New England Banana Company, Inc. v. Amara Market LC et al
| New England Banana Company, Inc. |
| Amara Market LC, Sophia Soeurn and Sothea Khiev |
| TD Bank, N.A. |
| 1:2020cv11229 |
| June 25, 2020 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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This docket was last retrieved on August 12, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 SUMMONS to Trustee Returned Executed TD Bank, N.A. served on 7/1/2020, answer due 7/22/2020. (Osborne, Andrew) |
| Filing 30 SUMMONS Returned Executed Sothea Khiev served on 7/21/2020, answer due 8/11/2020. (Osborne, Andrew) |
| Filing 29 SUMMONS Returned Executed Amara Market LC served on 7/21/2020, answer due 8/11/2020. (Osborne, Andrew) |
| Filing 28 SUMMONS Returned Executed Sophia Soeurn served on 7/28/2020, answer due 8/18/2020. (Osborne, Andrew) |
| Filing 27 MEMORANDUM of Law in Support of #26 First MOTION to Dismiss Complaint filed by Amara Market LC, Sophia Soeurn. (Kelly, Danielle) |
| Filing 26 First MOTION to Dismiss Complaint by Amara Market LC, Sophia Soeurn. (Attachments: #1 Affidavit of Sophia Soeurn)(Morency, Nancy) . Modified on 8/12/2020: Replaced main document to extract memorandum and properly file in separate entry. (Kelly, Danielle). |
| Filing 25 ANSWER of Trustee by TD Bank, N.A. (Attachments: #1 Cover Letter) (Kelly, Danielle) |
| Filing 24 ELECTRONIC NOTICE Canceling Hearing. Pursuant to the STIPULATION FOR WITHDRAWAL OF PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION #23 the hearing set for on July 23, 2020, at 3:00 PM is canceled. (MacDonald, Gail) |
| Filing 23 STIPULATION re #13 Temporary Restraining Order, 20 Order Canceling Deadline,, Terminate Motions, #2 MOTION for Injunctive Relief by New England Banana Company, Inc.. (Osborne, Andrew) |
| Filing 22 CERTIFICATE OF SERVICE pursuant to LR 5.2 by New England Banana Company, Inc. re ELECTRONIC ORDER 20 Regarding Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. (Osborne, Andrew) Modified on 7/10/2020: Corrected docket text to properly reflect filing (Kelly, Danielle). |
| Filing 21 ELECTRONIC NOTICE Setting Hearing on Motion #2 MOTION for Injunctive Relief : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 7/23/2020 03:00 PM in Courtroom 9 before Judge Indira Talwani. (Kelly, Danielle) |
| Filing 20 Judge Indira Talwani: ELECTRONIC ORDER GRANTING Joint Motion to Continue Hearing #18 . The videoconference hearing on Plaintiff's Motion for Preliminary Injunction #2 , presently scheduled for July 9, 2020, is continued to July 23, 2020, at 3:00 p.m. Plaintiff's counsel shall serve a copy of this order on Defendant Khiev and shall file a certificate of such service. (Kelly, Danielle) |
| Filing 19 CERTIFICATE OF SERVICE pursuant to LR 5.2 by New England Banana Company, Inc. re 15 Order Setting Hearing on Motion,,,, . (Osborne, Andrew) |
| Filing 18 Joint MOTION to Continue Motion for Injunction to 07/23/2020 by Amara Market LC, Sophia Soeurn.(Gallant, John) |
| Filing 17 NOTICE of Appearance by John F. Gallant on behalf of Amara Market LC, Sophia Soeurn (Gallant, John) |
| Filing 16 NOTICE of Appearance by Nancy A. Morency on behalf of Amara Market LC, Sophia Soeurn (Morency, Nancy). Modified on 7/8/2020: Replaced document with corrected document reflecting proper attorney. (Kelly, Danielle). |
| Filing 15 Judge Indira Talwani: ELECTRONIC ORDER entered. ORDER Setting Hearing on Motion #2 MOTION for Injunctive Relief : Motion Hearing set for 7/9/2020 04:00 PM before Judge Indira Talwani.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #www.public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 14 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 6/26/2020 re #2 MOTION for Injunctive Relief filed by New England Banana Company, Inc. Case called. Defendant Sothea Khiev did not appear; pro se defendant Soeurn to enter an appearance or retain counsel. Court had colloquy with parties. TRO to issue. Plaintiff to serve copies of all papers on Defendants. If relief is sought before the next hearing a motion may be filed asking to lift restrictions. Motion for Preliminary Injunction to be set for videohearing on July 9, 2020, at 4:00 p.m. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Osborne, Soeurn Pro Se) (MacDonald, Gail) |
| Filing 13 Judge Indira Talwani: ORDER entered. TEMPORARY RESTRAINING ORDER. See attached. (Kelly, Danielle) |
| Filing 12 AFFIDAVIT of Andrew M. Osborne re 10 Order Setting Hearing on Motion, Under Rule 65(b)(A) and (B) by New England Banana Company, Inc.. (Osborne, Andrew) |
| Filing 11 AFFIDAVIT of Andrew M. Osborne re #5 Memorandum in Support of Motion, #1 Complaint, #4 Affidavit in Support of Motion, 10 Order Setting Hearing on Motion, #2 MOTION for Injunctive Relief and Certificate of service by New England Banana Company, Inc.. (Osborne, Andrew) |
| Filing 10 Judge Indira Talwani: ELECTRONIC ORDER setting hearing on Motion for Temporary Restraining Order #2 by telephone conference on June 26, 2020, at 10:00 a.m. In advance of the hearing, Plaintiffs counsel shall provide notice to Defendants or their attorneys of the hearing and shall file a certificate so certifying, or shall file an affidavit providing the information set forth in Fed. R. Civ. P. 65(b)(1)(A) and (B). Calling instructions will be emailed to counsel. (MacDonald, Gail) |
| Filing 9 Summons to Trustee Issued as to TD Bank, N.A. (MacDonald, Gail) |
| Filing 8 Judge Indira Talwani: ELECTRONIC ORDER entered. Good cause shown, Plaintiffs Motion for Trustee Process #3 in the amount of $45,000 is GRANTED. (MacDonald, Gail) |
| Filing 7 Summons Issued as to Amara Market LC, Sothea Khiev, Sophia Soeurn. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Baker, Casey) |
| Filing 6 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 5 MEMORANDUM in Support re #3 MOTION for Trustee Process , #2 MOTION for Injunctive Relief filed by New England Banana Company, Inc.. (Osborne, Andrew) |
| Filing 4 AFFIDAVIT in Support re #3 MOTION for Trustee Process , #2 MOTION for Injunctive Relief filed by New England Banana Company, Inc.. (Osborne, Andrew) |
| Filing 3 MOTION for Trustee Process by New England Banana Company, Inc.. (Attachments: #1 Text of Proposed Order)(Osborne, Andrew) |
| Filing 2 MOTION for Injunctive Relief by New England Banana Company, Inc.. (Attachments: #1 Text of Proposed Order)(Osborne, Andrew) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-8302222 (Fee Status: Filing Fee paid), filed by New England Banana Company, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Osborne, Andrew) |
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