Sun Commodities Inc. v. Penn Dutch Food Center, Inc. et al
| Sun Commodities Inc. |
| RICKI SALSBURG, Penn Dutch Food Center, Inc., GREG SALSBURG, PENN DUTCH FOOD CENTER III, LLC., PAUL SALSBURG, PENN DUTCH FOOD CENTER II, INC., PENN DUTCH PLAZA LLC, JACOB SALSBURG, SOPHY SALSBURG, MICAH SALSBURG and WILLIAM SALSBURG |
| Fresh Point of South Florida, Inc. |
| 0:2019cv62332 |
| September 18, 2019 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Patrick M Hunt |
| Agriculture Acts |
| 07 U.S.C. § 0499 |
| Defendant |
Docket Report
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This docket was last retrieved on November 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 55 ANSWER to Intervenor Complaint by GREG SALSBURG, JACOB SALSBURG, PAUL SALSBURG, SOPHY SALSBURG, WILLIAM SALSBURG. (Henkel, Timothy) |
| Filing 54 ANSWER to Complaint by GREG SALSBURG, JACOB SALSBURG, PAUL SALSBURG, SOPHY SALSBURG, WILLIAM SALSBURG. (Henkel, Timothy) |
| Filing 53 ANSWER and Affirmative Defenses to Complaint with Jury Demand by MICAH SALSBURG. Attorney Patrick S. Scott added to party MICAH SALSBURG(pty:dft). (Scott, Patrick) |
| Filing 52 OBJECTIONS to #44 Report and Recommendations by Philip Von Kahle. (Slatkin, Jason) |
Filing 51
ENDORSED ORDER on #47 and #50 Motions for Extension of Time. It is hereby ORDERED that the #47 Motion is GRANTED in part and DENIED in part, to the extent that Defendant Ricki Salsburg must respond to the #1 Complaint no later than November 21, 2019. It is further ORDERED that the #50 Motion is GRANTED, to the extent that Defendants William Salsburg, Greg Salsburg, Paul Salsburg, Jacob Salsburg, and Sophy Salsburg must respond to the #14 Complaint in Intervention no later than November 12, 2019. Signed by Judge Marcia G. Cooke on 11/7/2019. (smz)
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| Filing 50 Unopposed MOTION for Extension of Time to File Response/Reply/Answer Plaintiff's Complaint and Complaint in Intervention by GREG SALSBURG, JACOB SALSBURG, PAUL SALSBURG, SOPHY SALSBURG, WILLIAM SALSBURG. (Attachments: #1 Text of Proposed Order Agreed Order Granting Salsburg Defendants' an Enlargement of Time to Respond to the Complaints)(Henkel, Timothy) |
| Filing 49 ANSWER to Intervenor Complaint with Jury Demand by Philip Von Kahle. (Slatkin, Jason) |
| Filing 48 ANSWER to Complaint with Jury Demand by Philip Von Kahle. (Slatkin, Jason) |
| Filing 47 MOTION for Extension of Time To Respond to the Complaint re #1 Complaint,,, by RICKI SALSBURG. Responses due by 11/18/2019 (Attachments: #1 Text of Proposed Order)(Burger, Alan) |
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Filing 46
ENDORSED ORDER Denying #45 Motion for Extension of Time. The Local Rules provide that a motion for extension of time must contain the following certification: "(A) that counsel for the movant has conferred with all parties or non-parties who may be affected by the relief sought in the motion...; or (B) that counsel for the movant has made reasonable efforts to confer..., which efforts shall be identified with specificity in the statement (including the date, time, and manner of each effort), but has been unable to do so." S.D. Fla. L.R. 7.1(a)(3) (emphasis added). The instant #45 Motion fails to comply with that requirement. Counsel for Defendant Ricki Salsburg states that "[p]rior to the filing of th[e] Motion" he "emailed counsel for the other parties," and "[n]o interested party indicated that it objected to the relief requested herein." ECF No. #45 at p. 2. But counsel does not state whether the affected Parties agreed to the relief sought, or whether they simply did not respond to the email (whose date and time counsel also does not specify). The #45 Motion is therefore DENIED without prejudice. Signed by Judge Marcia G. Cooke on 10/31/2019. (smz)
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| Filing 45 MOTION for Extension of Time to File Response/Reply/Answer to Complaint by RICKI SALSBURG. (Attachments: #1 Text of Proposed Order)(Burger, Alan) |
| Filing 44 REPORT AND RECOMMENDATIONS recommending granting the #8 Motion for Preliminary Injunction. Objections to R&R due by 11/12/2019 Signed by Magistrate Judge Patrick M. Hunt on 10/29/2019. See attached document for full details. (hhr) |
| Filing 43 NOTICE by Philip Von Kahle of Filing Assignees Amended Notice of Abandonment (Slatkin, Jason) |
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Filing 42
PAPERLESS ORDER denying without prejudice #39 Defendant Ricki Salsburg's Motion to Attend Hearings Telephonically, as the motion is premature. Defendant Salsburg may refile the motion should any further hearings occur before Judge Patrick M. Hunt. Signed by Magistrate Judge Patrick M. Hunt on 10/24/2019. (hhr)
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Filing 41
PAPERLESS ORDER denying as moot #29 Motion to Adopt/Join; #34 Emergency Motion with Certification of Emergency per ECF No. #38 . Signed by Magistrate Judge Patrick M. Hunt on 10/23/2019. (hhr)
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Filing 40
PAPERLESS ORDER granting in part and denying in part #23 Expedited Motion. The motion is granted to the extend Movant shall be allowed to intervene in this case. The Motion is otherwise denied as moot per ECF No. #38 . Signed by Magistrate Judge Patrick M. Hunt on 10/23/2019. (hhr)
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| Filing 39 MOTION to Attend Hearings Telephonically by RICKI SALSBURG. (Attachments: #1 Text of Proposed Order)(Burger, Alan) |
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Filing 38
ORDER extending and modifying the Temporary Restraining Order (ECF Nos. #16 , #19 ). Signed by Magistrate Judge Patrick M. Hunt on 10/21/2019. See attached document for full details. (hhr)
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| Filing 37 Minute Order for proceedings held before Magistrate Judge Patrick M. Hunt: Motion Hearing held on 10/18/2019 re #23 EXPEDITED MOTION for Intervention filed by Philip Von Kahle and #29 Motion to Adopt/Join filed by Sun Commodities Inc. Order to follow. (Digital 10:07:19 / 11:22:23 / 11:46:09) (tw) |
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Filing 36
PAPERLESS ORDER extending ECF No. #16 - Order on Motion for Temporary Restraining Order, as modified by ECF No. #19 - Order on Motion to Continue, until Monday, October 21, 2019. Signed by Magistrate Judge Patrick M. Hunt on 10/18/2019. (hhr)
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Filing 35
PAPERLESS ORDER Setting Hearing on #29 Motion to Adopt/Join, #34 EMERGENCY MOTION to Dissolve Temporary Restraining Order. The Motions will be heard at the previously set hearing, ECF No. 24, at 10:00 a.m. on 10/18/2019 in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. Signed by Magistrate Judge Patrick M. Hunt on 10/17/2019. (hhr)
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| Filing 34 EMERGENCY MOTION with Certification of Emergency included [Motion to Dissolve Temporary Restraining Order] by PENN DUTCH PLAZA LLC. Responses due by 10/31/2019 (Attachments: #1 Exhibit Exhibit A)(Bast, Jeffrey) |
| Filing 33 REPLY to Response to Motion re #23 EXPEDITED MOTION for Intervention filed by Philip Von Kahle. (Slatkin, Jason) |
| Filing 32 NOTICE of Attorney Appearance by Jeffrey Paul Bast on behalf of PENN DUTCH PLAZA LLC. Attorney Jeffrey Paul Bast added to party PENN DUTCH PLAZA LLC(pty:dft). (Bast, Jeffrey) |
| Filing 31 RESPONSE to Motion re #17 MOTION to Continue TRO and PI Hearing re #16 Order on Motion for Temporary Restraining Order filed by RICKI SALSBURG. Replies due by 10/24/2019. (Burger, Alan) |
| Filing 30 Clerks Notice to Filer re #29 Response in Opposition to Motion. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (kpe) |
| Filing 29 Motion to Join/Plaintiff's Joinder in Fresh Point's Limited Opposition re #28 Limited Objection to Expedited Motion filed by Sun Commodities Inc.. (Goldman, Robert) Modified text on 10/17/2019 (kpe). |
| Filing 28 Limited Objection to #23 EXPEDITED MOTION for Intervention by Fresh Point of South Florida, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Barmat, Marc) |
| Filing 27 ACKNOWLEDGMENT OF SERVICE as to #14 Intervenor Complaint filed by Fresh Point of South Florida, Inc.. (Barmat, Marc) |
| Filing 26 NOTICE of Attorney Appearance by Timothy Dean Henkel on behalf of GREG SALSBURG, JACOB SALSBURG, PAUL SALSBURG, SOPHY SALSBURG, WILLIAM SALSBURG. Attorney Timothy Dean Henkel added to party GREG SALSBURG(pty:dft), Attorney Timothy Dean Henkel added to party JACOB SALSBURG(pty:dft), Attorney Timothy Dean Henkel added to party PAUL SALSBURG(pty:dft), Attorney Timothy Dean Henkel added to party SOPHY SALSBURG(pty:dft), Attorney Timothy Dean Henkel added to party WILLIAM SALSBURG(pty:dft). (Henkel, Timothy) |
| Filing 25 NOTICE OF ATTORNEY APPEARANCE by RICKI SALSBURG Notice of Appearance. Attorney Alan Michael Burger added to party RICKI SALSBURG(pty:dft). (Burger, Alan) |
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Filing 24
PAPERLESS ORDER Setting Hearing on #23 Motion for Intervention. The Motion Hearing is set for 10/18/2019 at 10:00 a.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. Any response to the Motion shall be filed on or before Wednesday, 10/16/19. Any reply shall be filed on or before end of business on Thursday, 10/17/19. Signed by Magistrate Judge Patrick M. Hunt on 10/11/2019. (hhr)
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| Filing 23 EXPEDITED MOTION for Intervention by Philip Von Kahle. (Slatkin, Jason) |
| Filing 22 NOTICE of Attorney Appearance by Eric F Werrenrath on behalf of National Cooperative Bank. Attorney Eric F Werrenrath added to party National Cooperative Bank(pty:ip). (Werrenrath, Eric) |
| Filing 21 NOTICE of Attorney Appearance by Robert Francis Reynolds on behalf of Philip Von Kahle. Attorney Robert Francis Reynolds added to party Philip Von Kahle(pty:ip). (Reynolds, Robert) |
| Filing 20 NOTICE of Attorney Appearance by Jason Elliot Slatkin on behalf of Philip Von Kahle. Attorney Jason Elliot Slatkin added to party Philip Von Kahle(pty:ip). (Slatkin, Jason) |
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Filing 19
ORDER granting #17 Motion to Continue. Signed by Magistrate Judge Patrick M. Hunt on 10/4/2019. See attached document for full details. (hhr)
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| Filing 18 Minute Entry for proceedings held before Magistrate Judge Patrick M. Hunt: Motion Hearing held on 10/4/2019 re #17 MOTION to Continue TRO and PI Hearing re #16 Order on Motion for Temporary Restraining Order filed by Sun Commodities Inc.. (Digital 12:45:41) (tw) |
| Filing 17 MOTION to Continue TRO and PI Hearing re #16 Order on Motion for Temporary Restraining Order by Sun Commodities Inc.. Responses due by 10/18/2019 (Attachments: #1 Text of Proposed Order Granting Motion)(Goldman, Robert) |
| Set Hearings as to #8 MOTION for Preliminary Injunction per DE #16 Order. Motion Hearing set for 10/4/2019 12:30 PM before Magistrate Judge Patrick M. Hunt. (kpe) |
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Filing 16
ORDER granting #7 Motion for Temporary Restraining Order. Signed by Magistrate Judge Patrick M. Hunt on 9/26/2019. See attached document for full details. (hhr)
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| Filing 15 NOTICE by Sun Commodities Inc. re #7 MOTION for Temporary Restraining Order of Filing Declaration of Robert Allen of Service Grocers Co-Op, Inc. (Attachments: #1 Exhibit A - Invoices - Penn Dutch I, #2 Exhibit B - Invoices - Penn Dutch II) (Goldman, Robert) |
| Filing 14 Intervenor COMPLAINT , filed by Fresh Point of South Florida, Inc..(Barmat, Marc) |
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Filing 13
PAPERLESS ORDER Setting Hearing on #7 Motion for Temporary Restraining Order. The Motion Hearing is set for 9/26/2019 at 3 p.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. Signed by Magistrate Judge Patrick M. Hunt on 9/25/2019. (hhr)
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Filing 12
PAPERLESS ORDER granting #4 Motion to Intervene. Fresh Point of South Florida, Inc., shall file its Complaint on or before September 27, 2019. Signed by Magistrate Judge Patrick M. Hunt on 9/25/2019. (hhr)
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Filing 11
ENDORSED ORDER Referring #4 , #7 , and #8 Motions. The #4 Motion to Intervene, #7 Motion for Temporary Restraining Order, and #8 Motion for Preliminary Injunction are hereby referred to the Honorable Patrick M. Hunt. Signed by Judge Marcia G. Cooke on 9/24/2019. (smz)
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Filing 10
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 9/23/2019. See attached document for full details. (smz)
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| Filing 9 AFFIDAVIT in Support re #4 MOTION to Intervene filed by Fresh Point of South Florida, Inc.. (Attachments: #1 Exhibit USDA/PACA License for Fresh Point, #2 Exhibit USDA/PACA License for Corporate Defendant, #3 Exhibit PD Hollywood Invoices, #4 Exhibit PD Margate Invoices)(Barmat, Marc) |
| Filing 8 MOTION for Preliminary Injunction by Sun Commodities Inc.. (Goldman, Robert) |
| Filing 7 MOTION for Temporary Restraining Order by Sun Commodities Inc.. Responses due by 10/4/2019 (Attachments: #1 Exhibit A - Declaration of Lucy Bocio, #2 Exhibit B - Declaration of Benny Camona, #3 Exhibit C - Declaration of Robert E. Goldman, #4 Exhibit D - Prior TRO, #5 Certification by Attorney re TRO, #6 Text of Proposed Order Granting TRO)(Goldman, Robert) |
| Filing 6 Corporate Disclosure Statement by Sun Commodities Inc. (Goldman, Robert) |
| Filing 5 MEMORANDUM in Support re #4 MOTION to Intervene by Fresh Point of South Florida, Inc.. (Attachments: #1 Exhibit A. Proposed Complaint in Intervention)(Barmat, Marc) |
| Filing 4 MOTION to Intervene by Fresh Point of South Florida, Inc.. Attorney Marc Philip Barmat added to party Fresh Point of South Florida, Inc.(pty:intvp). (Attachments: #1 Text of Proposed Order)(Barmat, Marc) |
| Filing 3 Summons Issued as to PENN DUTCH FOOD CENTER II, INC., PENN DUTCH FOOD CENTER III, LLC., PENN DUTCH PLAZA LLC, Penn Dutch Food Center, Inc., GREG SALSBURG, JACOB SALSBURG, MICAH SALSBURG, PAUL SALSBURG, RICKI SALSBURG, SOPHY SALSBURG, WILLIAM SALSBURG. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) |
| Filing 1 COMPLAINT for Violation of the PACA Trust against PENN DUTCH FOOD CENTER II, INC., PENN DUTCH FOOD CENTER III, LLC., PENN DUTCH PLAZA LLC, Penn Dutch Food Center, Inc., GREG SALSBURG, JACOB SALSBURG, MICAH SALSBURG, PAUL SALSBURG, RICKI SALSBURG, SOPHY SALSBURG, WILLIAM SALSBURG. Filing fees $ 400.00 receipt number 113C-11995802, filed by Sun Commodities Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Penn Dutch I, #3 Summon(s) Penn Dutch II, #4 Summon(s) Ricki Salsburg, #5 Summon(s) Paul Salsburg, #6 Summon(s) William Salsburg, #7 Summon(s) Greg Salsburg, #8 Summon(s) Micah Salsburg, #9 Summon(s) Sophi Salsburg, #10 Summon(s) Jacob Salsburg, #11 Summon(s) Penn Dutch III, #12 Summon(s) Penn Dutch Plaza)(Goldman, Robert) |
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