4S Fresh, Inc. et al v. United States of America
| 4S Fresh, Inc., a Florida Corporation d/b/a Primo Fresh Market, Ibrahim S. Thalji and 4S Fresh, Inc. a Florida Corporation doing business as Primo Fresh Market |
| United States of America |
| 8:2023cv00076 |
| January 11, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Thomas G Wilson |
| Other Statutory Actions |
| 07 U.S.C. § 2023 Review of Findings of Dept. of Agriculture |
| None |
Docket Report
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This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 Proof of service by 4S Fresh, Inc., Ibrahim S. Thalji Plaintiffs' Notice and Certificate of Proof of Service-USDA-FNS. (Attachments: #1 Exhibit A-USPS Form 3811-USDA-FNS)(Tapp, Andrew) Modified text on 2/28/2023 (SET). |
Filing 18
ENDORSED ORDER: In response to this Court's February 16, 2023 order, (Doc. 16), the Plaintiffs submit unsigned tracking receipts documenting that the U.S. Postal Service delivered the complaint and the Plaintiffs' motion for a preliminary injunction to the Attorney General and the United States Department of Agriculture Food and Nutrition Service. (Doc. #17; Doc. 17-1.) An unsigned tracking receipt is insufficient to prove service under Rule 4(i)(1)(B) and Rule 4(i)(1)(C). Fuqua v. Turner, 996 F.3d 1140, 1155 (11th Cir. 2021) ("Service by certified mail... requires the addressee or his authorized agent to sign the return receipt."). This Court's February 16, 2023 order, (Doc. 16), required the United States to respond "to the Plaintiffs' motion for a preliminary injunction within fourteen days after the Plaintiffs successfully serve the United States." This deadline is DISCHARGED. The United States must respond to the Plaintiffs' motion for a preliminary injunction, (Doc. #10), within seven days after the Plaintiffs provide proof of service to this Court. Signed by Judge Kathryn Kimball Mizelle on 2/17/2023. (JMP)
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| Filing 17 PROOF of service by 4S Fresh, Inc., Ibrahim S. Thalji Plaintiffs' Notice and Certificate of Proof of Service Upon Attorney General of the United States and USDA-FNS. (Attachments: #1 Exhibit A)(Tapp, Andrew) Modified text on 2/17/2023 (SET). |
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Filing 16
ENDORSED ORDER: This Court's #14 order setting deadlines for consideration of the pending motion for a preliminary injunction required the Plaintiffs to submit proof of service no later than February 7, 2023. The Plaintiffs submitted a #15 return of service as to the Civil Process Clerk of the U.S. Attorney's Office for the Middle District of Florida, but failed to submit a return of service as to the Attorney General and the United States Department of Agriculture Food and Nutrition Service. This Court's #14 earlier order required the United States to respond to the motion for preliminary injunction by February 21, 2023, but the deadline for the United States' response is DISCHARGED because the Plaintiffs failed to submit timely proof of service through a return receipt. The United States must respond to the Plaintiffs' #10 motion for a preliminary injunction within fourteen days after the Plaintiffs successfully serve the United States. Additionally, the Plaintiffs must immediately submit proof of service once they receive a return of service. Signed by Judge Kathryn Kimball Mizelle on 2/16/2023. (JMP)
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| Filing 15 SUMMONS returned executed by 4S Fresh, Inc., Ibrahim S. Thalji. United States of America served on 1/27/2023, answer due 3/28/2023. (Attachments: #1 Exhibit A)(Tapp, Andrew) |
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Filing 14
ORDER setting deadlines for consideration of the Plaintiffs' #10 motion for a preliminary injunction. Signed by Judge Kathryn Kimball Mizelle on 1/24/2023. (JMP)
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| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by 4S Fresh, Inc., Ibrahim S. Thalji. Related case(s): No (Tapp, Andrew) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #7 Standing Order, by 4S Fresh, Inc., Ibrahim S. Thalji. (Tapp, Andrew) |
| Filing 11 PROPOSED summons to be issued by 4S Fresh, Inc., Ibrahim S. Thalji. (Tapp, Andrew) |
| Filing 10 MOTION for Preliminary Injunction by 4S Fresh, Inc., Ibrahim S. Thalji. (Attachments: #1 Plaintiffs' Memorandum In Support of Plaintiffs' Motion for Preliminary Injunction, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Tapp, Andrew) Modified text on 1/23/2023 (SET). |
| Filing 9 SUMMONS issued as to United States of America, U.S. Attorney and U.S. Attorney General. (KME) |
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Filing 8
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 1/12/2023. (ABC)
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Filing 7
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Signed by Judge Kathryn Kimball Mizelle on 1/12/2023. (JMP)
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| Filing 6 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Thomas G. Wilson. New case number: 8:23-cv-0076-KKM-TGW. (SJB) |
| Filing 5 NOTICE of a related action per Local Rule 1.07(c) by 4S Fresh, Inc., Ibrahim S. Thalji. Related case(s): No (Tapp, Andrew) Modified text on 1/12/2023 (KME). |
| Filing 4 CORPORATE Disclosure Statement by 4S Fresh, Inc., Ibrahim S. Thalji. (Tapp, Andrew) Modified text on 1/12/2023 (KME). |
| Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by 4S Fresh, Inc., Ibrahim S. Thalji. (Tapp, Andrew) Modified text on 1/12/2023 (KME). |
| Filing 2 NOTICE of Appearance by Andrew Zachary Tapp on behalf of 4S Fresh, Inc., Ibrahim S. Thalji (Tapp, Andrew) Modified text on 1/12/2023 (KME). |
| Filing 1 COMPLAINT against United States of America (Filing fee $402 receipt number AFLMDC-20391186) filed by 4S Fresh, Inc., Ibrahim S. Thalji. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons United States Attorney's Office-M D FL, #3 Proposed Summons Attorney General of the United States, #4 Proposed Summons USDA-FNS)(Tapp, Andrew) Modified text on 1/12/2023 (KME). |
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