DOLE FRESH FRUIT COMPANY v. American Fruit & Produce, Corp. et al
Plaintiff: DOLE FRESH FRUIT COMPANY
Defendant: Hugo Acosta, Jr., David Acosta, Michael Acosta, Daniel Acosta, American Fruit & Produce, Corp and American Fruit & Produce, Corp.
Case Number: 1:2020cv20450
Filed: January 31, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Jacqueline Becerra
Referring Judge: K Michael Moore
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 February 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2020 Deadline(s)/Hearing(s) terminated as per DE 20 . (lk)
February 12, 2020 Opinion or Order Filing 20 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal with Prejudice. #19 . Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1). In this case, neither an answer nor motion for summary judgment has been filed. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 2/12/2020. (mh01)
February 11, 2020 Filing 19 NOTICE of Voluntary Dismissal with Prejudice by DOLE FRESH FRUIT COMPANY (Barmat, Marc)
February 11, 2020 Filing 18 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Status Conference held on 2/11/2020. Order to follow. Attorney Appearance(s): Gregory Brown, Marc Philip Barmat, (Digital 09:57:33) (dgj)
February 10, 2020 Opinion or Order Filing 17 PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #15 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #15 is GRANTED. Gregory Brown may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to gbrown@mccarronlaw.com. Signed by Chief Judge K. Michael Moore on 2/10/2020. (mh01)
February 10, 2020 Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DOLE FRESH FRUIT COMPANY. David Acosta served on 2/6/2020, answer due 2/27/2020; Hugo Acosta, Jr served on 2/6/2020, answer due 2/27/2020; Michael Acosta served on 2/6/2020, answer due 2/27/2020; American Fruit & Produce, Corp. served on 2/6/2020, answer due 2/27/2020. (Barmat, Marc)
February 10, 2020 Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory Brown. Filing Fee $ 75.00 Receipt # AFLSDC-12427787 by DOLE FRESH FRUIT COMPANY. Responses due by 2/24/2020 (Barmat, Marc)
February 10, 2020 Filing 14 PAPERLESS NOTICE OF TELEPHONIC STATUS HEARING. THIS CAUSE is set for a Telephonic Status Hearing on Plaintiff's Motion for Preliminary Injunction, ECF No. #6 , on Tuesday, February 11, 2020, at 10:00 a.m. in Miami Division, before Magistrate Judge Jacqueline Becerra (USA Toll-Free Number: 866-390-1828; Access Code: 2046890). (nm00)
February 4, 2020 Opinion or Order Filing 13 PAPERLESS ORDER OF REFERRAL TO MAGISTRATE. PURSUANT to 28 U.S.C. 636, and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law and/or issue a report and recommendation regarding Plaintiff's Ex Parte Motion for Expedited Temporary Restraining Order 5 and Motion for Preliminary Injunction #6 . On February 4, 2020, this Court entered an Order Granting Plaintiff's Ex Parte Motion for Expedited Temporary Restraining Order but the remainder of the Motion is referred to Magistrate Judge Becerra. Signed by Chief Judge K. Michael Moore on 2/4/2020. (mh01)
February 4, 2020 Opinion or Order Filing 11 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 2/4/2020. (mh01)
February 4, 2020 Opinion or Order Filing 10 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 2/4/2020. (mh01)
February 4, 2020 SYSTEM ENTRY - Docket Entry 12 [order] restricted/sealed until further notice. (ra)
February 3, 2020 Filing 9 NOTICE of ATTORNEY CERTIFICATION WHY NOTICE SHOULD NOT BE REQUIRED PURSUANT TO FED. R. CIV. P. 60(b) by DOLE FRESH FRUIT COMPANY re #6 MOTION for Preliminary Injunction (Barmat, Marc) Text Modified on 2/3/2020 (ail).
February 3, 2020 Filing 8 AFFIDAVIT in Support re #6 MOTION for Preliminary Injunction and 5 Ex Parte Motion for Expedited Temporary Restraining Order filed by DOLE FRESH FRUIT COMPANY. (Attachments: #1 Exhibit Dole Fresh Fruit Company License, #2 Exhibit American Fruit & Produce Corp License, #3 Exhibit Invoices, #4 Exhibit Checks, #5 Exhibit Response from Hugo Acosta, #6 Exhibit Blue Book Report)(Barmat, Marc)
February 3, 2020 Filing 7 MEMORANDUM in Support re #6 MOTION for Preliminary Injunction and 5 Ex Parte Motion for Expedited Temporary Restraining Order by DOLE FRESH FRUIT COMPANY. (Barmat, Marc)
February 3, 2020 Filing 6 MOTION for Preliminary Injunction by DOLE FRESH FRUIT COMPANY. (Attachments: #1 Text of Proposed Order)(Barmat, Marc)
February 3, 2020 Filing 4 Corporate Disclosure Statement by DOLE FRESH FRUIT COMPANY (Barmat, Marc)
February 3, 2020 Filing 3 Summons Issued as to Daniel Acosta, David Acosta, Hugo Acosta, Jr., Michael Acosta, American Fruit & Produce, Corp. (ar2)
February 3, 2020 SYSTEM ENTRY - Docket Entry 5 [motion] restricted/sealed until further notice. (715293)
January 31, 2020 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (ar2)
January 31, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12382550, filed by DOLE FRESH FRUIT COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) American Fruit & Produce, #3 Summon(s) Hugo Acosta Jr, #4 Summon(s) David Acosta, #5 Summon(s) Michael Acosta, #6 Summon(s) Daniel Acosta)(Barmat, Marc)

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Defendant: Hugo Acosta, Jr.
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Defendant: David Acosta
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Defendant: Michael Acosta
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Defendant: Daniel Acosta
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Defendant: American Fruit & Produce, Corp
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Defendant: American Fruit & Produce, Corp.
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Plaintiff: DOLE FRESH FRUIT COMPANY
Represented By: Marc Philip Barmat
Represented By: Gregory Brown
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