Premier Produce Services LLC v. Osha Produce LLC et al
Plaintiff: Premier Produce Services LLC
Defendant: Osha Produce LLC, Yendry Toboso, Jesse J. Fernandez and Andres Eduardo Nash Diez
Case Number: 1:2018cv24595
Filed: November 1, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: Federico A Moreno
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 August 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2018 Filing 23 Clerks Entry of Default as to Yendry Toboso, Andres E. Nash, Jesse J. Fernandez, Osha Produce LLC per Order Directing Clerk to Enter Default Re: #22 Signed by DEPUTY CLERK on 12/21/2018. (pes)
December 20, 2018 Opinion or Order Filing 22 Order Directing Clerk to Enter Default as to All Defendants. Signed by Judge Federico A. Moreno on 12/19/2018. See attached document for full details. (ap00)
November 30, 2018 Filing 21 ANSWER to Order/Garnishment by Branch Banking and Trust Company. Reply/Objections to Writ Answer due by 12/20/2018. (pes)
November 28, 2018 Opinion or Order Filing 20 ORDER granting #6 Motion for Preliminary Injunction. Signed by Judge Federico A. Moreno on 11/28/2018. See attached document for full details. (ap00)
November 28, 2018 Opinion or Order Filing 19 ORDER granting #11 Motion to Appear Pro Hac Vice. Signed by Judge Federico A. Moreno on 11/28/2018. See attached document for full details. (ap00)
November 27, 2018 Filing 17 Clerks Notice to Filer re #13 Certificate of Service, Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 15 Summons Returned Executed, 16 Summons Returned Executed. It is not necessary to refile this document. (pes)
November 26, 2018 Filing 18 Minute Entry for proceedings held before Judge Federico A. Moreno: Miscellaneous Hearing held on 11/26/2018. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. (sc)
November 26, 2018 Filing 16 SUMMONS (Affidavit) Returned Executed on #12 Amended Complaint, with a 21 day response/answer filing deadline Andres Eduardo Nash Diez served on 11/23/2018, answer due 12/14/2018. See DE #13 for image. (pes)
November 26, 2018 Filing 15 SUMMONS (Affidavit) Returned Executed on #12 Amended Complaint, with a 21 day response/answer filing deadline Jesse J. Fernandez served on 11/23/2018, answer due 12/14/2018. See DE #13 for image. (pes)
November 26, 2018 Filing 14 Summons Issued as to Andres Eduardo Nash Diez, Jesse J. Fernandez, Osha Produce LLC. (pes)
November 26, 2018 Filing 13 CERTIFICATE OF SERVICE by Premier Produce Services LLC re #5 Certificate of Counsel, #4 MOTION for Temporary Restraining Order and Memorandum of Law in Support Thereof, #12 Amended Complaint, #7 Order on Motion for Temporary Restraining Order, #1 Complaint, #6 MOTION for Preliminary Injunction and to Consolidate Hearing with the Trial on the Merits on defendants Andres Eduardo Nash and Jesse J. Fernandez (Dillworth, Drew)
November 21, 2018 Filing 12 AMENDED COMPLAINT against All Defendants, filed by Premier Produce Services LLC. (Attachments: #1 Exhibit A - PACA license, #2 Exhibit B - Osha annual report, #3 Exhibit C - Osha blue book, #4 Exhibit D - BOL, Invoice, #5 Exhibit E - payment terms, #6 Exhibit F - account details, #7 Summon(s) Nash, #8 Summon(s) Fernandez, #9 Summon(s) Osha (2))(Dillworth, Drew)
November 21, 2018 Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason R. Klinowski. Filing Fee $ 75.00 Receipt # 113C-11180825 by Premier Produce Services LLC. Responses due by 12/5/2018 (Attachments: #1 Certification, #2 Text of Proposed Order)(Dillworth, Drew)
November 19, 2018 Filing 10 CERTIFICATE OF SERVICE by Premier Produce Services LLC re #7 Order on Motion for Temporary Restraining Order on Branch Banking and Trust Company, Bank of America, Ameircan Airlines Credit Union (Attachments: #1 Affidavit of Service, #2 Affidavit of Service)(Dillworth, Drew)
November 19, 2018 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Premier Produce Services LLC. Yendry Toboso served on 11/16/2018, answer due 12/7/2018. (Dillworth, Drew)
November 19, 2018 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Premier Produce Services LLC. Osha Produce LLC served on 11/16/2018, answer due 12/7/2018. (Dillworth, Drew)
November 15, 2018 Opinion or Order Filing 7 Temporary Restraining Order. Hearing set for Monday November 26, 2018 at 9:15 A.M. Signed by Judge Federico A. Moreno on 11/15/2018. See attached document for full details. (ap00)
November 7, 2018 Filing 6 MOTION for Preliminary Injunction and to Consolidate Hearing with the Trial on the Merits by Premier Produce Services LLC. (Dillworth, Drew)
November 7, 2018 Filing 5 CERTIFICATE of Counsel re #4 MOTION for Temporary Restraining Order and Memorandum of Law in Support Thereof - Certificate Why Notice Should Not be Required under Rule 65(b) by Drew Michael Dillworth on behalf of Premier Produce Services LLC (Dillworth, Drew)
November 7, 2018 Filing 4 MOTION for Temporary Restraining Order and Memorandum of Law in Support Thereof by Premier Produce Services LLC. Responses due by 11/21/2018 (Attachments: #1 Affidavit, #2 Exhibit A - PACA license, #3 Exhibit B - PACA commodities, #4 Exhibit C - BOL and invoices, #5 Exhibit D - Agreement terms, #6 Text of Proposed Order)(Dillworth, Drew)
November 2, 2018 Filing 3 Summons Issued as to Osha Produce LLC, Yendry Toboso. (jao)
November 1, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (jao)
November 1, 2018 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11128470, filed by Premier Produce Services LLC. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - Osha Annual Report, #3 Exhibit C - Blue Book listing, #4 Exhibit D - BOLO chart and invoices, #5 Exhibit E - Terms, #6 Civil Cover Sheet, #7 Summon(s) Osha Produce, #8 Summon(s) Toboso)(Dillworth, Drew)

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Defendant: Osha Produce LLC
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Defendant: Yendry Toboso
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Defendant: Jesse J. Fernandez
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Defendant: Andres Eduardo Nash Diez
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Plaintiff: Premier Produce Services LLC
Represented By: Drew Michael Dillworth
Represented By: Jason R. Klinowski
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