Mid-West Institutional Food Distributors, Inc. v. Mercy Hospital & Medical Center et al
Plaintiff: Mid-West Institutional Food Distributors, Inc. d/b/a Midwest Foods and Mid-West Institutional Food Distributors, Inc. doing business as Midwest Foods
Defendant: Silia Miglio and Mercy Hospital & Medical Center
Case Number: 1:2020cv04260
Filed: July 20, 2020
Court: US District Court for the Northern District of Illinois
Presiding Judge: John Robert Blakey
Nature of Suit: Agriculture Acts
Cause of Action: 07 U.S.C. ยง 499
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2020 Filing 14 ENTERED JUDGMENT Mailed notice(gel, )
August 18, 2020 Filing 13 MINUTE entry before the Honorable John Robert Blakey: Pursuant to Plaintiff's notice of voluntary dismissal #12 , and with the previously-entered TRO #11 having expired by its terms on 8/7/20, this case is hereby dismissed with prejudice under Rule 41(a). Civil case terminated. Mailed notice (gel, )
August 10, 2020 Filing 12 NOTICE of Voluntary Dismissal by Mid-West Institutional Food Distributors, Inc. (Serritella, William)
July 24, 2020 Filing 11 TEMPORARY Restraining Order. Signed by the Honorable Manish S. Shah on 7/24/2020. Notices mailed. (psm, )
July 24, 2020 Filing 10 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a temporary restraining order #5 is granted. The court finds that defendant Mercy Hospital & Medical Center received notice of the motion and the hearing scheduled by the court. Defendant did not appear. Plaintiff's motion, supporting affidavit and exhibits, and plaintiff's counsel's answers to the court's questions at the telephone hearing demonstrate a likelihood of success on the merits, the absence of an adequate alternate remedy, and irreparable harm to plaintiff. Plaintiff has demonstrated that defendant owes it $13,115.78 in unpaid, PACA-qualifying invoices. The balance of harms favors plaintiff because complying with its PACA obligations is not a harm to defendant at all. The public interest tips slightly in favor of plaintiff because of the public interest inherent in PACA's statutory goal of economic stability in agricultural markets. The court questioned whether defendant Mercy Hospital qualified as a dealer under PACA but concludes that the information presented is sufficient to infer that a hospital network of defendant's size does purchase more than $230,000 in produce in a calendar year. The court also questioned whether damages would be an adequate remedy given how long plaintiff waited before seeking injunctive relief. The $13,000 in unpaid bills from December 2019 has not caused significant harm to plaintiff's day-to-day operations. Nevertheless, the PACA trust is intended to eliminate the risk of non-payment and the instability caused by the loss of payment for perishable goods can reveal itself after the passage of some time. The passage of time also suggests that payment is not forthcoming, which would be an irreparable breach of the PACA trust. No bond is necessary to secure the TRO because the trust itself creates a secured interest in the full amount of the unpaid debt and so no damages are likely to befall defendant from a wrongful injunction. Due to the short notice provided to defendant and to give defendant an opportunity to present arguments, the court (Judge Shah sitting as Emergency Judge) declines to issue a Preliminary Injunction, but instead enters a Temporary Restraining Order that expires in 14 days. The assigned judge will then be afforded a full opportunity to revisit this order. Enter Temporary Restraining Order. Notices mailed. (psm, )
July 24, 2020 Filing 9 MINUTE entry before the Honorable Manish S. Shah: Telephone hearing held on the motion for temporary restraining order #5 . Plaintiff is directed to resubmit the proposed order, as discussed during the hearing, to proposed_order_shah@ilnd.uscourts.gov. The motion is taken under advisement, and the court will issue a ruling via cm/ecf today. Notices mailed. (psm, )
July 22, 2020 Filing 8 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 8/17/2020, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312)818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, )
July 21, 2020 Filing 6 MINUTE entry before the Honorable Manish S. Shah: Hearing on plaintiff's motion for temporary restraining order #5 is set for 7/24/20 at 11:45 a.m. The hearing shall be held by telephone. Members of the public and media may listen to these proceedings by dialing 1-888-204-5984 and using access code 9146677. Counsel of record and other essential case participants will receive an email prior to the start of the telephone hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notices mailed. (psm, )
July 20, 2020 Filing 5 MOTION by Plaintiff Mid-West Institutional Food Distributors, Inc. d/b/a Midwest Foods for temporary restraining order (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Serritella, William)
July 20, 2020 Filing 4 ATTORNEY Appearance for Plaintiff Mid-West Institutional Food Distributors, Inc. d/b/a Midwest Foods by Nicollette Liv Khuans (Khuans, Nicollette)
July 20, 2020 Filing 3 ATTORNEY Appearance for Plaintiff Mid-West Institutional Food Distributors, Inc. d/b/a Midwest Foods by William J. Serritella, Jr (Serritella, William)
July 20, 2020 Filing 2 CIVIL Cover Sheet (Serritella, William)
July 20, 2020 Filing 1 COMPLAINT filed by Mid-West Institutional Food Distributors, Inc. d/b/a Midwest Foods; Filing fee $ 400, receipt number 0752-17232747. (Attachments: #1 Exhibit Group Exhibit 1, #2 Exhibit Exhibit 2)(Serritella, William)
July 20, 2020 CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (ecw, )
July 20, 2020 SUMMONS Issued as to Defendants Mercy Hospital & Medical Center, Silia Miglio (gw, )

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Defendant: Silia Miglio
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Defendant: Mercy Hospital & Medical Center
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Plaintiff: Mid-West Institutional Food Distributors, Inc. d/b/a Midwest Foods
Represented By: Nicollette Liv Khuans
Represented By: William J. Serritella, Jr.
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Plaintiff: Mid-West Institutional Food Distributors, Inc. doing business as Midwest Foods
Represented By: Nicollette Liv Khuans
Represented By: William J. Serritella, Jr.
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