A and A Produce, Inc. v. Cupertino Market, Inc., et al
| A and A Produce, Inc., a California corporation and A and A Produce, Inc. |
| Cupertino Market, Inc., a California corporation, Felipe Diaz Ayala and Cupertino Market, Inc. |
| Antonio Gomez and Christopher Spagnoli |
| 5:2021cv09987 |
| December 23, 2021 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Susan van Keulen |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| Defendant |
Docket Report
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This docket was last retrieved on February 1, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 Summons Issued as to Antonio Gomez. (kmg, COURT STAFF) (Filed on 2/1/2022) |
| Filing 31 Proposed Summons. (Miclean, David) (Filed on 1/31/2022) |
| Filing 30 DEFENDANTS ANSWER to Complaint with Jury Demand , First COUNTERCLAIM against A and A Produce, Inc., Antonio Gomez, Christopher Spagnoli byFelipe Diaz Ayala, Cupertino Market, Inc.. (Miclean, David) (Filed on 1/31/2022) Modified on 2/1/2022 (kmg, COURT STAFF). |
| Filing 29 CLERK'S NOTICE VACATING STATUS CONFERENCE on January 20, 2022 before the Honorable Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.). Status Conference set for 3/3/2022 at 10:00 AM in San Jose - Video conference Only before Judge Edward J. Davila. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ejd Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or wi ll be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at ejdcrd@cand.uscourts.gov no later than March 1, 2022 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Status Conference set for 3/3/2022 10:00 AM in San Jose, - Videoconference Only before Judge Edward J. Davila. (ls, COURT STAFF) (Filed on 1 /19/2022) |
| Filing 28 CLERK'S NOTICE RE-SETTING ZOOM SETTLEMENT CONFERENCE FROM 2/10/22 TO 2/24/22.Settlement Conference set for 2/24/22 09:30 AM before Magistrate Judge Susan van Keulen. This proceeding will be held via Zoom.Counsel/parties emailed Judge van Keulen's Recurring Zoom Meeting Link.Settlement conference statements are due by 2/17/22.The parties shall familiarize themselves with Judge van Keulen's Standing Order re: Settlement Conference Procedures at http://www.cand.uscourts.gov/svkorders.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 1/13/2022) |
| Filing 27 CLERK'S NOTICE SETTING OF PRE-SETTLEMENT CONFERENCE CALL VIA AT&T.Pre-Settlement Conference Call set for 2/22/22 at 11:30AM before Magistrate Judge Susan van Keulen.Settlement conference statements are due 2/17/22.Counsel/parties emailed Judge van Keulen's AT&T Conference Call information.The parties shall familiarize themselves with Judge van Keulen's Standing Order re: Settlement Conference Procedures at http://www.cand.uscourts.gov/svkorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 1/13/2022) |
| Filing 26 Minute Entry for proceedings held before Judge Edward J. Davila: Motion Hearing held by Zoom on 1/13/2022 - Re (14 in 5:21-cv-09986-EJD) Motion for Temporary Restraining Order; Re (13 in 5:21-cv-09985-EJD) Ex Parte Motion for Temporary Restraining Order; Re (14 in 5:21-cv-09985-EJD) Motion for Preliminary Injunction; Re (13 in 5:21-cv-09987-EJD) Motion for Temporary Restraining Order; Re (15 in 5:21-cv-09986-EJD) Motion for Preliminary Injunction. Case referred to Magistrate Judge Susan van Keulan for a Settlment Conference to take place on February 10, 2022 at 9:30 a.m. (Total Time in Court: 43 Minutes) Court Reporter: Irene Rodriguez. Plaintiff Attorney: Steven Elwyn Nurenberg. Defendant Attorney: David James Miclean. Status Conference set for 1/20/2022 at 9:00 AM in San Jose - Video conference Only before Judge Edward J. Davila. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ejd Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by t he court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at ejdcrd@cand.uscourts.gov no later than January 18, 2022 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Status Conference set for 1/20/2022 09:00 AM in San Jose, - Videoconference Only before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Date Filed: 1/13/2022) |
| Filing 25 REPLY (re #14 MOTION for Preliminary Injunction , #13 MOTION for Temporary Restraining Order ) filed byA and A Produce, Inc.. (Attachments: #1 Exhibit 1 - Email Notice)(Nurenberg, Steven) (Filed on 1/12/2022) |
Filing 24
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE re #22 Order on Motion for Pro Hac Vice for attorney Steven E. Nurenberg. Signed by Judge Edward J. Davila on 1/11/2022. (tl, COURT STAFF) (Filed on 1/11/2022)
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| Filing 23 OPPOSITION/RESPONSE (re #14 MOTION for Preliminary Injunction ) filed byFelipe Diaz Ayala, Cupertino Market, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Miclean, David) (Filed on 1/11/2022) |
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Filing 22
***FILED IN ERROR. PLEASE SEE DOCKET #24 *** ORDER by Judge Edward J. Davila granting #20 Motion for Pro Hac Vice for attorney Steven E. Nurenberg.(tl, COURT STAFF) (Filed on 1/11/2022) Modified on 1/11/2022 (tl, COURT STAFF).
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| Filing 21 CLERK'S NOTICE CONVERTING MOTION(S) HEARING(S) SCHEDULED ON JANUARY 13, 2022 AT 9:00 AM TO A ZOOM WEBINAR. As to (14 in 5:21-cv-09985-EJD) MOTION for Preliminary Injunction , (14 in 5:21-cv-09986-EJD) MOTION for Temporary Restraining Order , (15 in 5:21-cv-09986-EJD) MOTION for Preliminary Injunction , (14 in 5:21-cv-09987-EJD) MOTION for Preliminary Injunction , (13 in 5:21-cv-09987-EJD) MOTION for Temporary Restraining Order . Motion Hearing(s) set for 1/13/2022 at 09:00 AM in San Jose, - Videoconference Only before Judge Edward J. Davila. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ejd General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded t hat photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 1/13/2022 09:00 AM in San Jose, - Videoconference Only before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 1/10/2022) |
| Filing 20 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16788576.) filed by A and A Produce, Inc.. (Attachments: #1 Certificate of Good Standing-Florida)(Nurenberg, Steven) (Filed on 1/10/2022) |
| Filing 19 SUMMONS Returned Executed by A and A Produce, Inc.. Felipe Diaz Ayala served on 1/8/2022, answer due 1/31/2022. Also See other docs served as noted on return. (Meuers, Lawrence) (Filed on 1/10/2022) |
| Filing 18 SUMMONS Returned Executed by A and A Produce, Inc.. Cupertino Market, Inc. served on 1/8/2022, answer due 1/31/2022. Also See other docs served as noted on return. (Meuers, Lawrence) (Filed on 1/10/2022) |
| Filing 17 CLERK'S NOTICE SETTING MOTION HEARINGS as to #14 MOTION for Preliminary Injunction , #13 MOTION for Temporary Restraining Order . Motion Hearings set for 1/13/2022 09:00 AM in San Jose, - Videoconference Only before Judge Edward J. Davila. Response to Motion for Temporary Restraining Order due 1/10/2022. Reply to Response to Motion for Temporary Restraining Order due 1/11/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 1/7/2022) |
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Filing 16
ORDER Setting Briefing Schedule and Hearing Date for Application for TRO. Signed by Judge Edward J. Davila on 1/6/2022. (ejdlc3, COURT STAFF) (Filed on 1/6/2022)
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Filing 15
ORDER RELATING CASE to No. 21-cv-9985 EJD. Signed by Judge Edward J. Davila on 1/6/2022. (ejdlc3, COURT STAFF) (Filed on 1/6/2022)
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| Filing 14 MOTION for Preliminary Injunction filed by A and A Produce, Inc.. Responses due by 1/20/2022. Replies due by 1/27/2022. (Attachments: #1 Exhibit 1 - Memo in Support, #2 Exhibit 2 - Declaration in Support)(Meuers, Lawrence) (Filed on 1/6/2022) |
| Filing 13 MOTION for Temporary Restraining Order filed by A and A Produce, Inc.. (Attachments: #1 Exhibit 1 - Memorandum in Support, #2 Exhibit 2 - Declaration in Support, #3 Exhibit 3 - Copy of Complaint, #4 Proposed Order)(Meuers, Lawrence) (Filed on 1/6/2022) |
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Filing 12
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 4/7/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 3/31/2022. Signed by Judge James Donato on 1/3/2022. (lrc, COURT STAFF) (Filed on 1/3/2022)
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| Filing 11 NOTICE by A and A Produce, Inc. of Pendency of Other Action or Proceeding (Meuers, Lawrence) (Filed on 12/29/2021) |
| Filing 10 Case reassigned to Judge James Donato. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 12/28/2021) |
| Filing 9 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bw, COURT STAFF) (Filed on 12/28/2021) |
| Filing 8 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 12/27/2021) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by A and A Produce, Inc... (Meuers, Lawrence) (Filed on 12/27/2021) |
| Filing 6 Summons Issued as to Felipe Diaz Ayala, Cupertino Market, Inc.. (gba, COURT STAFF) (Filed on 12/27/2021) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/16/2022. Initial Case Management Conference set for 3/23/2022 10:00 AM in San Jose, Courtroom 5, 4th Floor. (gba, COURT STAFF) (Filed on 12/27/2021) |
| Filing 4 Case assigned to Magistrate Judge Nathanael M. Cousins. 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 1/10/2022. (jlg, COURT STAFF) (Filed on 12/27/2021) |
| Filing 3 Corporate Disclosure Statement by A and A Produce, Inc., a California corporation (Meuers, Lawrence) (Filed on 12/23/2021) |
| Filing 2 Proposed Summons. (Meuers, Lawrence) (Filed on 12/23/2021) |
| Filing 1 COMPLAINT for Violation of the Perishable Agricultural Commodities Act against Cupertino Market, Inc., Felipe Diaz Ayala (Filing fee $ 402.00, receipt number ACANDC-16750041.). Filed by A and A Produce, Inc., a California corporation. (Attachments: #1 Civil Cover Sheet) (Meuers, Lawrence) (Filed on 12/23/2021) Modified on 12/27/2021 (gba, COURT STAFF). |
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