Produce Pay, Inc. v. Agrosale, Inc. et al
Plaintiff: Produce Pay, Inc.
3Rd Party Plaintiff: Bertha Ferrer, Samuel Rosado, Carlos Garcia, Ernesto Ferrer and Agrosale, Inc.
3Rd Party Defendant: Guadalberto Rodriguez Rodriguez, Guadalberto Rodriguez Feliciano, Caribbean Produce Exchange LLC, Drip Capital Inc., Plus 58 Investment, LLC and Comercializadora Agropecuaria del Tropico S.A. de C.V.
Case Number: 1:2020cv22585
Filed: June 23, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Referring Judge: Edwin G Torres
Nature of Suit: Agriculture Acts
Cause of Action: 07:0499
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2020 Filing 31 NOTICE of Filing Discovery: Joint Discovery Plan and Conference Report by Produce Pay, Inc..(Dillworth, Drew)
August 26, 2020 Filing 30 Produce Pay, Inc.'s ANSWER to Counterclaim Affirmative Defenses, and Avoidances by Produce Pay, Inc.. (Dillworth, Drew)
August 25, 2020 Opinion or Order Filing 29 PAPERLESS ORDER: The Court grants #28 counsel's motion to appear pro hac vice. Attorney Jason R. Klinowski of the law firm Wallace, Jordan, Ratliff & Brandt, LLC, is given permission to appear and participate in this matter on behalf of Plaintiff Produce Pay, Inc. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe)
August 21, 2020 Filing 28 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason R. Klinowski, Esq.. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #11 Motion to Appear Pro Hac Vice, by Produce Pay, Inc.. Responses due by 9/4/2020 (Dillworth, Drew)
August 20, 2020 Filing 27 Summons Issued as to Caribbean Produce Exchange LLC, Comercializadora Agropecuaria del Tropico S.A. de C.V., Drip Capital Inc., Plus 58 Investment, LLC, Guadalberto Rodriguez Feliciano, Guadalberto Rodriguez Rodriguez. (pes)
August 19, 2020 Filing 26 NOTICE of Filing Proposed Summons(es) by Agrosale, Inc. re #23 Answer to Complaint,,, Third Party Complaint,,, Counterclaim,, filed by Ernesto Ferrer, Carlos Garcia, Bertha Ferrer, Samuel Rosado, Agrosale, Inc. (Attachments: #1 Summon(s) Proposed Summons for PLUS 58 Investment, LLC, #2 Summon(s) Proposed Summons for DRIP Capital Inc., #3 Summon(s) Proposed Summons for Comercializadora Agropecuaria del Tropico S.A. de C.V., #4 Summon(s) Proposed Summons for Caribbean Produce Exchange LLC, #5 Summon(s) Proposed Summons for Guadalberto Rodriguez Feliciano, #6 Summon(s) Proposed Summons for Guadalberto Rodriguez Rodriguez) (Warner, Susan)
August 12, 2020 Deadline(s)/Hearing(s) terminated, set in error see DE 25 for details (jao)
August 12, 2020 Filing 25 Clerks Notice of Docket Correction re #24 Scheduling Order,,, Order Referring Case to Mediation,,. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 20-cv-200565-RNS. (jao)
August 12, 2020 Opinion or Order Filing 24 Scheduling Order And Order Of Referral To Mediation: ( Jury Trial set for 7/19/2021 in Miami Division before Judge Robert N. Scola Jr.., Calendar Call set for 7/13/2021 09:00 AM in Miami Division before Judge Robert N. Scola Jr., Mediation Deadline 4/8/2021.) Signed by Judge Robert N. Scola, Jr on 8/11/2020. See attached document for full details. (jao) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. Document was filed in the wrong case, refiling in correct case(20-cv-22585-RNS) (jao).
August 5, 2020 Filing 23 Defendants/Counter-Plaintiff's ANSWER and Affirmative Defenses to Complaint with Jury Demand , THIRD PARTY COMPLAINT with Jury Demand against Plus 58 Investment, LLC, Guadalberto Rodriguez Rodriguez, Comercializadora Agropecuaria del Tropico S.A. de C.V., Guadalberto Rodriguez Feliciano, Drip Capital Inc., Caribbean Produce Exchange LLC, COUNTERCLAIM with Jury Demand against Produce Pay, Inc. by Samuel Rosado, Ernesto Ferrer, Agrosale, Inc., Bertha Ferrer, Carlos Garcia. (Compres, Tiffany)
July 28, 2020 Opinion or Order Filing 22 PAPERLESS ORDER: The Court grants #21 the Defendants' unopposed motion for an extension of time to respond to the complaint. The Defendants must respond to the complaint on or before August 5, 2020. Further extensions will not be considered absent particularly extenuating circumstances. Signed by Judge Robert N. Scola, Jr. (kbe)
July 28, 2020 Filing 21 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Agrosale, Inc., Bertha Ferrer, Ernesto Ferrer, Carlos Garcia, Samuel Rosado. (Compres, Tiffany)
July 27, 2020 Filing 20 NOTICE of Attorney Appearance by Tiffany Natasha Compres on behalf of Agrosale, Inc., Bertha Ferrer, Ernesto Ferrer, Carlos Garcia, Samuel Rosado. Attorney Tiffany Natasha Compres added to party Agrosale, Inc. (pty:dft), Attorney Tiffany Natasha Compres added to party Bertha Ferrer(pty:dft), Attorney Tiffany Natasha Compres added to party Ernesto Ferrer(pty:dft), Attorney Tiffany Natasha Compres added to party Carlos Garcia(pty:dft), Attorney Tiffany Natasha Compres added to party Samuel Rosado(pty:dft). (Compres, Tiffany)
July 17, 2020 Filing 19 CERTIFICATE OF SERVICE by Produce Pay, Inc. re #14 Order Referring Case to Magistrate Judge, #15 Order, 13 Order on Motion to Appear Pro Hac Vice,,,,, (Dillworth, Drew)
July 14, 2020 Opinion or Order Filing 18 PAPERLESS ORDER: The Court grants #17 the Defendants' unopposed motion for an extension of time to respond to the complaint. The Defendants must respond to the complaint on or before July 29, 2020. Signed by Judge Robert N. Scola, Jr. (kbe)
July 14, 2020 Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Agrosale, Inc., Bertha Ferrer, Ernesto Ferrer, Carlos Garcia, Samuel Rosado. (Warner, Susan)
July 14, 2020 Filing 16 NOTICE of Attorney Appearance by Susan Virginia Warner on behalf of Agrosale, Inc., Bertha Ferrer, Ernesto Ferrer, Carlos Garcia, Samuel Rosado. Attorney Susan Virginia Warner added to party Agrosale, Inc. (pty:dft), Attorney Susan Virginia Warner added to party Bertha Ferrer(pty:dft), Attorney Susan Virginia Warner added to party Ernesto Ferrer(pty:dft), Attorney Susan Virginia Warner added to party Carlos Garcia(pty:dft), Attorney Susan Virginia Warner added to party Samuel Rosado(pty:dft). (Warner, Susan)
July 8, 2020 Opinion or Order Filing 15 ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 7/8/2020. See attached document for full details. (mdc)
July 2, 2020 Opinion or Order Filing 14 Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 7/1/2020. See attached document for full details. (cds)
June 29, 2020 Opinion or Order Filing 13 PAPERLESS ORDER: The Court denies, without prejudice, #11 and #12 counsel's motions to appear pro hac vice. As the Clerk has advised the Court, the motions do not comply with Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline in that local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. A sample motion can be found on the Court's website. Signed by Judge Robert N. Scola, Jr. (kbe)
June 26, 2020 Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katie E. Willoughby. Filing Fee $ 200.00 Receipt # AFLSDC-13093247 by Produce Pay, Inc.. Responses due by 7/10/2020 (Dillworth, Drew)
June 26, 2020 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 $ 200.00 Receipt # AFLSDC-13093187 by Produce Pay, Inc.. Responses due by 7/10/2020 (Dillworth, Drew)
June 25, 2020 Filing 10 Initial Disclosure(s) of Corporate Disclosure Statement by Produce Pay, Inc. (Dillworth, Drew)
June 25, 2020 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Produce Pay, Inc.. Samuel Rosado served on 6/25/2020, answer due 7/16/2020. (Dillworth, Drew)
June 25, 2020 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Produce Pay, Inc.. Carlos Garcia served on 6/24/2020, answer due 7/15/2020. (Dillworth, Drew)
June 25, 2020 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Produce Pay, Inc.. Bertha Ferrer served on 6/24/2020, answer due 7/15/2020. (Dillworth, Drew)
June 25, 2020 Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Produce Pay, Inc.. Agrosale, Inc. served on 6/24/2020, answer due 7/15/2020. (Dillworth, Drew)
June 25, 2020 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Produce Pay, Inc.. Ernesto Ferrer served on 6/24/2020, answer due 7/15/2020. (Dillworth, Drew)
June 23, 2020 Filing 4 Bar Letter re: Admissions sent to attorney Jason R. Klinowski, mailing date 06/23/2020. (cco)
June 23, 2020 Filing 3 Summons Issued as to Agrosale, Inc., Bertha Ferrer, Ernesto Ferrer, Carlos Garcia, Samuel Rosado. (jao)
June 23, 2020 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. (jao)
June 23, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13070544, filed by Produce Pay, Inc., a Delaware corporaton. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Agrosales Corporate Documents, #4 Exhibit B - Agrosales PACA license, #5 Exhibit C - Unpaid Invoices, #6 Exhibit D - Notice of Intent to Preserve Trust benefits, #7 Exhibit E - Notice of Assignment, #8 Exhibit F - Verification Email)(Dillworth, Drew)

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Search for this case: Produce Pay, Inc. v. Agrosale, Inc. et al
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3rd party plaintiff: Bertha Ferrer
Represented By: Tiffany Natasha Compres
Represented By: Susan Virginia Warner
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3rd party plaintiff: Samuel Rosado
Represented By: Tiffany Natasha Compres
Represented By: Susan Virginia Warner
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3rd party plaintiff: Carlos Garcia
Represented By: Tiffany Natasha Compres
Represented By: Susan Virginia Warner
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3rd party plaintiff: Ernesto Ferrer
Represented By: Tiffany Natasha Compres
Represented By: Susan Virginia Warner
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3rd party plaintiff: Agrosale, Inc.
Represented By: Tiffany Natasha Compres
Represented By: Susan Virginia Warner
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Plaintiff: Produce Pay, Inc.
Represented By: Jason R. Klinowski
Represented By: Drew Michael Dillworth
Represented By: Katie E. Willoughby
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3rd party defendant: Guadalberto Rodriguez Rodriguez
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3rd party defendant: Guadalberto Rodriguez Feliciano
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3rd party defendant: Caribbean Produce Exchange LLC
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3rd party defendant: Drip Capital Inc.
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3rd party defendant: Plus 58 Investment, LLC
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3rd party defendant: Comercializadora Agropecuaria del Tropico S.A. de C.V.
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