Healthy Harvest Berries, Inc. v. Health America Fresh Foods, Inc. et al
| Healthy Harvest Berries, Inc. |
| Health America Fresh Foods, Inc. and Vince C Frantangelo |
| 5:2015cv03663 |
| August 11, 2015 |
| US District Court for the Northern District of California |
| San Jose Office |
| Monterey |
| Edward J Davila |
| Howard R Lloyd |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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This docket was last retrieved on February 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 38 CERTIFICATE OF SERVICE by Healthy Harvest Berries, Inc. (Vogele, Thomas) (Filed on 2/2/2022) |
| Filing 37 Renewal of Judgment Issued in the amount of $139,580.46 (cv, COURT STAFF) (Filed on 1/13/2022) |
| Filing 36 APPLICATION for and Renewal of Judgment by Healthy Harvest Berries, Inc.. (Attachments: #1 Notice of Renewal of Judgment)(Vogele, Thomas) (Filed on 1/13/2022) Modified text on 1/13/2022, to conform with document posted by counsel. (cv, COURT STAFF). |
| #Electronic filing error. This filing will not be processed by the clerks office. Re: #35 APPLICATION for and Renewal of Judgment filed by Healthy Harvest Berries, Inc. Notice of Renewal of Judgment form was not submitted for Clerk's signature. (dhm, COURT STAFF) (Filed on 11/1/2021) |
| #Electronic filing error. This filing will not be processed by the clerks office. Re: #35 Satisfaction of Judgment filed by Healthy Harvest Berries, Inc. *** EJ-195 Notice of r enewal Judgment FORM WAS not submitted clerk signature page*** (cv, COURT STAFF) (Filed on 11/1/2021) |
| Filing 35 APPLICATION for and Renewal of Judgment by Healthy Harvest Berries, Inc.. (Vogele, Thomas) (Filed on 10/29/2021) Modified text on 10/29/2021 (dhm, COURT STAFF). |
| Filing 34 Remark - Abstract Issued against Health America Fresh Foods, Inc., and Vince C. Fratangelo in the amount of $149,623.66. pursuant to #24 and #32 (cv, COURT STAFF) (Filed on 5/1/2017) |
| Filing 33 Proposed Abstract of Judgment re #32 Judgment, #31 Order on Motion for Default Judgment,, Order on Report and Recommendations, by Healthy Harvest Berries, Inc.. (cv, COURT STAFF) (Filed on 5/1/2017) |
| Filing 32 JUDGMENT. That judgment is entered in favor of Plaintiff Healthy Harvest Berries, Inc. and against Defendants Health America Fresh Foods, Inc. and Vince C. Fratangelo a/k/a Chip Fratangelo in amounts consistent with the Report and Recommendation filed on April 22, 2016 (Dkt. No. #24 ). Signed by Judge Edward J. Davila on 7/1/2016. (ejdlc1S, COURT STAFF) (Filed on 7/1/2016) Modified on 11/1/2021 (cv, COURT STAFF). |
Filing 31
ORDER ORDER DISSOLVING STAY; ADOPTING #24 REPORT AND RECOMMENDATION; GRANTING #18 PLAINTIFFS MOTION FOR DEFAULT JUDGMENT. The Status Conference scheduled for 7/7/2016 is VACATED. Judgment will be entered in favor of Plaintiff. The Clerk shall close this file. Signed by Judge Edward J. Davila on 7/1/2016. (ejdlc1S, COURT STAFF) (Filed on 7/1/2016)
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| Filing 30 STATUS REPORT by Healthy Harvest Berries, Inc.. (Attachments: #1*** ERROR *** incorrect case number Certificate/Proof of Service)(Loper, Brendan) (Filed on 6/30/2016) Modified on 6/30/2016 (cv, COURT STAFF). |
| Filing 29 NOTICE by Healthy Harvest Berries, Inc. of Order Granting Relief from Stay and Request to Proceed to Judgment (Attachments: #1 Certificate/Proof of Service)(Loper, Brendan) (Filed on 6/30/2016) |
| Set Deadlines/Hearings re #28 Order: Status Conference Statement due by 6/30/2016. Status Conference set for 7/7/2016 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 5/18/2016) |
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Filing 28
ORDER STAYING CASE IN PART; SCHEDULING STATUS CONFERENCE. The court schedules this action for a Status Conference at 10:00 a.m. on 7/7/2016. On or before 6/30/2016, Plaintiff shall file a Status Conference Statement which provides, inter alia, an update as to Fratangelo's bankruptcy proceeding. A decision addressing Magistrate Judge Howard R. Lloyd's report and recommendation concerning Plaintiff's Motion for Default Judgment will be held in abeyance at this time. Signed by Judge Edward J. Davila on 5/17/2016. (ejdlc1S, COURT STAFF) (Filed on 5/17/2016)
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Filing 27
ORDER REASSIGNING CASE. Case reassigned to Hon. Edward J. Davila for all further proceedings. Magistrate Judge Howard R. Lloyd remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 4/25/2016. (bwS, COURT STAFF) (Filed on 4/25/2016)
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| Filing 26 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (pmc, COURT STAFF) (Filed on 4/25/2016) |
| Filing 25 NOTICE by Healthy Harvest Berries, Inc. of Stay of Proceedings as to Defendant Vincent C. Fratangelo (Loper, Brendan) (Filed on 4/22/2016) |
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Filing 24
Order Reassigning Case. Report and Recommendation re #18 Motion for Default Judgment. The Judgment is in favor of Healthy Harvest and against Fresh Foods and Fratangelo for: (1) $125,194.46 in damages; (2) prejudgment interest in the amount of $4.09 plus the additional interest that has accrued on the damages at an annual rate of 0.12% since June 6, 2012; (3) $6,290 in reasonable fees and costs awarded by the USDA as part of its reparation award; and (4) $17,400 in attorney fees reasonably incurred in this enforcement suit. The clerk has mailed copies of this report and recommendation to Health America Fresh Foods, Inc. and Vincent Fratangelo at 820 Park Row #587, Salinas, CA 93901. Signed by Magistrate Judge Howard R. Lloyd on 4/22/16. (hrllc1S, COURT STAFF) (Filed on 4/22/2016) Modified on 11/1/2021 (cv, COURT STAFF). Modified on 1/13/2022 (cv, COURT STAFF).
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| Filing 23 Declaration of MICHAEL J HARRINGTON in Support of 21 Motion Hearing,, #18 MOTION for Default Judgment by the Court as to defendants Health America Fresh Foods, Inc. and Vince C. Fratangelo a/k/a Chip Fratangelo AND PROOF OF SERVICE filed byHealthy Harvest Berries, Inc.. (Related document(s) 21 , #18 ) (Vogele, Thomas) (Filed on 2/5/2016) |
| Filing 22 Declaration of THOMAS A VOGELE in Support of 21 Motion Hearing,, #18 MOTION for Default Judgment by the Court as to defendants Health America Fresh Foods, Inc. and Vince C. Fratangelo a/k/a Chip Fratangelo AND PROOF OF SERVICE filed byHealthy Harvest Berries, Inc.. (Related document(s) 21 , #18 ) (Vogele, Thomas) (Filed on 2/5/2016) |
| Filing 21 Minute Entry for proceedings held before Magistrate Judge Howard R. Lloyd: Motion Hearing held on 2/2/2016. re #18 MOTION for Default Judgment by the Court as to defendants Health America Fresh Foods, Inc. and Vince C. Fratangelo a/k/a Chip Fratangelo. Hearing held. Matter will be taken under submission after receipt of supplemental declarations by plaintiff counsel. Court to issue written ruling.FTR Time FTR 10:32-10:38. Plaintiff Attorney Brendan Loper, via telephone. This is a text only Minute Entry (pmc, COURT STAFF) (Date Filed: 2/2/2016) |
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Filing 20
Order by Magistrate Judge Howard R. Lloyd granting #19 Motion to Appear by Telephone. (hrllc1, COURT STAFF) (Filed on 1/20/2016)
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| Filing 19 MOTION to Appear by Telephone for February 2, 2016 Hearing on Motion for Default Judgment; Proposed Order filed by Healthy Harvest Berries, Inc.. (Attachments: #1 Certificate/Proof of Service)(Loper, Brendan) (Filed on 1/15/2016) |
| Filing 18 MOTION for Default Judgment by the Court as to defendants Health America Fresh Foods, Inc. and Vince C. Fratangelo a/k/a Chip Fratangelo filed by Healthy Harvest Berries, Inc.. Motion Hearing set for 2/2/2016 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Responses due by 1/5/2016. Replies due by 1/12/2016. (Attachments: #1 Exhibits 1-2, #2 Exhibits 3-10, #3 Proposed Judgment, #4 Certificate/Proof of Service)(Loper, Brendan) (Filed on 12/22/2015) |
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Filing 17
Order vacating status conference and setting deadline to file motion for entry of default judgment. Signed by Magistrate Judge Howard R. Lloyd. (hrllc1, COURT STAFF) (Filed on 12/7/2015)
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| Filing 16 MOTION to Appear by Telephone filed by Healthy Harvest Berries, Inc.. (Attachments: #1 Certificate/Proof of Service)(Loper, Brendan) (Filed on 12/4/2015) |
| Filing 15 Clerk's Notice of ENTRY OF DEFAULT (Attachments: #1 Default Entered) (Related documents(s) #10 )(dhmS, COURT STAFF) (Filed on 12/1/2015) |
| Filing 14 Clerk's notice: The case management conference set for 11/10/2015 is vacated due to the pending motion for an entry of default. A status conference is now set for 12/15/2015 at 1:30 PM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Plaintiff is reminded that a request to appear at a CMC by phone must be submitted at least one week in advance. Civ. L.R. 16-10.(a). (hrllc1, COURT STAFF) (Filed on 11/9/2015) |
| Electronic filing error. Incorrect event used. [err101] Re: #13 Notice (Other) filed by Healthy Harvest Berries, Inc. Telephonic appearances are permitted for Case Management Conferences with prior written approval. The requesting party is directed to file an administrate motion to appear telephonically for EACH hearing. (dhmS, COURT STAFF) (Filed on 11/5/2015) |
| Filing 13 NOTICE by Healthy Harvest Berries, Inc. re #12 Case Management Statement, #5 Initial Case Management Scheduling Order with ADR Deadlines (Attachments: #1 Certificate/Proof of Service)(Vogele, Thomas) (Filed on 11/4/2015) |
| Filing 12 CASE MANAGEMENT STATEMENT filed by Healthy Harvest Berries, Inc.. (Attachments: #1 Certificate/Proof of Service)(Loper, Brendan) (Filed on 11/2/2015) |
| Filing 11 Certificate of Interested Entities by Healthy Harvest Berries, Inc. identifying Corporate Parent Abel Gonzalez, Corporate Parent Alvaro Gonzalez for Healthy Harvest Berries, Inc.. (Attachments: #1 Certificate/Proof of Service)(Loper, Brendan) (Filed on 11/2/2015) |
| Filing 10 MOTION for Entry of Default AGAINST DEFENDANTS HEALTH AMERICA FRESH FOODS, INC. AND VINCE C. FRATANGELO filed by Healthy Harvest Berries, Inc.. (Attachments: #1 Certificate/Proof of Service)(Loper, Brendan) (Filed on 10/5/2015) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Healthy Harvest Berries, Inc... (Attachments: #1 Certificate/Proof of Service)(Vogele, Thomas) (Filed on 9/28/2015) |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by October 8, 2015. The forms are available at: http://cand.uscourts.gov/civilforms. (pmc, COURT STAFF) (Filed on 9/24/2015) |
| Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #7 Certificate of Service, filed by Healthy Harvest Berries, Inc. (dhmS, COURT STAFF) (Filed on 9/1/2015) |
| Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #6 Certificate of Service, filed by Healthy Harvest Berries, Inc. (dhmS, COURT STAFF) (Filed on 9/1/2015) |
| Filing 7 SUMMONS Returned Executed by Healthy Harvest Berries, Inc.. Vince C Frantangelo served on 8/24/2015, answer due 9/14/2015. CERTIFICATE OF SERVICE by Healthy Harvest Berries, Inc. re #1 Complaint, #5 Initial Case Management Scheduling Order with ADR Deadlines, #4 Summons Issued (Vogele, Thomas) (Filed on 8/31/2015) Modified on 9/1/2015 incorrect event selected when posting document (dhmS, COURT STAFF). |
| Filing 6 SUMMONS Returned Executed by Healthy Harvest Berries, Inc.. Health America Fresh Foods served on 8/24/2015, answer due 9/14/2015. CERTIFICATE OF SERVICE by Healthy Harvest Berries, Inc. re #1 Complaint, #5 Initial Case Management Scheduling Order with ADR Deadlines, #3 Summons Issued (Vogele, Thomas) (Filed on 8/31/2015) Modified on 9/1/2015 incorrect event selected when posting document (dhmS, COURT STAFF). |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/3/2015. Case Management Conference set for 11/10/2015 01:30 PM in Courtroom 2, 5th Floor, San Jose. (dhmS, COURT STAFF) (Filed on 8/12/2015) |
| Filing 4 Summons Issued as to Vince C Frantangelo. (dhmS, COURT STAFF) (Filed on 8/12/2015) |
| Filing 3 Summons Issued as to Health America Fresh Foods, Inc.. (dhmS, COURT STAFF) (Filed on 8/12/2015) |
| Electronic filing error. Re: #1 Complaint, filed by Healthy Harvest Berries, Inc. Proposed Summons should have been submitted as a separate docket entry from the initiating documents. No further action is necessary. (dhmS, COURT STAFF) (Filed on 8/12/2015) |
| Filing 2 Case assigned to Magistrate Judge Howard R. Lloyd. 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. (bwS, COURT STAFF) (Filed on 8/11/2015) |
| Filing 1 COMPLAINT FOR DAMAGES FOR UNFAIR CONDUCT UNDER 7 U.S.C. 499b, BREACH OF FIDUCIARY DUTY UNDER 7 U.S.C. 499e, AND TO ENFORCE A REPARATIONS ORDER UNDER 7 U.S.C. 499g against All Defendants ( Filing fee $ 400, receipt number 0971-9748998.). Filed byHEALTHY HARVEST BERRIES, INC.. (Attachments: #1 Civil Cover Sheet, #2 Summons Health America, #3 Summons Fratangelo)(Vogele, Thomas) (Filed on 8/11/2015) |
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