Jacks Egg Farm, Inc. et al v. GMTC Food Services, LLC et al
| Jacks Egg Farm, Inc. D/B/A Jack's Egg Farm and Other Ingredients LLC, Jacob Neustadt, Mordecai Neustadt and Faith Mcginnis |
| GMTC Food Services, LLC, Danny Jordan, ABC Global Resources USA, LLC, ASAD KHAN, HAROON KHAN, Sweet New England Company, Inc., D/B/A Sugar Depot INC., Sugar Depot, INC., Albert McGregor, Rafael Carmelo, New England Four Corp., Ben-Zion Alcalay, PDC International NJ LLC, 92 Palm Food, INC., Monica Gallardo, Sergio Tovar, Ronnies Bakery Supplies, LLC and JOHN DOE'S 1-100 |
| 2:2023cv01092 |
| February 24, 2023 |
| US District Court for the District of New Jersey |
| Kevin McNulty |
| Cathy L Waldor |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.
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| Set Deadlines as to #35 MOTION to Dismiss Complaint. Motion set for 5/15/2023 before Judge Kevin McNulty. 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. (lag, ) |
| Filing 35 MOTION to Dismiss Complaint by Albert McGregor, Sugar Depot, INC., Sweet New England Company, Inc., D/B/A Sugar Depot INC.. Responses due by 5/1/2023. (Attachments: #1 Brief Memorandum of Law in Support, #2 Certification of Louis R. Moffa, Jr., #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service, #6 Text of Proposed Order)(MOFFA, LOUIS) |
Filing 34
TEXT ORDER: The Court has reviewed Plaintiff's application for substituted service, (ECF No. 33), and will conduct a telephone conference on 4/27/23 at 3:00 p.m. Counsel are instructed to dial 1-888-808-6929 and enter Access Code 9464201 at the time of the conference. So Ordered by Magistrate Judge Cathy L. Waldor on 4/14/23. (tjd)
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| Filing 33 NOTICE by Jacks Egg Farm, Inc., Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt re #1 Complaint,,, Notice of Motion for Substituted Service (Attachments: #1 Affidavit Attorney Affirmation, #2 Brief memorandum of law, #3 Exhibit notice of nonservice)(LEVENSON, SCOTT) |
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Filing 32
ORDER of Voluntary Dismissal with Prejudice as to Defendants Ronnies Bakery Supplies, LLC, Ben-Zion Alcalay and New England Four Corp. Signed by Judge Kevin McNulty on 3/31/2023. (dam)
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| Filing 31 NOTICE of Voluntary Dismissal by Jacks Egg Farm, Inc., Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (LEVENSON, SCOTT) |
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Filing 30
TEXT ORDER: The Court has reviewed counsel's letter dated 3/23/23. (ECF No. 29). Plaintiff shall submit another status report on or before 4/21/23. So Ordered by Magistrate Judge Cathy L. Waldor on 3/24/23. (tjd)
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| Filing 29 STATUS REPORT Letter to Judge Waldor by All Plaintiffs. (LEVENSON, SCOTT) |
| Filing 28 SUMMONS ISSUED as to Jacks Egg Farm, Inc., Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (lag, ) |
| Filing 27 Request for Summons to be Issued by Jacob Neustadt, Jacks Egg Farm, Inc., Mordecai Neustadt, Faith Mcginnis as to All Defendants. (LEVENSON, SCOTT) |
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Filing 26
TEXT ORDER: By Order dated 2/16/23, the Hon. Eric R. Komitee, U.S.D.J. directed Plaintiffs "to serve on Defendants a copy of Plaintiffs' Complaint, their papers in support of their request for injunctive relief, and [Judge Komitee's 2/16/23 Order], and to file proof of service on the docket." (ECF No. 23 at 4). On or before 3/3/23, Plaintiffs shall file a status report regarding the status of their efforts to effectuate service on Defendants. So Ordered by Magistrate Judge Cathy L. Waldor on 2/27/23. (tjd)
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| Filing 25 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:23-cv-00965. Original file certified copy of transfer order and docket sheet received. |
| Case assigned to Judge Kevin McNulty and Magistrate Judge Cathy L. Waldor. (jr) |
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ORDER -- In response to this Court's Order to Show Cause, ECF No. #23 , Plaintiffs have submitted a letter consenting to transfer this case to the District of New Jersey. Consent to Transfer, ECF No. #24 . The Court issued the Order to Show Cause because a substantial part of the events giving rise to the claims in this action occurred in that district: the sugar deliveries at issue were tendered there, and the flour that is the subject of Plaintiffs' request for a preliminary injunction is stored at a New Jersey warehouse. Compl. 31, ECF No. 1; Affirmation of Faith McGinnis 23, ECF No. 17-1. Venue therefore could have been laid in that District pursuant to 28 U.S.C. 1391(b)(2). I find it in the interest of justice to transfer the case there under 28 U.S.C. 1404(a) because very little, if any, of the events at issue in this case so far occurred in the Eastern District of New York. Accordingly, the Clerk of Court is respectfully directed to transfer this case to the U.S. District Court for the District of New Jersey. Local Rule 83.1 is waived based on the time-sensitive nature of this case and the consent of the Plaintiffs to transfer venue to the District of New Jersey. The conference scheduled for tomorrow, February 24, 2023, is cancelled. Ordered by Judge Eric R. Komitee on 2/23/2023. Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (AG)
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| Filing 24 NOTICE by Jacks Egg Farm, Inc., Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt re #23 Order on Motion for Order to Show Cause,,,, Memorandum & Opinion,,,, Set Hearings,,, (Levenson, Scott) |
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Filing 23
MEMORANDUM & ORDER: The request for a TRO is denied. By 6:00 p.m. on February 17, 2023, Plaintiffs are directed to serve on Defendants a copy of Plaintiffs' Complaint, their papers in support of their request for injunctive relief, and this Order, and to file proof of service on the docket. By February 21, 2023, Plaintiffs are directed to show cause why this case should not be transferred to the United States District Court for the District of New Jersey pursuant to 28 U.S.C. 1404(a). An in-person conference will be held at 10:00 a.m. on February 24, 2023 in Courtroom 6G North, provided that no order of transfer has issued before such time and date. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 2/16/2023. (AG)
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| NOTICE TO ATTORNEY SCOTT LEVENSON. If an attorney who is a member of the bar of this Court changes his or her residence or office address, the attorney shall immediately notify the Clerk of Court, in addition to serving and filing a notice of change of address in each pending case in which the attorney has appeared. See Local Rule 1.3(d). (AG) |
| Filing 22 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 21 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) |
| Filing 20 Summons Issued as to All Defendants. (SR) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Robert M. Levy. (SR) |
| Filing 19 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 18 Civil Cover Sheet.. by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Notice: Incorrect Civil Cover Sheet. The Clerk's Office cannot assign this case without a corrected Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SR) |
| Filing 17 Proposed MOTION for Order to Show Cause by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt. (Attachments: #1 Affidavit in Support, #2 Affidavit in Support, #3 Affidavit in Support) (Levenson, Scott) |
| Filing 16 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 15 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 14 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 13 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 12 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 11 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 10 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 9 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 8 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 7 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 6 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 5 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 4 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 3 Proposed Summons. Re #1 Complaint,,, by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 2 Civil Cover Sheet.. by Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Faith Mcginnis, Jacob Neustadt, Mordecai Neustadt (Levenson, Scott) |
| Filing 1 COMPLAINT UNDER RICO, for FRAUD, BREACH OF CONTRACT, CONVERSTION, UNJUST ENRICHMENT and RELATED CAUSES OF ACTION against 92 Palm Food, INC., ABC Global Resources USA, LLC, Ben-Zion Alcalay, Rafael Carmelo, GMTC Food Services, LLC, Monica Gallardo, John Does 1-100, Danny Jordan, Asad Khan, Haroon Khan, Albert McGregor, New England Four Corp., PDC International NJ LLC, Ronnies Bakery Supplies, LLC, Sugar Depot, INC., Sweet New England Company, Inc., D/B/A Sugar Depot INC., Sergio Tovar Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jacob Neustadt, Jacks Egg Farm, INC., D/B/A Jack's Egg Farm and Other Ingredients LLC, Mordecai Neustadt, Faith Mcginnis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Levenson, Scott) |
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