P.J.'s Fruit and Produce, LLC v. Onofrio's Fresh Cut, Inc. et al
| P.J.'s Fruit and Produce, LLC |
| Onofrio's Fresh Cut, Inc. and Richard Onofrio |
| 3:2022cv01021 |
| August 11, 2022 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Murphy, Tatihana) |
Filing 23
ORDER denying as moot #9 Motion for Preliminary Injunction. In light of the #21 Stipulation and the Court's #22 Order, the #9 Motion for Preliminary Injunction is DENIED as moot. Signed by Judge Victor A. Bolden on 8/26/2022. (Castano, Nelson)
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Filing 22
ORDER. The Court GRANTS the stipulation for settlement under the Perishable Agricultural Commodities Act. As stated in the attached order, this order dissolves the Court's August 17, 2022 #11 Order granting Plaintiff's #8 Ex Parte Motion. The August 29, 2022 hearing on Plaintiff's motion for preliminary injunction is also CANCELLED. In light of this stipulation, the Clerk of Court is respectfully directed to administratively close this case. No later than five (5) calendar days after receiving the Settlement Amount, or Judgment Amount, as whichever is Defendants' actual obligation under the Stipulation, Plaintiff, P.J.'s Fruit and Produce, LLC shall file in this Action a Notice of Voluntary Dismissal with Prejudice as to all Defendants.Signed by Judge Victor A. Bolden on 8/26/2022. (Castano, Nelson)
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| Filing 21 STIPULATION re #11 Order on ExParte Motion,, #9 MOTION for Preliminary Injunction , #1 Complaint, for Settlement Under the Perishable Agricultural Commodities Act by P.J.'s Fruit and Produce, LLC. (Attachments: #1 Exhibit 1 - Amortization Chart, #2 Exhibit 2 - Proposed Order)(De Falco, Steven) |
| Filing 20 NOTICE of Appearance by David R. Schaefer on behalf of Richard Onofrio, Onofrio's Fresh Cut, Inc. (Schaefer, David) |
| Filing 19 CERTIFICATE OF SERVICE by P.J.'s Fruit and Produce, LLC re #4 Electronic Filing Order, #6 Electronic Service Documents, #5 Protective Order, #11 Order on ExParte Motion,, #8 EXPARTE MOTION , #9 MOTION for Preliminary Injunction , #3 Order on Pretrial Deadlines (De Falco, Steven) |
| Filing 18 Amended SUMMONS Returned Executed by P.J.'s Fruit and Produce, LLC. Richard Onofrio served on 8/18/2022, answer due 9/9/2022. (De Falco, Steven) |
| Filing 17 Amended SUMMONS Returned Executed by P.J.'s Fruit and Produce, LLC. Onofrio's Fresh Cut, Inc. served on 8/18/2022, answer due 9/9/2022. (De Falco, Steven) |
| Filing 16 SUMMONS Returned Executed by P.J.'s Fruit and Produce, LLC. Richard Onofrio served on 8/19/2022, answer due 9/9/2022. (De Falco, Steven) |
| Filing 15 SUMMONS Returned Executed by P.J.'s Fruit and Produce, LLC. Onofrio's Fresh Cut, Inc. served on 8/19/2022, answer due 9/9/2022. (De Falco, Steven) |
| Filing 14 CERTIFICATE OF GOOD STANDING re #10 MOTION for Attorney(s) Steve De Falco to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7036992) by P.J.'s Fruit and Produce, LLC. (De Falco, Steven) |
| Filing 13 NOTICE of Appearance by Steven M De Falco on behalf of P.J.'s Fruit and Produce, LLC (De Falco, Steven) |
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Filing 12
ORDER granting #10 Motion to Appear Pro Hac Vice for Steve De Falco, Esq. Certificate of Good Standing due by 10/17/2022. Signed by Clerk on 8/18/2022. (Imbriani, Susan)
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| Set/Reset Deadlines as to #9 Motion for Preliminary Injunction .Responses due by August 26, 2022. Zoom Motion Hearing set for August 29, 2022 at 11:00 AM before Judge Victor A. Bolden. Zoom information to follow. Signed by Judge Victor A. Bolden on 8/18/2022. (Castano, Nelson) |
| NOTICE regarding hearing via Zoom: The Motion Hearing scheduled for August 29, 2022 at 11:00 a.m. will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1604323627?pwd=ejd3a0hBMGtIeGkyNjdiaWFWV09DZz09 and call in number is 1-646-828-7666.Meeting ID: 1604323627 Meeting Password: 768724Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Castano, Nelson) |
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Filing 11
ORDER granting #8 Ex Parte Motion. For the reasons described in the attached order, Plaintiff's #8 Ex Parte Motion is GRANTED. A Zoom hearing on Plaintiff's #9 Motion for Preliminary Injunction is set for August 29, 2022 at 11:00 a.m. Zoom information to follow. Defendants, Onofrio's Fresh Cut, Inc. and Richard Onofrio, shall file and serve any response to Plaintiff's Motion for Preliminary Injunction along with any supporting documents, no later than August 26, 2022. Signed by Judge Victor A. Bolden on 8/17/2022. (Castano, Nelson)
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| Filing 10 MOTION for Attorney(s) Steve De Falco to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7036992) by P.J.'s Fruit and Produce, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Moynahan, Timothy) |
| Filing 9 MOTION for Preliminary Injunction by P.J.'s Fruit and Produce, LLC.Responses due by 9/7/2022 (Attachments: #1 Memorandum in Support, #2 Declaration of Plaintiff)(Moynahan, Timothy) |
| Filing 8 EXPARTE MOTION by P.J.'s Fruit and Produce, LLC. (Attachments: #1 Text of Proposed Order, #2 client's declaration, #3 Exhibit exhibit A, #4 Exhibit exhibit B, #5 Exhibit exhibit C, #6 Memorandum in Support, #7 Memorandum in Support, #8 Certification of Counsel, #9 Motion For Preliminary Injunction)(Moynahan, Timothy) |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Richard Onofrio, Onofrio's Fresh Cut, Inc.* with answer to complaint due within *21* days. Attorney *Timothy C. Moynahan* *Moynahan & Minnella, LLC* *141 East Main Street* *Waterbury, CT 06722-2242*. (Imbriani, Susan) |
| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Electronic Filing Order, #5 Protective Order, #2 Corporate Disclosure Statement filed by P.J.'s Fruit and Produce, LLC, #1 Complaint, filed by P.J.'s Fruit and Produce, LLC, #3 Order on Pretrial Deadlines Signed by Clerk on 8/11/2022.(Imbriani, Susan) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 8/11/2022.(Imbriani, Susan)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 8/11/2022.(Imbriani, Susan)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 10/10/2022; Discovery due by 2/10/2023; Dispositive Motions due by 3/17/2023. Signed by Clerk on 8/11/2022.(Imbriani, Susan)
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| Filing 2 Corporate Disclosure Statement by P.J.'s Fruit and Produce, LLC. (Anastasio, F.) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-7030465.), filed by P.J.'S Fruit and Produce,LLC. (Attachments: #1 Civil Complaint, #2 Summons, #3 Summons, #4 Disclosure Statement)(Moynahan, Timothy) |
| Request for Clerk to issue summons as to Richard Onofrio, Onofrio's Fresh Cut, Inc. (Anastasio, F.) |
| Judge Victor A. Bolden added. (Freberg, B) |
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