Freedom Fresh, LLC v. Crystal Cruises, LLC. et al
Plaintiff: Freedom Fresh, LLC
Defendant: Crystal Cruises, LLC., Fook Yew AU, Kevin C. Jones, Richardo Javier Celorio, Jessica S. Hoppe and Jack Du Wayne Anderson
Garnishee: c/o Miguel Cordano Bank of America, N.A., Non-Party
Case Number: 1:2022cv20327
Filed: January 31, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
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 February 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2022 Opinion or Order Filing 34 PAPERLESS ORDER. In light of Plaintiff's #33 Notice of Compliance with Stipulation and Order of Settlement, the Court's #18 Order Granting Temporary Restraining Order is dissolved, Plaintiff's #4 Motion for Preliminary Injunction is denied as moot, and the Preliminary Injunction Hearing is cancelled. Signed by Judge Darrin P. Gayles (bhy)
February 18, 2022 Opinion or Order Filing 33 NOTICE of Compliance with Stipulation and Order of Settlement by Freedom Fresh, LLC re 29 Order Setting Status Conference,,,,, Set/Reset Deadlines/Hearings,,,,, Terminate Motions,,,, #23 Order Dismissing/Closing Case, #18 Order Setting/Cancelling Hearing,, Terminate Motions,, Temporary Restraining Order, (Barmat, Marc)
February 18, 2022 Opinion or Order Filing 32 PAPERLESS ORDER. For the reasons stated on the record during the February 17, 2022 Telephonic Status Conference, Non-Party Bank of America, N.A.'s #28 Corrected Second Amended Expedited Motion for Extension of Time to Comply with Stipulation and Order of Settlement [DE 23] is granted. Bank of America's prior motions for extension of time #24 #27 are denied as moot. Signed by Judge Darrin P. Gayles (bhy)
February 17, 2022 Opinion or Order Filing 31 PAPERLESS ORDER. The Court, having been advised by counsel for the Assignee of Crystal Cruises, LLC ("Assignee") of: 1. The existence in various international locations of certain containers (the "Containers") laden with stores, provisions, supplies and/or materials, including, but not limited to, perishable items, (the "Contents") that were owned by and/or the responsibility of Crystal Cruises, LLC;2. The assignment of all rights and responsibilities in relation to the Containers and/or Contents to the Assignee;3. The potential for said Containers to be abandoned and/or for the Contents to be abandoned and/or to spoil, depreciate, or otherwise lose value; and,4. The absence of any objection by Freedom Fresh to the Assignee being authorized to dispose, sell, or otherwise transfer ownership and/or responsibility of/for the Containers and/or the Contents as Assignee in its sole opinion sees fit. It is hereby ORDERED AND ADJUDGED that the Containers and all the Contents thereof are hereby exempted from the #18 Temporary Restraining Order issued by the Court on February 4, 2022. All other terms of the Temporary Restraining Order remain in effect. Signed by Judge Darrin P. Gayles (bhy)
February 17, 2022 Opinion or Order Filing 30 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 2/17/2022. Appearances: Miguel Mario Cordano for Non-Party Bank of America, Kate Ellis and Marc Philip Barmat for Plaintiff, and Kent Morrison for Assignee. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bhy)
February 16, 2022 Opinion or Order Filing 29 PAPERLESS ORDER granting in part Plaintiff's #26 Emergency Motion to Reopen Case and Extend Order Granting Temporary Restraining Order and Incorporated Memorandum of Law. The Court finds good cause to extend the #18 Temporary Restraining Order until March 4, 2022 to provide sufficient time for the parties to fulfill the terms of the #23 Stipulation and Order of Settlement. The Preliminary Injunction Hearing is reset for March 4, 2022 at 10:30 A.M. over Zoom. The Zoom dial-in information will be made available on the Court's docket. A Telephonic Status Conference is set for February 17, 2022 at 3:00 P.M. The Court will address Non-Party Bank of America, N.A.'s Motion #28 at the Telephonic Status Conference. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Status Conference begins and wait until your case is called. Counsel for Plaintiff shall immediately contact counsel for Defendants and inform them of this Order. Signed by Judge Darrin P. Gayles (bhy)
February 15, 2022 Opinion or Order Filing 28 Corrected MOTION for Extension of Time TO COMPLY WITH OR SEEK CLARIFICATION OF STIPULATION AND ORDER OF SETTLEMENT [DE 23] re #23 Order Dismissing/Closing Case by c/o Miguel Cordano Bank of America, N.A., Non-Party. Responses due by 3/1/2022 (Cordano, Miguel)
February 15, 2022 Opinion or Order Filing 27 Amended MOTION for Extension of Time TO COMPLY WITH OR SEEK CLARIFICATION OF STIPULATION AND ORDER OF SETTLEMENT [DE 23] re #23 Order Dismissing/Closing Case by c/o Miguel Cordano Bank of America, N.A., Non-Party. Responses due by 3/1/2022 (Cordano, Miguel)
February 15, 2022 Opinion or Order Filing 26 EMERGENCY MOTION with Certification of Emergency included to Reopen Case And Extend Order Granting Temporary Restraining Order And Incorporated Memorandum of Law by Freedom Fresh, LLC. Responses due by 3/1/2022 (Attachments: #1 Text of Proposed Order)(Barmat, Marc)
February 15, 2022 Opinion or Order Filing 25 PAPERLESS ORDER regarding Preliminary Injunction Hearing on Thursday, February 17, 2022, at 3:00 P.M. The Zoom information is below:Meeting ID: 161 023 7098Passcode: 589582 Signed by Judge Darrin P. Gayles (bhy)
February 14, 2022 Opinion or Order Filing 24 MOTION for Extension of Time comply with or clarifying the Stipulation and Order of Settlement [DE 23] NON-PARTY BANK OF AMERICA, N.A.S EXPEDITED MOTION FOR EXTENSION OF TIME TO COMPLY WITH OR SEEK CLARIFICATION OF STIPULATION AND ORDER OF SETTLEMENT [DE 23] re #23 Order Dismissing/Closing Case by c/o Miguel Cordano Bank of America, N.A., Non-Party. Attorney Miguel Mario Cordano added to party c/o Miguel Cordano Bank of America, N.A., Non-Party(pty:gar). Responses due by 2/28/2022 (Cordano, Miguel)
February 8, 2022 Opinion or Order Filing 23 Stipulation and Order of Settlement. This case is administratively closed. Signed by Judge Darrin P. Gayles. See attached document for full details. (bhy)
February 8, 2022 Opinion or Order Filing 22 NOTICE by Freedom Fresh, LLC re #21 Stipulation of Filing Exhibit A to Stipulation and Order of Settlement (Attachments: #1 Exhibit A - Final Order and Judgment) (Barmat, Marc)
February 8, 2022 Opinion or Order Filing 21 STIPULATION and Order of Settlement by Freedom Fresh, LLC (Barmat, Marc)
February 7, 2022 Opinion or Order Filing 20 NOTICE by Freedom Fresh, LLC re #1 Complaint, of Exhibit to Complaint (Attachments: #1 Exhibit 2021 Florida annual Report) (Barmat, Marc)
February 7, 2022 Opinion or Order Filing 19 Corporate Disclosure Statement by Freedom Fresh, LLC (Barmat, Marc)
February 4, 2022 Opinion or Order Filing 18 Order granting Plaintiff Freedom Fresh, LLC's #5 Expedited Motion for Ex Parte Temporary Restraining Order. The parties shall appear before the Court for a hearing on Plaintiff's #4 Motion for Preliminary Injunction at 3:00 P.M. on February 17, 2022 over Zoom. The Zoom dial-in information will be made available on the Court's docket. Signed by Judge Darrin P. Gayles on 2/4/2022. See attached document for full details. (bhy)
February 4, 2022 Opinion or Order Filing 17 NOTICE by Freedom Fresh, LLC re #12 Order, #1 Complaint, of Estimated Length of Trial (Barmat, Marc)
February 3, 2022 Opinion or Order Filing 16 PAPERLESS ORDER granting Plaintiff's #8 Notice to Strike Document. Plaintiff's memorandum of law, [ECF No. 6], is hereby stricken. Signed by Judge Darrin P. Gayles (bhy)
February 3, 2022 Opinion or Order Filing 15 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (bhy)
February 2, 2022 Opinion or Order Filing 14 SUPPLEMENT to #5 Plaintiff's MOTION for Temporary Restraining Order (Expedited and Ex Parte) by Freedom Fresh, LLC (Attachments: #1 Exhibit 1 - Miami Herald Article, #2 Exhibit 2 - Washington Post Article)(Barmat, Marc)
February 2, 2022 Opinion or Order Filing 13 ORDER TRANSFERRING CASE to Judge Darrin P. Gayles for all further proceedings, accepted and signed on 2/2/2022. Senior Judge James Lawrence King no longer assigned to case Signed by Senior Judge James Lawrence King on 2/2/2022. See attached document for full details. (lbc)
February 2, 2022 Opinion or Order Filing 12 ORDER Directing Plaintiff to File Estimated Length of Trial re #1 Complaint, filed by Freedom Fresh, LLC Signed by Senior Judge James Lawrence King on 2/2/2022. See attached document for full details. (jw)
February 2, 2022 Opinion or Order Filing 11 Clerks Notice to Filer re #8 Notice. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (cqs)
February 2, 2022 Opinion or Order Filing 10 ORDER Granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kate Ellis, Esq.. Signed by Senior Judge James Lawrence King on 2/2/2022. See attached document for full details. (jw)
February 1, 2022 Opinion or Order Filing 9 MEMORANDUM of Law re #4 MOTION for Preliminary Injunction , #5 Plaintiff's MOTION for Temporary Restraining Order (Expedited and Ex Parte) In Support of Plaintiff's Motions by Freedom Fresh, LLC. (Attachments: #1 Exhibit Declaration of Jorge Vazquez in Support of Plaintiff's Motions, #2 Exhibit Declaration of Francisco Brito-Nunez in Support of Plaintiff's Motions)(Barmat, Marc)
February 1, 2022 Opinion or Order Filing 8 MOTION TO STRIKE /NOTICE by Freedom Fresh, LLC re #6 Memorandum, To Strike Document (Barmat, Marc)Relief and Event Modified on 2/2/2022 (cqs).
February 1, 2022 Opinion or Order Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kate Ellis. Filing Fee $ 200.00 Receipt # AFLSDC-15363609 by Freedom Fresh, LLC. Responses due by 2/15/2022 (Attachments: #1 Certification of Kate Ellis, #2 Text of Proposed Order)(Barmat, Marc)
February 1, 2022 Opinion or Order Filing 6 (STRICKEN PER DE#16)MEMORANDUM of Law re #4 MOTION for Preliminary Injunction , #5 Plaintiff's MOTION for Temporary Restraining Order (Expedited and Ex Parte) In Support of Plaintiff's Motions by Freedom Fresh, LLC. (Attachments: #1 Exhibit Declaration of Jorge Vazquez in Support of Plaintiff's Motions, #2 Exhibit Declaration of Francisco Brito-Nunez in Support of Plaintiff's Motions)(Barmat, Marc)Text Modified on 2/3/2022 (cqs).
February 1, 2022 Opinion or Order Filing 5 Plaintiff's MOTION for Temporary Restraining Order (Expedited and Ex Parte) by Freedom Fresh, LLC. Responses due by 2/15/2022 (Attachments: #1 Certification of Attorney Why Notice Should Not be Required Pursuant to Fed. R. Civ. P. 60(b), #2 Text of Proposed Order)(Barmat, Marc)
February 1, 2022 Opinion or Order Filing 4 MOTION for Preliminary Injunction by Freedom Fresh, LLC. (Attachments: #1 Text of Proposed Order)(Barmat, Marc)
February 1, 2022 Opinion or Order Filing 3 Summons Issued as to Fook Yew AU, Jack Du Wayne Anderson, Richardo Javier Celorio, Crystal Cruises, LLC., Jessica S. Hoppe, Kevin C. Jones. (mee)
January 31, 2022 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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)
January 31, 2022 Opinion or Order Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15361716, filed by Freedom Fresh, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) CRYSTAL CRUISES, LLC, #3 Summon(s) FOOK YEW AU, #4 Summon(s) KEVIN C. JONES, #5 Summon(s) RICARDO JAVIER CELORIO, #6 Summon(s) JESSICA S. HOPPE, #7 Summon(s) JACK DU WAYNE ANDERSON)(Barmat, Marc)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Freedom Fresh, LLC v. Crystal Cruises, LLC. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Freedom Fresh, LLC
Represented By: Marc Philip Barmat
Represented By: Kate Ellis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Crystal Cruises, LLC.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Fook Yew AU
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kevin C. Jones
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Richardo Javier Celorio
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jessica S. Hoppe
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jack Du Wayne Anderson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Garnishee: c/o Miguel Cordano Bank of America, N.A., Non-Party
Represented By: Miguel Mario Cordano
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?