Ben B. Schwartz & Sons, Inc. v. Produce for Less LLC et al
| Ben B. Schwartz & Sons, Inc. |
| Hassan Y Mroueh, Produce for Less LLC and Hassan Y Mroue |
| 4:2022cv12029 |
| August 29, 2022 |
| US District Court for the Eastern District of Michigan |
| David R. Grand |
| Shalina D Kumar |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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| Document Text |
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| Filing 16 MOTION for Default Judgment as to All Defendants by Ben B. Schwartz & Sons, Inc.. (Attachments: #1 Index of Exhibits A - Plaintiff's Declaration in Support of Motion, #2 Index of Exhibits B - Attorney Declaration in Support of Motion, #3 Proposed Order) (Nurenberg, Steven) |
| Filing 15 CLERK'S ENTRY OF DEFAULT as to *Hassan Y Mroueh* (SSch) |
| Filing 14 CLERK'S ENTRY OF DEFAULT as to *Produce for Less LLC* (SSch) |
| Filing 13 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Hassan Y Mroueh, Produce for Less LLC by Ben B. Schwartz & Sons, Inc.. (Attachments: #1 Exhibit A - Declaration in Support of Application, #2 Proposed Default) (Nurenberg, Steven) |
| Filing 12 CERTIFICATE OF SERVICE re Text-Only Order,, by Ben B. Schwartz & Sons, Inc. (Nurenberg, Steven) |
TEXT-ONLY ORDER: The Court HEREBY ORDERS Defendants to file a response to Plaintiff Ben B. Schwartz & Sons, Inc. Ex Parte Motion for Temporary Restraining Order (ECF No. 6) no later than Friday, September 16, 2022. If Defendants fail to file a response within the specified period, the court will decide the motion based solely on the current record which may result in an order GRANTING THE RELIEF REQUESTED. The court also orders that Plaintiff use the contact information available to it to send Defendants a copy of this order both via electronic mail and first class mail immediately or as soon as practicable. Signed by District Judge Shalina D. Kumar. (THal)
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| Set Deadlines as to #6 Ex Parte MOTION for Temporary Restraining Order . Response due by 9/16/2022 (THal) |
| Filing 11 AMENDED #6 Ex Parte MOTION for Temporary Restraining Order , Text-Only Order,,,, by Ben B. Schwartz & Sons, Inc. Supplemental Certification of Counsel Pursuant to Rule 65(b) (Attachments: #1 Exhibit 1 - 9/7/22 Email Notice, #2 Exhibit 2 - 9/7/22 Email Response, #3 Exhibit 3 - 9/7/22 Email Reply) (Nurenberg, Steven) |
| Filing 10 CERTIFICATE OF SERVICE re #7 MOTION for Preliminary Injunction , #6 Ex Parte MOTION for Temporary Restraining Order , Text-Only Order,,,, by Ben B. Schwartz & Sons, Inc. (Nurenberg, Steven) |
| Filing 9 CERTIFICATE of Service/Summons Returned Executed. Hassan Y Mroueh served on 9/2/2022, answer due 9/23/2022. (Nurenberg, Steven) |
| Filing 8 CERTIFICATE of Service/Summons Returned Executed. Produce for Less LLC served on 9/2/2022, answer due 9/23/2022. (Nurenberg, Steven) |
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TEXT-ONLY ORDER: On August 30, 2022, plaintiff Ben B. Schwartz & Sons, Inc. filed a motion for a temporary restraining order and expedited discovery [ECF No. 6] against defendants Produce for Less LLC and Hassan Y. Mroueh. Though plaintiff has fashioned the motion as one for ex parte relief, it appears that the filing does not fully comply with Fed. R. Civ. P. 65(b)(1)(B), which requires an attorney affidavit certifying its efforts to give notice to defendants and stating the reasons why notice should be excused. Plaintiff's affidavit does not indicate any effort to notify defendants of its motion. Therefore, plaintiff must serve its motion on defendants, confer with defendants' attorney(s), and notify the Court of the parties' earliest availability to participate in a telephonic status conference with the Court. If plaintiff is unable to serve and confer with defendants' attorney(s) by September 8, 2022, plaintiff may supplement its motion with an amended attorney certification to fully comply with Fed. R. Civ. P. 65(b)(1)(B). Signed by District Judge Shalina D. Kumar. (THal)
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| Filing 7 MOTION for Preliminary Injunction by Ben B. Schwartz & Sons, Inc.. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration in Support of Motion) (Nurenberg, Steven) |
| Filing 6 Ex Parte MOTION for Temporary Restraining Order by Ben B. Schwartz & Sons, Inc.. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration in Support of Motion, #3 Certification of Counsel, #4 Proposed Temporary Restraining Order) (Nurenberg, Steven) |
| Filing 5 SUMMONS Issued for *Hassan Y Mroueh* (DPer) |
| Filing 4 SUMMONS Issued for *Produce for Less LLC* (DPer) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DPer) |
| Filing 3 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ben B. Schwartz & Sons, Inc. (Nurenberg, Steven) |
| Filing 2 NOTICE by Ben B. Schwartz & Sons, Inc. -Civil Cover Sheet (Nurenberg, Steven) |
| Filing 1 COMPLAINT filed by Ben B. Schwartz & Sons, Inc. against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-9035612 - Fee: $ 402. County of 1st Plaintiff: Wayne County, Michigan - County Where Action Arose: Wayne County, Michigan - County of 1st Defendant: Wayne County, Michigan. [Previously dismissed case: No] [Possible companion case(s): None] (Nurenberg, Steven) |
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