A. Ferlito Farms, Inc. v. Empire Fresh Cuts, LLC et al
Plaintiff: A. Ferlito Farms, Inc.
Defendant: Empire Fresh Cuts, LLC, James R. Zappala and Samuel A. Zappala
Case Number: 5:2010cv01044
Filed: August 30, 2010
Court: US District Court for the Northern District of New York
Office: Syracuse Office
County: Oswego
Presiding Judge: Andrew T. Baxter
Presiding Judge: Glenn T. Suddaby
Nature of Suit: Agricultural Acts
Cause of Action: 07 U.S.C. ยง 499
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
September 14, 2011 Opinion or Order Filing 29 DEFAULT JUDGMENT: entered in favor of A. Ferlito Farms, Inc., against Empire Fresh Cuts, LLC and James R. Zappala. Plaintiff is awarded $429,590.00 in damages and $83,597.20 in interest. (jmb)
September 30, 2010 Opinion or Order Filing 16 ORDER/PRELMINARY INJUNCTION granting 9 Motion for TRO. Based on a careful review of Ferlito Farms Complaint, the Declaration of Joseph A. Ferlito, and the Exhibits annexed thereto, the Ferlito Farms memorandum of law in support of its ex parte mot ion for a temporary restraining order and preliminary injunction, and all other papers filed in this action, and Defendants having failed to appear or file papers in opposition to the motion, and due consideration having been had, Ferlito Farms motion for a preliminary injunction is granted. Signed by Judge Glenn T. Suddaby on 9/30/10. (mnm)
September 1, 2010 Opinion or Order Filing 10 ORDER TO SHOW CAUSE and TEMPORARY RESTRAINING ORDER: Defendants are ordered to show cause before this Court on 9/15/10 to be heard on submit in Syracuse, New York before the Honorable Glenn T. Suddaby with no personal appearance necessary, why an ord er for Preliminary Injunction should not be entered; and it is ordered that Defendants shall not use any PACA trust assets without agreement of the parties or until further order of this Court, or until the Defendants pay Ferlito Farms by cashiers check or certified check the principal amount owed to Plaintiff of $429,590.00. Defendants' response to this motion is due by 9/9/10; and reply to response to motion is due by 9/13/10.Signed by Judge Glenn T. Suddaby on 9/1/10. (lmw)
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Plaintiff: A. Ferlito Farms, Inc.
Represented By: Nancy L. Pontius
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Defendant: Empire Fresh Cuts, LLC
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Defendant: James R. Zappala
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Defendant: Samuel A. Zappala
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