FRANK M. GARGIULO & SON, INC. v. ACAI CAFE LLC et al
| FRANK M. GARGIULO & SON, INC. doing business as GARGIULO PRODUCE |
| ACAI CAFE LLC doing business as ACAI CAFE and JOSEPH RODRIGUEZ |
| 1:2023cv04018 |
| July 27, 2023 |
| US District Court for the District of New Jersey |
| Camden Office |
| Christine P O'Hearn |
| Elizabeth A Pascal |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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Filing 35
TEXT ORDER: The Court hereby ORDERS that the Show Cause Hearing will continue on October 3, 2023, beginning at 12:00 p.m., Courtroom 5A, before Judge Christine P. O'Hearn. It is ORDERED that at least one owner of Frank M. Gargiulo & Son, Inc. be present for the continuation of the Show Cause Hearing, in-person, on October 3, 2023. Counsel for Lee Pakulsky shall serve a copy of this text order on the owners of Frank M. Gargiulo & Son, Inc. No adjournment requests will be accepted. So Ordered by Judge Christine P. O'Hearn on 9/21/23. (hem, )
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| Filing 34 Minute Entry for proceedings held before Judge Christine P. O'Hearn: Show Cause Hearing held on 9/20/2023. Continuation of Show Cause Hearing set for October 3, 2023 at 12:00pm. (Court Reporter, Sharon Ricci (267-249-8780)) (amv) |
| Filing 33 Minute Entry for proceedings held before Judge Christine P. O'Hearn: Show Cause Hearing held on 9/19/2023. Continuation of Show Cause Hearing set for September 20, 2023 at 9:00am. (Court Reporter, Sharon Ricci (267-249-8780)) (amv) |
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Filing 32
TEXT ORDER: The Court hereby ORDERS at least one of the principals of Frank M. Gargiulo & Son, Inc. to be present for the continuation of the Show Cause Hearing, in-person, on September 20, 2023 at 9:00am, Courtroom 5A, before Judge Christine P. OHearn. Counsel for Lee Pakulsky shall serve a copy of this text order on the principals of Frank M. Gargiulo & Son, Inc. No adjournment requests will be accepted. So Ordered by Judge Christine P. O'Hearn on 9/19/23. (hem, )
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| Filing 31 MOTION for Leave to Appear Pro Hac Vice by HLADIK, ONORATO & FEDERMAN, LLP. (Attachments: #1 Application for Leave to Appear & Practice Pro Hac Vice, #2 Proposed Order, #3 Certificate of Service)(TAYLOR, DONALD) |
| Set Deadlines as to #31 MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/16/2023 before Magistrate Judge Elizabeth A. Pascal. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv) |
| Filing 30 **REDACTED** Transcript of Show Cause Hearing held on 8/16/2023, before Judge Christine P. O'Hearn. Court Reporter/Transcriber Ann Marie Mitchell (856-576-7018). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 10/3/2023. Redacted Transcript Deadline set for 10/13/2023. Release of Transcript Restriction set for 12/11/2023. (mag) |
| Filing 29 **SEALED** Transcript of Show Cause Hearing held on 8/16/2023, before Judge Christine P. O'Hearn. Court Reporter/Transcriber Ann Marie Mitchell (856-576-7018). This is the complete unredacted/sealed version of the transcript and is unavailable for public viewing. (mag) |
| Filing 28 NOTICE of Appearance by MICHAEL THOMAS HOLLISTER on behalf of All Plaintiffs (HOLLISTER, MICHAEL) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerk's office has added DONALD E. TAYLOR as representing FRANK M. GARGIULO & SON, INC. in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (amv) |
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Filing 27
TEXT ORDER: For clarification, as Federal Rule of Civil Procedure 11 is at issue, all lawyers who signed the pleadings for Plaintiff, including Stephen M. Hladik, Esq., shall be present at the September 13, 2023 Show Cause Hearing. So Ordered by Judge Christine P. O'Hearn on 9/11/23. (hem, )
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| Filing 26 NOTICE of Appearance by DONALD E. TAYLOR on behalf of HLADIK, ONORATO & FEDERMAN, LLP (TAYLOR, DONALD) |
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Filing 25
TEXT ORDER: The Show Cause Hearing presently scheduled for September 13, 2023 at 1:30pm is hereby RESCHEDULED to September 13, 2023 at 10:00am in Camden - Courtroom 5A before Judge Christine P. O'Hearn (time change only). So Ordered by Judge Christine P. O'Hearn on 9/11/23. (hem, )
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Filing 24
TEXT ORDER: The Court is in receipt of Donald E. Taylor, Esquire's letter requesting an adjournment of the September 13, 2023 Show Cause Hearing, ECF No. #21 . This request is DENIED. The Show Cause Hearing as to why the Plaintiff and Plaintiff's client should not be held in contempt for the failure to appear at the August 16, 2023 Preliminary Injunction Hearing, and the other matters described in this Court's Order to Show Cause, ECF No. #16 , shall proceed as scheduled. So Ordered by Judge Christine P. O'Hearn on 9/9/23. (hem, )
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| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE by ACAI CAFE LLC, JOSEPH RODRIGUEZ. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit AB, #29 Exhibit AC, #30 Certification PROOF OF FILING AND SERVICE)(FLYNN, ALEX) |
| Filing 22 NOTICE of Appearance by ALEX A. FLYNN on behalf of ACAI CAFE LLC, JOSEPH RODRIGUEZ (FLYNN, ALEX) |
| Filing 21 Letter from Donald E. Taylor, Esq. to Judge O'Hearn. (TAYLOR, DONALD) |
| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE by FRANK M. GARGIULO & SON, INC.. (MCCAFFERY, SARAH) |
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Filing 19
TEXT ORDER: The Court is in receipt of Plaintiff's "Response to Order to Show Cause" (ECF No. 18) (hereinafter "the Response"). The Response is hereby STRICKEN as failing to comply with the Court's Order to Show Cause (ECF No. 16), as well as the Federal Rules of Civil Procedure and this Court's Local Rules. Specifically, the Response (1) is in an inappropriate format as it is not a proper legal brief, certification, or responsive pleading; (2) contains facts which are not in the Plaintiff's Complaint (ECF No. 1) or any certifications submitted in support of the previously filed application for a Temporary Restraining Order (ECF No. 4); and (3) is an improper response to a motion to dismiss pursuant to Local Rule 7.1 (the Court's prior Order (ECF No. 16) deemed the Defendants' response to be a motion to dismiss and directed Plaintiff to respond thereto as to why this case should not be dismissed). Plaintiff's counsel shall, no later than September 5, 2023, file an appropriate legal brief in response to Defendants' Opposition (ECF No. 13) containing sufficient legal argument and case citations (1) as to why this matter should not be dismissed for lack of jurisdiction, including addressing any claim by Plaintiff that Defendant is a "commission merchant" subject to the federal statute at issue; (2) as to why Plaintiff's counsel and/or Plaintiff's agent should not be held in contempt for failing to appear on August 16, 2023, and why the Court should not impose sanctions; and (3) as to why Plaintiff's counsel and/or Plaintiff's agent should not be held in contempt for submitting certifications containing false information to the Court in support of their application for a TRO, and why the Court should not impose sanctions. Plaintiff's response shall contain appropriately signed certifications and/or declarations by Plaintiff's counsel, Plaintiff's agent, and/or any other persons as to all facts which are not of record. So Ordered by Judge Christine P. O'Hearn on 9/1/23. (hem, )
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| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE by FRANK M. GARGIULO & SON, INC.. (MCCAFFERY, SARAH) |
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Filing 17
TEXT ORDER: The Court hereby clarifies and supplements its prior Order to Show Cause (ECF No. 16) to specifically state that the attendance of Plaintiff's agent, Lee Pakulsly, shall appear along with Plaintiff's counsel on September 13, 2023 at 1:30pm in response to the Order to Show Cause as to why each should not be held in contempt. So Ordered by Judge Christine P. O'Hearn on 8/18/23. (hem, )
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Filing 16
ORDER TO SHOW CAUSE: Plaintiff is to file a response as to why this case should not be dismissed by 9/1/2023. Plaintiff and Plaintiff's counsel shall Show Cause on 9/13/2023 at 1:30 PM in Camden - Courtroom 5A before Judge Christine P. O'Hearn, as to why they should not be held in contempt for failing to comply with the Court's 8/2/2023 Order. Signed by Judge Christine P. O'Hearn on 8/17/2023. (amv)
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Filing 15
ORDER Dissolving the Temporary Restraining Order entered on August 2, 2023, against Defendant Acai Cafe LLC; Denying the request for a Preliminary Injunction by Plaintiff. Signed by Judge Christine P. O'Hearn on 8/16/2023. (amv)
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| Filing 14 Minute Entry for proceedings held before Judge Christine P. O'Hearn: Show Cause Hearing held on 8/16/2023. Ordered Defendant Joseph Rodriguez Sworn. ORDERED Temporary Restraining Order, ECF No. 6, is Dissolved. Order to be entered. ORDERED Show Cause Hearing as to why Plaintiff and Attorney Sarah K. McCaffery shall not be held in contempt for failing to appear. Show Cause Hearing set for September 13, 2023 at 1:30pm. Order to be entered. (Court Reporter, Ann Marie Mitchell (856-576-7018)) (amv) |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by ACAI CAFE LLC, JOSEPH RODRIGUEZ. (Attachments: #1 Certification Defendants' Certification, #2 Brief Memorandum of Law, #3 Exhibit Exhibits, #4 Certification Proof of Filing and Service)(FLYNN, RICHARD) |
| Filing 12 NOTICE of Appearance by RICHARD M FLYNN on behalf of ACAI CAFE LLC, JOSEPH RODRIGUEZ (FLYNN, RICHARD) |
| Filing 11 AFFIDAVIT of Service for TRO Order served on Acai Cafe LLC on 08/07/2023, filed by FRANK M. GARGIULO & SON, INC.. (MCCAFFERY, SARAH) |
| Filing 10 SUMMONS Returned Executed by FRANK M. GARGIULO & SON, INC.. ACAI CAFE LLC served on 8/2/2023, answer due 8/23/2023. (MCCAFFERY, SARAH) |
| Filing 9 SUMMONS Returned Executed by FRANK M. GARGIULO & SON, INC.. JOSEPH RODRIGUEZ served on 8/2/2023, answer due 8/23/2023. (MCCAFFERY, SARAH) |
| Filing 8 AFFIDAVIT of Service for TRO Order served on Acai Cafe LLC on 08/07/2023, filed by FRANK M. GARGIULO & SON, INC.. (MCCAFFERY, SARAH) |
| Filing 7 AFFIDAVIT of Service for TRO Order served on Joseph Rodriguez on 08/07/2023, filed by FRANK M. GARGIULO & SON, INC.. (MCCAFFERY, SARAH) |
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Filing 6
ORDER Granting #4 Plaintiff's Motion for TRO in part as to Defendant Acai Cafe LLC and denying in part as to Defendant Joseph Rodriguez; Directing Defendant Acai Cafe LLC to show cause on August 16, 2023 at 2:00 p.m. as to why the Court should not issue an Order under Federal Rule of Civil Procedure 65(a). Signed by Judge Christine P. O'Hearn on 8/2/2023. (amv) Modified on 8/3/2023 (tf, ).
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Filing 5
MEMORANDUM ORDER. Signed by Judge Christine P. O'Hearn on 8/2/2023. (amv)
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| Set Deadlines as to #4 MOTION for Temporary Restraining Order . Motion set for 9/5/2023 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv) |
| Filing 4 MOTION for Temporary Restraining Order by FRANK M. GARGIULO & SON, INC.. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certification, #4 Declaration, #5 Exhibit)(MCCAFFERY, SARAH) |
| Filing 3 SUMMONS ISSUED as to ACAI CAFE LLC, JOSEPH RODRIGUEZ. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jab) |
| Judge Christine P. O'Hearn and Magistrate Judge Elizabeth A. Pascal added. (dmw) |
| Filing 2 Corporate Disclosure Statement by FRANK M. GARGIULO & SON, INC.. (MCCAFFERY, SARAH) |
| Filing 1 COMPLAINT against ACAI CAFE LLC, JOSEPH RODRIGUEZ ( Filing and Admin fee $ 402 receipt number ANJDC-14485915), filed by FRANK M. GARGIULO & SON, INC.. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(MCCAFFERY, SARAH) |
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