Buy Right Produce, LLC v. Genaro Produce Incorporated et al
Plaintiff: Buy Right Produce, LLC
Defendant: Genaro Produce Incorporated, Marlon Aragon, Christopher G. Aragon, First Bank Puerto Rico, Rosa Amelia Mayorquin, Go Wine, LLC, Domingo Rodriguez, Teodoro I. Aragon, Belkys Henriquez, Azucena Aragon, Aloe Vera Supplies Inc., Mayorquin Investments, LLC, Genaro Aragon, Kasandra G. Aragon, Rebeca Aragon, Francisca Aragon, T. & G. Produce, LLC, Aloe Distributors, Inc. and Christy Aragon
Case Number: 1:2018cv23813
Filed: September 17, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Nature of Suit: Agriculture Acts
Cause of Action: 07 U.S.C. ยง 0499
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 9, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2018 Filing 147 STIPULATION re #142 Notice of Settlement, 143 Order,, Order Setting/Cancelling Hearing, #145 Administrative Order, JOINT STIPULATION OF SETTLEMENT AND FOR DISMISSAL OF PLAINTIFFS CLAIMS AS TO ALL DEFENDANTS EXCEPT DOMINGO RODRIGUEZ, BELKYS HENRIQUEZ, AND ALOE DISTRIBUTORS, INC. by Buy Right Produce, LLC (Henkel, Timothy)
November 7, 2018 SYSTEM ENTRY - Docket Entry 146 [order] restricted/sealed until further notice. (nc)
November 6, 2018 Opinion or Order Filing 145 Order Administratively Closing Case Upon Notice Of Settlement. By 12/4/2018, the Plaintiff must file a stipulation of dismissal, under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), or a motion to dismiss, consistent with Rule 41(a)(2). Signed by Judge Robert N. Scola, Jr. on 11/6/2018. See attached document for full details. (jas)
October 31, 2018 Filing 144 CLERK'S NOTICE of Compliance by Unsealing #8 Ex Parte Motion for Temporary Restraining Order, pursuant to 131 Paperless Order (nc)
October 30, 2018 Opinion or Order Filing 143 PAPERLESS ORDER: The Plaintiff has #142 notified the Court that it has settled all issues related to #9 its motion for a preliminary injunction with all Defendants except for certain Defendants as to whom #130 the Plaintiff has already withdrawn its motion. Upon the parties' agreement, the Court therefore cancels the preliminary-injunction hearing set for October 31, 2018. Signed by Judge Robert N. Scola, Jr. on 10/30/2018. (kbe)
October 30, 2018 Filing 142 NOTICE of Settlement as to all Defendants except Aloe Distributors, Aloe Vera Supplies, Belkys Henriquez, and Domingo Rodriguez, and request to cancel October 31st (2pm) hearing on Plaintiff's Motion for Preliminary Injunction by Buy Right Produce, LLC (Henkel, Timothy)
October 30, 2018 Opinion or Order Filing 141 PAPERLESS ORDER: The Court denies, without prejudice, #128 the Plaintiff's motion to compel because the motion does not contain a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with all parties or non-parties who may be affected by the relief sought in a good-faith effort to resolve by agreement the issues raised in the motion. The filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). The Court has repeatedly reminded counsel on both sides of this requirement and yet they continue to ignore it. The parties are forewarned that future violations are likely to be met with sanctions. Signed by Judge Robert N. Scola, Jr. on 10/30/2018. (kbe)
October 29, 2018 Filing 140 NOTICE by Go Wine, LLC of Filing Affidavit (Alayon, Richard)
October 29, 2018 Filing 139 RESPONSE to Motion re #128 Plaintiff's MOTION to Compel Defendant Go Wine to provide agreed accounting of the PACA Trust Assets pursuant to the Agreed Order (ECF No. 87) filed by Go Wine, LLC. Replies due by 11/5/2018. (Attachments: #1 Affidavit of Patrick Alayon)(Alayon, Richard)
October 29, 2018 Filing 138 STATUS REPORT response by Kasandra G. Aragon, Marlon Aragon, Rebeca Aragon, Teodoro I. Aragon (Accetta, Anthony)
October 29, 2018 Filing 137 STATUS REPORT response by Azucena Aragon, Christopher G. Aragon, Christy Aragon, Francisca Aragon (Accetta, Anthony)
October 29, 2018 Opinion or Order Filing 136 PAPERLESS ORDER: The Court denies, albeit without prejudice, #135 Plaintiff Buy Right Produce, LLC's motion regarding the upcoming preliminary-injunction hearing because the motion does not contain a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with all parties or non-parties who may be affected by the relief sought in a good-faith effort to resolve by agreement the issues raised in the motion. The filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Signed by Judge Robert N. Scola, Jr on 10/29/2018. (kbe)
October 29, 2018 Filing 135 STATUS REPORT as to Preliminary Injunction Motion and Settlement, with request to cancel unnecessary October 31st evidentiary hearing on Plaintiff's Motion for a Preliminary Injunction or, alternately, to hold telephonic status conference before the Court on October 30th by Buy Right Produce, LLC (Henkel, Timothy)
October 29, 2018 Opinion or Order Filing 134 PAPERLESS ORDER: The Court grants #126 the Plaintiff's unopposed motion for an extension of time to reply to First Bank's response to the Plaintiff's motion for a preliminary injunction. The Plaintiff must file its reply on or before October 29, 2018. Signed by Judge Robert N. Scola, Jr. on 10/29/2018. (kbe)
October 29, 2018 Opinion or Order Filing 133 PAPERLESS ORDER: In order to expedite a resolution of #128 the Plaintiff's motion to compel, the Court orders Defendant Go Wine, LLC, to respond to the motion by 9:00 a.m. on Tuesday, October 30, 2018. Signed by Judge Robert N. Scola, Jr. on 10/29/2018. (kbe)
October 29, 2018 Filing 132 REPLY to Response to Motion re #9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action (Buy Right Reply to FirstBank's Response opposing the Plaintiff's Motion for a Preliminary Injunction) filed by Buy Right Produce, LLC. (Henkel, Timothy)
October 29, 2018 Opinion or Order Filing 131 PAPERLESS ORDER: The Court grants #117 the Plaintiff's unopposed motion to unseal #8 the Plaintiff's ex parte temporary restraining order. The Clerk is directed to unseal this restricted docket entry. Signed by Judge Robert N. Scola, Jr. on 10/29/2018. (kbe)
October 29, 2018 Filing 130 NOTICE by Buy Right Produce, LLC re #14 Temporary Restraining Order,, Set/Reset Motion/R&R Deadlines and Hearings, #9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action of Withdrawal of TRO and Preliminary Injunction Motion as to three Defendants only, Aloe Distributors, Domingo Rodriguez, and Belkys Henriquez only, and Consent to Dissolve TRO as to these same three Defendants only (Henkel, Timothy)
October 29, 2018 Filing 129 RESPONSE in Opposition re #100 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Buy Right Produce, LLC. Replies due by 11/5/2018. (Henkel, Timothy)
October 27, 2018 Filing 128 Plaintiff's MOTION to Compel Defendant Go Wine to provide agreed accounting of the PACA Trust Assets pursuant to the Agreed Order (ECF No. 87) by Buy Right Produce, LLC. Responses due by 11/13/2018 (Henkel, Timothy)
October 26, 2018 Filing 127 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Motion to Strike by Teodoro I. Aragon. Responses due by 11/9/2018 (Accetta, Anthony)
October 26, 2018 Filing 126 Unopposed MOTION for Extension of Time to file Reply to Response of First Bank (ECF No. 96) opposing Motion for Preliminary Injunction re #96 Response in Opposition to Motion, by Buy Right Produce, LLC. Responses due by 11/9/2018 (Henkel, Timothy)
October 26, 2018 Filing 125 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Motion to Strike by Christopher G. Aragon. Responses due by 11/9/2018 (Accetta, Anthony)
October 26, 2018 Filing 124 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Motion to Strike by Azucena Aragon. Responses due by 11/9/2018 (Accetta, Anthony)
October 26, 2018 Filing 123 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Motion to Strike by Christy Aragon. Responses due by 11/9/2018 (Accetta, Anthony)
October 26, 2018 Filing 122 REPLY to Response to Motion re #9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action and Response to Aragon Defendants' Motion to Dissolve TRO filed by Buy Right Produce, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Henkel, Timothy)
October 26, 2018 Filing 121 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Motion to Strike by Marlon Aragon. Responses due by 11/9/2018 (Accetta, Anthony)
October 26, 2018 Filing 120 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Motion to Strike by Francisca Aragon. Responses due by 11/9/2018 (Accetta, Anthony)
October 26, 2018 Filing 119 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Motion to Strike by Rebeca Aragon. Responses due by 11/9/2018 (Accetta, Anthony)
October 26, 2018 Filing 118 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Motion to Strike by Kasandra G. Aragon. Responses due by 11/9/2018 (Accetta, Anthony)
October 26, 2018 Filing 117 Unopposed MOTION to Unseal ECF No. 8, the Motion for Temporary Restraining Order re #88 Order,, by Buy Right Produce, LLC. (Henkel, Timothy)
October 26, 2018 Filing 116 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Go Wine, LLC. Responses due by 11/9/2018 (Alayon, Richard)
October 26, 2018 Filing 115 ANSWER and Affirmative Defenses to Complaint by Genaro Aragon, Genaro Produce Incorporated, Rosa Amelia Mayorquin. (Hoffman, Michael)
October 25, 2018 Opinion or Order Filing 114 PAPERLESS ORDER: The Court grants #112 the Plaintiff's agreed motion for extensions of various deadlines in this case. The parties must submit their respective filings, as set forth in the Plaintiff's motion, on or before October 26, 2018. Signed by Judge Robert N. Scola, Jr. on 10/25/2018. (kbe)
October 25, 2018 Filing 113 Clerks Notice to Filer re #112 Agreed MOTION for Extension of Time for Aragon Defendants and Go Wine to respond to the Complaint; and for the Plaintiff to brief opposition of the Defendants FirstBank Puerto Rico and the Aragon Defendants to Plaintiff's Motion for Preliminary In. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
October 24, 2018 Filing 112 Agreed Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint, #9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action by Buy Right Produce, LLC. Responses due by 11/7/2018 (Henkel, Timothy) Modified Relief/Links on 10/25/2018 (ls).
October 22, 2018 Opinion or Order Filing 111 PAPERLESS ORDER: The Court grants #110 the Plaintiff's unopposed request for an enlargement of time to file its (1) response to the Aragon Defendants' motion to dissolve the temporary restraining order and the order to show cause; and (2) replies to both the Aragon Defendants and FirstBank Puerto Rico's responses to the Plaintiff's motion for a preliminary injunction. The Aragon Defendants must reply to the Plaintiff's response on or before October 30th. Signed by Judge Robert N. Scola, Jr. on 10/22/2018. (kbe)
October 19, 2018 Filing 110 Plaintiff's MOTION for Extension of Time to file Response to Aragon Defendants' Motion to Dissolve TRO and OSC and to Reply to Aragon Defendants' opposition to Plaintiff's Motion for Preliminary Injunction, and also Reply to FirstBank's Response opposing Plaintiff's Motion for Preliminary Injunction re #72 Response to Motion,,, #73 Response to Motion, #96 Response in Opposition to Motion, by Buy Right Produce, LLC. Responses due by 11/2/2018 (Henkel, Timothy)
October 18, 2018 Filing 109 NOTICE of Compliance re #108 Order on Motion to Withdraw as Attorney. Order mailed to T&G Produce LLC, at c/o Christopher G. Aragon, 10402 NW 133rd Street, Hialeah Gardens, FL 33018, and Mayorquin Investment LLC, at c/o Christopher G. Aragon, 10402 NW 133rd Street, Hialeah Gardens, FL 33018. (jas)
October 18, 2018 Opinion or Order Filing 108 ORDER granting #105 Motion to Withdraw as Attorney. Joel Maurice Aresty withdrawn from case. Deadline to obtain new counsel 10/23/2018. Signed by Judge Robert N. Scola, Jr. on 10/18/2018. See attached document for full details. (jas)
October 17, 2018 Filing 107 Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Settlement Conference held on 10/17/2018. IMPASSE (mdc)
October 17, 2018 Opinion or Order Filing 106 PAPERLESS ORDER: The Court defers ruling on #105 Joel M. Aresty's motion for leave to withdraw from his representation of Defendants T&G Produce LLC and Mayorquin Investment LLC until after the completion of the settlement conference before United States Magistrate Judge Edwin G. Torres. Unless substitute counsel appears on behalf of T&G Produce and Mayorquin, Aresty must continue to represent these Defendants to avoid any undue delay with respect to the settlement conference. Signed by Judge Robert N. Scola, Jr. on 10/17/2018. (kbe)
October 17, 2018 Filing 105 MOTION to Withdraw as Attorney by Joel M. Aresty for / by Mayorquin Investments, LLC, T. & G. Produce, LLC. Responses due by 10/31/2018 (Attachments: #1 Text of Proposed Order)(Aresty, Joel)
October 16, 2018 Filing 104 NOTICE by Go Wine, LLC re #101 Plaintiff's MOTION for clarification #88 Order,, or Rehearing as to Reference to a Settlement Beyond the Injunction Issues in the Omnibus Order (Alayon, Richard)
October 16, 2018 Opinion or Order Filing 103 ORDER granting #101 Motion for Clarification. Signed by Judge Robert N. Scola, Jr. on 10/16/2018. See attached document for full details. (kbe)
October 16, 2018 Filing 102 TRANSCRIPT of hearing held on 10/5/18 before Judge Robert N. Scola, Jr, 1-12 pages, Court Reporter: Tammy Nestor, 954-769-5488 / Tammy_Nestor@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/6/2018. Redacted Transcript Deadline set for 11/16/2018. Release of Transcript Restriction set for 1/14/2019. (tnr)
October 16, 2018 Filing 101 Plaintiff's MOTION for clarification #88 Order,, or Rehearing as to Reference to a Settlement Beyond the Injunction Issues in the Omnibus Order by Buy Right Produce, LLC. Responses due by 10/30/2018 (Attachments: #1 Text of Proposed Order)(Henkel, Timothy)
October 15, 2018 Filing 100 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by First Bank Puerto Rico. Responses due by 10/29/2018 (Rodz, Aliette)
October 15, 2018 Filing 99 NOTICE/STIPULATION of Substitution of Counsel by Michael S. Hoffman on behalf of Genaro Aragon, Genaro Produce Incorporated, Rosa Amelia Mayorquin instead of prior counsel of record Joel M. Aresty, Esq.. . Attorney Michael S. Hoffman added to party Genaro Aragon(pty:dft), Attorney Michael S. Hoffman added to party Genaro Produce Incorporated(pty:dft), Attorney Michael S. Hoffman added to party Rosa Amelia Mayorquin (pty:dft). (Hoffman, Michael)
October 15, 2018 Filing 98 NOTICE of Attorney Appearance by Anthony Accetta on behalf of Azucena Aragon, Christopher G. Aragon, Christy Aragon, Francisca Aragon, Kasandra G. Aragon, Marlon Aragon, Rebeca Aragon, Teodoro I. Aragon (Accetta, Anthony)
October 15, 2018 Filing 97 STIPULATION for Substitution of Counsel by Azucena Aragon, Christopher G. Aragon, Christy Aragon, Francisca Aragon, Kasandra G. Aragon, Marlon Aragon, Rebeca Aragon, Teodoro I. Aragon (Accetta, Anthony)
October 12, 2018 Filing 96 RESPONSE in Opposition re #9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action and Memorandum in Support filed by First Bank Puerto Rico. Replies due by 10/19/2018. (Attachments: #1 Exhibit 1)(Rodz, Aliette)
October 11, 2018 Opinion or Order Filing 95 PAPERLESS ORDER: The Court grants #92 the parties' agreed motion for an extension of time to respond to the Aragon Defendants' motion to dissolve and an extension of time for the Aragon Defendants to respond to the complaint. Buy Right must file its response on or before October 19, 2018 and the Aragon Defendants must respond to the complaint on or before October 24, 2018. Signed by Judge Robert N. Scola, Jr. on 10/11/2018. (kbe)
October 11, 2018 Opinion or Order Filing 94 PAPERLESS ORDER: The Court recently received #93 correspondence from and between counsel. Unless otherwise provided for in a Court order or the rules, every filing directed to the Court must be submitted to the Clerk of the Court and no letters, pleadings, motions, or other communications may be sent directly to chambers. Any further improper correspondence or emails sent directly to the Court will be disregarded and discarded. Signed by Judge Robert N. Scola, Jr. on 10/11/2018. (kbe)
October 11, 2018 Filing 93 Correspondence between and from counsel sent via e-mail to chambers. (kbe)
October 10, 2018 Filing 92 Agreed MOTION for Extension of Time to file Response to Aragon Defendants' Motion to Dissolve TRO and for the Aragon Defendants to respond to the Complaint re #72 Response to Motion,,, by Buy Right Produce, LLC. Responses due by 10/24/2018 (Henkel, Timothy)
October 9, 2018 Filing 91 ANSWER/RESPONSE to #14 Temporary Restraining Order, Set/Reset Motion/R&R Deadlines and Hearings, by Branch Banking and Trust Company. (jas)
October 9, 2018 Filing 90 ANSWER to Complaint by Aloe Distributors, Inc., Belkys Henriquez, Domingo Rodriguez. (Velez, Arnaldo)
October 9, 2018 Filing 89 CLERK'S NOTICE of Compliance re #88 Order,, (dj)
October 9, 2018 Attorney Joel Maurice Aresty terminated. per de #88 (dj)
October 5, 2018 Opinion or Order Filing 88 OMNIBUS ORDER re #12 Ex Parte Document, filed by Buy Right Produce, LLC, #11 Plaintiff's EX PARTE MOTION for Leave to File Enlarged Memorandum of Law in Support of its Ex Parte Motion for Temporary Restraining Order and Motion for Preliminary Injunction filed by Buy Right Produce, LLC, #10 Ex Parte Document filed by Buy Right Produce, LLC, #13 Ex Parte Document, filed by Buy Right Produce, LLC Signed by Judge Robert N. Scola, Jr on 10/5/2018. See attached document for full details. (dj)
October 5, 2018 Opinion or Order Filing 87 Order on Plaintiff Buy Right's Motion for a Preliminary Injunction as tothe Defendant Go Wine and Defendant Go Wines Motion to DissolveTemporary Restraining Order. Signed by Judge Robert N. Scola, Jr. on 10/5/2018. See attached document for full details. (vgn)
October 5, 2018 Filing 86 Clerks Notice to Filer re #78 Notice of Attorney Appearance. Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to the case. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (jas)
October 5, 2018 Opinion or Order Filing 85 PAPERLESS ORDER: The Court grants #77 Defendant FirstBank's unopposed motion for a continuance of the preliminary injunction hearing previously scheduled for October 25, 2018. The Court resets that hearing to October 31, 2018 at 2:00 p.m. Signed by Judge Robert N. Scola, Jr. on 10/5/2018. (kbe)
October 5, 2018 Filing 84 NOTICE of Attorney Appearance by Herman Joseph Russomanno, III on behalf of Robert Gramberg, Justin Rundle. Attorney Herman Joseph Russomanno, III added to party Robert Gramberg(pty:ip), Attorney Herman Joseph Russomanno, III added to party Justin Rundle(pty:ip). (Russomanno, Herman)
October 5, 2018 Filing 83 PAPERLESS NOTICE of Hearing: A Settlement Conference is set for 10/17/2018 at 01:30 PM in Miami Division before Magistrate Judge Edwin G. Torres in the James Lawrence King Federal Justice Building, 99 NE 4th Street, Tenth Floor, Courtroom 5, Miami, Florida, 33132. (js02)
October 5, 2018 Filing 82 PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Motion Hearing held on 10/5/2018 re #9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action filed by Buy Right Produce, LLC. Attorney Richard Alayon's ore tenus motion to substitute as counsel for Go Wine, LLC is granted. Plaintiff's ore tenus motion to unseal docket entries 10 through 13 is granted. Hearing presently set for 10/25/2018 at 9:00 AM is hereby continued to 10/31/2018 at 2:00 PM. Court order will follow. Total time in court: 15 minutes. Attorney Appearance(s): Timothy Dean Henkel, Richard Alan Alayon, Alexis Hernandez, Patrick Alayon, Joel Maurice Aresty, and Kristin Drecktrah Paz. Court Reporter: Tammy Nestor, 954-769-5488 / Tammy_Nestor@flsd.uscourts.gov. (jh)
October 4, 2018 Filing 81 NOTICE of Compliance with Temporary Restraining Order by Go Wine, LLC re #14 Temporary Restraining Order,, Set/Reset Motion/R&R Deadlines and Hearings, (Alayon, Richard)
October 4, 2018 Filing 80 NOTICE by Go Wine, LLC of Filing Affidavit (Alayon, Richard)
October 4, 2018 Filing 79 RESPONSE in Opposition re #9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action, #41 EMERGENCY MOTION with Certification of Emergency attached filed by Go Wine, LLC. Replies due by 10/11/2018. (Alayon, Richard)
October 4, 2018 Filing 78 NOTICE of Attorney Appearance by Richard Alan Alayon on behalf of Go Wine, LLC. Attorney Richard Alan Alayon added to party Go Wine, LLC(pty:dft). (Alayon, Richard)
October 3, 2018 Filing 77 Unopposed MOTION to Continue Preliminary Injunction Hearing re #68 Order Setting/Cancelling Hearing by First Bank Puerto Rico. Responses due by 10/17/2018 (Attachments: #1 Text of Proposed Order)(Rodz, Aliette)
October 3, 2018 Filing 76 SUPPLEMENT to #70 Notice of Compliance Verified Declaration and Exhibits by Robert Gramberg (Attachments: #1 Exhibit)(Mysorewala, Josef)
October 3, 2018 Opinion or Order Filing 75 PAPERLESS ORDER: The Court denies, without prejudice, #72 the Defendants' motion for an extension of time to comply with the temporary restraining order in this case because the motion does not contain a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with all parties or non-parties who may be affected by the relief sought in a good-faith effort to resolve by agreement the issues raised in the motion. The filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion. Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Signed by Judge Robert N. Scola, Jr. on 10/3/2018. (kbe)
October 3, 2018 Filing 74 SUPPLEMENT to #71 Notice of Compliance Verified Declaration and Exhibits by Justin Rundle (Attachments: #1 Exhibit, #2 Exhibit)(Mysorewala, Josef)
October 3, 2018 Filing 73 RESPONSE to Motion re #9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action Sworn Declaration filed by Genaro Produce Incorporated, Go Wine, LLC, Rosa Amelia Mayorquin, Mayorquin Investments, LLC. Replies due by 10/10/2018. (Aresty, Joel)
October 3, 2018 Filing 72 RESPONSE to Motion re #9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action Response In Opposition to Motion for Preliminary Injunction and Order to Show Cause, Motion to Dissolve TRO and OSC, and Motion for Extension of Time for Compliance with TRO filed by Azucena Aragon, Christopher G. Aragon, Christy Aragon, Francisca Aragon, Genaro Aragon, Kasandra G. Aragon, Marlon Aragon, Rebeca Aragon, Teodoro I. Aragon, Genaro Produce Incorporated, Go Wine, LLC, Rosa Amelia Mayorquin, Mayorquin Investments, LLC. Attorney Joel Maurice Aresty added to party Mayorquin Investments, LLC(pty:dft). Replies due by 10/10/2018. (Aresty, Joel)
October 3, 2018 Filing 71 NOTICE of Compliance With Temporary Restraining Order by Justin Rundle (Mysorewala, Josef)
October 3, 2018 Filing 70 NOTICE of Compliance With Temporary Restraining Order by Robert Gramberg (Mysorewala, Josef)
October 3, 2018 Filing 69 Letter to Judge Robert N. Scola from Bruno M. Corvalan, VP Sales and Marketing (jh)
October 2, 2018 Reset Deadlines per #68 Order as to #9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action. Responses due by 10/12/2018 (asl)
October 1, 2018 Opinion or Order Filing 68 Order Setting Hearing and Extending Deadlines. Preliminary Hearing set for 10/25/2018 09:00 AM before Judge Robert N. Scola Jr.. Signed by Judge Robert N. Scola, Jr on 10/1/2018. See attached document for full details. (jas)
October 1, 2018 Opinion or Order Filing 67 ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for a settlement conference. Signed by Judge Robert N. Scola, Jr. on 10/1/2018. See attached document for full details. (jas)
October 1, 2018 Filing 66 NOTICE of Compliance re Notice of Filing Verified Declaration and Reservation of Rights as to Objections Thereto by First Bank Puerto Rico re #14 Temporary Restraining Order,, Set/Reset Motion/R&R Deadlines and Hearings, (Attachments: #1 Exhibit A) (Rodz, Aliette)
October 1, 2018 Filing 65 PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Show Cause Hearing held on 10/1/2018. Total time in court: 48 minutes. Attorney Appearance(s): Timothy Dean Henkel for Plaintiff. Joel Maurice Aresty for Aragon Defendants; Kristin Drecktrah Paz for First Bank of Puerto Rico; and Josef M Mysorewala for Justin Rundle and Robert Gramberg. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (jh)
October 1, 2018 Filing 64 AFFIDAVIT signed by : Laurie Santa Cruz. by Robert Gramberg (Mysorewala, Josef)
October 1, 2018 Filing 63 AFFIDAVIT signed by : Nydia Salas. by Justin Rundle (Mysorewala, Josef)
October 1, 2018 Filing 62 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #44 Notice (Other) of Service of Third-Party Subpoenas Duces Tecum on Witnesses to Attend Preliminary Injunction Hearing (Henkel, Timothy)
October 1, 2018 Filing 61 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #44 Notice (Other) of Service of Third-Party Subpoenas Duces Tecum on Witnesses to Attend Preliminary Injunction Hearing (Henkel, Timothy)
October 1, 2018 Filing 60 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #43 Order on Emergency Motion/Certification of Emergency, Teodoro Aragon (Henkel, Timothy)
October 1, 2018 Filing 59 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #43 Order on Emergency Motion/Certification of Emergency, Rebeca Aragon (Henkel, Timothy)
October 1, 2018 Filing 58 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #43 Order on Emergency Motion/Certification of Emergency, Christopher G. Aragon (Henkel, Timothy)
October 1, 2018 Filing 57 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #43 Order on Emergency Motion/Certification of Emergency, Kasandra G. Aragon (Henkel, Timothy)
October 1, 2018 Filing 56 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #43 Order on Emergency Motion/Certification of Emergency, Azucena Aragon a/k/a Susan Aragon (Henkel, Timothy)
October 1, 2018 Filing 55 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #43 Order on Emergency Motion/Certification of Emergency, Rosa Amelia Mayorquin a/k/a Rosa Aragon a/k/a Amelia Aragon (Henkel, Timothy)
October 1, 2018 Filing 54 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #43 Order on Emergency Motion/Certification of Emergency, Genaro Aragon (Henkel, Timothy)
October 1, 2018 Filing 53 NOTICE of Attorney Appearance by Joel Maurice Aresty on behalf of Azucena Aragon, Christopher G. Aragon, Christy Aragon, Francisca Aragon, Genaro Aragon, Kasandra G. Aragon, Marlon Aragon, Rebeca Aragon, Teodoro I. Aragon, Genaro Produce Incorporated, Go Wine, LLC, T. & G. Produce, LLC. Attorney Joel Maurice Aresty added to party Francisca Aragon(pty:dft), Attorney Joel Maurice Aresty added to party Go Wine, LLC(pty:dft), Attorney Joel Maurice Aresty added to party T. & G. Produce, LLC(pty:dft). (Aresty, Joel)
October 1, 2018 Filing 52 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #43 Order on Emergency Motion/Certification of Emergency, Justin Rundle, Esq. (Henkel, Timothy)
October 1, 2018 Filing 51 CERTIFICATE OF SERVICE by Buy Right Produce, LLC re #43 Order on Emergency Motion/Certification of Emergency, Robert Gramberg, Esq. (Henkel, Timothy)
September 30, 2018 Filing 50 NOTICE by Buy Right Produce, LLC re #47 Notice of Compliance,, #41 EMERGENCY MOTION with Certification of Emergency attached Notice of Filing Second Supplemental Declaration of Timothy Henkel, Esq. in support of Motion for Order to Show Cause (Attachments: #1 Affidavit Second Supplemental Henkel Declaration, #2 Exhibit 52 - Signs, #3 Exhibit 53 - Email to Bank's counsel) (Henkel, Timothy)
September 30, 2018 Filing 49 RESPONSE TO ORDER TO SHOW CAUSE, MEMORANDUM of Law and Motion to Dissolve or Modify Temporary Restraining Order by Robert Gramberg, Justin Rundle. (Mysorewala, Josef)
September 30, 2018 Filing 48 NOTICE of Attorney Appearance by Josef M Mysorewala on behalf of Justin Rundle, Robert Gramberg. Attorney Josef M Mysorewala added to party Justin Rundle(pty:ip), Attorney Josef M Mysorewala added to party Robert Gramberg(pty:ip). (Mysorewala, Josef)
September 30, 2018 Filing 47 NOTICE of Compliance Declaration by Azucena Aragon, Christopher G. Aragon, Christy Aragon, Francisca Aragon, Genaro Aragon, Kasandra G. Aragon, Marlon Aragon, Rebeca Aragon, Teodoro I. Aragon, Genaro Produce Incorporated, Rosa Amelia Mayorquin re #14 Temporary Restraining Order,, Set/Reset Motion/R&R Deadlines and Hearings, #43 Order on Emergency Motion/Certification of Emergency,. Attorney Joel Maurice Aresty added to party Genaro Produce Incorporated(pty:dft), Attorney Joel Maurice Aresty added to party Rosa Amelia Mayorquin (pty:dft). (Aresty, Joel)
September 30, 2018 Filing 46 NOTICE of Attorney Appearance by Joel Maurice Aresty on behalf of Azucena Aragon, Christopher G. Aragon, Christy Aragon, Genaro Aragon, Kasandra G. Aragon, Marlon Aragon, Rebeca Aragon, Teodoro I. Aragon. Attorney Joel Maurice Aresty added to party Azucena Aragon(pty:dft), Attorney Joel Maurice Aresty added to party Christopher G. Aragon(pty:dft), Attorney Joel Maurice Aresty added to party Christy Aragon(pty:dft), Attorney Joel Maurice Aresty added to party Genaro Aragon(pty:dft), Attorney Joel Maurice Aresty added to party Kasandra G. Aragon(pty:dft), Attorney Joel Maurice Aresty added to party Marlon Aragon(pty:dft), Attorney Joel Maurice Aresty added to party Rebeca Aragon(pty:dft), Attorney Joel Maurice Aresty added to party Teodoro I. Aragon(pty:dft). (Aresty, Joel)
September 28, 2018 Filing 45 NOTICE of Attorney Appearance by Kristin Drecktrah Paz on behalf of First Bank Puerto Rico. Attorney Kristin Drecktrah Paz added to party First Bank Puerto Rico(pty:dft). (Paz, Kristin)
September 28, 2018 Filing 44 NOTICE by Buy Right Produce, LLC of Service of Third-Party Subpoenas Duces Tecum on Witnesses to Attend Preliminary Injunction Hearing (Attachments: #1 Exhibit Subpoena, #2 Exhibit Subpoena) (Henkel, Timothy)
September 28, 2018 Opinion or Order Filing 43 ORDER granting #41 Emergency Motion for the Issuance of an Order to Show Cause. Show Cause Hearing set for 10/1/2018 at 2:00 PM in Miami Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr. on 9/28/2018. See attached document for full details. (kbe)
September 28, 2018 Filing 42 NOTICE by Buy Right Produce, LLC re #41 EMERGENCY MOTION with Certification of Emergency attached (Attachments: #1 Affidavit Supplemental Declaration of Timothy Henkel, Esq., #2 Exhibit 45 - Emails to First Ban's state court counsel, #3 Exhibit 46 - Email from Go Wine, LLC, #4 Exhibit 47 - Email and Fax to Aragon Defendants, #5 Exhibit 48 - Chase report on bank account freeze per TRO, #6 Exhibit 49 - Photos of Genaro Produce, Sept. 25, #7 Exhibit 50 - Photos of Genaro Produce, Sept. 27, #8 Exhibit 51 - Certificate of Emergency) (Henkel, Timothy)
September 28, 2018 Filing 41 EMERGENCY MOTION with Certification of Emergency attached by Buy Right Produce, LLC. Responses due by 10/12/2018 (Attachments: #1 Certification Certificate of Emergency)(Henkel, Timothy)
September 27, 2018 Filing 40 NOTICE of Compliance Declaration by Belkys Henriquez, Domingo Rodriguez re #14 Temporary Restraining Order,, Set/Reset Motion/R&R Deadlines and Hearings, (Velez, Arnaldo)
September 27, 2018 Filing 39 NOTICE of Attorney Appearance by Arnaldo Velez on behalf of Aloe Distributors, Inc., Belkys Henriquez, Domingo Rodriguez. Attorney Arnaldo Velez added to party Aloe Distributors, Inc.(pty:dft), Attorney Arnaldo Velez added to party Belkys Henriquez(pty:dft), Attorney Arnaldo Velez added to party Domingo Rodriguez(pty:dft). (Velez, Arnaldo)
September 26, 2018 Opinion or Order Filing 38 PAPERLESS ORDER: The Court grants #37 Defendant First Bank Puerto Rico's unopposed motion for an extension of time to comply with the Court's temporary restraining order. First Bank must provide its accounting by 5:00 p.m. on October 1, 2018. Signed by Judge Robert N. Scola, Jr. on 9/26/2018. (kbe)
September 26, 2018 Filing 37 Unopposed MOTION for Extension of Time TO COMPLY WITH TEMPORARY RESTRAINING ORDER re #14 Temporary Restraining Order,, Set/Reset Motion/R&R Deadlines and Hearings, by First Bank Puerto Rico. Attorney Aliette DelPozo Rodz added to party First Bank Puerto Rico(pty:dft). Responses due by 10/10/2018 (Attachments: #1 Text of Proposed Order)(Rodz, Aliette)
September 26, 2018 Opinion or Order Filing 36 ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 9/26/2018. See attached document for full details. (mdc)
September 25, 2018 Filing 35 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Teodoro I. Aragon served on 9/25/2018, answer due 10/16/2018. (Henkel, Timothy)
September 25, 2018 Filing 34 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. T. & G. Produce, LLC served on 9/22/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 33 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Rosa Amelia Mayorquin served on 9/22/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 32 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Rebeca Aragon served on 9/24/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 31 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Mayorquin Investments, LLC served on 9/22/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 30 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Marlon Aragon served on 9/25/2018, answer due 10/16/2018. (Henkel, Timothy)
September 25, 2018 Filing 29 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Kasandra G. Aragon served on 9/24/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 28 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Go Wine, LLC served on 9/24/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 27 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Genaro Produce Incorporated served on 9/22/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 26 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Genaro Aragon served on 9/22/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 25 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. First Bank Puerto Rico served on 9/24/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Domingo Rodriguez served on 9/24/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Christy Aragon served on 9/24/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Christopher G. Aragon served on 9/24/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Belkys Henriquez served on 9/24/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Azucena Aragon served on 9/22/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Aloe Vera Supplies Inc. served on 9/22/2018, answer due 10/15/2018. (Henkel, Timothy)
September 25, 2018 Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Buy Right Produce, LLC. Aloe Distributors, Inc. served on 9/24/2018, answer due 10/15/2018. (Henkel, Timothy)
September 24, 2018 Opinion or Order Filing 17 ORDER Granting #11 Ex Parte Motion for Leave to File Enlarged Memorandum of Law in Support of its Ex Parte Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Signed by Judge Robert N. Scola, Jr on 9/24/2018. See attached document for full details. (nc)
September 24, 2018 Opinion or Order Filing 16 Order Requiring Discovery And Scheduling Conference And Order Referring Non-Dispositive Pretrial and Discovery Matters To Magistrate Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr. on 9/24/2018. See attached document for full details. (jas)
September 21, 2018 Filing 15 NOTICE by Buy Right Produce, LLC of Filing Supplemental Declaration of Johnny Holifield in Support of Plaintiff's Motion for a Temporary Restraining Order and Motion for Preliminary Injunction (Attachments: #1 Exhibit 44 - Notices from bank re bounced check) (Henkel, Timothy)
September 21, 2018 Opinion or Order Filing 14 TEMPORARY RESTRAINING ORDER. A hearing on the Plaintiff's Motion fora Preliminary Injunction (ECF No. 9) is set at 9:30 a.m. on October 5, 2018,at Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami AvenueRoom 12-3 Miami, Florida 33128. Signed by Judge Robert N. Scola, Jr on 9/21/2018. See attached document for full details. (wc)
September 20, 2018 Filing 13 Ex Parte Document Notice of Filing the Declaration of Johnny Holifield in Support of Plaintiff's Motion for a Temporary Restraining Order and Motion for Preliminary Injunction by Buy Right Produce, LLC. (Attachments: #1 Affidavit Declaration of Johnny Holifield, #2 Exhibit 44 - Buy Right's PACA License, #3 Exhibit 45 - 2017 Annual Report filed by Genaro Produce with Florida Secretary of State, #4 Exhibit 46 - Teodoro I. Aragon's LinkedIn page on the internet site, #5 Exhibit 47 - Genaro Produce check signed by Teodoro Aragon, #6 Exhibit 48 - Buy Right's email transmittals of its invoices to Genaro Produce for sales of Produce; and copies of the invoices and bills of lading, #7 Exhibit 49 - Buy Right's current balance sheet for the debt owed by Genaro Produce, #8 Exhibit 50 - Buy Right's report showing 2018 payments from Genaro Produce and application of all partial payments in August 2018, #9 Exhibit 51 - Buy Right report showing aging of the Genaro Produce account receivable, #10 Exhibit 52 - Buy Right report showing Genaro Produce payments to Buy Right from November 1, 2017 to August 24, 2018, #11 Exhibit 53 - 2018 communications via email and text messages between Buy Right and Genaro Produce, #12 Exhibit 54 - Bounced checks paid by Genaro Produce and/or notifications from Buy Right's bank of bounced checks from Genaro Produce, #13 Exhibit 55 - USDA letter dated July 16, 2018 to Genaro Produce in the informal PACA complaint proceedings filed by Buy Right) (Henkel, Timothy) Modified on 10/9/2018 unsealed per de #88(dj).
September 20, 2018 Filing 12 Ex Parte Document Notice of Filing the Declaration of Timothy Henkel, Esq., in Support of Plaintiff's Motion for a Temporary Restraining Order and Motion for Preliminary Injunction; and Also the Rule 65(b)(1)(B) Certification for the TRO by Plaintiff's Counsel by Buy Right Produce, LLC. (Attachments: #1 Affidavit Declaration of Timothy Henkel, Esq., #2 Exhibit 4 - Genaro Produce's corporation information on sunbiz.org, #3 Exhibit 5 - Genaro Produce's PACA license, #4 Exhibit 6 - Photographs of Genaro Produce offices and warehouse, July 14, 2018, #5 Exhibit 7 - Photographs of Genaro Produce offices and warehouse, July 16, 2018, #6 Exhibit 8 - Photographs of Genaro Produce offices, July 20, 2018, #7 Exhibit 9 - Photographs of Genaro Produce offices and warehouse, August 20, 2018, #8 Exhibit 10 - Photographs of Genaro Produce offices, August 20, 2018, #9 Exhibit 11 - Photographs of Genaro and Rosa Aragon residence, July 15, 2018, #10 Exhibit 12 - Miami-Dade Property Appraiser's website reports on Genaro and Rosa Aragon residence, #11 Exhibit 13 - Photographs of Genaro and Rosa Aragon Hialeah Gardens residence, August 21, 2018, #12 Exhibit 14 - Photographs of Christopher Aragon residence, #13 Exhibit 15 - Miami-Dade Property Appraiser's website reports on Christopher Aragon's Hialeah Gardens residence, #14 Exhibit 16 - Photographs of Azucena and Francisca Aragon Homestead residence, #15 Exhibit 17 - Miami-Dade Property Appraiser's reports on Azucena and Francisca Aragon Homestead residence, #16 Exhibit 18 - Final Judgment of Deficiency in favor of First Bank against Genaro Produce, Genaro Aragon, his wife Rosa, and his brother Teodoro, #17 Exhibit 19 - Docket Sheet, First Bank Puerto Rico v. Genaro Produce, #18 Exhibit 20 - Notice of appearance of counsel for First Bank, #19 Exhibit 21 - First Bank's writ of execution, #20 Exhibit 22 - First Bank's motion for garnishment, garnishee's answer, agreed motion, and agreed order, #21 Exhibit 23 - First Bank's motion for proceedings supplemental, and order granting the motion, #22 Exhibit 24 - Deed for the Naples, Florida land of Genaro and Rosa Aragon, #23 Exhibit 25 - Deed for the Tennessee land of Genaro and Rosa Aragon, #24 Exhibit 26 - Deed for the Tennessee land of Teodoro Aragon and his wife, #25 Exhibit 27 - Miami-Dade Property Appraiser's report, Miami-Dade County Recorders report, and deed for transfer of Marina Blue condominium to Kassandra Aragon, #26 Exhibit 28 - Miami-Dade Property Appraiser's report and deed for transfer of the Hialeah Gardens residence to Christopher Aragon, #27 Exhibit 29 - Miami-Dade Property Appraiser's report on the property at 2830 S.W. 38 Avenue, Miami, #28 Exhibit 30 - Deed for the transfer of the residence from Mayorquin Investments, LLC to Raquel Soza, #29 Exhibit 31 - Florida company information on Mayorquin Investments, LLC, #30 Exhibit 32 - Photographs of residence at 2830 S.W. 38 Avenue, Miami, #31 Exhibit 33 - Lexis/Nexis report on Raquel Soza (redacted, including as to birthdates and social security numbers), #32 Exhibit 34 - Company information on T. & G. Produce, #33 Exhibit 35 - G & T Produce Inc. company information, #34 Exhibit 36 - Aloe Distributors company information, #35 Exhibit 37 - Unsatisfied judgment in Leyenda Fresh Farms, Inc. v. Genaro Produce, #36 Exhibit 38 - Docket sheet for the Leyenda Fresh Farms case, #37 Exhibit 39 - Complaint in the Leyenda Fresh Farms case, #38 Exhibit 40 - Blue Book credit report on Genaro Produce, #39 Exhibit 41 - Red Book credit report on Genaro Produce, #40 Exhibit 42 - Motion and distribution chart showing proposed payments to the PACA Trust creditors in the Produce Connection bankruptcy, #41 Exhibit 43 - Three mortgages on the Hialeah Gardens residence of Genaro and Rosa Aragon) (Henkel, Timothy) Modified on 10/9/2018 unsealed per de #88(dj).
September 20, 2018 Filing 11 Plaintiff's EX PARTE MOTION for Leave to File Enlarged Memorandum of Law in Support of its Ex Parte Motion for Temporary Restraining Order and Motion for Preliminary Injunction by Buy Right Produce, LLC. unsealed per de# 88(Henkel, Timothy) Modified on 10/9/2018 (dj).
September 20, 2018 Filing 10 Ex Parte Document Memorandum of Law in Support of its Motion for an Ex Parte Temporary Restraining Order and Motion for Preliminary Injunction by Buy Right Produce, LLC. (Henkel, Timothy) Modified on 10/9/2018 unseal per de #88 (dj).
September 20, 2018 Filing 9 Plaintiff's MOTION for Preliminary Injunction to Restrain the Dissipation and Conversion of the PACA Trust Assets During the Pendency of this Action by Buy Right Produce, LLC. (Henkel, Timothy)
September 20, 2018 Filing 8 Plaintiff's EX PARTE MOTION for Temporary Restraining Order to Remedy Ongoing Dissipation and Conversion of the PACA Trust by Buy Right Produce, LLC. (Attachments: #1 Text of Proposed Order) (Henkel, Timothy) Modified by Unsealing Document per 131 Paperless Order on 10/31/2018 (nc).
September 19, 2018 Filing 7 Summons Issued as to Teodoro I. Aragon. (jas)
September 18, 2018 Filing 6 Corporate Disclosure Statement by Buy Right Produce, LLC (Henkel, Timothy)
September 18, 2018 Filing 5 NOTICE of Filing Proposed Summons(es) Teodoro I. Aragon by Buy Right Produce, LLC (Henkel, Timothy)
September 18, 2018 Filing 4 Summons Issued as to Aloe Distributors, Inc., Aloe Vera Supplies Inc., Azucena Aragon, Christopher G. Aragon, Christy Aragon, Francisca Aragon, Genaro Aragon, Kasandra G. Aragon, Marlon Aragon, Rebeca Aragon, First Bank Puerto Rico, Genaro Produce Incorporated, Go Wine, LLC, Belkys Henriquez, Rosa Amelia Mayorquin, Mayorquin Investments, LLC, Domingo Rodriguez, T. & G. Produce, LLC. (jas)
September 17, 2018 Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies), Teodoro Aragon on the summons(es) does not match the initiating documents. (jas)
September 17, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (jas)
September 17, 2018 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11000045, filed by Buy Right Produce, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Buy Right Invoices to Genaro Produce, #4 Exhibit Current Account Statement, #5 Exhibit PACA Trust Chart)(Henkel, Timothy)

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Search for this case: Buy Right Produce, LLC v. Genaro Produce Incorporated et al
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Defendant: Genaro Produce Incorporated
Represented By: Joel Maurice Aresty
Represented By: Michael S. Hoffman
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Defendant: Marlon Aragon
Represented By: Joel Maurice Aresty
Represented By: Anthony Accetta
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Defendant: Christopher G. Aragon
Represented By: Joel Maurice Aresty
Represented By: Anthony Accetta
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Defendant: First Bank Puerto Rico
Represented By: Aliette DelPozo Rodz
Represented By: Kristin Drecktrah Paz
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Defendant: Rosa Amelia Mayorquin
Represented By: Joel Maurice Aresty
Represented By: Michael S. Hoffman
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Defendant: Go Wine, LLC
Represented By: Joel Maurice Aresty
Represented By: Richard Alan Alayon
Represented By: Alexis Hernandez
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Defendant: Domingo Rodriguez
Represented By: Arnaldo Velez
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Defendant: Teodoro I. Aragon
Represented By: Joel Maurice Aresty
Represented By: Anthony Accetta
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Defendant: Belkys Henriquez
Represented By: Arnaldo Velez
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Defendant: Azucena Aragon
Represented By: Joel Maurice Aresty
Represented By: Anthony Accetta
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Defendant: Aloe Vera Supplies Inc.
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Defendant: Mayorquin Investments, LLC
Represented By: Joel Maurice Aresty
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Defendant: Genaro Aragon
Represented By: Joel Maurice Aresty
Represented By: Michael S. Hoffman
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Defendant: Kasandra G. Aragon
Represented By: Joel Maurice Aresty
Represented By: Anthony Accetta
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Defendant: Rebeca Aragon
Represented By: Joel Maurice Aresty
Represented By: Anthony Accetta
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Defendant: Francisca Aragon
Represented By: Joel Maurice Aresty
Represented By: Anthony Accetta
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Defendant: T. & G. Produce, LLC
Represented By: Joel Maurice Aresty
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Defendant: Aloe Distributors, Inc.
Represented By: Arnaldo Velez
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Defendant: Christy Aragon
Represented By: Joel Maurice Aresty
Represented By: Anthony Accetta
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Plaintiff: Buy Right Produce, LLC
Represented By: Timothy Dean Henkel
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