EXP Group LLC v. CFK Produce Corp. et al
| EXP Group LLC |
| CFK Produce Corp., Koji Ueno and Katheryn De La Rosa |
| 1:2019cv05083 |
| September 6, 2019 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Robert M Levy |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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| Document Text |
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| Filing 24 CERTIFICATE OF SERVICE by EXP Group LLC re Initial Conference Hearing,,,, Regarding Notice to JP Morgan Chase Bank, N.A. (Bodner, Jonathan) |
| Filing 23 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Koji Ueno has failed to appear or otherwise defend this action, the default of defendant Koji Ueno is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 22 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant CFK Produce Corp. has failed to appear or otherwise defend this action, the default of defendant CFK Produce Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Paul Gentile; Katheryn De La Rosa, pro se, with a friend, Liza Veno, who translated the proceedings. The friend was placed under oath. Ms. De La Rosa stated that she understood today's proceedings. (1) Ms. De La Rosa states that she is not a proper defendant in this case and is willing to provide her banking records to prove it. (2) Plaintiff shall serve interrogatories and document requests by 12/2/19. Ms. De La Rosa shall respond by 1/3/19. Plaintiff shall take Ms. De La Rosa's deposition by 2/3/20. (3) Plaintiff shall contact Chase by 11/4/19, provide a copy of the TRO and confirm that, under the TRO, Ms. De La Rosa's account(s) should not be frozen. (4) Ms. De La Rosa was given a referal to the City Bar's EDNY legal assistance center. (5) Next conference 2/26/20 at 10:00 (tel)(status). This conference was recorded by iPhone voice recording. Initial Conference Hearing held on 11/1/2019 (FTR Log #1:10-.) (Levy, Robert) |
| Filing 21 Letter to Magistrate by EXP Group LLC (Gentile, Paul) |
| Filing 20 Request for Certificate of Default by EXP Group LLC (Attachments: #1 Affirmation In Support, #2 Proposed Certificate of Default) (Gentile, Paul) |
| Filing 19 Request for Certificate of Default by EXP Group LLC (Attachments: #1 Affirmation In Support, #2 Proposed Certificate of Default) (Gentile, Paul) |
Filing 18
SCHEDULING ORDER: Initial Conference set for 11/15/2019 at 10:00 AM in Courtroom 11B South before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 10/29/2019. (Attachments: #1 IC Questionnaire, #2 Individual Rules) (Marino, Janine)
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SCHEDULING ORDER re #16 A telephone conference is scheduled for November 1, 2019 at 12:30 p.m. before Magistrate Judge Robert M. Levy at (718) 613-2340. Plaintiff's counsel is directed to initiate the conference call. Ordered by Magistrate Judge Robert M. Levy on 10/29/2019. (Marino, Janine)
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| Filing 17 AFFIDAVIT by Koji Ueno. (Tavarez, Jennifer) |
| Filing 16 Letter dated 10/7/2019 to Magistrate Judge Levy from Katheryn De La Rosa requesting the Court order 'limited, expedited discovery' into her employment at CFK Produce Corp. to verify if she is the appropriate defendant. (See letter for details) (Tavarez, Jennifer) |
| Filing 15 ANSWER to #1 Complaint by Katheryn De La Rosa. (Ramesar, Thameera) |
| Filing 14 CERTIFICATE OF SERVICE by EXP Group LLC re #13 Preliminary Injunction,, (Bodner, Jonathan) |
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Filing 13
PRELIMINARY INJUNCTION ORDER: It is hereby Ordered that CKF Produce Corp. and Koji Ueno, and their agents, employees, officers, directors, subsidiaries, related entities, successors, and assigns, shall not transfer, alienate, dissipate, pay over or assign any assets of CKF Produce Corp. or Koji Ueno until further order of this Court or until CKF Produce Corp. or Koji Ueno deliver to Plaintiffs counsel the aggregate amount of $425,129.50 by bank check or wire transfer. (See Order for details). Ordered by Judge LaShann DeArcy Hall on 9/19/2019. (Ramesar, Thameera)
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| Filing 11 Letter with Proposed Preliminary Injunction Order by EXP Group LLC (Attachments: #1 Proposed Order) (Bodner, Jonathan) |
| MINUTE ENTRY AND SCHEDULING ORDER: A hearing regarding Plaintiff's request for a preliminary injunction was held before Judge LaShann DeArcy Hall on September 18, 2019. Jonathan Bodner and Paul T. Gentile appeared on behalf of Plaintiffs. Defendant Katheryn De La Rosa appeared pro se. Defendant Katheryn De La Rosa is directed to respond to Plaintiff's complaint #1 on or before November 1, 2019. (Court reporter: Michele Nardone) (Valderrama, Freddie) |
| Filing 12 MOTION to Appoint Counsel , MOTION for Leave to Proceed in forma pauperis by Katheryn De La Rosa. (Ramesar, Thameera) |
| Filing 10 REPLY in Opposition re #5 Order to Show Cause, filed by Katheryn De La Rosa. (Ramesar, Thameera) |
| Filing 9 SUMMONS Returned Executed by EXP Group LLC. Katheryn De La Rosa served on 9/10/2019, answer due 10/1/2019. (Bodner, Jonathan) |
| Filing 8 SUMMONS Returned Executed by EXP Group LLC. Koji Ueno served on 9/10/2019, answer due 10/1/2019. (Bodner, Jonathan) |
| Filing 7 SUMMONS Returned Executed by EXP Group LLC. CFK Produce Corp. served on 9/10/2019, answer due 10/1/2019. (Bodner, Jonathan) |
| Filing 6 CERTIFICATE OF SERVICE by EXP Group LLC re #5 Order to Show Cause, (Bodner, Jonathan) |
| MINUTE ENTRY: An ex parte hearing on Plaintiff's September 6, 2019 motion for a temporary restraining order ("TRO") was held before Judge LaShann DeArcy Hall on September 6. Jonathan S. Bodner appeared on behalf of Plaintiff. The motion was granted in part and the TRO was issued as modified on the record. (Court Reporter Stacy Mace) (Valderrama, Freddie) |
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Filing 5
ORDER TO SHOW CAUSE: The above-named Defendants show cause before this Courtat Room 4H North United States District Court for the Eastern District of New York, 225 Cadman Plaza Brooklyn, New York 11201 on 9/18/2019 at 2 o'clock PM. Ordered by Judge LaShann DeArcy Hall on 9/6/2019. (Ramesar, Thameera)
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| Filing 4 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. (Davis, Kimberly) |
| Filing 3 DISCLOSURE of Interested Parties by EXP Group LLC. (Davis, Kimberly) |
| Filing 2 Summons Issued as to CFK Produce Corp., Katheryn De La Rosa, Koji Ueno. (Davis, Kimberly) |
| Filing 1 COMPLAINT against CFK Produce Corp., Katheryn De La Rosa, Koji Ueno, filed by EXP Group LLC. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| FILING FEE: $ 400, receipt number 4653143316 (Davis, Kimberly) |
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