Comercial Greenvic, S.A. v. Berry People LLC et al
| Comercial Greenvic, S.A. |
| Berry People LLC, J&L Downs LLC, Jerald Downs, Lyndsey Downs and HSBC Bank USA, National Association |
| 5:2023cv03487 |
| July 13, 2023 |
| US District Court for the Northern District of California |
| Virginia K DeMarchi |
| P Casey Pitts |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDER re: Draft Consent Injunction. Signed by Judge P. Casey Pitts on 9/8/2023. (Attachments: #1 [Interim] Consent Injunction Establishing PACA Claims Procedure)(nmc, COURT USER) (Filed on 9/8/2023)
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| Filing 47 Minute Entry and Oral Order for proceedings held before Judge P. Casey Pitts: Motion Hearing re #20 Motion to Establish a PACA Claims Procedure held on 9/7/2023. Argument of counsel heard. Order to issue. Court issues Oral Temporary Restraining Order allowing continued operations of the company until issuance of an injunction or further interim order by the Court. Total Time in Court: 49 min (11:03-11:52 AM). Court Reporter: Irene Rodriguez. Plaintiff Attorney: Craig Stokes. Defendant Attorney: Jason Klinowski, Kathryn Diemer, Daniel Queen, Tyler Ferguson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Date Filed: 9/7/2023) |
| Filing 46 RESPONSE re #39 Order, by Berry People LLC, J&L Downs LLC, Jerald Downs, Lyndsey Downs. (Klinowski, Jason) (Filed on 9/1/2023) |
| Filing 45 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 9/7/2023 at 11:00 AM in San Jose - Videoconference Only before Judge P. Casey Pitts. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the 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 PCPcrd@cand.uscourts.gov no later than September 5, 2023 at 11:00 AM 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 9/1/2023) |
| Filing 44 RESPONSE re #39 Order, by Comercial Greenvic, S.A.. (Stokes, Craig) (Filed on 9/1/2023) |
| Filing 43 RESPONSE TO SUPPLEMENTAL BRIEFING ORDER re #39 Order, by HSBC Bank USA, National Association. (Queen, Daniel) (Filed on 9/1/2023) Modified on 9/5/2023 (kmg, COURT STAFF). |
| Filing 42 ADMINISTRATIVE MOTION to Hold September 7, 2023 Hearing via Zoom Videoconference or Teleconference filed by HSBC Bank USA, National Association. Responses due by 9/5/2023. (Attachments: #1 Stipulation and Proposed Order)(Queen, Daniel) (Filed on 8/31/2023) |
| Filing 41 CLERK'S NOTICE Continuing Initial Case Management Conference. Initial Case Management Conference set for 10/19/2023 is continued to 10/26/2023 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 8/31/2023) |
| Filing 40 Certificate of Interested Entities by HSBC Bank USA, National Association identifying Corporate Parent HSBC Holdings plc, Corporate Parent HSBC USA Inc., Corporate Parent HSBC North America Holdings Inc. for HSBC Bank USA, National Association. (Queen, Daniel) (Filed on 8/30/2023) |
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Filing 39
SUPPLEMENTAL BRIEFING ORDER re #37 Notice (Other) filed by Comercial Greenvic, S.A., #20 MOTION Entry of Order Establishing a PACA Claims Procedure, Unopposed filed by Comercial Greenvic, S.A. Supplemental briefs due by 9/01/2023. Signed by Judge P. Casey Pitts on 8/25/2023. (nmc, COURT USER) (Filed on 8/25/2023)
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| Filing 38 Statement of Non-Opposition re #37 Notice (Other) filed byHSBC Bank USA, National Association. (Attachments: #1 Exhibit A - Redline of Proposed Orders)(Related document(s) #37 ) (Queen, Daniel) (Filed on 8/23/2023) |
| Filing 37 NOTICE by Comercial Greenvic, S.A. Notice of Filing Proposed Order (Attachments: #1 Proposed PACA Claims Procedure Order)(Stokes, Craig) (Filed on 8/23/2023) |
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Filing 36
ORDER by Judge P. Casey Pitts granting #34 Motion for Pro Hac Vice. (nmc, COURT USER) (Filed on 8/22/2023)
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Filing 35
ORDER by Judge P. Casey Pitts granting #33 Motion for Pro Hac Vice. (nmc, COURT USER) (Filed on 8/22/2023)
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| Filing 34 MOTION for leave to appear in Pro Hac Vice - Tyler R. Ferguson ( Filing fee $ 317, receipt number ACANDC-18559249.) filed by HSBC Bank USA, National Association. (Ferguson, Tyler) (Filed on 8/18/2023) |
| Filing 33 MOTION for leave to appear in Pro Hac Vice - Matthew V. Wargin ( Filing fee $ 317, receipt number ACANDC-18559150.) filed by HSBC Bank USA, National Association. (Wargin, Matthew) (Filed on 8/18/2023) |
| Filing 32 CLERK'S NOTICE Advancing Motion Hearing and Setting Briefing Schedule. Motion Hearing re #20 Motion for Entry of Order Establishing a PACA Claims Procedure set for 9/14/2023 is ADVANCED to 9/7/2023 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. Opposition due by 8/23/2023. Reply due by 8/30/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Filed on 8/16/2023) |
| Filing 31 STIPULATION WITH PROPOSED ORDER re #20 MOTION Entry of Order Establishing a PACA Claims Procedure, Unopposed filed by HSBC Bank USA, National Association. (Attachments: #1 Declaration of Daniel D. Queen)(Queen, Daniel) (Filed on 8/16/2023) |
| Filing 30 CLERKS NOTICE RESETTING HEARINGS FOLLOWING REASSIGNMENT. Motion Hearing re #20 Motion re PACA Claims Procedure set for 9/14/2023 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. Initial Case Management Conference set for 10/19/2023 01:00 PM in San Jose, Courtroom 8, 4th Floor. Joint Case Management Statement due by 10/5/2023. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at #https://www.cand.uscourts.gov/judges/pitts-p-casey-pcp/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Filed on 8/15/2023) |
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Filing 29
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge P. Casey Pitts and for all further proceedings. 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 Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 8/9/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 8/9/2023)
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Filing 28
ORDER for Reassignment to a District Judge. Signed by Magistrate Judge Virginia K. DeMarchi on 8/8/2023. (vkdlc1, COURT STAFF) (Filed on 8/8/2023)
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| Filing 27 Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Status Conference held on 8/8/2023 via Zoom.The Court ordered the case to be reassigned and will issue the order.Plaintiff Attorney: Craig Stokes. Defendants' Attorney: Jason Klinowski, Kathryn Diemer.Defendant HSBC Bank USA, NA Attorney: Daniel Queen, Tyler Ferguson. No Court Reporter. Digital Recording Zoom Webinar:1:30-1:55p.m. Total time: 25 Minutes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amk, COURT STAFF) (Date Filed: 8/8/2023) Modified text on 8/8/2023 (amk, COURT STAFF). |
| Filing 26 STIPULATION to Extend Defendant HSBC Bank USA, N.A.'s Time to Respond to the Complaint filed by HSBC Bank USA, National Association. (Queen, Daniel) (Filed on 8/7/2023) |
| Filing 25 CLERKS NOTICE SETTING ZOOM HEARING AND NOTICE OF REQUIRED REGISTRATION. A Status Conference is set for 8/8/2023 at 01:30 PM via Zoom Videoconference, San Jose, before Judge Virginia K. DeMarchi. 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/vkd Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails specifying main speaker(s) must be sent to the CRD at VKDcrd@cand.uscourts.gov no later than 8/7/2023 at 10:00 AM 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amk, COURT STAFF) (Filed on 8/4/2023) |
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Filing 24
ORDER Setting Status Conference re Dkt. No. #20 on 8/8/2023 at 01:30 PM via Zoom Videoconference. Signed by Magistrate Judge Virginia K. DeMarchi on 8/4/2023. (vkdlc1, COURT STAFF) (Filed on 8/4/2023)
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Filing 23
ORDER Granting #22 Application for Admission of Attorney Pro Hac Vice for Jason R. Klinowski, Counsel for Defendants Berry People LLC, J&L Downs LLC, Jerald Downs, Lyndsey Downs. Signed by Judge Virginia K. DeMarchi on 8/2/2023. (amk, COURT STAFF) (Filed on 8/2/2023)
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| Filing 22 MOTION for leave to appear in Pro Hac Vice for Jason R. Klinowski ( Filing fee $ 317, receipt number ACANDC-18505803.) filed by Berry People LLC, J&L Downs LLC, Jerald Downs, Lyndsey Downs. (Attachments: #1 Supplement Attachment to Application to Pro Hac Vice, #2 Supplement Certificate of Good Standing)(Klinowski, Jason) (Filed on 8/2/2023) |
| Filing 21 Declaration of Jerald Downs in Support of #20 MOTION Entry of Order Establishing a PACA Claims Procedure, Unopposed filed byComercial Greenvic, S.A.. (Related document(s) #20 ) (Stokes, Craig) (Filed on 8/2/2023) |
| Filing 20 MOTION Entry of Order Establishing a PACA Claims Procedure, Unopposed filed by Comercial Greenvic, S.A.. Motion Hearing set for 9/5/2023 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 8/16/2023. Replies due by 8/23/2023. (Attachments: #1 Exhibit A - PACA Proof of Claim Form, #2 Proposed Order [Interim] Consent Injunction an Agreed Order Establishing PACA Claims Procedure)(Stokes, Craig) (Filed on 8/2/2023) |
| Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lyndsey Downs.. (Diemer, Kathryn) (Filed on 8/1/2023) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jerald Downs.. (Diemer, Kathryn) (Filed on 8/1/2023) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J&L Downs LLC.. (Diemer, Kathryn) (Filed on 8/1/2023) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Berry People LLC.. (Diemer, Kathryn) (Filed on 8/1/2023) |
| Filing 15 CLERK'S NOTICE Re: Consent or Declination: 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 8/15/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amk, COURT STAFF) (Filed on 8/1/2023) |
| Filing 14 ASSOCIATION of Counsel by Berry People LLC, J&L Downs LLC, Jerald Downs, Lyndsey Downs. (Diemer, Kathryn) (Filed on 7/31/2023) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Comercial Greenvic, S.A.. Service waived by Lyndsey Downs waiver sent on 7/13/2023, answer due 9/11/2023. (Stokes, Craig) (Filed on 7/28/2023) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Comercial Greenvic, S.A.. Service waived by Jerald Downs waiver sent on 7/13/2023, answer due 9/11/2023. (Stokes, Craig) (Filed on 7/28/2023) |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by Comercial Greenvic, S.A.. Service waived by J&L Downs LLC waiver sent on 7/13/2023, answer due 9/11/2023. (Stokes, Craig) (Filed on 7/28/2023) |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Comercial Greenvic, S.A.. Service waived by Berry People LLC waiver sent on 7/13/2023, answer due 9/11/2023. (Stokes, Craig) (Filed on 7/28/2023) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Comercial Greenvic, S.A... (Stokes, Craig) (Filed on 7/27/2023) |
| Filing 8 SUMMONS Returned Executed by Comercial Greenvic, S.A.. HSBC Bank USA, National Association served on 7/17/2021, answer due 8/7/2021. (Stokes, Craig) (Filed on 7/21/2023) |
| Filing 7 Summons Issued as to Berry People LLC. (lsk, COURT STAFF) (Filed on 7/13/2023) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/10/2023. Initial Case Management Conference set for 10/17/2023 01:30 PM in San Jose, Courtroom 2, 5th Floor. (lsk, COURT STAFF) (Filed on 7/13/2023) |
| Filing 5 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/27/2023. (as, COURT STAFF) (Filed on 7/13/2023) |
| Filing 4 COMPLAINT against Berry People LLC, HSBC Bank USA, National Association, J&L Downs LLC, Jerald Downs, Lyndsey Downs. Filed byComercial Greenvic, S.A.. (Stokes, Craig) (Filed on 7/13/2023) |
| Filing 3 Rule 7.1 Disclosures by Comercial Greenvic, S.A. (Stokes, Craig) (Filed on 7/13/2023) |
| Filing 2 Proposed Summons. (Stokes, Craig) (Filed on 7/13/2023) |
| Filing 1 COMPLAINT against Berry People LLC, HSBC Bank USA, National Association, J&L Downs LLC, Jerald Downs, Lyndsey Downs ( Filing fee $ 402, receipt number ACANDC-18445657.). Filed byComercial Greenvic, S.A.. (Attachments: #1 Exhibit A - Factoring Agreement, #2 Civil Cover Sheet)(Stokes, Craig) (Filed on 7/13/2023) |
| Face page of complaint not downloaded to docket, please refile. #Electronic filing error. This filing will not be processed by the clerks office. Re: #1 Complaint, filed by Comercial Greenvic, S.A. (as, COURT STAFF) (Filed on 7/13/2023) |
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