Anthony Marano Company v. Treasure Island Foods, Inc. et al
| Anthony Marano Company |
| Magazi Inc. t/a Treasure Island Foods, Maria A. Kamberos, Christ N. Kamberos, Jr., Treasure Island Foods, Inc., Davis Bancorp, Incorporated, Treasure Island Foods Montrose Corporation and Patrick D. Cavanaugh |
| Gotham Greens Pullman LLC, Original Chicago Produce Co., Inc., La Galera Produce, LLC, Dietz & Kolodenko Co., Strube Celery & Vegetable Co., Coosemans Chicago, Inc., Mandolini Co., Inc., Atom Banana, Inc. and JAB Produce, Inc. |
| 1:2018cv06657 |
| October 1, 2018 |
| U.S. District Court for the Northern District of Illinois |
| Sara L Ellis |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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| Document Text |
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| Filing 56 NOTICE by Anthony Marano Company re other #55 Notice of Filing re PACA Trust Chart with Certificate of Service (Marcus, Robert) |
| Filing 55 PACA Trust Chart by Anthony Marano Company (Marcus, Robert) |
| Filing 54 MINUTE entry before the Honorable Sara L. Ellis: The Clerk of Court is directed to deposit the amount of $40,139.96 into the court's registry without an interpleader form on behalf of Davis Bancorp. Mailed notice (rj, ) |
| Check BOND in the amount of $40,139.96, Receipt No. 4624213741, posted by Davis Bancorp, Incorporated (lma, ) |
| Filing 53 MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 11/8/2018. Plaintiff to file an amended complaint naming Davis Bancorp as a defendant by 11/9/2018. Davis Bancorp ordered to deposit the amount of $40,139.96 with the Clerk of Court by 11/14/2018. Davis Bancorp is free to file an answer if desired, however, is not required. The Court will decide who shall receive the deposited funds once the procedure for the claimants to make claims on the PACA trust has concluded. Parties report that claimants have all filed with the exception of two claimants who will file late claims by 11/14/2018. PACA trust chart to be filed by 12/10/2018. Status hearing set for 12/18/2018 at 9:30 AM. Mailed notice (rj, ) |
| Filing 52 ATTORNEY Appearance for Claimant Gotham Greens Pullman LLC by Ryan Todd Schultz (Schultz, Ryan) |
| Filing 51 SECOND AMENDED complaint by Anthony Marano Company against Patrick D. Cavanaugh, Maria A. Kamberos, Christ N. Kamberos, Jr., Magazi Inc. t/a Treasure Island Foods, Treasure Island Foods Montrose Corporation, Treasure Island Foods, Inc., Davis Bancorp, Incorporated Second Amended Complaint (To Enforce Payment From Produce Trust) (Marcus, Robert) |
| SUMMONS Issued as to Claimant Davis Bancorp Incorporated. (acm) |
| Filing 50 DECLARATION of Mark S. Damore, Sr. regarding order #22 Declaration of Mark S. Damore, Sr. in Support of PACA Proof of Claim of Original Chicago Produce Co., Inc. (Attachments: #1 Exhibit A, PACA Trust Chart, #2 Exhibit B, Stmt, NSF and Invoices, #3 Exhibit C, PACA License)(Fassett, Mary) |
| Filing 49 ATTORNEY Appearance for Claimant Original Chicago Produce Co., Inc. by Mary Jean Fassett (Fassett, Mary) |
| Filing 48 DECLARATION of Lisa Strube regarding order #22 Declaration of Lisa Strube in Support of PACA Proof of Claim of Strube Celery & Vegetable Company (Attachments: #1 Exhibit A, PACA Trust Chart, #2 Exhibit B, Part 1, #3 Exhibit B, Part 2, #4 Exhibit B, Part 3, #5 Exhibit B, Part 4a, #6 Exhibit B, Part 4b, #7 Exhibit B Part 5, #8 Exhibit B, Part 6, #9 Exhibit B, Part 7, #10 Exhibit C)(Fassett, Mary) |
| Filing 47 DECLARATION of Gregory A. Mandolini regarding order #22 Declaration of Gregory A. Mandolini in Support of PACA Proof of Claim of Mandolini Co., Inc. (Attachments: #1 Exhibit A, PACA Trust Chart, #2 Exhibit B, Part 1, #3 Exhibit B, Part 2, #4 Exhibit B, Part 3, #5 Exhibit B, Part 4, #6 Exhibit B, Part 5, #7 Exhibit B, Part 6, #8 Exhibit B, Part 7, #9 Exhibit B, Part 8, #10 Exhibit C)(Fassett, Mary) |
| Filing 46 DECLARATION of Jose (Pepe) D. Vega, Jr. regarding order #22 Declaration of Jose (Pepe) D. Vega, Jr. in Support of PACA Proof of Claim of La Galera Produce, LLC (Attachments: #1 Exhibit A, PACA Trust Chart, #2 Exhibit B, Part 1, #3 Exhibit B, Part 2, #4 Exhibit B, Part 3, #5 Exhibit B, Part 4, #6 Exhibit B, Part 5, #7 Exhibit B, Part 6, #8 Exhibit B, Part 7, #9 Exhibit C)(Fassett, Mary) |
| Filing 45 DECLARATION of Stephen A. Serck regarding order #22 Declaration of Stephen A. Serck in Support of PACA Proof of Claim of JAB Produce, Inc. (Attachments: #1 Exhibit A, PACA Trust Chart, #2 Exhibit B, Part 1, #3 Exhibit B, Part 2, #4 Exhibit B, Part 3, #5 Exhibit B, Part 4, #6 Exhibit B, Part 5, #7 Exhibit B, Part 6, #8 Exhibit B, Part 7, #9 Exhibit C)(Fassett, Mary) |
| Filing 44 DECLARATION of Sam R. Gaglione regarding order #22 Declaration of Sam R. Gaglione in Support of PACA Proof of Claim of Dietz & Kolodenko Co. (Attachments: #1 Exhibit A, PACA trust chart, #2 Exhibit B, Part 1, #3 Exhibit B, Part 2, #4 Exhibit B, Part 3, #5 Exhibit B, Part 4, #6 Exhibit B, Part 5, #7 Exhibit B, Part 6, #8 Exhibit B, Part 7, #9 Exhibit C)(Fassett, Mary) |
| Filing 43 DECLARATION of Mark Pappas regarding order #22 Declaration of Mark Pappas in Support of PACA Proof of Claim of Coosemans Chicago, Inc. (Attachments: #1 Exhibit A, PACA Trust Chart, #2 Exhibit B, part 1, #3 Exhibit B, part 2, #4 Exhibit B, part 3, #5 Exhibit B, part 4, #6 Exhibit B, part 5, #7 Exhibit B, part 6, #8 Exhibit B, part 7, #9 Exhibit C)(Fassett, Mary) |
| Filing 42 DECLARATION of Alec Gatziolis regarding order #22 Declaration of Alec Gatziolis in Support of PACA Proof of Claim of Atom Banana, Inc. (Attachments: #1 Exhibit A, PACA Trust Chart, #2 Exhibit B, Part 1, #3 Exhibit B, Part 2, #4 Exhibit B, Part 3, #5 Exhibit B, Part 4, #6 Exhibit B, Part 5, #7 Exhibit B, Part 6, #8 Exhibit B, Part 7, #9 Exhibit C)(Fassett, Mary) |
| Filing 41 DECLARATION of Torre Palandri regarding order #22 Declaration of Torre Palandri in Support of PACA Proof of Claim Anthony Marano Company (Marcus, Robert) |
| Filing 40 NOTICE by Patrick D. Cavanaugh re reply #38 (Kane, David) |
| Filing 39 EXHIBIT by Defendant Patrick D. Cavanaugh regarding reply #38 (Kane, David) |
| Filing 38 REPLY by Defendant Patrick D. Cavanaugh to response in opposition to motion, #35 (Attachments: #1 Exhibit A)(Kane, David) |
| Filing 37 DECLARATION of Eric Haley (Attachment). (yap, ) |
| Filing 36 NOTICE by Davis Bancorp, Incorporated re response in opposition to motion, #35 (Gibson, Amy) |
| Filing 35 RESPONSE by Davis Bancorp, Incorporatedin Opposition to MOTION by Defendant Patrick D. Cavanaugh to compel Davis Bancorp, Inc., to Turnover PACA Trust Assets #27 (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-Group D, #6 Exhibit 1-E, #7 Exhibit 1-F, #8 Exhibit 1-G)(Gibson, Amy) |
| Filing 34 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Atom Banana, Inc., Coosemans Chicago, Inc., Dietz & Kolodenko Co., JAB Produce, Inc., La Galera Produce, LLC, Mandolini Co., Inc., Strube Celery & Vegetable Co. (Fassett, Mary) |
| Filing 33 INTERVENOR complaint Complaint in Intervention to Enforce Payment from Produce Trust filed by La Galera Produce, LLC, JAB Produce, Inc., Atom Banana, Inc., Mandolini Co., Inc., Dietz & Kolodenko Co., Coosemans Chicago, Inc., Strube Celery & Vegetable Co. against Patrick D. Cavanaugh, Davis Bancorp, Incorporated, Maria A. Kamberos, Christ N. Kamberos, Jr., Magazi Inc. t/a Treasure Island Foods, Treasure Island Foods Montrose Corporation, Treasure Island Foods, Inc.(Fassett, Mary) |
| Filing 32 MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 10/30/2018. Non-party Davis Bancorp, Inc.'s first motion for extension of time to file response to motion for turnover #29 is granted. Response due by 10/31/2018. Reply due by 11/2/2018. Status hearing set for 11/7/2018 is stricken and reset for 11/8/2018 at 1:30 PM for ruling on motion for turnover of assets and report on complaints in intervention. Mailed notice (rj, ) |
| Filing 31 TRANSCRIPT OF PROCEEDINGS held on 10/09/18 before the Honorable Sara L. Ellis. Order Number: 32564. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/19/2018. Redacted Transcript Deadline set for 11/29/2018. Release of Transcript Restriction set for 1/28/2019. (Mullen, Patrick) |
| Filing 30 NOTICE of Motion by Amy Rapoport Gibson for presentment of motion for extension of time to file response/reply #29 before Honorable Sara L. Ellis on 10/30/2018 at 09:45 AM. (Gibson, Amy) |
| Filing 29 MOTION by Claimant Davis Bancorp, Incorporated for extension of time to file response/reply as to motion to compel #27 (Attachments: #1 Exhibit A)(Gibson, Amy) |
| Filing 28 ATTORNEY Appearance for Claimant Davis Bancorp, Incorporated by Amy Rapoport Gibson (Gibson, Amy) |
| Filing 27 MOTION by Defendant Patrick D. Cavanaugh to compel Davis Bancorp, Inc., to Turnover PACA Trust Assets (Attachments: #1 Declaration)(Dan, Jeffrey) |
| Filing 26 ATTORNEY Appearance for Defendants Magazi Inc. t/a Treasure Island Foods, Treasure Island Foods Montrose Corporation, Treasure Island Foods, Inc. by Bruce C. Scalambrino (Scalambrino, Bruce) |
| Filing 25 ATTORNEY Appearance for Defendants Magazi Inc. t/a Treasure Island Foods, Treasure Island Foods Montrose Corporation, Treasure Island Foods, Inc. by Gregg J. Simon (Simon, Gregg) |
| Filing 24 CERTIFICATE of Service re Notice of Procedure to Determine Valid PACA Trust Claims and the Order Establishing PACA Trust Claims Procedure with exhibit(s) by Robert B Marcus on behalf of Anthony Marano Company regarding order #22 (Marcus, Robert) |
| Filing 23 PRELIMINARY INJUNCTION. Signed by the Honorable Sara L. Ellis on 10/9/2018:Mailed notice(rj, ) |
Filing 22
ORDER ESTABLISHING PACA TRUST CLAIMS PROCEDURE. Signed by the Honorable Sara L. Ellis on 10/9/2018:Mailed notice(rj, )
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| Filing 21 MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 10/9/2018. Parties agree to waive service on Defendants. Defendants answers and other responsive pleadings are stayed pending further order of Court. Plaintiff's motion for order establishing PACA trust claims procedure #16 is granted. Order to issue. Plaintiff withdraws motion for TRO with notice #8 without prejudice as moot. Plaintiff's motion for preliminary injunction #9 is granted. Order to issue. Plaintiff to file a motion for turnover of assets by 10/17/2018; Davis Bancorp's response is due by 10/24/2018; Plaintiff's reply is due by 10/31/2018. Next status date set for 11/7/2018 at 9:30 AM for ruling on motion for turnover of assets and report on complaints in intervention. Status date of 12/4/2018 is stricken. Mailed notice (rj, ) |
| Filing 20 ATTORNEY Appearance for Claimant Davis Bancorp, Incorporated by R. Timothy Novel (Novel, R. Timothy) |
| Filing 19 ATTORNEY Appearance for Defendants Maria A. Kamberos, Christ N. Kamberos, Jr. by Arthur E. Stamas (Stamas, Arthur) |
| Filing 18 ATTORNEY Appearance for Defendant Patrick D. Cavanaugh by David Lawrence Kane (Kane, David) |
| SUMMONS Issued as to Defendants Maria A. Kamberos, Christ N. Kamberos, Jr. (jn, ) |
| Filing 17 NOTICE of Motion by Robert B Marcus for presentment of motion for miscellaneous relief #16 before Honorable Sara L. Ellis on 10/9/2018 at 09:30 AM. (Marcus, Robert) |
| Filing 16 MOTION by Plaintiff Anthony Marano Company For Order Establishing PACA Trust Claims Procedure (Marcus, Robert) |
| Filing 15 NOTICE of Motion by Robert B Marcus for presentment of motion for preliminary injunction #9 before Honorable Sara L. Ellis on 10/9/2018 at 09:30 AM. (Marcus, Robert) |
| Filing 14 ATTORNEY Appearance for Claimants Atom Banana, Inc., Coosemans Chicago, Inc., Dietz & Kolodenko Co., JAB Produce, Inc., La Galera Produce, LLC, Mandolini Co., Inc., Strube Celery & Vegetable Co. by William Briskin Kohn as Local Counsel (Kohn, William) |
| Filing 13 ATTORNEY Appearance for Claimants Atom Banana, Inc., Coosemans Chicago, Inc., Dietz & Kolodenko Co., JAB Produce, Inc., La Galera Produce, LLC, Mandolini Co., Inc., Strube Celery & Vegetable Co. by Mary Jean Fassett (Fassett, Mary) |
| Filing 12 NOTICE of Motion by Robert B Marcus for presentment of motion for temporary restraining order #8 before Honorable Sara L. Ellis on 10/9/2018 at 09:30 AM. (Marcus, Robert) |
| Filing 11 DECLARATION of Torre Palandri regarding motion for preliminary injunction #9 , motion for temporary restraining order #8 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Marcus, Robert) |
| Filing 10 MEMORANDUM by Anthony Marano Company in support of motion for preliminary injunction #9 , motion for temporary restraining order #8 (Attachments: #1 Exhibit A, PACA License for The Magazi Inc.)(Marcus, Robert) |
| Filing 9 MOTION by Plaintiff Anthony Marano Company for preliminary injunction (Marcus, Robert) |
| Filing 8 MOTION by Plaintiff Anthony Marano Company for temporary restraining order (Marcus, Robert) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Anthony Marano Company (Marcus, Robert) |
| Filing 6 First Amended Complaint Against Treasure Island Foods, Inc., The Magazi, Inc. t/a Treasure Island Foods, Treasure Island Foods Montrose Corporation, Patrick D. Cavenaugh, Not Individually, But Solely in His Capacity As Trustee-Assignee for Treasure Island Foods, Inc., Treasure Island Foods Montrose Corporation, and the Magazi, Inc., Maria A. Kamberos, and Christ N. Kamberos, Jr. AMENDED complaint by Anthony Marano Company against Maria A. Kamberos, Christ N. Kamberos, Jr., Magazi Inc. t/a Treasure Island Foods, Treasure Island Foods, Inc., Treasure Island Foods Montrose Corporation, Patrick D. Cavenaugh, Not Individually, But Solely In His Capacity as Trustee-Assignee for Treasure Island Foods, Inc., Treasure Island Foods Montrose Corporation and The Magazi, Inc. (Marcus, Robert) |
| Filing 5 MINUTE entry before the Honorable Sara L. Ellis: The initial status conference in this matter is set for 12/4/18 at 9:30 a.m. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' web site and to submit the required Initial Status Report by 11/27/2018. Mailed notice (mw, ) |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (yap, ) |
| CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable M. David Weisman. (jjr, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Anthony Marano Company by Robert B Marcus (Marcus, Robert) |
| Filing 2 CIVIL Cover Sheet (Marcus, Robert) |
| Filing 1 COMPLAINT to Enforce Payment from Produce Trust filed by Anthony Marano Company; Filing fee $ 400, receipt number 0752-15013651. (Attachments: #1 Exhibit 1-7)(Marcus, Robert) |
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