The Produce Exchange, Inc. v. Volcano Produce, Inc. et al
| The Produce Exchange, Inc. |
| Volcano Produce, Inc., Toni Rodosta, Fugly Fruits and Volcano Produce Organics |
| 2:2023cv09802 |
| November 17, 2023 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Alka Sagar |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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Filing 27
MINUTES OF IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: In light of the parties' notice of settlement and joint motion to administratively close this matter #26 , indicating that the parties have reached a confidential settlement agreement, this action is placed in inactive status. By 6/16/2025, the parties shall file either (1) a stipulation and proposed order for dismissal of the action or judgment, or (2) a motion to reopen if settlement has not been consummated. Upon failure to timely comply with this Order, this action shall be deemed dismissed as of 6/17/2025. The Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. The 11/20/2023 Temporary Restraining Order #15 is DISSOLVED and the 12/18/2023 hearing is VACATED. (Made JS-6. Case Terminated.) Court Reporter: Not Reported. (gk)
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| Filing 26 NOTICE OF MOTION AND MOTION for Settlement Approval of Notice Of Settlement And Joint Motion To Administratively Close This Matter With Right To Jointly Move To Reopen To Enforce The Terms Of Settlement Until June 15, 2025 filed by Plaintiff The Produce Exchange, Inc.. (Golubow, Richard) |
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Filing 25
ORDER EXTENDING TEMPORARY RESTRAINING ORDER by Judge Dolly M. Gee: IT IS HEREBY ORDERED that the Stipulation #24 is APPROVED. The Temporary Restraining Order is extended and shall remain in effect until the show cause hearing on Plaintiff's Motion for Preliminary Injunction #5 . Defendants shall show cause before this Court on 12/18/2023 at 11:00 AM before Judge Dolly M. Gee, why a preliminary injunction should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure. (gk)
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| Filing 24 STIPULATION to Stipulation To Extend Temporary Restraining Order And Hearing On Motion For Preliminary Injunction One Week Order,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,,, Set/Reset Deadlines,,,, #20 filed by Plaintiff The Produce Exchange, Inc..(Golubow, Richard) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff The Produce Exchange, Inc., upon Defendant Toni Rodosta served on 11/21/2023, answer due 12/12/2023; Volcano Produce, Inc. served on 11/21/2023, answer due 12/12/2023. Service of the Summons and Complaint were executed upon Volcano Produce, Inc. - Registered Agent and Toni Rodesta in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Golubow, Richard) |
| Filing 22 DECLARATION of Toni Rodosta filed by Defendant Volcano Produce, Inc.. (Lapinski, John) |
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Filing 21
REDACTED ORDER MODIFYING TEMPORARY RESTRAINING ORDER #15 by Judge Dolly M. Gee: IT IS HEREBY ORDERED that the Stipulation to Modify Temporary Restraining Order #19 is APPROVED. Defendant Volcano Produce is authorized to pay, and Nevada State Bank is authorized to release, up to the total amount of $99,412.56 from Volcano Produce's bank account ending in 9083, to issue and/or honor payments only to the payees and only in the amounts in this order. Nevada State Bank is authorized to and shall pay to Plaintiff the entire amount of $26,193.94 currently held in the account ending in 4716, and to pay to Plaintiff the amount of $69,604.86 from the account ending in 9083. Up to the amount of $1,000.00 remaining in the account ending in 9083 may be used to pay overdraft fees. The Temporary Restraining Order shall remain in effect through the extended deadlines that the Parties agreed to in the Stipulation to Extend and as set forth in the Order Extending Temporary Restraining Order. See document for further details. (gk)
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Filing 20
ORDER EXTENDING TEMPORARY RESTRAINING ORDER by Judge Dolly M. Gee: IT IS HEREBY ORDERED that the Stipulation #18 is APPROVED. The Temporary Restraining Order is extended and shall remain in effect until the show cause hearing on Plaintiff's Motion for Preliminary Injunction #5 which is continued to 12/11/2023 at 11:00 AM before Judge Dolly M. Gee. Defendants shall show cause before this Court on 12/11/2023 at 11:00 AM why a preliminary injunction should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure. Defendants shall by 12/1/2023, file with the Court, with a copy to Plaintiff's counsel, an accounting which identifies the assets and liabilities and each account receivable of Defendant Volcano Produce signed under penalty of perjury, and Defendant Volcano Produce shall also supply to Plaintiff's attorney by 12/4/2023 any and all documents in connection with their assets and liabilities and related and subsidiary companies, etc. Defendants shall file any papers responding to the TRO by 12/5/2023. See document for further details. (gk)
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| Filing 19 STIPULATION to Amend Temporary Restraining Order,,,,,, #15 filed by Plaintiff The Produce Exchange, Inc..(Golubow, Richard) |
| Filing 18 STIPULATION for Extension of Time to File Response or Reply to the Temporary Restraining Order and Deadlines Therein One Week as to Temporary Restraining Order,,,,,, #15 filed by Plaintiff The Produce Exchange, Inc..(Golubow, Richard) |
| Filing 17 21-Day Summons Issued re Complaint #1 as to Defendant Toni Rodosta. (gk) |
| Filing 16 21-Day Summons Issued re Complaint #1 as to Defendant Volcano Produce, Inc. (gk) |
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Filing 15
TEMPORARY RESTRAINING ORDER WITHOUT NOTICE AND ORDER TO SHOW CAUSE by Judge Dolly M. Gee: IT IS HEREBY ORDERED that Defendants, their customers, agents, officers, subsidiaries, assigns, banking institutions, and related entities shall not alienate, dissipate, pay over or assign any assets of Volcano Produce, or its subsidiaries or related companies, except for payment to Plaintiff until further order of this Court or until Defendants pay Plaintiff the sum of $889,838.14 by cashier's check or certified check at which time the injunction will be dissolved. IT IS FURTHER ORDERED that bond shall be waived in view of the fact that Defendants now hold $889,838.14 of Plaintiff's assets. IT IS FURTHER ORDERED that service of a copy of this Order and the papers upon which it is based, together with the summons and complaint, by Federal Express or other nationally recognized overnight delivery service upon the Defendants on or before 11/21/2023, shall be deemed good and sufficient service thereof. IT IS FURTHER ORDERED that responsive papers, if any, shall be filed with the Court and served on counsel for Plaintiff by Defendants so as to be received by counsel for Plaintiff no fewer than 11/28/2023. IT IS FURTHER ORDERED that this Order shall expire 14 days from the date of its entry, unless before that time the Court extends it for a like period or Defendants consent to a longer extension. Defendants shall show cause before this Court on 12/4/2023 at 11:00 AM, why a preliminary injunction should not be issued. See document for further details. (gk)
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Filing 14
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S EX PARTE APPLICATIONS FOR TEMPORARY RESTRAINING ORDER #4 AND PRELIMINARY INJUNCTION #5 by Judge Dolly M. Gee: The Court GRANTS Plaintiff The Produce Exchange, Inc.'s ("TPE") Ex Parte Application for a Temporary Restraining Order ("TRO") #4 DEFERS RULING on its Application for Preliminary Injunction ("MPI") #5 , and ORDERS it to serve Defendants with both Ex Parte Applications and all related documents currently on the docket for this case (including this Order) as soon as possible, but in no event later than 11/21/2023. Defendants shall file and serve their opposition to the MPI no later than 11/27/2023, and TPE may file and serve an optional reply no later than 12/1/2023. The Court shall hold an expedited hearing on the MPI on 12/4/2023 at 11:00 AM. If at any time the parties stipulate to any form of interim relief, they shall immediately inform the Court of that development. See document for further details. Court Reporter: Not Reported. (gk)
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Filing 13
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff The Produce Exchange, Inc.. (Attachments: #1 Summons)(Golubow, Richard) |
| Filing 11 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil) |
| Filing 10 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alka Sagar. (jtil) |
| Filing 7 Attorney Certification Why Notice Should Not Be Required Pursuant To Fed.R.Civ.P. 65(b) filed by Plaintiff The Produce Exchange, Inc. re: EX PARTE APPLICATION for Temporary Restraining Order as to Motion For Temporary Restraining Order Without Notice #4 (Golubow, Richard) |
| Filing 6 BRIEF filed by Plaintiff The Produce Exchange, Inc.. Brief In Support Of Plaintiffs Motions For Temporary Restraining Order Without Notice And Order To Show Cause And For Preliminary Injunction Order regarding EX PARTE APPLICATION for Preliminary Injunction Motion For Preliminary Injunction Order #5 , EX PARTE APPLICATION for Temporary Restraining Order as to Motion For Temporary Restraining Order Without Notice #4 . (Golubow, Richard) |
| Filing 5 EX PARTE APPLICATION for Preliminary Injunction Motion For Preliminary Injunction Order filed by Plaintiff The Produce Exchange, Inc.. (Golubow, Richard) |
| Filing 4 EX PARTE APPLICATION for Temporary Restraining Order as to Motion For Temporary Restraining Order Without Notice filed by Plaintiff The Produce Exchange, Inc.. (Golubow, Richard) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff The Produce Exchange, Inc.. (Attachments: #1 Summons)(Golubow, Richard) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff The Produce Exchange, Inc.. (Golubow, Richard) |
| Filing 1 COMPLAINT Receipt No: ACACDC-36431814 - Fee: $402, filed by Plaintiff The Produce Exchange, Inc.. (Attorney Richard H Golubow added to party The Produce Exchange, Inc.(pty:pla))(Golubow, Richard) |
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