Kingdom Fresh Produce, Inc. et al v. Delta Produce, L.P. et al
| Bernardi & Associates, Inc., Eagle Eye Produce, Inc., Market Dispatch Service, Inc., Divine Ripe, LLC, DeLage Landen Financial Services, Staci Properties, Ltd., Juniper Tomato Growers, Inc., Tijerina & Sons, LLC, International Bank of Commerce, C & R Fresh, LLC, Duckwall Fruit Co., Andrew & Williamson Sales Company, Superior Tomato-Avocado Ltd., Wilson Davis Company, Henry Avocado Corp., Randolph N. Osherow, Ocean Mist Farms, Coosemans Houston, Inc., Uesugi Farms, Inc, County of Guadalupe, Texas Sweet Potato Distributing, LLC, Sunriver Sales, Greenhouse Produce Company, LLC, Garigiulo, Inc., Delta Produce, L.P., Wortham Insurance & Risk Mgmt., Bexar County, Royal Flavor, LLC, Mecca Family Farms, Inc., Harllee Packing, Inc., Muller Trading, DiMare Enterprises, Inc., NMHG Financial Services, Inc., Fresh Pac International, Frank's Distributing of Produce, LLC, General Electric Capital Corporation, Delta Produce, LP, Superior Tomato-Avocado, Ltd., Atled, Ltd., Webster Capital Finance, Inc., J-C Distributing, Inc., W. Scott Jensen, London Fruit, Inc., Daimler Trust, Texas Comptroller of Public Accounts, Key Equipment Finance, Inc., Harvest Crown Co., Inc., Mission Produce, Inc., TripleH Produce, LLC, Leonard Holding Company, Wilson Produce, LLC, Rio Queen Citrus, Inc., Fresh Start ProduceSales, Langley & Banack, Toyota Motor Credit Corporation, Stokes Law Office LLP, PACCAR Financial Corp., The Pumpkin Patch, LLP, Prime Time Sales, LLC, Eco-Farms Sales, Inc., Flatiron Capital and Pacific International Marketing |
| I. Kunik Co., Inc., G.R. Produce, Inc., Rio Bravo Produce, LTD LLC, Kingdom Fresh Produce, Inc. and Five Brothers Jalisco Produce Co., Inc. |
| Delta Produce, LP |
| 5:2014cv00022 |
| January 9, 2014 |
| US District Court for the Western District of Texas |
| San Antonio Office |
| David A Ezra |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 1334 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 25, 2017. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 48
ORDER GRANTING #45 Motion to Remand to Bankruptcy Court; GRANTING #45 Motion to Vacate Prior Orders and Remand Remaining Case to Bankruptcy Court with Instructions. Signed by Judge David A. Ezra. (rg)
|
|
Text Order GRANTING #47 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vh)
|
| Filing 47 MOTION to Appear Pro Hac Vice by Craig A. Stokes for Mark C. H. Mandell ( Filing fee $ 100 receipt number 0542-9229335) by on behalf of Stokes Law Office LLP. (Attachments: #1 Proposed Order)(Stokes, Craig) |
| Filing 45 MOTION to Remand to Bankruptcy Court , MOTION to Vacate by Stokes Law Office LLP. (Attachments: #1 Memorandum of Points in Support of Motion, #2 Declaration of Counsel, #3 Exhibit A - Order USBC Docket Entry 617, #4 Proposed Order)(Stokes, Craig) |
|
Filing 46
ORDER re #18 Notice of Appeal (E-Filed), #16 Notice of Appeal (E-Filed) filed by Stokes Law Office LLP. Signed by Judge David A. Ezra. (rg)
|
| Filing 44 Certified copy of USCA JUDGMENT/MANDATE Remanding #18 Notice of Appeal (E-Filed), filed by Rio Bravo Produce, LTD LLC, I. Kunik Co., Inc., Five Brothers Jalisco Produce Co., Inc., Kingdom Fresh Produce, Inc., G.R. Produce, Inc., Notice of Appeal,, filed by Stokes Law Office LLP, Notice of Appeal,, filed by Rio Bravo Produce, LTD LLC, I. Kunik Co., Inc., Five Brothers Jalisco Produce Co., Inc., Kingdom Fresh Produce, Inc., G.R. Produce, Inc., #16 Notice of Appeal (E-Filed) filed by Stokes Law Office LLP. ***THIS CAUSE WAS CONSIDERED ON THE RECORD ON APPEAL AND WAS ARGUED BY COUNSEL. IT IS ORDERED AND ADJUDGED THAT THE JUDGMENT OF THE DISTRICT COURT IS AFFIRMED IN PART AND VACATED FOR LACK OF JURISDICTION IN PART, AND THE CAUSE IS REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH THE OPINION OF THIS COURT. IT IS FURTHER ORDERED THAT EACH PARTY BEAR ITS OWN COSTS ON APPEAL.*** (Attachments: #1 Transmittal Letter from USCA5)(dtg) |
|
Filing 43
ORDER Cancelling Status Conference Scheduled for March 28, 2016. Signed by Judge David A. Ezra. (rg)
|
|
Filing 42
ORDER, Status Conference set for 3/28/2016 at 1:00 PM before Judge David A. Ezra. Signed by Judge David A. Ezra. (sf)
|
|
Filing 41
ORDER of USCA (certified copy) regarding Order Granting Appellant-Cross-Appellee's opposed motion to supplement the record. ; re Notice of Appeal,, Notice of Appeal,, (Attachments: #1 Transmittal Letter from USCA5, #2 Copy of Motion to Supplement, #3 Copy of Exhibit A, #4 Copy of Exhibit B)(mgr)
|
| Filing 40 EXHIBIT RECEIPT from Rachel Hernandez U.S. Bankruptcy Court. (mgr) |
|
Filing 39
BANKRUPTCY COURT ORDER GRANTING WALTER SCOTT JENSEN'S MOTION TO UNSEAL SETTLEMENT AGREEMENT.. Signed by Judge Craig A. Gargotta (rf)
|
| Filing 38 NOTICE to the Court on Behalf of Various PACA Creditor Groups, Corrected by Stokes Law Office LLP (Attachments: #1 Exhibit A - Affidavit of Bart Botta, #2 Exhibit B - Affidavit of Blake Surbey, #3 Exhibit C - Declaration of Steven Nurenberg, #4 Exhibit D - Notice of Consent by the Goldman Group)(Stokes, Craig) |
| Filing 37 DEFICIENCY NOTICE: ****NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - Incorrect case number or case style listed on document filed.The case type "mc" reflected on the document is incorrect.***** re #36 Notice (rf) |
| Filing 36 *** DOCUMENT IS DEFICIENT - INCORRECT CASE TYPE REFELECTED****NOTICE to the Court on Behalf of Various PACA Creditor Groups by Stokes Law Office LLP (Attachments: #1 Exhibit A - Affidavit of Bart Botta, #2 Exhibit B - Affidavit of Blake Surbey, #3 Exhibit C - Declaration of Steven Nurenberg, #4 Exhibit D - Notice of Consent by the Goldman Group)(Stokes, Craig) Modified on 4/6/2015, to designate deficiency (rf). |
| Filing 35 Transcript filed of Proceedings held on 03-24-2015, Proceedings Transcribed: Plaintiffs' motion for Reconsideration Hearing. Court Reporter/Transcriber: Kristin Anderson, Telephone number: 210-244-5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 4/20/2015, Redacted Transcript Deadline set for 4/30/2015, Release of Transcript Restriction set for 6/29/2015, Appeal Record due by 4/14/2015, (kma) |
| Filing 34 Sealed Document filed (tr1) |
|
Filing 33
ORDER DENYING WITHOUT PREJUDICE #26 Motion for Reconsideration. The Court ORDERS Special Counsel to submit the following to the Court no later than Friday, March 27, 2015, at the close of business: (1) an affidavit from Special Counsel to be seen only by the Court in camera, filed ex parte and under seal, outlining his finances and his ability to repay the funds, if so ordered, and the sources of those funds; and (2) an affidavit from Special Counsel to be distributed to opposing counsel, filed under seal, summarizing the ultimate dollar amount and/or percentage that Special Counsel is able to repay from a) funds outside of his 401(K) account and/or b) his 401(K) account. Signed by Judge David A. Ezra. (rg)
|
| Filing 32 Minute Entry for proceedings held before Judge David A. Ezra: Motion Hearing held on 3/24/2015 re #26 MOTION for Reconsideration re #25 Order Directing Stokes Law Office to Hold Disputed Funds filed by Rio Bravo Produce, LTD LLC, I. Kunik Co., Inc., Five Brothers Jalisco Produce Co., Inc., Kingdom Fresh Produce, Inc., G.R. Produce, Inc. (Minute entry documents are not available electronically.). (Court Reporter Kristin Anderson.)(tr1) |
| Filing 31 Hand Delivered Supplemental Record on Appeal transmitted to Attorney Craig A. Stokes RE Notice of Appeal, (mgr) |
| Filing 30 REPLY to Response to Motion, filed by Five Brothers Jalisco Produce Co., Inc., G.R. Produce, Inc., I. Kunik Co., Inc., Kingdom Fresh Produce, Inc., Rio Bravo Produce, LTD LLC, re #26 MOTION for Reconsideration re #25 Order Directing Stokes Law Office to Hold Disputed Funds filed by Appellant Rio Bravo Produce, LTD LLC, Appellant I. Kunik Co., Inc., Appellant Five Brothers Jalisco Produce Co., Inc., Appellant Kingdom Fresh Produce, Inc., Appellant G.R. Produce, Inc. (Hillison, Scott) |
| Filing 29 Letter/Correspondence to attorney Mark C.H. Mandell regarding Admission to Practice in the Western District of Texas. (rg) |
| Filing 28 RESPONSE to Motion, filed by Stokes Law Office LLP, re #26 MOTION for Reconsideration re #25 Order Directing Stokes Law Office to Hold Disputed Funds filed by Appellant Rio Bravo Produce, LTD LLC, Appellant I. Kunik Co., Inc., Appellant Five Brothers Jalisco Produce Co., Inc., Appellant Kingdom Fresh Produce, Inc., Appellant G.R. Produce, Inc. (Attachments: #1 Exhibit A - Transcript of February 26, 2015 Hearing, #2 Exhibit B - Notice of Hearing Before the USDA, #3 Proposed Order)(Stokes, Craig) |
|
Filing 27
ORDER (Setting Telephone Conference for 3/24/2015 9:00 AM before Judge David A. Ezra,) on the #26 MOTION for Reconsideration for 3/24/2015 09:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (rg)
|
| Filing 26 MOTION for Reconsideration re #25 Order Directing Stokes Law Office to Hold Disputed Funds by Five Brothers Jalisco Produce Co., Inc., G.R. Produce, Inc., I. Kunik Co., Inc., Kingdom Fresh Produce, Inc., Rio Bravo Produce, LTD LLC. (Attachments: #1 Exhibit State Bar of Texas Lawyer's Guide to Client Trust Accounts, #2 Proposed Order)(Hillison, Scott) |
|
Filing 25
ORDER DIRECTING STOKES LAW OFFICE TO HOLD DISPUTED FUNDS until such time as the Fifth Circuit renders a final judgment on the fee awards or this Court or the Fifth Circut direts otherwise. Signed by Judge David A. Ezra. (rg)
|
| Filing 24 Letter of transmittal from USCA received for #16 Notice of Appeal, filed by Stokes Law Office LLP, #18 otice of Appeal, filed by Rio Bravo Produce, LTD LLC, I. Kunik Co., Inc., Five Brothers Jalisco Produce Co., Inc., Kingdom Fresh Produce, Inc., G.R. Produce, Inc. (Attachments: #1 COPY of Motion filed with USCA5, #2 Bankruptcy Transcript of December 12, 2012, #3 Bankruptcy Transcript of November 4, 2013)(dtg) |
| Filing 23 Letter of transmittal from USCA received for Notice of Appeal,, Motion to Consolidate Appeals 14-51079 and 14-51080 Granted filed by Stokes Law Office LLP, Notice of Appeal,, filed by Rio Bravo Produce, LTD LLC, I. Kunik Co., Inc., Five Brothers Jalisco Produce Co., Inc., Kingdom Fresh Produce, Inc., G.R. Produce, Inc.. (mgr) |
| Filing 22 Letter of transmittal from USCA received for Notice of Appeal, Motion to Consolidate appeals 14-51079 and 14-51080 filed by Stokes Law Office LLP, Notice of Appeal,, filed by Rio Bravo Produce, LTD LLC, I. Kunik Co., Inc., Five Brothers Jalisco Produce Co., Inc., Kingdom Fresh Produce, Inc., G.R. Produce, Inc.. (mgr) |
| Filing 21 Acknowledgement Receipt for Record on Appeal by Attorney Scott E. Hillison. re #20 Appeal Record Transmitted (mgr) |
| Filing 20 Certified and Transmitted Record on Appeal to Scott E. Hillison. re Notice of Appeal,, Notice of Appeal,, (mgr) |
| Filing 19 Certified and Hand Delivered Record on Appeal to Attorney Craig A. Stokes. re Notice of Appeal,, Notice of Appeal,, (mgr) |
| Filing 18 Cross Appeal of Final Judgment #15 , #17 by Five Brothers Jalisco Produce Co., Inc., G.R. Produce, Inc., I. Kunik Co., Inc., Kingdom Fresh Produce, Inc., Rio Bravo Produce, LTD LLC. ( Filing fee $ 505 receipt number 0542-6882631) (Hillison, Scott) |
| NOTICE OF CROSS-APPEAL following #18 Notice of Appeal (E-Filed), by Five Brothers Jalisco Produce Co., Inc., G.R. Produce, Inc., I. Kunik Co., Inc., Kingdom Fresh Produce, Inc., Rio Bravo Produce, LTD LLC. Filing fee $ 505.00, receipt number 0542-6882631. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out #Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (rg) |
| NOTICE of Certification of Electronic Record on Appeal Submitted to USCA5 for Acceptance in USCA #14-51079. re Notice of Appeal,, (mgr) |
|
Filing 16
Appeal of Order entered by District Judge #15 by Stokes Law Office LLP. ( Filing fee $ 505 receipt number 0542-6845046) (Stokes, Craig)
|
| NOTICE OF APPEAL following #16 Notice of Appeal (E-Filed) by Stokes Law Office LLP. Filing fee $ 505.00, receipt number 05426845046. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out #Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (rg) |
| Filing 17 CLERK'S JUDGMENT - the Court VACATES the bankruptcy court's order granting Special Counsel's Third and Final Fee Application. (rg) |
|
Filing 15
***DOCUMENT HAS BEEN VACATED PURSUANT TO AN ORDER FILED ON JULY 25, 2017, DOCUMENT #48***MEMORANDUM OPINION and ORDER Vacating the Bankruptcy Court's Order Granting Special PACA Trust Counsel's Third Interim Application for Attorney's Fees. Signed by Judge David A. Ezra. (rg) Modified on 7/25/2017 (rg).
|
| Filing 14 BRIEF Amicus Curiae by Randolph N. Osherow. (rg) |
|
Text Order GRANTING #13 Motion for Leave to File Amicus Brief entered by Judge David A. Ezra. The Clerk of the Court shall file Dkt. # 13, Ex. 1 as an Amicus Brief. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ew)
|
| Filing 13 MOTION for Leave to File Amicus Brief by Thomas W. McKenzie. by Randolph N. Osherow. (Attachments: #1 Proposed Order, #2 Exhibit Amicus Brief)(McKenzie, Thomas) |
| Filing 12 Appellant's REPLY BRIEF by Five Brothers Jalisco Produce Co., Inc., G.R. Produce, Inc., I. Kunik Co., Inc., Kingdom Fresh Produce, Inc., Rio Bravo Produce, LTD LLC. (Hillison, Scott) |
| Filing 11 Appellee's BRIEF by Stokes Law Office LLP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Stokes, Craig) |
| Filing 10 BRIEF by Five Brothers Jalisco Produce Co., Inc., G.R. Produce, Inc., I. Kunik Co., Inc., Kingdom Fresh Produce, Inc., Rio Bravo Produce, LTD LLC. (Hillison, Scott) |
|
Text Order GRANTING #9 Motion to Appear Pro Hac Vice of Scott E. Hillison. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
|
| Filing 9 MOTION to Appear Pro Hac Vice by James Samuel Wilkins ( Filing fee $ 100 receipt number 0542-6187130) by on behalf of Kingdom Fresh Produce, Inc.. (Attachments: #1 Proposed Order)(Wilkins, James) |
| Filing 8 Letter/Correspondence to attorney Bart M. Botta regarding Admission to Practice in the Western District of Texas. (rg) |
| Filing 7 Letter/Correspondence to attorney Robert E. Goldman regarding Admission to Practice in the Western District. (rg) |
| Filing 6 Letter/Correspondence to attorney Scott E. Hillison regarding Admission to Practice in the Western District of Texas. (rg) |
| Filing 5 Notice of Docketing Bankruptcy Appeal. Appellant Brief due by 1/27/2014. (rg) |
| Filing 4 SUPPLEMENT to #1 Certificate of transmission of Bankruptcy record on Appeal, by Five Brothers Jalisco Produce Co., Inc., G.R. Produce, Inc., I. Kunik Co., Inc., Kingdom Fresh Produce, Inc., Rio Bravo Produce, LTD LLC. (Continuation of Voluminous Exhibits) (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 14, #6 Exhibit 15, #7 Exhibit 16, #8 Exhibit 17, #9 Exhibit 18, #10 Exhibit 19, #11 Exhibit 20, #12 Exhibit 21, #13 Exhibit 22, #14 Exhibit 23, #15 Exhibit 24, #16 Exhibit 25, #17 Exhibit 26, #18 Exhibit 27)(rg) |
| Filing 3 SUPPLEMENT to #1 Certificate of transmission of Bankruptcy record on Appeal, by Five Brothers Jalisco Produce Co., Inc., G.R. Produce, Inc., I. Kunik Co., Inc., Kingdom Fresh Produce, Inc., Rio Bravo Produce, LTD LLC. (Continuation of Voluminous Exhibits) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(rg) |
| Filing 2 SUPPLEMENT to #1 Certificate of transmission of Bankruptcy record on Appeal, by Five Brothers Jalisco Produce Co., Inc., G.R. Produce, Inc., Kingdom Fresh Produce, Inc., Rio Bravo Produce, LTD LLC. (Continuation of Voluminous Exhibits) (Attachments: #1 Exhibit 19, #2 Exhibit 20, #3 Exhibit 21, #4 Exhibit 22, #5 Exhibit 23, #6 Exhibit 24, #7 Exhibit 25, #8 Exhibit 26, #9 Exhibit 27, #10 Exhibit 28, #11 Exhibit 29)(rg) |
| Filing 1 Certificate of transmission of Bankruptcy on Appeal. Bankruptcy Court case number 12-50073-cag., filed by Rio Bravo Produce, LTD LLC, Five Brothers Jalisco Produce Co., Inc., G.R. Produce, Inc., I. Kunik Co., Inc., Kingdom Fresh Produce, Inc. (Attachments: #1 Notice of Appeal; Designation of Record on Appeal; Supplemental, #2 BK Docket Sheet, #3 BK Docket Sheet (continuation), #4 BK Docket Sheet (continuation), #5 Designation of Record on Appeal, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18)(rg) (Additional attachment(s) added on 1/13/2014: #24 Civil Cover Sheet) (rg). |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo. (rg) |
| Case Assigned to the Honorable David A. Ezra. (rg) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
