Produce Pay, Inc. v. Freshway Produce, Inc. et al
Plaintiff: Produce Pay, Inc.
Defendant: Freshway Produce, Inc., Jose M. Roggiero and Ricardo E. Roggiero
Case Number: 1:2018cv24367
Filed: October 22, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: Edwin G Torres
Referring Judge: Kathleen M Williams
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 28, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 28, 2018 Opinion or Order Filing 15 ORDER DISMISSING CASE Closing Case. Signed by Judge Kathleen M. Williams on 11/27/2018. See attached document for full details. (cqs)
November 21, 2018 Filing 14 NOTICE of Voluntary Dismissal of Action Without Prejudice pursuant to Rule 41(a)(1)(i) by Produce Pay, Inc. (Dillworth, Drew)
October 25, 2018 Opinion or Order Filing 13 PAPERLESS ORDER denying as moot #6 Motion for Temporary Restraining Order; denying as moot #8 Motion for Preliminary Injunction. The motions are Denied as moot and without prejudice upon notice from Plaintiff at the evidentiary hearing previously scheduled on the motions that the parties may have reached a resolution of the case. Accordingly the motions are Denied with leave to renew if necessary. Signed by Magistrate Judge Edwin G. Torres on 10/25/2018. (EGT)
October 24, 2018 Filing 12 NOTICE by Produce Pay, Inc. re #8 MOTION for Preliminary Injunction with Memo of Law, Declaration and Exhibits in Support, #4 Summons Issued, #6 MOTION for Temporary Restraining Order with Memo or Law, Declaration and Exhibits in Support, 11 Order on Motion for Preliminary Injunction,,,,, #5 Certificate of Interested Parties/Corporate Disclosure Statement, #1 Complaint,, #7 Statement (Dillworth, Drew)
October 23, 2018 Opinion or Order Filing 11 PAPERLESS ORDER SETTING EVIDENTIARY HEARING ON #8 Motion for Preliminary Injunction. Upon review of the motion, referred for disposition, the Court finds good cause to expedite an evidentiary hearing on the motion for temporary restraining order and motion for preliminary injunction. Accordingly, Defendants, Freshway Produce, Inc. through its officers Jose and Ricardo Roggiero, are ORDERED to appear at a hearing before the Court on the motions and present evidence why the relief requested should not be granted. Failure to appear at the hearing, with counsel, may be deemed to be a default under Local Rule 7.1, entitling Plaintiff to the relief it seeks. Federal law requires that a corporation cannot appear pro se and must be represented by counsel. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985); National Independent Theater Exhibitors, Inc. v. Buena Vista Distribution Co., 748 F.2d 602, 609 (11th Cir. 1985).Plaintiff is ORDERED to serve a hardcopy of this Paperless Order, by process server, upon the named Defendants no later than 5 p.m., October 23, 2018, and file notice of such service on the docket. Evidentiary Hearing set for 10/25/2018 09:30 AM in Miami Division before Magistrate Judge Edwin G. Torres, United States Courthouse, James Lawrence King Bldg., Courtroom 5 - Tenth Floor, 99 N.E. 4th Street, Miami, Florida. Signed by Magistrate Judge Edwin G. Torres on 10/23/2018. (EGT)
October 23, 2018 Opinion or Order Filing 10 PAPERLESS ORDER REFERRING #8 MOTION for Preliminary Injunction and #6 MOTION for Temporary Restraining Order. THIS MATTER is before the Court on Plaintiff's motion for a temporary restraining order and motion for a preliminary injunction. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Plaintiff's motions #8 , #6 are REFERRED to United States Magistrate Judge Edwin G. Torres for a report and recommendation. Signed by Judge Kathleen M. Williams on 10/23/2018. (jws)
October 23, 2018 Filing 8 MOTION for Preliminary Injunction with Memo of Law, Declaration and Exhibits in Support by Produce Pay, Inc.. (Attachments: #1 Affidavit Declaration of Plaintiff in Support, #2 Exhibit A - Plaintiff USDA PACA License, #3 Exhibit Defendant USDA PACA License, #4 Exhibit C - Distribution Agreement, #5 Exhibit D - Invoices, #6 Exhibit E - Sale Confirmations)(Dillworth, Drew)
October 23, 2018 Filing 7 Statement of: Attorney Certificate Why Notice Should Not Be Required Under Rule 65(b) by Produce Pay, Inc. re #6 MOTION for Temporary Restraining Order with Memo or Law, Declaration and Exhibits in Support (Dillworth, Drew)
October 23, 2018 Filing 6 MOTION for Temporary Restraining Order with Memo or Law, Declaration and Exhibits in Support by Produce Pay, Inc.. Responses due by 11/6/2018 (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit A -Plaintiff USDA PACA License, #3 Exhibit B - Defendant USDA PACA License, #4 Exhibit C - Districtuion Agreement, #5 Exhibit D - Invoices, #6 Exhibit E - Sale Confirmations)(Dillworth, Drew)
October 23, 2018 Filing 5 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Produce Pay, Inc. (Dillworth, Drew)
October 22, 2018 Filing 9 Clerks Notice of Docket Correction re #4 Summons Issued. Main document replaced to reflect case number on summons issued by Clerk. (mee)
October 22, 2018 Filing 4 Summons Issued as to Freshway Produce, Inc., Jose M. Roggiero, Ricardo E. Roggiero. (mee) (Main Document 4 replaced on 10/23/2018) (mee).
October 22, 2018 Opinion or Order Filing 3 PAPERLESS ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, all discovery disputes and non-dispositive pretrial motions are REFERRED to Magistrate Judge Edwin G. Torres. It is further ORDERED that the Parties shall adhere to the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, Judge Williams' Court Practices and Procedures, and Judge Torres' Standing Order Setting Discovery Procedures. Judge Williams' Court Practices and Procedures and Judge Torres' Standing Order Setting Discovery Procedures are available at the Court's website: # http://www.flsd.uscourts.gov/content/judge-kathleen-m-williams. Signed by Judge Kathleen M. Williams on 10/22/2018. (jws)
October 22, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. (mee)
October 22, 2018 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11095684, filed by Produce Pay, Inc.. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - Annual Corp Report, #3 Exhibit C - Blue Book Listing, #4 Exhibit D - Chart and Confirmations of Sale, #5 Exhibit E - Distribution Agreement, #6 Exhibit F - Invoices, #7 Civil Cover Sheet, #8 Summon(s) Freshway Produce Inc., #9 Summon(s) Jose M. Roggiero, #10 Summon(s) Ricardo E. Roggiero)(Dillworth, Drew)

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Defendant: Freshway Produce, Inc.
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Defendant: Jose M. Roggiero
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Defendant: Ricardo E. Roggiero
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Plaintiff: Produce Pay, Inc.
Represented By: Drew Michael Dillworth
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