Don Hugo Produce, Inc. v. Andean Purveyors, Inc. et al
Plaintiff: DON HUGO PRODUCE, INC and Don Hugo Produce, Inc.
Defendant: ANDEAN PURVEYORS, INC.,, Dorca J. Nunez, Luis Fernando Nunez, Manuel A. Nunez and Andean Purveyors, Inc.
Case Number: 1:2022cv20324
Filed: January 31, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Lauren Fleischer Louis
Referring Judge: K Michael Moore
Nature of Suit: Agriculture Acts
Cause of Action: 07 U.S.C. ยง 0499 Agricultural Commodities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 29, 2022 Hearing terminated per DE 26 . (pes)
March 29, 2022 Opinion or Order Filing 26 PAPERLESS ORDER granting #25 Expedited Motion to Continue Evidentiary Hearing. The Order setting the hearing is amended to change time and date only. The Evidentiary Hearing is reset for 4/28/2022 at 9:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Signed by Magistrate Judge Lauren Fleischer Louis on 3/29/2022. (nce)
March 29, 2022 Filing 25 EXPEDITED MOTION For Continuance of Evidentiary Hearing on Plaintiff's Motion for Preliminary Injunction re #21 Order Setting Hearing on Motion,, by Don Hugo Produce, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Mayra I. Martinez in Support, #2 Text of Proposed Order)(Barmat, Marc)
March 29, 2022 Filing 24 Exhibit List for Preliminary Injunction Hearing by Don Hugo Produce, Inc... (Barmat, Marc)
March 22, 2022 Filing 23 Witness List by Don Hugo Produce, Inc... (Barmat, Marc)
March 14, 2022 Filing 22 CERTIFICATE OF SERVICE by DON HUGO PRODUCE, INC re #21 Order Setting Hearing on Motion,, (Barmat, Marc)
March 8, 2022 Opinion or Order Filing 21 ORDER Setting Briefing Schedule and Hearing on #9 Plaintiff's Motion for Preliminary Injunction. Defendants' response to Plaintiff's Motion is due by no later than March 22, 2022. Plaintiff may file a reply to Defendants' response by no later than March 29, 2022.An Evidentiary Hearing is set for March 31, 2022 at 9:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Signed by Magistrate Judge Lauren Fleischer Louis on 3/8/2022. See attached document for full details. (nce)
March 2, 2022 Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DON HUGO PRODUCE, INC. ANDEAN PURVEYORS, INC., served on 2/11/2022, response/answer due 3/4/2022; Dorca J. Nunez served on 2/11/2022, response/answer due 3/4/2022. (Barmat, Marc)
February 16, 2022 Filing 19 PAPERLESS NOTICE REGARDING MOTION FOR PRELIMINARY INJUNCTION #9 . THIS CAUSE came before the Court upon Plaintiff's MOTION for Preliminary Injunction #9 . On January 31, 2022, Plaintiff filed Summons as to Defendant Dorca J. Nunez, Defendant Luis Fernando Nunez, and Defendant Manuel A. Nunez #3 . On February 4, 2022, Plaintiff filed Summons as to Defendant Andean Purveyors, Inc. #18 . However, the Defendants have yet to appear in this case. Plaintiff has provided no indication that Defendants are on notice as to the instant Motion. Under Rule 65 of the Federal Rules of Civil Procedure, a "court may issue a preliminary injunction only on notice to the adverse party." Fed. R. Civ. P. 65(a)(1). Accordingly, the Court will set a briefing schedule for Plaintiff's Motion for Preliminary Injunction #9 upon a showing that Defendants are on notice as to the Motion #9 or upon Defendants appearance. Signed by Magistrate Judge Lauren Fleischer Louis on 2/16/2022. (nce)
February 4, 2022 Filing 18 Summons Issued as to ANDEAN PURVEYORS, INC.,. (kpe)
February 4, 2022 Filing 17 NOTICE of Filing Proposed Summons(es) Andean Purveyors, Inc. by DON HUGO PRODUCE, INC re #1 Complaint, filed by DON HUGO PRODUCE, INC (Barmat, Marc)
February 3, 2022 Opinion or Order Filing 16 ORDER DENYING #7 Motion for Temporary Restraining Order. Signed by Judge K. Michael Moore on 2/3/2022. See attached document for full details. (elm)
February 2, 2022 Opinion or Order Filing 15 PAPERLESS ORDER OF REFERRAL TO MAGISTRATE JUDGE LAUREN F. LOUIS FOR HEARING AND REPORT AND RECOMMENDATION ON MOTION FOR PRELIMINARY INJUNCTION. PURSUANT TO 28 U.S.C 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned case is referred to United States Magistrate Judge Lauren F. Louis for a hearing and report and recommendation on Plaintiff's Motion for Preliminary Injunction #9 , and any related relief. Signed by Judge K. Michael Moore on 2/2/2022. (elm)
February 2, 2022 Opinion or Order Filing 14 PAPERLESS ORDER OF REFERRAL TO MAGISTRATE JUDGE. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to Plaintiff Don Hugo Produce, Inc.'s #7 Expedited Motion for Ex Parte Temporary Restraining Order. Signed by Judge K. Michael Moore on 2/2/2022. (elm)
February 2, 2022 Opinion or Order Filing 13 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis 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 Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 2/2/2022. (elm)
February 2, 2022 Opinion or Order Filing 12 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 Circuit's 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 Judge K. Michael Moore on 2/2/2022. (elm)
January 31, 2022 Filing 11 NOTICE Attorney Certification Why Notice Should Not Be Required Pursuant To Rule 65(b) by DON HUGO PRODUCE, INC re #7 MOTION for Temporary Restraining Order (Expedited and Ex Parte) of Attorney Certification Why Notice Should Not Be Required Pursuant to Rule 65(b) (Barmat, Marc)
January 31, 2022 Filing 10 MEMORANDUM of Law re #7 MOTION for Temporary Restraining Order (Expedited and Ex Parte), #9 MOTION for Preliminary Injunction In Support of its Expedited Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction by DON HUGO PRODUCE, INC. (Attachments: #1 Exhibit 1 - Declaration of Mayra I. Martinez, #2 Exhibit 2 - Declaration of Deysi Hernandez)(Barmat, Marc)
January 31, 2022 Filing 9 MOTION for Preliminary Injunction by DON HUGO PRODUCE, INC. (Attachments: #1 Text of Proposed Order)(Barmat, Marc)
January 31, 2022 Filing 8 NOTICE OF WITHDRAWAL OF MOTION by DON HUGO PRODUCE, INC re #6 MOTION for Permanent Injunction filed by DON HUGO PRODUCE, INC (Barmat, Marc)
January 31, 2022 Filing 7 MOTION for Temporary Restraining Order (Expedited and Ex Parte) by DON HUGO PRODUCE, INC. Responses due by 2/14/2022 (Attachments: #1 Text of Proposed Order)(Barmat, Marc)
January 31, 2022 Filing 6 WITHDRAWN MOTION for Permanent Injunction by DON HUGO PRODUCE, INC. (Barmat, Marc) Modified on 2/1/2022 per DE #8 Notice(kpe).
January 31, 2022 Filing 5 Corporate Disclosure Statement by DON HUGO PRODUCE, INC (Barmat, Marc)
January 31, 2022 Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued for Andean Purveyors, Inc. The party(ies) on the summons(es) does not match the initiating documents. (kpe)
January 31, 2022 Filing 3 Summons Issued as to Dorca J. Nunez, Luis Fernando Nunez, Manuel A. Nunez. (kpe)
January 31, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. (kpe)
January 31, 2022 Filing 1 COMPLAINT against ANDEAN PURVEYORS, INC.,, Dorca J. Nunez, Luis Fernando Nunez, Manuel A. Nunez. Filing fees $ 402.00 receipt number AFLSDC-15361260, filed by DON HUGO PRODUCE, INC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) ANDEAN PURVEYORS, INC., #3 Summon(s) DORCA J. NUNEZ, #4 Summon(s) LUIS FERNANDO NUNEZ, #5 Summon(s) MANUEL A. NUNEZ)(Barmat, Marc)

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Plaintiff: DON HUGO PRODUCE, INC
Represented By: Marc Philip Barmat
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Plaintiff: Don Hugo Produce, Inc.
Represented By: Marc Philip Barmat
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Defendant: ANDEAN PURVEYORS, INC.,
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Defendant: Dorca J. Nunez
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Defendant: Luis Fernando Nunez
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Defendant: Manuel A. Nunez
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Defendant: Andean Purveyors, Inc.
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