Daylight Foods, Inc. v. AEM Food & Beverage, Inc. et al
Plaintiff: Daylight Foods, Inc.
Defendant: AEM Food & Beverage, Inc., ESM, Inc., Emily Mitra and Anjan Mitra
Case Number: 4:2019cv06461
Filed: October 8, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Donna M Ryu
Nature of Suit: Agriculture Acts
Cause of Action: 07 U.S.C. ยง 499
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2019 Filing 28 STATUS REPORT by Daylight Foods, Inc.. (Niles, Jennifer) (Filed on 12/6/2019)
December 6, 2019 Filing 27 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AEM Food & Beverage, Inc., Anjan Mitra, Emily Mitra.. (Zuromski, Richard) (Filed on 12/6/2019)
December 6, 2019 Filing 26 NOTICE of Appearance by Richard John Zuromski, Jr (Zuromski, Richard) (Filed on 12/6/2019)
November 26, 2019 Opinion or Order Filing 25 ORDER: The court has received notice that the parties have reached a settlement agreement #24 . All currently set case deadlines are vacated. The parties shall file a status report on the settlement by December 6, 2019. Depending on the nature of the "court approval" the parties are seeking with respect to the settlement, Defendants may need to make an appearance and indicate whether they consent to magistrate judge jurisdiction.Signed by Magistrate Judge Donna M. Ryu on 11/26/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3, COURT STAFF) (Filed on 11/26/2019)
November 25, 2019 Filing 24 NOTICE of Settlement by Daylight Foods, Inc. (Niles, Jennifer) (Filed on 11/25/2019) Modified on 11/26/2019 (jmlS, COURT STAFF).
November 25, 2019 Opinion or Order Filing 23 ORDER: On October 30, 2019, Plaintiff filed a motion for a preliminary injunction #17 . On November 15, 2019, the court granted the parties' stipulation to extend the deadline for Defendants to respond to the motion #22 . Defendants' responses were due November 22, 2019. The court also ordered Defendants to file a consent or declination to proceed before a magistrate judge with their responses. As of the date of this order, nothing has been filed. By November 26, 2019 at 9:00 a.m., the parties shall file a joint status report. Signed by Magistrate Judge Donna M. Ryu on 11/25/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3, COURT STAFF) (Filed on 11/25/2019)
November 15, 2019 Opinion or Order Filing 22 Order [AS MODIFIED] by Magistrate Judge Donna M. Ryu granting #21 Motion to Continue Deadlines. Defendants shall file a consent or declination to magistrate judge jurisdiction along with their response. (dmrlc3, COURT STAFF) (Filed on 11/15/2019)
November 14, 2019 #Electronic filing error. Incorrect event used. [err101] The correct event is Motion to Continue. Corrected by Clerk's Office. No further action is necessary. Re: #21 STIPULATION WITH PROPOSED ORDER re #17 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support filed by Daylight Foods, Inc. (jmlS, COURT STAFF) (Filed on 11/14/2019)
November 13, 2019 Filing 21 Motion to Continue and Memorandum of Points and Authorities in Support re #17 MOTION for Preliminary Injunction filed by Daylight Foods, Inc.. (Attachments: #1 Proposed Order)(Niles, Jennifer) (Filed on 11/13/2019) Modified on 11/14/2019 (jmlS, COURT STAFF).
November 1, 2019 Filing 20 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Daylight Foods, Inc... (Niles, Jennifer) (Filed on 11/1/2019)
October 31, 2019 Filing 19 CERTIFICATE OF SERVICE by Daylight Foods, Inc. re #17 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support Declaration of Chris Vlahopouliotis, Exhibits, and Proposed Order (Niles, Jennifer) (Filed on 10/31/2019)
October 31, 2019 Filing 18 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/7/2019. (ig, COURT STAFF) (Filed on 10/31/2019)
October 30, 2019 Filing 17 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support filed by Daylight Foods, Inc.. Motion Hearing set for 12/12/2019 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 11/13/2019. Replies due by 11/20/2019. (Attachments: #1 Declaration Declaration of Chris Vlahopouliotis, #2 Exhibit Exhibit A to Declaration of Chris Vlahopouliotis, #3 Exhibit Exhibit B to Declaration of Chris Vlahopouliotis, #4 Exhibit Exhibit C to Declaration of Chris Vlahopouliotis, #5 Exhibit Exhibit D to Declaration of Chris Vlahopouliotis, #6 Proposed Order Granting Preliminary Injunction)(Niles, Jennifer) (Filed on 10/30/2019)
October 25, 2019 Filing 16 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/8/2019. (ig, COURT STAFF) (Filed on 10/25/2019)
October 23, 2019 Filing 15 CERTIFICATE OF SERVICE by Daylight Foods, Inc. re #6 Summons Issued Emily Mitra (Niles, Jennifer) (Filed on 10/23/2019)
October 23, 2019 Filing 14 CERTIFICATE OF SERVICE by Daylight Foods, Inc. re #6 Summons Issued Anjan Mitra (Niles, Jennifer) (Filed on 10/23/2019)
October 23, 2019 Filing 13 CERTIFICATE OF SERVICE by Daylight Foods, Inc. re #6 Summons Issued ESM, Inc. (Niles, Jennifer) (Filed on 10/23/2019)
October 23, 2019 Filing 12 CERTIFICATE OF SERVICE by Daylight Foods, Inc. re #6 Summons Issued AEM Food & Beverage, Inc. (Niles, Jennifer) (Filed on 10/23/2019)
October 21, 2019 #Electronic filing error. No title Page. Certificates/Proofs of Service e-filed separately and not as an attachment, require a title page. Please refer to Civil Local Rules 3-4 re first page requirement. Please re-file in its entirety. Re: #10 Certificate of Service filed by Daylight Foods, Inc., #11 Certificate of Service filed by Daylight Foods, Inc., #9 Certificate of Service filed by Daylight Foods, Inc., #8 Certificate of Service filed by Daylight Foods, Inc. (jmlS, COURT STAFF) (Filed on 10/21/2019)
October 18, 2019 Filing 11 ***DISREGARD. SEE DOCKET #15 FOR CORRECT DOCUMENT*** CERTIFICATE OF SERVICE by Daylight Foods, Inc. re #6 Summons Issued Emily Mitra (Niles, Jennifer) (Filed on 10/18/2019) Modified on 10/24/2019 (jmlS, COURT STAFF).
October 18, 2019 Filing 10 ***DISREGARD. SEE DOCKET #14 FOR CORRECT DOCUMENT*** CERTIFICATE OF SERVICE by Daylight Foods, Inc. re #6 Summons Issued Anjan Mitra (Niles, Jennifer) (Filed on 10/18/2019) Modified on 10/24/2019 (jmlS, COURT STAFF).
October 18, 2019 Filing 9 ***DISREGARD. SEE DOCKET #13 FOR CORRECT DOCUMENT*** CERTIFICATE OF SERVICE by Daylight Foods, Inc. ESM, Inc. (Niles, Jennifer) (Filed on 10/18/2019) Modified on 10/24/2019 (jmlS, COURT STAFF).
October 18, 2019 Filing 8 ***DISREGARD. SEE DOCKET #12 FOR CORRECT DOCUMENT*** CERTIFICATE OF SERVICE by Daylight Foods, Inc. re #6 Summons Issued AEM Food & Beverage, Inc. (Niles, Jennifer) (Filed on 10/18/2019) Modified on 10/24/2019 (jmlS, COURT STAFF).
October 10, 2019 Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/1/2020. Initial Case Management Conference set for 1/8/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 10/10/2019)
October 10, 2019 Filing 6 Summons Issued as to AEM Food & Beverage, Inc., ESM, Inc., Anjan Mitra, Emily Mitra. (jmlS, COURT STAFF) (Filed on 10/10/2019)
October 9, 2019 Filing 5 Proposed Summons. (Niles, Jennifer) (Filed on 10/9/2019)
October 9, 2019 Filing 4 Civil Cover Sheet by Daylight Foods, Inc. . (Niles, Jennifer) (Filed on 10/9/2019)
October 9, 2019 Filing 3 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/23/2019. (ajsS, COURT STAFF) (Filed on 10/9/2019)
October 9, 2019 #Electronic filing error. Incorrect Revision of Civil Cover Sheet used [err201].Current Revision is JS-CAND 44 (Rev. 07/19). Please complete correct Civil Cover Shee t and e-file an an Amended Civil Cover Sheet only. Event is located at: Other Filings > Other Documents > Civil Cover Sheet. (ajsS, COURT STAFF) (Filed on 10/9/2019)
October 8, 2019 Filing 2 Corporate Disclosure Statement by Daylight Foods, Inc. (Niles, Jennifer) (Filed on 10/8/2019)
October 8, 2019 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-13775951.). Filed byDaylight Foods, Inc.. (Attachments: #1 Exhibit Exhibit 1 PACA License, #2 Exhibit Exhibit 2 Account Statements, #3 Exhibit Exhibit 3 Invoices, #4 Civil Cover Sheet)(Niles, Jennifer) (Filed on 10/8/2019)

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Defendant: AEM Food & Beverage, Inc.
Represented By: Richard John Zuromski, Jr.
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Defendant: ESM, Inc.
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Defendant: Emily Mitra
Represented By: Richard John Zuromski, Jr.
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Defendant: Anjan Mitra
Represented By: Richard John Zuromski, Jr.
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Plaintiff: Daylight Foods, Inc.
Represented By: Jennifer Anne Niles
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