Midwest Vegetable Sales vs. Whitney Foods Inc. et al
| Midwest Vegetable Sales, LLC |
| Whitney Foods Inc and Joseph Fitzgerald |
| Ruby Robinson Company, LLC |
| 1:2020cv02633 |
| April 30, 2020 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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This docket was last retrieved on June 22, 2020. A more recent docket listing may be available from PACER.
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| Filing 48 MEMORANDUM OF JUDGMENT Signed by the Honorable Edmond E. Chang on 6/22/2020. (ma,) |
| Filing 47 MEMORANDUM of JUDGMENT Signed by the Honorable Edmond E. Chang on 6/18/2020. (ma,) |
| Filing 46 MEMORANDUM of JUDGMENT Signed by the Honorable Edmond E. Chang on 6/18/2020. (ma,) |
| Filing 45 MINUTE entry before the Honorable Edmond E. Chang: On the post-judgment proceeding motions #41 #43 , because the parties are permitted to invoke state-collection procedures, Fed. R. Civ. P. 69, under 735 ILCS 5/12-101, the motions are granted and memoranda of judgment will be entered to permit the lodging of liens. Mailed notice (ma,) |
| Filing 44 NOTICE of Motion by Mary Jean Fassett for presentment of motion for miscellaneous relief #43 before Honorable Edmond E. Chang on 6/23/2020 at 08:30 AM. (Fassett, Mary) |
| Filing 43 MOTION by Intervenor Plaintiff Ruby Robinson Company, LLC for Memorandum of Judgment (Attachments: #1 Exhibit Proposed Memorandum of Judgment)(Fassett, Mary) |
| Filing 42 NOTICE of Motion by Mary Elizabeth Gardner for presentment of motion to enforce judgment #41 before Honorable Edmond E. Chang on 6/23/2020 at 09:00 AM. (Gardner, Mary) |
| Filing 41 MOTION by Plaintiff Midwest Vegetable Sales, LLC to enforce judgment for Entry of Memorandum of Judgment (Attachments: #1 Exhibit proposed Memorandum of Judgment)(Gardner, Mary) |
| Filing 40 ENTERED JUDGMENT Signed by the courtroom deputy on 06/16/2020. Emailed notice (mw,) |
| Filing 39 JUDGMENT AND PERMANENT INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/16/2020. Emailed notice (mw,) |
| Filing 38 MINUTE entry before the Honorable Edmond E. Chang: Defendants have defaulted and failed to respond to the motion for default judgment #35 . The motion is granted. Judgment entered in favor of Plaintiff Midway Vegetable Sales, LLC against Defendants, Whitney Foods, Inc. and Joseph Fitzgerald, jointly and severally, in the amount of $43,763.56, plus post-judgment interest at the statutory rate, and all ongoing costs, expenses, and reasonable attorneys' fees. Judgment also entered in favor of Intervening Plaintiff Ruby Robinson Company, LLC against Defendants, Whitney Foods, Inc. and Joseph Fitzgerald, jointly and severally, in the amount of $40,447.85, plus post-judgment interest at the statutory rate, and all ongoing costs, expenses and reasonable attorneys' fees. Also, a permanent injunction is entered. A separate AO-450 judgment will be entered, as well the judgment order. Status hearing of 06/19/2020 is vacated. Civil case terminated. Emailed notice (mw, ) |
| Filing 37 CERTIFICATE of Service Of Proposed Judgment and Permanent Injunction Order by Mary Elizabeth Gardner on behalf of Midwest Vegetable Sales, LLC regarding MOTION by Intervenor Plaintiff Ruby Robinson Company, LLC for default judgment as to Joint Motion of Plaintiff and Intervening Plaintiff for Entry of Default Judgment Instanter and Other Relief #35 (Gardner, Mary) |
| Filing 36 MEMORANDUM by Ruby Robinson Company, LLC in support of motion for default judgment #35 Memorandum in Support of Joint Motion of Plaintiff and Intervening Plaintiff for Entry of Default Judgment Instanter And Other Relief (Attachments: #1 Declaration of Plaintiff in Support of Joint Motion of Plaintiff and Intervening Plaintiff for Entry of Default Judgment Instanter and Other Relief, with Exhibits, #2 Declaration of Attorney for Midway Vegetable Sales LLC in Support of Request to Include Attorney's Fees as Part of The PACA Judgment, with Exhibits, #3 Declaration of Robert Feldgreber in Support of Joint Motion for Entry of Default Judgment, with Exhibits, #4 Declaration of William B. Kohn in Support of Intervening Plaintiff's Request for an Award of Attorneys' Fees, With Exhibits, #5 Declaration of Mary Jean Fassett in Support of Intervening Plaintiff's Request for Attorneys' Fees, with Exhibits)(Fassett, Mary) |
| Filing 35 MOTION by Intervenor Plaintiff Ruby Robinson Company, LLC for default judgment as to Joint Motion of Plaintiff and Intervening Plaintiff for Entry of Default Judgment Instanter and Other Relief (Fassett, Mary) |
| Filing 34 PRELIMINAY INJUNCTION Order signed by the Honorable Edmond E. Chang: On Plaintiffs' motion for preliminary injunction, Defendants did not file a response by the deadline of 05/26/2020. The motion is granted as explained in the Order. With the answer deadline of 06/08/2020, the status hearing of 05/28/2020 is reset to 06/19/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). If the Defendants have not answered or responded to the complaint and the intervening complaint on or before 06/08/2020, then they are deemed to be in default. The Plaintiffs shall file a motion for default judgment in a sum certain by 06/11/2020. The motion must say how the Plaintiffs propose to allocate recovered funds (that is, equally, proportionately, or by some other allocation) and the Plaintiffs shall email to the Proposed Order account a proposed judgment order. Any defense response must be filed by 06/15/2020. Mailed notice (mw, ) |
Filing 33
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, )
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| Filing 32 SUMMONS Returned Executed by Ruby Robinson Company, LLC as to Whitney Foods Inc on 5/18/2020, answer due 6/8/2020. (Kohn, William) |
| Filing 31 SUMMONS Returned Executed by Ruby Robinson Company, LLC as to Joseph Fitzgerald on 5/18/2020, answer due 6/8/2020. (Kohn, William) |
| Filing 30 AFFIDAVIT of Service filed by Plaintiff Midwest Vegetable Sales, LLC regarding TRO served on Joseph Fitzgerald and Whitney Foods on 05/16/2020 (Attachments: #1 Exhibit Return for Joseph Fitzgerald, #2 Exhibit Return for Whitney Foods)(Gardner, Mary) |
| Filing 29 SUMMONS Returned Executed by Midwest Vegetable Sales, LLC as to Joseph Fitzgerald on 5/16/2020, answer due 6/8/2020. (Gardner, Mary) |
| Filing 28 SUMMONS Returned Executed by Midwest Vegetable Sales, LLC as to Whitney Foods Inc on 5/16/2020, answer due 6/8/2020. (Gardner, Mary) |
| Filing 27 MEMORANDUM by Ruby Robinson Company, LLC in support of motion for preliminary injunction #26 Memorandum in Support of Joint Motion for Preliminary Injunction (Fassett, Mary) |
| Filing 26 MOTION by Intervenor Plaintiff Ruby Robinson Company, LLC for preliminary injunction Joint Motion for Preliminary Injunction (Fassett, Mary) |
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Filing 25
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the Plaintiffs' motion #3 for TRO is granted. Ruby Robinson's motion to join #21 is granted. The Order shall remain in effect for 14 days, that is, through 05/28/2020. Status hearing set for 06/10/2020 is stricken. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 05/28/2020 at 8:30 a.m. But the Plaintiffs shall move, by May 22, 2020, for renewal of the TRO or for a preliminary injunction. The Defendants shall respond to any motion by 05/26/2020. For now, the motion #4 for preliminary injunction and consolidation with the merits is denied without prejudice. And may be renewed on 05/22/2020 or later. If the Defendants do not answer and are in default, then consolidation on the merits will not be necessary and the Plaintiffs may seek a default judgment anyway. Mailed notice (mw, )
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| SUMMONS Issued as to Defendants Joseph Fitzgerald, Whitney Foods Inc. (ng, ) |
| SUMMONS Issued for Intervenor Complaint as to Defendants Joseph A. Fitzgerald, Whitney Foods Inc. (ng, ) Modified on 5/14/2020 (ecw, ). |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: Defendants did not file a response to the pending motions. The Court takes the motions under advisement and will post a decision on the docket. The status hearing of 05/14/2020 is reset to 06/10/2020 at 9:45 a.m. If held, the status hearing will be held telephonically. The parties shall provide a contact number to the courtroom deputy (Michael_Wing@ilnd.uscourts.gov) by 1:00 p.m. on the prior business day. Mailed notice (mw, ) |
| Filing 23 DECLARATION of Robert Feldgreber regarding motion for miscellaneous relief #21 Declaration of Robert Feldgreber in Support of Intervening Plaintiff's Motion to Join In Temporary Restraining Order (Attachments: #1 Exhibit 1 - 4)(Fassett, Mary) |
| Filing 22 MEMORANDUM by Ruby Robinson Company, LLC in support of motion for miscellaneous relief #21 Memorandum in Support of Intervening Plaintiff's Motion to Join In Temporary Restraining Order (Fassett, Mary) |
| Filing 21 MOTION by Intervenor Plaintiff Ruby Robinson Company, LLCTo Join In Temporary Restraining Order (Fassett, Mary) |
| Filing 20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ruby Robinson Company, LLC (Fassett, Mary) |
| Filing 19 INTERVENOR complaint filed by Ruby Robinson Company, LLC against All Defendants (Attachments: #1 Exhibit A)(Fassett, Mary) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: The unopposed motion #13 of Ruby Robinson Company, LLC to intervene as a plaintiff is granted. Ruby Robinson shall file the complaint as a separate docket entry. Mailed notice (mw, ) |
| Filing 17 MEMORANDUM by Midwest Vegetable Sales, LLC in support of motion for preliminary injunction #4 , motion for temporary restraining order #3 SUPPLEMENTAL CITATIONS (Gardner, Mary) |
| Filing 16 ATTORNEY Appearance for Intervenor Plaintiff Ruby Robinson Company, LLC by William Briskin Kohn as Local Counsel (Kohn, William) |
| Filing 15 Plaintiff's Statement on Efforts to Serve Defendants with Notice of Motion for TRO STATEMENT by Midwest Vegetable Sales, LLC (Attachments: #1 Exhibit Cover letter and proof of service, #2 Exhibit Subpoena to Midway and return of service)(Gardner, Mary) |
| Filing 14 MEMORANDUM by Ruby Robinson Company, LLC in support of motion to intervene #13 (Fassett, Mary) |
| Filing 13 MOTION by Intervenor Plaintiff Ruby Robinson Company, LLC to intervene Motion for Leave to Intervene as Plaintiff (Attachments: #1 Exhibit 1, Proposed Complaint in Intervention)(Fassett, Mary) |
| Filing 12 ATTORNEY Appearance for Intervenor Plaintiff Ruby Robinson Company, LLC by Mary Jean Fassett (Fassett, Mary) |
| Filing 11 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. (rc, ) |
| Filing 10 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. (rc, ) Modified on 5/1/2020 (rc, ). |
| Filing 9 MINUTE entry before the Honorable Edmond E. Chang: In this case filed under the Perishable Agricultural Commodities Act, 7 U.S.C. 499a et seq., Plaintiff has moved for a TRO #3 and filed a supporting memorandum. The motion refers to the Civil Rule 65(b)(1)(B) attorney certificate, but it is not apparent where it is on the docket. By 05/04/2020, Plaintiff shall file the certificate or a concise supplement to the motion that points out where on the docket the certificate can be found. Relatedly, pre-judgment restraint on assets is a rare exception in federal litigation. Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999). Absent irreparable injury that would immediately harm Plaintiff without even giving notice of the case to Defendants, the better course is to order some attempt at providing notice. To do so, Plaintiff shall attempt to provide notice of the TRO motion #3 , the preliminary-injunction and consolidation motion #4 , and all related filings as follows: (1) call the mobile number (leave a voice-mail if it is unanswered, as noted in Malek Almassad's affidavit); (2) express mail the TRO to the Defendant Joseph Fitzgerald's residence; and (3) attempt to contact Fitzgerald at the place of his new employment. To that end and to expedite information gathering, Plaintiff is authorized to immediately subpoena Mid-West Institutional Food Distributors for (A) records sufficient to show Joseph Fitzgerald's business and residential contact information, including email addresses and telephone numbers; and (B) any records relating to Whitney Foods, Inc. from 08/16/2019 to the present. The return on the subpoena for Category A records is due within two business days of service; Category B records are due within five business days of service. By 05/08/2020, Plaintiff shall then file a supplement to the TRO motion stating what efforts it undertook to provide notice (notice need not meet the demands of formal service of process, H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 842 (7th Cir. 2012).) Defendants shall respond to all pending motions, if notified, by 05/12/2020. Having said all this, it is true that Plaintiff does seek a statutory remedy, so pre-judgment restraint could very well be appropriate against the assets of Whitney Foods. The Court has more hesitancy imposing a pre-judgment restraint absente controlling authority; none of the cases cited by Plaintiff for the proposition that control individuals can be held personally liable, R. 6 at 10, were issued by the Seventh Circuit (or within the last 20 years, for that matter). All of the pending motions are continued to 05/14/2020 at 9:30 a.m., but that is really to track the case; the motion will be decided on the filings unless the Court orders otherwise. Mailed notice (mw, ) |
| Filing 7 Rule 7.1 STATEMENT by Midwest Vegetable Sales, LLC (Gardner, Mary) |
| Filing 6 Memorandum of Law in Support of Motion to TRO and Preliminary Injunction by Midwest Vegetable Sales, LLC (Attachments: #1 Exhibit Exemplar TRO's)(Gardner, Mary) |
| Filing 5 AFFIDAVIT of Malek Almassad regarding motion for preliminary injunction #4 , motion for temporary restraining order #3 (Attachments: #1 Exhibit Trust Chart and invoices, #2 Exhibit USDA informal complaint, #3 Exhibit Defendant's PACA license, #4 Exhibit Defendant's corporate IL listing)(Gardner, Mary) |
| Filing 4 MOTION by Plaintiff Midwest Vegetable Sales, LLC for preliminary injunction and to Consolidate with a Trial on the Merits (Gardner, Mary) |
| Filing 3 MOTION by Plaintiff Midwest Vegetable Sales, LLC for temporary restraining order (Gardner, Mary) |
| Filing 2 CIVIL Cover Sheet (Gardner, Mary) |
| Filing 1 COMPLAINT filed by Midwest Vegetable Sales, LLC; Filing fee $ 400, receipt number 0752-16977983. (Attachments: #1 Exhibit Trust Chart and invoices)(Gardner, Mary) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (txl, ) |
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Filing 8
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020 (rc, )
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