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: New York Northern District Court
Office: Syracuse Office
County: Oswego
Referring Judge: Andrew T. Baxter
Presiding Judge: Glenn T. Suddaby
 
Nature of Suit: Agricultural Acts
Cause of Action: 07:499
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
September 1, 2010 10 Opinion or Order of the Court 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)
September 30, 2010 16 Opinion or Order of the Court 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 14, 2011 28 Opinion or Order of the Court MEMORANDUM-DECISION & ORDER: It is ordered that Plaintiff's # 24 Motion for Default Judgment against Empire Fresh Cuts, LLC and James R. Zappala is GRANTED. Plaintiff is awarded $429,590.00 in damages and $83,597.20 in interest. Default judgment to be entered by the clerk as to defendants Empire Fresh Cuts, LLC and James R. Zappala. Signed by Judge Glenn T. Suddaby on 9/14/2011. (jmb)
September 14, 2011 29 Opinion or Order of the Court 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)

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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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