Dave's Specialty Imports, Inc. v. Produce for Less, Inc. et al
| Dave's Specialty Imports, Inc. |
| Aleksandr Gavrilov, Alexander Gavrilov and Produce for Less, Inc. |
| NS Brands, Ltd., FR Fresh Produce, LLC and Avocavi Produce, LLC |
| 1:2019cv07136 |
| December 20, 2019 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Peggy Kuo |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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| Document Text |
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| Filing 26 SUMMONS Returned Executed by NS Brands, Ltd., FR Fresh Produce, LLC, Avocavi Produce, LLC. Aleksandr Gavrilov served on 2/3/2020, answer due 2/24/2020. (Stokes, Craig) |
| Filing 25 APPLICATION #24 for Refund of Fees Paid Electronically Ordered by Clerk of Court on 2/3/2020. (Marziliano, August) |
| Filing 24 MOTION for Refund of Fees Paid Electronically by Dave's Specialty Imports, Inc.. (Attachments: #1 Exhibit A - Receipts & NEF) (Gembala, Ryan) |
| Filing 23 Corporate Disclosure Statement by Dave's Specialty Imports, Inc. (Gembala, Ryan) |
| Filing 22 Summons Issued as to Aleksandr Gavrilov, Produce for Less, Inc. (Attachments: #1 Summons) (Ramesar, Thameera) |
Filing 21
PRELIMINARY INJUNCTION: It is hereby ORDERED that Defendants are preliminarily enjoined from transferring any and all assets in which they have any interest and are required, during the pendency of this action, to place in trust with this Court the principal sum of $163,353.00, plus such other and further sums for interest and attorneys' fees as the Court may direct, into an interest-bearing account in satisfaction of Defendants' statutory obligation as trustees under Section 5(c) of the Perishable Agricultural Commodities Act of 1930, as amended, 7 U.S.C. 499e(c) ["PACA"], and are preliminarily enjoined from dissipating their produce-derived assets including disbursement of any and all funds arising out of transactions of business in fresh and/or frozen fruits and vegetables or food or other products derived from such commodities, which come into their possession, custody or control, and taking any action with respect to accounts receivable except collection and aggregation of such proceeds, and selling and/or transferring any and all property, real or personal or both, of any kind or nature in which they have any interest whether legal or equitable pending further Order of this Court. (See order for details). Ordered by Judge LaShann DeArcy Hall on 1/27/2020. (Ramesar, Thameera)
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| Filing 20 Intervenor COMPLAINT , filed by NS Brands, Ltd., FR Fresh Produce, LLC, Avocavi Produce, LLC. (Attachments: #1 Exhibit A - Open Invoices, #2 Proposed Summons Summons to Produce for Less Inc., #3 Summons to Aleksandr Gavrilov) (Stokes, Craig) |
| MINUTE ENTRY AND ORDER: A preliminary injunction hearing was held before Judge LaShann DeArcy Hall on January 27, 2020. Ryan Gembala appeared on behalf of Plaintiff. Defendants failed to appear. The Court granted Plaintiff's motion for a preliminary injunction #21 . (Court Reporter Rivka Teich.) (Williams, Erica) Modified on 1/30/2020 (Williams, Erica). |
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Filing 19
ORDER: that the Motion is GRANTED. Intervenors are granted leave to intervene in this case by filing the Complaint in Intervention attached to its Motion, along with the appropriate filing fee, if applicable, and thereafter the Clerk of the Court may issue Summons related to the Complaint. Ordered by Judge LaShann DeArcy Hall on 1/24/2020. (Ramesar, Thameera)
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| Filing 18 Corporate Disclosure Statement by Avocavi Produce, LLC, FR Fresh Produce, LLC, NS Brands, Ltd. (Stokes, Craig) |
| Filing 17 MOTION to Intervene Unopposaed by Avocavi Produce, LLC, FR Fresh Produce, LLC, NS Brands, Ltd.. (Attachments: #1 Proposed Intervenor Complaint and Open Invoices, #2 Proposed Order) (Stokes, Craig) |
| Filing 16 SUMMONS Returned Executed by Dave's Specialty Imports, Inc.. Produce for Less, Inc. served on 1/14/2020, answer due 2/4/2020. (Gembala, Ryan) |
| Filing 15 SUMMONS Returned Executed by Dave's Specialty Imports, Inc.. Aleksandr Gavrilov served on 1/14/2020, answer due 2/4/2020. (Gembala, Ryan) |
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MINUTE ENTRY AND SCHEDULING ORDER: A status conference was held on January 10, 2020 before Judge LaShann DeArcy Hall. Matthew Anderson Dooley appeared on behalf of Plaintiff. The Court's order #8 deeming service by Federal Express or other national overnight delivery service good and sufficient service was issued in error. Plaintiff must serve Defendants in accordance with the Federal Rules of Civil Procedure. Upon motion by Plaintiff, the temporary restraining order granted on December 30, 2019 and expiring on January 13, 2020 shall be extended for 14 days, until January 27, 2020. Defendants shall respond to Plaintiff's motion for a preliminary injunction upon execution of the summons within five business days or by January 24, 2020, whichever is earlier. The Court shall hold a preliminary injunction hearing on January 27, 2020 at 11:00 a.m. in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 1/10/2020. (Court Reporter Michele Lucchese.) (Williams, Erica)
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| Filing 14 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12217878. by Dave's Specialty Imports, Inc.. (Attachments: #1 Affidavit in Support - Matthew A. Dooley, #2 Exhibit B -Certificates of Good Standing, #3 Proposed Order) (Dooley, Matthew) |
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ORDER granting #14 Motion for Leave to Appear pro hac vice. Attorney Matthew a. Dooley is permitted to appear pro hac vice on behalf of Plaintiff Dave's Specialty Imports, Inc. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 1/6/2020. (Riquelme, Claudia) Modified on 1/9/2020 to reflect the corrected name of the attorney admitted pro hac vice. (Riquelme, Claudia).
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Filing 13
SCHEDULING ORDER: An Initial Conference will be held in this case on March 20, 2020 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 1/2/2020. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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| Filing 12 DECLARATION re #8 1 - Applicable Party Document CV,, Order to Show Cause, by Dave's Specialty Imports, Inc. (Attachments: #1 Exhibit A - Cover Letter to Gavrilov, #2 Exhibit B - Fed Ex Proof of Delivery) (Gembala, Ryan) |
| Filing 11 SUMMONS Returned Executed by Dave's Specialty Imports, Inc.. Produce for Less, Inc. served on 12/31/2019, answer due 1/21/2020. (Attachments: #1 Exhibit A - Cover Letter to Gavrilov, #2 Exhibit B - Fed Ex Proof of Delivery) (Gembala, Ryan) |
| Filing 10 SUMMONS Returned Executed by Dave's Specialty Imports, Inc.. Aleksandr Gavrilov served on 12/31/2019, answer due 1/21/2020. (Attachments: #1 Exhibit A - Cover Letter to Gavrilov, #2 Exhibit B - Fed Ex Proof of Delivery) (Gembala, Ryan) |
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ORDER: Plaintiff's motion #9 to adjourn the preliminary injunction hearing scheduled for January 10, 2020 at 2:00 p.m. is DENIED. Ordered by Judge LaShann DeArcy Hall on 1/2/2020. (Valderrama, Freddie)
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| Filing 9 MOTION to Adjourn Conference /Hearing Scheduled for January 10, 2020 and Request for New Date by Dave's Specialty Imports, Inc.. (Gembala, Ryan) |
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Filing 8
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE: that in addition to ECF noticing, Plaintiff shall serve Defendants a copy of this Order To Show Cause and the papers upon which it is based, together with the summons and complaint, by Federal Express or other national recognized overnight delivery service by December 31, 2019, which shall be deemed good and sufficient service. Ordered by Judge LaShann DeArcy Hall on 12/27/2019. (Ramesar, Thameera)
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ORDER granting #2 Motion for Leave to Appear pro hac vice. Attorney Ryan Gembala is permitted to appear pro hac vice on behalf of plaintiff Dave's Specialty Imports, Inc. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 12/30/2019. (Riquelme, Claudia)
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| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 6 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. (Bowens, Priscilla) |
| Filing 5 Summons Issued as to All Defendants. (Attachments: #1 Aleksandr summons) (Bowens, Priscilla) |
| Case assigned to Judge LaShann DeArcy Hall and Magistrate Judge Peggy Kuo. 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. (Bowens, Priscilla) |
| Filing 4 MEMORANDUM in Support re #3 Motion for TRO, Motion for Preliminary Injunction, 1 - Exparte Document CV filed by Dave's Specialty Imports, Inc.. (Attachments: #1 Declaration Michael Bowe, #2 Exhibit B - representative TRO's) (Gembala, Ryan) |
| Filing 3 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Dave's Specialty Imports, Inc.. (Attachments: #1 Declaration of counsel why notice not required, #2 Proposed Order) (Gembala, Ryan) |
| Filing 2 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12177897. by Dave's Specialty Imports, Inc.. (Attachments: #1 Affidavit in Support Ryan M. Gembala, #2 Exhibit Exhibit B - Cert. of Good Standing, #3 Proposed Order) (Gembala, Ryan) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number BNYEDC-12177507 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Dave's Specialty Imports, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Produce for Less, #3 Proposed Summons Gavrilov, #4 Exhibit Exhibit A - Trust Chart, Inovices, BOL's) (Gembala, Ryan) |
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