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12-50073-lmc Doc#212 Filed 04/16/12 Entered 04/16/12 17:50:45 Main Document Pg 1 of 3

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION IN RE: DELTA PRODUCE, L.P., et al. DEBTORS. (CHAPTER 11) CASE NO. 12-50073-LMC Jointly Administered

HARLLEE PACKING, INC.S RESPONSE TO SPECIAL PACA COUNSELS OBJECTION TO CLAIMS (Relates to Dkt. No. 159) COMES NOW, Harllee Packing Inc. (Harllee), by and through its undersigned counsel, and hereby responds to Special PACA Counsels Objection to Claims (Dkt. No. 159) (the Objection to Claims)1 and states: 1. Harllee timely and properly filed its PACA claims against Delta Produce, L.P.

(See Case No. 12-50073, Claim No. 32) and Superior Tomato-Avocado, Ltd. (See Case No. 1250074, Claim No. 35) on February 13, 2012 (the Harllee PACA Claims). 2. 3. On March 22, 2012, Special Counsel filed its Objection to Claims. The Objection to Claims objected to the Harllee PACA Claims stating that

handling and environmental charges (the Charges) within the Harllee invoices are ineligible under the PACA trust. 4. Harllee disputes the objection to its PACA claims and further states that the

Charges are PACA trust eligible claims and should be allowed.

Despite the order granting joint administration of the above referenced chapter 11 cases (see Dkt. No. 23), Special PACA Counsel filed its objection to the claim against Superior Tomato-Avocado, Ltd. in Case No. 1250074 at Dkt. No. 50.

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5.

Counsel for Harllee has conferred with Special PACA Counsel and an agreement

has been reached. Special PACA Counsel and Harllee anticipate filing a settlement agreement and any other documents and/or motions necessary to consummate the agreement in due course. WHEREFORE, the Harllee requests that the Court deny the objection to the Harllee PACA Claims and grant Harllee such other and further relief, both at law and in equity, to which Harllee may be justly entitled. Dated: April 16, 2012 Respectfully submitted, BRACEWELL & GIULIANI LLP By: _/s/ Chris S. Tillmanns Chris S. Tillmanns Texas Bar No. 24060730 Chris.Tillmanns@bgllp.com 711 Louisiana, Suite 2300 Houston, Texas 77002 Telephone: (713) 223-2300 Facsimile: (713) 221-1212 LOCAL COUNSEL FOR HARLLEE PACKING, INC. - AND FOWLER WHITE BOGGS, P.A. By: _/s/ Jake Blanchard Jake Blanchard Florida Bar No. 0055438 Jake.Blanchard@fowlerwhite.com 501 E. Kennedy Blvd, Suite 1700 Tampa, Florida 33602 Telephone: (813) 222-1103 Facsimile: (813) 384-2802 COUNSEL FOR HARLLEE PACKING, INC.

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Response has been served via electronic means on the parties receiving notice through the court's ECF noticing system on this 16th day of April, 2012.

By: /s/ Chris S. Tillmanns Chris S. Tillmanns