Farm Fresh First, LLC v. Cheribundi, Inc. et al
Plaintiff: Farm Fresh First, LLC
Defendant: Cheribundi, Inc., New American Consumer Fund, L.P., Emil Capital Partners, LLC, ECP Acquisition Capital, L.P., Steven Michael Pear, John Ronald Hagan, Jr., Marcel Anand Bens and Mike Hagan
Case Number: 3:2023cv00281
Filed: March 2, 2023
Court: US District Court for the District of Connecticut
Presiding Judge: Robert A Richardson
Referring Judge: Omar A Williams
Nature of Suit: Agriculture Acts
Cause of Action: 07 U.S.C. § 499 Agricultural Commodities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 13, 2023 Opinion or Order Filing 24 ORDER. The Clerk of Court hereby is directed to close this case in accordance with the recent dismissal of Plaintiff's claims, ECF Nos. 21, 23. Further, the pending Motion for Admission Pro Hac Vice, ECF No. 3, and Motion for Preliminary Injunction, ECF No. 5, hereby are denied as moot. It is so ordered.Signed by Judge Omar A. Williams on 03/13/23. (Codeanne, K.)
March 13, 2023 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 (Velez, F.)
March 10, 2023 Opinion or Order Filing 23 ORDER granting Consent Motion for an Expedited Order, ECF No. 22, and dismissing the above-captioned action against all Defendants, with prejudice, without costs, and on the merits pursuant to the Notice of Voluntary Dismissal With Prejudice, ECF No. 21, and Federal Rule of Civil Procedure 41(a)(1). This Court's Temporary Restraining Order and Order to Show Cause dated March 6, 2023, ECF No. 19 (the "TRO"), hereby is dissolved and JP Morgan Chase Bank, N.A., hereby is authorized and directed to release any accounts restrained by virtue of the TRO. It is so ordered.Signed by Judge Omar A. Williams on 03/10/23. (Codeanne, K.)
March 10, 2023 Filing 22 Consent MOTION for Expedited Order by Farm Fresh First, LLC. (Smith, Kevin)
March 10, 2023 Filing 21 NOTICE of Voluntary Dismissal of Case by Farm Fresh First, LLC (Smith, Kevin)
March 6, 2023 Filing 20 NOTICE OF HEARING - ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 3/15/2023 at 10:00 AM in the North Courtroom, 450 Main St., Hartford, CT before Judge Omar A. Williams. (Velez, F.)
March 6, 2023 Set Deadline as to #5 Emergency MOTION for Preliminary Injunction. Response due by 3/13/2023. (Velez, F.)
March 6, 2023 Opinion or Order Filing 19 ORDER granting Ex Parte Motion for Temporary Restraining Order, ECF No. 4, pursuant to Federal Rule of Civil Procedure 65(b), and for the reasons stated in the attached Order. The court further orders Defendants to show cause why a preliminary injunction should not issue and hereby sets a hearing on the Motion for a Preliminary Injunction, ECF No. 5, for March 15, 2023, at 10 AM, in the North Courtroom, 450 Main Street, Hartford, Connecticut. Defendants' opposition to said Motion is due on or before March 13, 2023, and the parties shall comply with the additional deadlines set forth in the Attached Order. It is so ordered.Signed by Judge Omar A. Williams on 03/06/23. (Codeanne, K.)
March 3, 2023 Filing 18 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Steven Michael Pear* with answer to complaint due within *21* days. Attorney *Kevin M. Smith* *Wiggin & Dana* *One Century Tower, 265 Church Street P.O. Box 1832* *New Haven, CT 06508-1832*. (Barry, L)
March 3, 2023 Filing 17 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *New American Consumer Fund, L.P.* with answer to complaint due within *21* days. Attorney *Kevin M. Smith* *Wiggin & Dana* *One Century Tower, 265 Church Street P.O. Box 1832* *New Haven, CT 06508-1832*. (Barry, L)
March 3, 2023 Filing 16 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *John Ronald Hagan, Jr.* with answer to complaint due within *21* days. Attorney *Kevin M. Smith* *Wiggin & Dana* *One Century Tower, 265 Church Street P.O. Box 1832* *New Haven, CT 06508-1832*. (Barry, L)
March 3, 2023 Filing 15 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Emil Capital Partners, LLC* with answer to complaint due within *21* days. Attorney *Kevin M. Smith* *Wiggin & Dana* *One Century Tower, 265 Church Street P.O. Box 1832* *New Haven, CT 06508-1832*. (Barry, L)
March 3, 2023 Filing 14 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *ECP Acquisition Capital, L.P.* with answer to complaint due within *21* days. Attorney *Kevin M. Smith* *Wiggin & Dana* *One Century Tower, 265 Church Street P.O. Box 1832* *New Haven, CT 06508-1832*. (Barry, L)
March 3, 2023 Filing 13 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Cheribundi, Inc.* with answer to complaint due within *21* days. Attorney *Kevin M. Smith* *Wiggin & Dana* *One Century Tower, 265 Church Street P.O. Box 1832* *New Haven, CT 06508-1832*. (Barry, L)
March 3, 2023 Filing 12 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Marcel Anand Bens* with answer to complaint due within *21* days. Attorney *Kevin M. Smith* *Wiggin & Dana* *One Century Tower, 265 Church Street P.O. Box 1832* *New Haven, CT 06508-1832*. (Barry, L)
March 3, 2023 Filing 11 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 #8 Order on Pretrial Deadlines, #7 Certificate of Good Standing filed by Farm Fresh First, LLC, #10 Protective Order, 6 Notice re: Disclosure Statement,, #9 Electronic Filing Order, #1 Complaint, filed by Farm Fresh First, LLC Signed by Clerk on 3/3/2023.(Barry, L)
March 3, 2023 Filing 7 CERTIFICATE OF GOOD STANDING re #3 MOTION for Attorney(s) Gregory Brown to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7258061) by Farm Fresh First, LLC. (Smith, Kevin)
March 2, 2023 Opinion or Order Filing 10 Standing PROTECTIVE ORDER Signed by Judge Omar A. Williams on 3/2/2023. (Barry, L)
March 2, 2023 Opinion or Order Filing 9 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 3/2/2023.(Barry, L)
March 2, 2023 Opinion or Order Filing 8 Order on Pretrial Deadlines: Amended Pleadings due by 5/1/2023 Discovery due by 9/1/2023 Dispositive Motions due by 10/6/2023 Signed by Clerk on 3/2/2023.(Barry, L)
March 2, 2023 Filing 6 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 3/2/2023.(Anastasio, F.)
March 2, 2023 Judge Omar A. Williams and Judge Robert A. Richardson added. (Freberg, B)
March 2, 2023 Filing 5 Emergency MOTION for Preliminary Injunction by Farm Fresh First, LLC.Responses due by 3/23/2023 (Attachments: #1 Memorandum in Support, #2 Declaration of Thomas Facer, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Certification of Counsel in Support of Emergency Motions for Relief Pursuant to Fed. R. Civ. P. 65, #8 Proposed Order to Show Cause)(Smith, Kevin)
March 2, 2023 Filing 4 Emergency MOTION for Temporary Restraining Order by Farm Fresh First, LLC. (Attachments: #1 Memorandum in Support, #2 Declaration of Thomas Facer, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Certification of Counsel in Support of Emergency Motions for Relief Pursuant to Fed. R. Civ. P. 65, #8 Proposed Order to Show Cause)(Smith, Kevin)
March 2, 2023 Filing 3 MOTION for Attorney(s) Gregory Brown to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7258061) by Farm Fresh First, LLC. (Attachments: #1 Declaration in Support)(Smith, Kevin)
March 2, 2023 Filing 2 Corporate Disclosure Statement by Farm Fresh First, LLC. (Smith, Kevin)
March 2, 2023 Filing 1 COMPLAINT against Marcel Anand Bens, Cheribundi, Inc., ECP Acquisition Capital, L.P., Emil Capital Partners, LLC, John Ronald Hagan, Jr., New American Consumer Fund, L.P., Steven Michael Pear ( Filing fee $402 receipt number ACTDC-7257944.), filed by Farm Fresh First, LLC. (Attachments: #1 Civil Cover Sheet)(Smith, Kevin)
March 2, 2023 Request for Clerk to issue summons as to New American Consumer Fund, L.P.. (Smith, Kevin)
March 2, 2023 Request for Clerk to issue summons as to Cheribundi, Inc.. (Smith, Kevin)
March 2, 2023 Request for Clerk to issue summons as to Emil Capital Partners, LLC. (Smith, Kevin)
March 2, 2023 Request for Clerk to issue summons as to ECP Acquisition Capital, L.P.. (Smith, Kevin)
March 2, 2023 Request for Clerk to issue summons as to Marcel Anand Bens. (Smith, Kevin)
March 2, 2023 Request for Clerk to issue summons as to John Ronald Hagan, Jr.. (Smith, Kevin)
March 2, 2023 Request for Clerk to issue summons as to Steven Michael Pear. (Smith, Kevin)

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Plaintiff: Farm Fresh First, LLC
Represented By: Kevin M. Smith
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Defendant: Cheribundi, Inc.
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Defendant: New American Consumer Fund, L.P.
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Defendant: Emil Capital Partners, LLC
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Defendant: ECP Acquisition Capital, L.P.
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Defendant: Steven Michael Pear
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Defendant: John Ronald Hagan, Jr.
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Defendant: Marcel Anand Bens
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Defendant: Mike Hagan
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