MontVerde Produce, Inc. v. Hialeah Tomatoes and Fresh Produce, Inc. et al
| MontVerde Produce, Inc. |
| HELEN VICTORIA OLIVEIRA, Maria E. Brito, VICTORIA PRODUCE LLC, Hialeah Tomatoes and Fresh Produce, Inc., Jorge Raimundo Gonzalez, HELEN VICTORIA, HELEN DE LIMA OLIVEIRA, MARIA ELENA BRITO, HANOVER PRODUCE WHOLESALER, LLC, LUNA NURSERY, LLC and KAZA INTERNATIONAL REALTY LLC |
| 1:2024cv20637 |
| February 20, 2024 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Kathleen M Williams |
| Agriculture Acts |
| 07 U.S.C. § 0499 Agricultural Commodities Act |
| Defendant |
Docket Report
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Filing 51
PAPERLESS ORDER denying #50 -- without prejudice -- Defendants' Motion to Continue. Defendants want to continue the injunction hearing for two weeks, but the Undersigned is unavailable on the date contemplated because I will be in Alabama attending the 11th Circuit Conference. In addition, I will be out of town for most of the next week and have other scheduling conflicts on other days.However, if the parties are willing to continue the hearing until Wednesday, May 15, 2024, and if Defendants are willing to extend the TRO until that date, then they may file a renewed motion, using that date. Signed by Magistrate Judge Jonathan Goodman on 4/19/2024. (JG)
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| Filing 50 Second MOTION to Continue re #7 MOTION for Preliminary Injunction filed by MontVerde Produce, Inc., 43 Order on Motion to Continue,, by Jorge Raimundo Gonzalez, Hialeah Tomatoes and Fresh Produce, Inc., KAZA INTERNATIONAL REALTY LLC, LUNA NURSERY, LLC, HELEN VICTORIA OLIVEIRA, VICTORIA PRODUCE LLC. Responses due by 5/3/2024. (Saade, Gabriel) |
| Filing 49 First MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , First MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Memorandum of Law ( Responses due by 4/30/2024.) by KAZA INTERNATIONAL REALTY LLC, LUNA NURSERY, LLC, HELEN VICTORIA OLIVEIRA, VICTORIA PRODUCE LLC. (Attachments: #1 Exhibit Exhibit A - Article of Amendment to Article of Incorporation and Minutes of the Annual Meeting of Shareholders, #2 Exhibit Exhibit B - Affidavit. Helen Victoria Oliveira)(Saade, Gabriel) |
| Filing 48 Plaintiff's REPLY to Response to Motion re #7 MOTION for Preliminary Injunction DE 27, 28, 29, 30, 32, and 37 filed by MontVerde Produce, Inc.. (Esquivel, Katy) |
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Filing 47
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 4/12/2024. See attached document for full details. (fbn)
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Filing 46
OMNIBUS PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On April 3, 2024, counsel for Defendants Hialeah Tomatoes and Fresh Produce, Inc. ("Hialeah"), Jorge Raimundo Gonzalez ("Gonzalez"), Helen Victoria Oliveira ("Oliveira"), Victoria Produce, LLC ("Victoria"), Luna Nursery, LLC ("Luna"), and Kaza International Realty ("Kaza") filed separate but similar responses to Plaintiff's Motion for Preliminary Injunction (DE #27 ; DE #28 ; DE #29 ; DE #30 ; DE #32 ; DE #37 ) and separate but similar motions to dismiss (DE #31 ; DE #33 ; DE #34 ; DE #35 ). Upon review of the responses, the motions, and the record, it is ORDERED AND ADJUDGED that the motions to dismiss (DE #31 ; DE #33 ; DE #34 ; DE #35 ) are STRICKEN. In the interest of judicial economy and in light of the multiple Defendants named in this action, Defendants Oliveira, Victoria, Luna, and Kaza shall file a joint motion on or before April 17, 2024. If conflicts exist precluding a joint response, the Defendant(s) must file a motion for leave to file separately, describing those conflicts. However, in light of the time constraints regarding the upcoming hearing before Judge Goodman, Defendants' responses to Plaintiff's Motion for Preliminary Injunction will not be stricken, but Plaintiff shall file a single consolidated reply. If Plaintiff requires more pages to adequately address all the responses in a consolidated reply, it shall file a motion for leave to file excess pages. Going forward, Defendants are instructed to file jointly where practicable. In light of the fact that Defendants Hialeah, Gonzalez, Oliveira, Victoria, Luna, and Kaza are represented by the same attorney, the Court believes the Defendants will be able to file joint pleadings in almost every instance. Signed by Judge Kathleen M. Williams on 4/10/2024. (ssh)
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Filing 45
PAPERLESS ORDER granting #44 Unopposed MOTION for Extension of Time to File Reply to #27 , #28 , #29 #30 , #32 Defendants' Responses to Motion for Preliminary Injunction. Plaintiff will have until April 12, 2024 to reply to Defendants' Responses to Plaintiff's Motion for Preliminary Injunction.This is the second time this week Plaintiff has failed to comply with Judge Williams' 48-hour rule. The Undersigned's earlier Order, expressly stated that "[i]n the future, the Undersigned expects the parties' full compliance with the rules of this Court." [ECF No. 41]. The instant motion makes no mention of Judge Williams' 48-hour rule and, although it is premised on the illness of a family member, it does not disclose when the circumstances prompting the requested extension arose or otherwise provide any justification for the non-compliance. In fact, the instant motion states (wrongly) that it is filed "in accordance with... II.B. of the 'Practices and Procedures for Civil Cases' of The Honorable Judge Kathleen M. Williams," when in fact it does not comply with the 48-hour rule.Because the instant motion is unopposed, the Undersigned will exercise my discretion and grant the modest two-day extension. But counsel should not expect such leniency in the future. Any subsequent motions for extension of time shall either comply with the 48-hour rule or explain why compliance was not possible. Signed by Magistrate Judge Jonathan Goodman on 4/10/2024. (mkr)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #27 Response to Motion,, #32 Response to Motion, #30 Response to Motion, #28 Response to Motion, #29 Response to Motion by MontVerde Produce, Inc.. (Attachments: #1 Text of Proposed Order)(Esquivel, Katy) |
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Filing 43
PAPERLESS ORDER granting #42 Joint MOTION to Continue April 9 Hearing. The evidentiary hearing on #7 Plaintiff's Motion for Preliminary Injunction is re-set to Tuesday, April 23, 2024 at 10:00 AM in the Undersigned's courtroom, Courtroom 3 on the 11th Floor of the James Lawrence King Federal Justice Building, located at 99 Northeast Fourth Street in Miami, Florida.In light of the parties' consent to extend the TRO through the date of the hearing, the TRO is hereby extended to April 23, 2024. Signed by Magistrate Judge Jonathan Goodman on 4/8/2024. (mkr)
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| Filing 42 Joint MOTION to Continue April 9 Hearing re 39 Order Referring Motion,,,, Order Setting Hearing on Motion,,, 41 Order on Motion to Continue,,,,,, by MontVerde Produce, Inc.. Responses due by 4/22/2024. (Attachments: #1 Text of Proposed Order)(Esquivel, Katy) |
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Filing 41
PAPERLESS ORDER denying without prejudice #40 Unopposed MOTION to Continue April 9th Hearing. Due to a scheduling conflict, Plaintiff seeks to continue Tuesday's evidentiary hearing to April 12, 18, or 19, 2024. The motion further states that "Defendants do not agree to extend the hearing date beyond April 19, 2024." The Undersigned is not available on these proposed dates but is available on April 22nd or 23rd at 10:00 AM. If all parties (and their witnesses) are available on either date, then Plaintiff may file an appropriate renewed motion for continuance (accompanied by a Local Rule 7.1(a)(3) certificate of conferral) by no later than tomorrow, April 8th at 3:00 p.m. Any renewed motion should state if accurate, that all Defendants agree to the extension and that the parties agree to extend the TRO until the new hearing date. Otherwise, Tuesday's hearing remains as scheduled and Plaintiff's counsel will need to either reschedule her other hearing, have another attorney from her firm cover our April 9th hearing or obtain coverage from another attorney. The Undersigned notes that the instant motion does not comply with Judge Williams' 48-hour rule. See Judge Williams' Court Practices and Procedures (available at the Court's website: https://www.flsd.uscourts.gov/content/judge-kathleen-m-williams). It was filed today at approximately 1:53 PM and the evidentiary hearing is presently set for 10:00 AM on Tuesday. In the future, the Undersigned expects the parties' full compliance with the rules of this Court. Signed by Magistrate Judge Jonathan Goodman on 4/7/2024. (mkr)
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| Filing 40 Unopposed MOTION to Continue April 9 Hearing re 39 Order Referring Motion,,,, Order Setting Hearing on Motion,,, by MontVerde Produce, Inc.. Responses due by 4/22/2024. (Attachments: #1 Text of Proposed Order)(Esquivel, Katy) |
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Filing 39
PAPERLESS ORDER REFERRING MOTION. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Plaintiff's Motion for Preliminary Injunction (DE #7 ) ("Motion") is REFERRED to United States Magistrate Judge Jonathan Goodman for a report and recommendation. An in-person evidentiary hearing on the Motion is SET for 10:00 a.m. on April 9, 2024 before the Honorable Jonathan Goodman in Courtroom 3 on the 11th Floor of the James Lawrence King Federal Justice Building, located at 99 Northeast Fourth Street in Miami, Florida. Each side will have a total of three hours to conduct direct, redirect and cross of all witnesses, so counsel should be prepared to focus on the points which are most important to an evaluation of the preliminary injunction motion. Signed by Judge Kathleen M. Williams on 4/5/2024. (ssh)
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Filing 38
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES. REFERRING CASE to Magistrate Judge Jonathan Goodman all discovery disputes and non-dispositive pretrial motions. Notice of Court Practice. Signed by Judge Kathleen M. Williams on 4/5/2024. See attached document for full details. (mee)
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| Filing 37 RESPONSE to Motion re #7 MOTION for Preliminary Injunction and Memorandum of Law filed by HELEN VICTORIA OLIVEIRA. Replies due by 4/11/2024. (Attachments: #1 Exhibit Exhibit 1 - Article of Amendment to Article of Incorporation and Minutes of the Annual Meeting of Shareholders, #2 Affidavit Exhibit 2 - Affidavit. Helen Victoria Oliveira)(Saade, Gabriel) |
| Filing 36 AFFIDAVIT in Support re #33 First MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Memorandum of LawFirst MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Memorandum of Law filed by HELEN VICTORIA OLIVEIRA. (Saade, Gabriel) |
| Filing 35 STRICKEN- First MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Memorandum of Law, First MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Memorandum of Law ( Responses due by 4/17/2024.) by VICTORIA PRODUCE LLC. (Attachments: #1 Exhibit Exhibit A - Article of Amendment to Article of Incorporation and Minutes of the Annual Meeting of Shareholders)(Saade, Gabriel) Modified on 4/11/2024 (mee). Per d.e. 46 Order. |
| Filing 34 STRICKEN- First MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Memorandum of Law, First MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Memorandum of Law ( Responses due by 4/17/2024.) by KAZA INTERNATIONAL REALTY LLC. (Attachments: #1 Exhibit Exhibit A - Article of Amendment to Article of Incorporation and Minutes of the Annual Meeting of Shareholders)(Saade, Gabriel) Modified on 4/11/2024 (mee). Per d.e. 46 Order. |
| Filing 33 STRICKEN- First MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Memorandum of Law, First MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Memorandum of Law ( Responses due by 4/17/2024.) by HELEN VICTORIA OLIVEIRA. (Attachments: #1 Exhibit Exhibit A - Article of Amendment to Article of Incorporation and Minutes of the Annual Meeting of Shareholders, #2 Exhibit Exhibit B - Affidavit. Helen Victoria Oliveira)(Saade, Gabriel) Modified on 4/11/2024 (mee). Per d.e. 46 Order. |
| Filing 32 RESPONSE to Motion re #7 MOTION for Preliminary Injunction and Memorandum of Law filed by KAZA INTERNATIONAL REALTY LLC. Replies due by 4/10/2024. (Saade, Gabriel) |
| Filing 31 STRICKEN- First MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Memorandum of Law, First MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Memorandum of Law ( Responses due by 4/17/2024.) by LUNA NURSERY, LLC. (Attachments: #1 Exhibit Exhibit A - Article of Amendment to Article of Incorporation and Minutes of the Annual Meeting of Shareholders)(Saade, Gabriel) Modified on 4/11/2024 (mee). Per d.e. 46 Order. |
| Filing 30 RESPONSE to Motion re #7 MOTION for Preliminary Injunction and Memorandum of Law filed by HELEN VICTORIA OLIVEIRA. Replies due by 4/10/2024. (Attachments: #1 Exhibit Exhibit 1 - Article of Amendment to Article of Incorporation and Minutes of the Annual Meeting of Shareholders, #2 Exhibit Exhibit 2 - Affidavit. Helen Victoria Oliveira)(Saade, Gabriel) |
| Filing 29 RESPONSE to Motion re #7 MOTION for Preliminary Injunction and Memorandum of Law filed by LUNA NURSERY, LLC. Replies due by 4/10/2024. (Saade, Gabriel) |
| Filing 28 RESPONSE to Motion re #7 MOTION for Preliminary Injunction and Memorandum of Law filed by VICTORIA PRODUCE LLC. Replies due by 4/10/2024. (Saade, Gabriel) |
| Filing 27 RESPONSE to Motion re #7 MOTION for Preliminary Injunction and Memorandum of Law filed by Jorge Raimundo Gonzalez, Hialeah Tomatoes and Fresh Produce, Inc.. Replies due by 4/10/2024. (Attachments: #1 Exhibit Exhibit 1 - Article of Amendment to Article of Incorporation and Minutes of the Annual Meeting of Shareholders, #2 Exhibit Exhibit 2. Check and Invoice 3783. 10.19.23, #3 Exhibit Exhibit 3. Check and Invoice 3994. 10.28.23, #4 Exhibit Exhibit 4. Bank Statement and Invoice 3798 and 3871. 10.23.23, #5 Exhibit Exhibit 5. Check and Invoice 3908. 10.27.23)(Saade, Gabriel) |
| Filing 26 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Jorge Raimundo Gonzalez. (Saade, Gabriel) |
| Filing 25 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Hialeah Tomatoes and Fresh Produce, Inc.. (Saade, Gabriel) |
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Filing 24
PAPERLESS ORDER. THIS MATTER is before the Court on Defendants' Motion for Extension of Time to File Response to Plaintiff's Motion for Preliminary Injunction (DE #23 ) ("Motion"). In the Motion, Defendants request until April 3, 2024, to file a response to Plaintiff's motion for preliminary injunction. Upon review of the Motion and the record, and because Plaintiff does not oppose the motion or extension of the temporary restraining order, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Defendants shall respond to Plaintiff's motion for preliminary injunction on or before April 3, 2024. The Temporary Restraining Order (DE #9 ) is extended for an additional two weeks until April 10, 2024. Signed by Judge Kathleen M. Williams on 3/21/2024. (ssh)
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| Filing 23 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Motion for Preliminary Injunction by Jorge Raimundo Gonzalez, Hialeah Tomatoes and Fresh Produce, Inc., KAZA INTERNATIONAL REALTY LLC, LUNA NURSERY, LLC, HELEN VICTORIA OLIVEIRA, VICTORIA PRODUCE LLC. (Saade, Gabriel) |
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Filing 22
PAPERLESS ORDER. THIS MATTER is before the Court on Defendants' Motion for Extension of Time to Respond to Plaintiff's Complaint (DE #21 ) ("Motion"). In the Motion, Defendant requests an additional twenty (20) days to respond to Plaintiff's Complaint (DE #1 ). Upon review of the Motion and the record, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Defendant shall file a response to Plaintiff's Complaint on or before April 3, 2024. Signed by Judge Kathleen M. Williams on 3/15/2024. (ssh)
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| Filing 21 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Jorge Raimundo Gonzalez, Hialeah Tomatoes and Fresh Produce, Inc., KAZA INTERNATIONAL REALTY LLC, LUNA NURSERY, LLC, HELEN VICTORIA OLIVEIRA, VICTORIA PRODUCE LLC. (Saade, Gabriel) |
| Filing 20 NOTICE of Attorney Appearance by Gabriel Santiago Saade on behalf of Jorge Raimundo Gonzalez, Hialeah Tomatoes and Fresh Produce, Inc., KAZA INTERNATIONAL REALTY LLC, LUNA NURSERY, LLC, HELEN VICTORIA OLIVEIRA, VICTORIA PRODUCE LLC. Attorney Gabriel Santiago Saade added to party Jorge Raimundo Gonzalez(pty:dft), Attorney Gabriel Santiago Saade added to party Hialeah Tomatoes and Fresh Produce, Inc.(pty:dft), Attorney Gabriel Santiago Saade added to party KAZA INTERNATIONAL REALTY LLC(pty:dft), Attorney Gabriel Santiago Saade added to party LUNA NURSERY, LLC(pty:dft), Attorney Gabriel Santiago Saade added to party HELEN VICTORIA OLIVEIRA(pty:dft), Attorney Gabriel Santiago Saade added to party VICTORIA PRODUCE LLC(pty:dft). (Saade, Gabriel) |
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Filing 19
PAPERLESS ORDER. THIS MATTER is before the Court following the March 6, 2024 motion hearing. For the reasons set forth at the hearing, it is ORDERED AND ADJUDGED that the Temporary Restraining Order (DE #9 ) is extended for three weeks until March 27, 2024. Furthermore, Defendants have until March 13, 2024 to retain counsel or file a notice with the Court indicating that they intend to proceed pro se. As discussed at the hearing, only individual defendants may proceed pro se; LLC defendants may only proceed with counsel. Defendants will have until March 20, 2024 to file responses to Plaintiff's Preliminary Injunction Motion (DE #7 ). The Court will reset the hearing on the Motion for Preliminary Injunction (DE #7 ) at a later date. Signed by Judge Kathleen M. Williams on 3/7/2024. (ssh)
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| Reset Deadlines as to #7 MOTION for Preliminary Injunction . Deadline to obtain new counsel 3/13/2024. Reset Deadlines as to #7 MOTION for Preliminary Injunction . Responses due by 3/20/2024. Per d.e. 19 Order. (mee) |
| Filing 18 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Motion Hearing held on 3/6/2024 re: DE #7 MOTION for Preliminary Injunction filed by MontVerde Produce, Inc. As discussed at the hearing, Defendants have one week to retain counsel by 3/13/2024 or file a notice with the Court that they intend to proceed pro se. The Court extended the Temporary Restraining Order DE #9 for 3 weeks - 3/27/2024. Attorney Appearance(s): Katy Koestner Esquivel. Defendant Helen Oliveira appeared without counsel. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MontVerde Produce, Inc.. VICTORIA PRODUCE LLC served on 2/23/2024, response/answer due 3/15/2024. (Esquivel, Katy) |
| 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 MontVerde Produce, Inc.. LUNA NURSERY, LLC served on 2/23/2024, response/answer due 3/15/2024. (Esquivel, Katy) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MontVerde Produce, Inc.. KAZA INTERNATIONAL REALTY LLC served on 2/27/2024, response/answer due 3/19/2024. (Esquivel, Katy) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MontVerde Produce, Inc.. Hialeah Tomatoes and Fresh Produce, Inc. served on 2/23/2024, response/answer due 3/15/2024. (Esquivel, Katy) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MontVerde Produce, Inc.. Maria E. Brito served on 2/23/2024, response/answer due 3/15/2024. (Esquivel, Katy) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MontVerde Produce, Inc.. HELEN VICTORIA OLIVEIRA served on 2/27/2024, response/answer due 3/19/2024. (Esquivel, Katy) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MontVerde Produce, Inc.. Jorge Raimundo Gonzalez served on 2/22/2024, response/answer due 3/14/2024. (Esquivel, Katy) |
| Filing 10 CERTIFICATE OF SERVICE by MontVerde Produce, Inc. re #9 Order on Motion for Temporary Restraining Order, (Attachments: #1 Exhibit A (Unsigned Affidavit of Service - Hialeah Tomatoes), #2 Exhibit B (Jorge Raimundo Gonzalez), #3 Exhibit C (Maria E. Brito aka Maria Elena Brito), #4 Exhibit D (Victoria Produce), #5 Exhibit E (Luna Nursery), #6 Exhibit F (Attempted Service - Helen Oliveira), #7 Exhibit G (Attempted Service - Helen Oliveira), #8 Exhibit H (2-22-24 email corresp to all defendants), #9 Exhibit I (emails with Helen Oliveira), #10 Exhibit J (2-22-24 priority mail to defendants), #11 Exhibit K (Attempted Service - Kaza))(Esquivel, Katy) |
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Filing 9
ORDER GRANTING TEMPORARY RESTRAINING ORDER, granting #6 Motion for Temporary Restraining Order. Motion Hearing set for 3/6/2024 at 10:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 2/21/2024. See attached document for full details. (mee)
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| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by MontVerde Produce, Inc. (Esquivel, Katy) |
| Filing 7 MOTION for Preliminary Injunction by MontVerde Produce, Inc.. (Attachments: #1 Text of Proposed Order)(Esquivel, Katy) |
| Filing 6 EXPEDITED MOTION for Temporary Restraining Order ( Responses due by 3/5/2024.) by MontVerde Produce, Inc.. (Attachments: #1 Text of Proposed Order, #2 Memorandum Memorandum of Law in Support of Motions for Temporary Restraining Order & for Preliminary Injunction, #3 Affidavit of Ronald Gomez, #4 Exhibit Ex A (Plaintiff PACA License), #5 Exhibit Ex B (Hialeah Tomatoes PACA License), #6 Exhibit Ex C (Hialeah Tomatoes Secretary of State Records), #7 Exhibit Ex D (Unpaid Invoices), #8 Exhibit Ex E (Summary of Invoices), #9 Exhibit Ex F (Text Messages), #10 Exhibit Ex G (Hialeah Tomatoes Bounced Check), #11 Exhibit Ex H (Kaza Realty Bounced Check), #12 Exhibit Ex I (Deed), #13 Exhibit Ex J (Victoria Produce Secretary of State Records), #14 Exhibit Ex K (Wellington Olivera LinkedIn), #15 Exhibit Ex L (Wellington Olivera Online), #16 Exhibit Ex M (Kaza Realty Website), #17 Exhibit Ex N (Luna Nursery Secretary of State Records), #18 Certification Certification of Counsel)(Esquivel, Katy) Modified text on 2/20/2024 to reflect expedited motion filed (bb). |
| Filing 5 NOTICE of Filing Civil Cover Sheet by MontVerde Produce, Inc. re 4 Clerk's Notice to Filer re: Electronic Case (Attachments: #1 Civil Cover Sheet) (Esquivel, Katy) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (bb) |
| Filing 3 Summons Issued as to Maria E. Brito, Jorge Raimundo Gonzalez, Hialeah Tomatoes and Fresh Produce, Inc., KAZA INTERNATIONAL REALTY LLC, LUNA NURSERY, LLC, HELEN VICTORIA OLIVEIRA, VICTORIA PRODUCE LLC. (bb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (bb) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17302232, filed by MontVerde Produce, Inc.. (Attachments: #1 Exhibit A Summary & Invoices, #2 Summon(s) HIALEAH TOMATOES AND FRESH PRODUCE, INC, #3 Summon(s) JORGE RAIMUNDO GONZALEZ, #4 Summon(s) HELEN VICTORIA OLIVEIRA, #5 Summon(s) MARIA E. BRITO, #6 Summon(s) VICTORIA PRODUCE, LLC, #7 Summon(s) LUNA NURSERY, LLC, #8 Summon(s) KAZA INTERNATIONAL REALTY LLC)(Esquivel, Katy) |
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