Persevere Produce LLC v. Bella Fresh LLC et al
Plaintiff: Persevere Produce LLC
Defendant: Lawrence Ruggiero, Bella Fresh Houston LLC, Preston Fletcher, Andrew Ruggiero and Bella Fresh LLC
Case Number: 2:2019cv05717
Filed: December 3, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Camille D Bibles
Referring Judge: Steven P Logan
Nature of Suit: Other Statutes: Agriculture Acts
Cause of Action: 07:499
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2020 Opinion or Order Filing 28 ORDER granting #27 Motion to Continue: Preliminary Injunction Hearing scheduled for January 30, 2020 is reset to February 19, 2020 at 9:00 a.m. Plaintiff shall have until February 3, 2020 to serve Defendants Andrew Ruggiero and Lawrence Ruggiero. Defendants shall have until February 7, 2020 to file a response. Plaintiff shall have until February 12, 2020 to file a reply. Signed by Judge Steven P Logan on 1/29/2020. (LMR)
January 29, 2020 Filing 27 MOTION to Continue Preliminary Injunction Hearing by Persevere Produce LLC. (Attachments: #1 Exhibit Affidavit of Due Diligence re: Andrew Ruggiero, #2 Exhibit Affidavit of Due Diligence re: Lawrence Ruggiero, #3 Text of Proposed Order Proposed Order)(Saffer, Jonathan)
January 27, 2020 Filing 26 NOTICE re: Proof of Service by Persevere Produce LLC re: #23 Service Executed . (Attachments: #1 Exhibit A, #2 Exhibit B)(Klinowski, Jason)
January 27, 2020 Filing 25 SERVICE EXECUTED filed by Persevere Produce LLC: Affidavit of Process re: Summons, Complaint, Civil Cover Sheet, Exhibits A-G, Preliminary order, Corporate Disclosure Statement, Consent to Exercise of Jurisdiction of US Magistrate, Notice to All Parties, Mandatory Initial Discovery Pilot Project, General Order 17-08, Instructions to All Parties action required within 14 days upon Preston W. Fletcher on 01/24/2020. (Klinowski, Jason)
January 24, 2020 Filing 24 SERVICE EXECUTED filed by Persevere Produce LLC: Affidavit of Service re: Complaint, Summons, Preliminary Order, Corporate Disclosure Statement, Consent to Magistrate Judge, MIDP General Order upon Bella Fresh, LLC on January 21, 2020. (Saffer, Jonathan)
January 22, 2020 Filing 23 *NOTICE re: Service filed by Persevere Produce LLC re: Order D.E. #21 . (Klinowski, Jason) *Modified event and text on 1/23/2020 (REK).
January 22, 2020 Filing 22 SERVICE EXECUTED filed by Persevere Produce LLC: Affidavit of Service re: Summons, Complaint, Civil Cover Sheet, Exhibits A-G, Preliminary order, Corporate Disclosure Statement, Consent to Exercise of Jurisdiction of US Magistrate, Notice to All Parties, Mandatory Initial Discovery Pilot Project, General Order 17-08, Instructions to All Parties action required within 14 days upon Bella Fresh Houston LLC on 01/16/20. (Klinowski, Jason)
January 21, 2020 Opinion or Order Filing 21 ORDER: Plaintiff's Motion for Temporary Restraining Order #18 is denied to the extent that it requests issuance of a Temporary Restraining Order without notice. No later than Wednesday, January 22, 2020 at 5:00 p.m., Plaintiff must serve a copy on Defendants and file proof of service with the Court of the following: (1) the Complaint; (2) the Motion for Preliminary Injunction; and (3) this Order. Defendants shall have until Friday, January 24, 2020 at 11:59 p.m. to file a Response. Plaintiff shall have until Tuesday, January 28, 2020 at 5:00 p.m. to file a Reply. The Court will hold a hearing regarding the Motion for Preliminary Injunction #19 on Thursday, January 30, 2020 at 1:30 p.m. Signed by Judge Steven P Logan on 1/21/2020. (REK)
January 17, 2020 Filing 20 Additional Attachments to Main Document re: #18 MOTION for Temporary Restraining Order by Plaintiff Persevere Produce LLC. (Klinowski, Jason)
January 17, 2020 Filing 19 *MOTION for Preliminary Injunction , MOTION to Consolidate Hearing with the Trial on the Merits by Persevere Produce LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit A to declaration, #4 Exhibit B to declaration, #5 Exhibit C to Declaration, #6 Text of Proposed Order Proposed Order)(Klinowski, Jason). *Added MOTION to Consolidate Hearing with the Trial on the Merits on 1/21/2020 (REK).
January 17, 2020 Filing 18 MOTION for Temporary Restraining Order by Persevere Produce LLC. (Attachments: #1 Memo of Law, #2 Declaration, #3 Exhibit A to declaration, #4 Exhibit B to declaration, #5 Exhibit C to Declaration)(Klinowski, Jason)
January 17, 2020 Filing 17 NOTICE re: Notice of Motion by Persevere Produce LLC . (Klinowski, Jason)
January 9, 2020 Opinion or Order Filing 16 ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motion to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. Unless the Court orders otherwise, on March 2, 2020, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Steven P Logan on 1//9/2020. (Attachments: #1 Attachments)(LMR)
January 8, 2020 Filing 15 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Steven P. Logan. All further pleadings/papers should now list the following COMPLETE case number: CV-19-5717-PHX-SPL. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for January 21, 2020 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
January 7, 2020 Filing 14 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
January 3, 2020 Opinion or Order Filing 11 Order that Persevere Produce LLC show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 1/21/2020 at 04:30 PM before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
December 6, 2019 Remark: Pro hac vice motion(s) granted for Jason R Klinowski on behalf of Plaintiff Persevere Produce LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 5, 2019 Filing 10 Summons Issued as to Lawrence Ruggiero. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
December 4, 2019 Filing 9 SUMMONS Submitted by Persevere Produce LLC. (Saffer, Jonathan)
December 3, 2019 Filing 8 AMENDED DOCUMENT by Persevere Produce LLC Corrected Civil Cover Sheet. (Saffer, Jonathan)
December 3, 2019 Filing 7 Summons Issued as to Bella Fresh Houston LLC, Bella Fresh LLC, Preston Fletcher, Andrew Ruggiero. (Attachments: #1 Summons, #2 Summons, #3 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
December 3, 2019 Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Persevere Produce LLC. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. PLEASE Complete and hit generate at the bottom of form. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO)
December 3, 2019 Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MCO)
December 3, 2019 Filing 4 Filing fee paid, receipt number 0970-17689491. This case has been assigned to the Honorable Camille D Bibles. All future pleadings or documents should bear the correct case number: CV-19-5717-PHX-CDB. Magistrate Election form attached. (MCO)
December 3, 2019 Filing 3 SUMMONS Submitted by Persevere Produce LLC. (Saffer, Jonathan) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons No Name)(MCO)
December 3, 2019 Filing 2 Corporate Disclosure Statement by Persevere Produce LLC. (Saffer, Jonathan) (MCO)
December 3, 2019 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17689491 filed by Persevere Produce LLC. (Saffer, Jonathan) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MCO)

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Plaintiff: Persevere Produce LLC
Represented By: Jonathan Marc Saffer
Represented By: Jason R Klinowski
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Defendant: Lawrence Ruggiero
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Defendant: Bella Fresh Houston LLC
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Defendant: Preston Fletcher
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Defendant: Andrew Ruggiero
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Defendant: Bella Fresh LLC
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