Freedom Fresh, LLC v. Crystal Cruises, LLC. et al
| Freedom Fresh, LLC |
| Crystal Cruises, LLC., Fook Yew AU, Kevin C. Jones, Richardo Javier Celorio, Jessica S. Hoppe and Jack Du Wayne Anderson |
| c/o Miguel Cordano Bank of America, N.A., Non-Party |
| 1:2022cv20327 |
| January 31, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Agriculture Acts |
| 07 U.S.C. § 0499 Agricultural Commodities Act |
| None |
Docket Report
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This docket was last retrieved on February 18, 2022. A more recent docket listing may be available from PACER.
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 21
STIPULATION and Order of Settlement by Freedom Fresh, LLC (Barmat, Marc)
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Filing 20
NOTICE by Freedom Fresh, LLC re #1 Complaint, of Exhibit to Complaint (Attachments: #1 Exhibit 2021 Florida annual Report) (Barmat, Marc)
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Filing 19
Corporate Disclosure Statement by Freedom Fresh, LLC (Barmat, Marc)
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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)
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Filing 17
NOTICE by Freedom Fresh, LLC re #12 Order, #1 Complaint, of Estimated Length of Trial (Barmat, Marc)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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).
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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)
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Filing 4
MOTION for Preliminary Injunction by Freedom Fresh, LLC. (Attachments: #1 Text of Proposed Order)(Barmat, Marc)
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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)
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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)
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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)
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