EAGLE FRUIT TRADERS, LLC v. ULTRA FRESH, LLC et al
| EAGLE FRUIT TRADERS, LLC |
| ULTRA FRESH, LLC, MICHAEL FELIX and WILLIAM HIDALGO |
| WEIS-BUY FARMS, INC. |
| 2:2018cv14541 |
| October 1, 2018 |
| US District Court for the District of New Jersey |
| Steven C Mannion |
| Esther Salas |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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| Document Text |
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| Filing 21 Answer to #20 Order; filed by Ashley Holmes, Operations Specialist of Branch Banking Trust Co. ("BB&T"). (sms) |
Filing 20
ORDER, granting Plaintiff's application for a preliminary injunction; within two (2) business days of service of this Order, Defendants and/or any third party, including without limitation any lending, banking or financial institution, in possession of any funds belonging to Ultra Fresh, its subsidiaries, affiliates, and/or related companies, shall produce and turnover any and all such funds, up to the principal amount of $44,800.00, to Plaintiff's counsel, who shall maintain and hold all such funds in trust pending further order of this Court; Plaintiff may move for additional injunctive relief as necessary to preserve the PACA Trust interests of Plaintiff and any other PACA Trust beneficiaries as may be identified via the ordered accounting; the bond requirements of Federal Rule of Civil Procedure 65(c) are met by Defendants holding trust assets of Plaintiff as security for the issuance of this Order; etc. Signed by Judge Esther Salas on 11/16/2018. (sms)
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| Filing 19 OPINION. Signed by Judge Esther Salas on 11/16/2018. (sms) |
| Filing 18 Minute Entry for proceedings held before Judge Esther Salas: Telephone Conference held on 11/13/2018. Ordered the plaintiff's preliminary injunction application is hereby granted. (Court Reporter Mary Jo Monteleone) (ps, ) |
| Set Deadlines as to #17 MOTION for Default Judgment as to . Motion set for 12/3/2018 before Judge Esther Salas. 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. (sms) |
| Filing 17 MOTION for Default Judgment as to by EAGLE FRUIT TRADERS, LLC. Responses due by 11/19/2018 (Attachments: #1 Certification of David W. Fassett in Support of Motion for Final Judgment by Default Against Defendants, #2 Certification of Mary Jean Fassett in Support of Motion for Final Judgment by Default Against Defendants, #3 Brief, #4 Text of Proposed Order)(FASSETT, DAVID) |
| Filing 16 Letter. (Attachments: #1 Text of Proposed Order)(FASSETT, DAVID) |
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Filing 15
TEXT ORDER: The Court will hold a telephonic conference with the parties at 3:00 p.m. on 11/13/2018. Plaintiff's counsel shall kindly coordinate the call and shall make a good faith effort to inform Defendants of the teleconference. During the call, the Court will address the status of this matter and the pending motion to intervene. So Ordered by Judge Esther Salas on 11/9/2018. (ps, )
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| Filing 14 CERTIFICATE OF SERVICE by EAGLE FRUIT TRADERS, LLC re #10 Order to Show Cause,,,, Terminate Motions,,, (FASSETT, DAVID) |
| Clerk's ENTRY OF DEFAULT as to Ultra Fresh, LLC, Michael Felix and William Hidalgo for failure to plead or otherwise defend. (sms) |
| Set Deadlines as to #12 MOTION to Intervene . Motion set for 12/3/2018 before Judge Esther Salas. 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. (sms) |
| Filing 12 MOTION to Intervene by WEIS-BUY FARMS, INC.. (Attachments: #1 Brief, #2 Exhibit - Complaint-in-Intervention, #3 Text of Proposed Order)(STONBERG, MICHAEL) |
| Filing 13 Transcript of Oral Opinion held on November 1, 2018, before Judge Esther Salas. Court Reporter: Mary Jo Monteleone (973-580-5262). 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 due, but not filed, by 11/26/2018. Redacted Transcript Deadline set for 12/6/2018. Release of Transcript Restriction set for 2/4/2019. (jml, ) |
| Filing 11 Request for Default by EAGLE FRUIT TRADERS, LLC against all Defendants. (FASSETT, DAVID) |
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Filing 10
ORDER TO SHOW CAUSE as to why the Court should not issue an Order, preliminarily enjoining Defendant Ultra Fresh, LLC, its customers, agents, officers,employees, subsidiaries, assigns, and financial institutions from alienating, dissipating, paying over, assigning, or otherwise impairing any assets of Defendant Ultra Fresh, LLC, except for payment to Plaintiff until further Order of this Court or until Defendants pay Plaintiff the sum of $44,800.00 plus interest, costs, and attorneys fees. Show Cause Hearing set for 11/16/2018 01:30 PM before Judge Esther Salas. Any Show Cause Response due by 11/8/2018. Plaintiff's application for a Temporary Restraining Order and Order toShow Cause in GRANTED, etc. Signed by Judge Esther Salas on 11/1/2018. (gl, )
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| Filing 9 Minute Entry for proceedings held before Judge Esther Salas: Opinion read into the record for the pltfs, pending motion for an OTSC with Temporary Restraints [D.E. #4] on 11/1/2018. (Court Reporter Mary Jo Monteleone) (ps, ) |
| Filing 8 Letter from David W. Fassett, Esq.. (FASSETT, DAVID) |
| Filing 7 Minute Entry for proceedings held before Judge Esther Salas: Hearing on the pltfs, application for a TRO held on 10/25/2018. Decision Reserved. (Court Reporter Mary Jo Monteleone) (ps, ) |
| Minute Entry for proceedings held before Magistrate Judge Steven C. Mannion: Settlement Conference held on 10/25/2018. case settled, settlement placed on record, counsel to submit stipulated judgment to the court. (Court Reporter/Recorder ECR.) (spc, ) |
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Filing 6
TEXT ORDER: Counsel for defendant's Ultra Fresh LLC and Michael Felix are hereby permitted to participate telephonically during the 10/25/2017 hearing. So Ordered by Judge Esther Salas on 10/24/2018. (ps, )
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| Filing 5 Certification on behalf of EAGLE FRUIT TRADERS, LLC Re #4 Motion for Order to Show Cause. (FASSETT, DAVID) |
| Set Hearings: Please be advised that a hearing has been scheduled for the plaintiff's TRO application for 10/25/2018 at 11:30 AM in Newark - Courtroom 5A before Judge Esther Salas. Plaintiff's counsel shall make a good faith effort to inform the Defendants of the hearing. (ps, ) |
| Set Deadlines as to #4 MOTION for Order to Show Cause . Motion set for 11/19/2018 before Judge Esther Salas. 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. (sms) |
| Filing 4 MOTION for Order to Show Cause by EAGLE FRUIT TRADERS, LLC. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Declaration of Michael J. Giglio)(FASSETT, DAVID) |
| Filing 3 AFFIDAVIT of Service for Summons and Complaint, Certification, Civil Cover Sheet served on Ultra Fresh, LLC, Michael Felix, William Hidalgo on 10/10/18, filed by EAGLE FRUIT TRADERS, LLC. (FASSETT, DAVID) |
| Filing 2 SUMMONS ISSUED as to MICHAEL FELIX, WILLIAM HIDALGO, ULTRA FRESH, LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jr) |
| Case assigned to Judge Esther Salas and Magistrate Judge Steven C. Mannion. (jr) |
| Filing 1 COMPLAINT against ULTRA FRESH, LLC, MICHAEL FELIX, WILLIAM HIDALGO ( Filing and Admin fee $ 400 receipt number 0312-9063044), filed by EAGLE FRUIT TRADERS, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons Ultra Fresh, LLC, #3 Summons Michael Felix, #4 Summons William Hidalgo)(FASSETT, DAVID) |
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