PH Quality Produce, LLC v. Arye & Shamy, Inc. et al
| PH Quality Produce, LLC |
| Arye & Shamy, Inc. and Arye Deutsch |
| 1:2022cv00246 |
| January 14, 2022 |
| US District Court for the Eastern District of New York |
| James R Cho |
| William F Kuntz |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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ORDER granting #18 Motion for Extension of Time to Answer re #18 Letter MOTION for Extension of Time to File Answer /Response to Plaintiff's Complaint All Defendants. So Ordered by Judge William F. Kuntz, II on 3/14/2022. (Kuntz, William)
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| Filing 18 Letter MOTION for Extension of Time to File Answer /Response to Plaintiff's Complaint by Arye & Shamy, Inc., Arye Deutsch. (Ilganayev, Migir) |
| Filing 17 Letter in response to Order dated 2/17/22 by PH Quality Produce, LLC (Attachments: #1 Affidavit of Service, #2 Exhibit) (Braverman, Samuel) |
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Filing 16
TEMPORARY RESTRAINING ORDER: this Court finds PH Quality will suffer immediate and irreparableinjury in the form of a loss of trust assets unless this Order is granted without notice.Therefore, is by the United States District Court for the Eastern District of New York, ORDERED, that, this Order to Show Cause with Temporary Restraining Order is entered this 17th day of February, 2022, at 4:30 P.M.; and it is further ORDERED, that, Defendant Arey & Shamy, and its agents, officers, subsidiaries, assigns, banking and financial institutions, and al I persons in active concert or participation with said Defendant, including Arey Deutsch, are enjoined during the pendency of this action, from dissipating, paying, transferring, assigning or selling any and all assets covered by or subject to the trust provisions of the PACA, except for payment to PH Quality, without PH Quality's agreement, or until further order of this Court; and it is further ORDERED, that, under 499e(c)(2) of PACA, the assets subject to this Order include all of the assets of Arey & Shamy, unless Arey & Shamy can prove to this Court that a particular asset is not derived from perishable agricultural commodities, inventories of food or other products derived from perishable agricultural commodities or receivables or proceeds from the sale of such commodities or products. Arey & Shamy, however, may sell perishable agricultural commodities or products derived from perishable agricultural commodities for fair compensation, without right of set-off, on the condition that Arey & Shamy maintains the proceeds of such sale subject to this Order; and it is further ORDERED, that Arey & Shamy and Defendant, Arey Deutsch show cause before this Court in Room 6H North, United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201 on the 9th day of May, 2022 at 2:00 P.M., or as soon thereafter as counsel may be heard, why an Order for Preliminary Injunction should not be entered enjoining Defendant Arey & Shamy, its agents, officers, subsidiaries, assigns, banking and financial institutions, and all persons in active concert or participation with said Defendant, including Arey Deatsch, during the pendency of this action, from dissipating, paying, transferring, assigning or selling any and all assets covered by or subject to the trust provisions of the PACA, except for payments to PH Quality, without PH Quality's agreement, or until further order of this Court; and it is further ORDERED, that, this Order shall be binding upon the parties to this action and all other persons or entities who receive actual notice of this Order by personal service or otherwise; and it is further ORDERED, that, the$ 88,984.22 in PACA trust assets belonging to PH Quality and in the possession of Arey & Shamy will serve as PH Quality's security for this injunction as required by Rule 65(c) of the Federal Rules of Civil Procedure; and it is further ORDERED, that, PH Quality must serve Defendants, or their resident agent, or their counsel, with a copy of this Order, together with the annexed declaration and memorandum of law, by personal service, including by facsimile transmission or federal express, on or before the 18th day of February, 2022 on or before 5:00 p.m. Such service will be deemed good and sufficient; and it is further ORDERED, that, Defendants must serve and file on ECF any and all responsive papers toPH Quality's Motion for Preliminary Injunction by the 14th day of April, 2022 at 5:00 P.M. SO Ordered by Judge William F. Kuntz, II on 2/17/2022. (Yu, Stephanie)
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| Filing 15 Letter with Affidavits of Service in response to Order dated 2/15/2022 by PH Quality Produce, LLC (Attachments: #1 Affidavit of Service, #2 Exhibit, #3 Exhibit, #4 Affidavit of Service) (Braverman, Samuel) |
| Filing 14 NOTICE of Appearance by Migir Ilganayev on behalf of Arye & Shamy, Inc., Arye Deutsch (aty to be noticed) (Ilganayev, Migir) |
| Minute Entry for proceedings held before Judge William F. Kuntz, II: Case called. Samuel M. Braverman and James A. Gleason appeared on behalf of the Plaintiff. Migir Ilganayev appeared on behalf of the Defendants. The Court entered a Temporary Restraining Order and sets a preliminary injunction hearing on Monday, May 9, 2022, at 2:00 P.M. (Court Reporter Victoria Torres-Butler.) (Yu, Stephanie) |
| Filing 13 Letter requesting adjournment by Arye & Shamy, Inc. (Ilganayev, Migir) |
| Filing 12 Letter MOTION to Appear by Telephone at hearing on Plaintiffs Motion for Preliminary Injunction scheduled for tomorrow, February 17, 2022 by PH Quality Produce, LLC. (Gleason, James) |
| Filing 11 Letter to Court regarding service of Court's order [Dkt Entry 10] by PH Quality Produce, LLC (Attachments: #1 Exhibit Email to Counsel with Exhibits) (Braverman, Samuel) |
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ORDER denying #12 Motion to Appear by Telephone. So Ordered by Judge William F. Kuntz, II on 2/16/2022. (Kuntz, William)
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Filing 10
ORDER TO SHOW CAUSE: The Court is in receipt of Plaintiffs request for a temporary restraining order and preliminary injunction, filed on February 14, 2022. ECF No. 9 . The Court ORDERS Plaintiff to serve a copy of its previously filed motion papers on Defendants by Wednesday, February 16, 2022 at 12:00 Noon. The parties are also ORDERED to appear before the Court on Thursday, February 17, 2022 at 4:00 P.M., in Courtroom 6H North, at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201, before the Honorable William F. Kuntz, II, to show cause as to why an order should not issue pursuant to Rule 65 of the Federal Rules of Civil Procedure preliminarily enjoining the Defendants from using, consuming or otherwise dissipating trust assets under the Perishable Agricultural Commodities Act, 7 U.S.C. 499e(c). The Court further ORDERS Defendants to refrain from using, consuming, or otherwise dissipating the amount sought by Plaintiff in this matter until such time as the Court authorizes it. SO Ordered by Judge William F. Kuntz, II on 2/15/2022. (Yu, Stephanie)
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Filing 8
ORDER granting #7 Motion for Refund of Fees Paid Electronically Ordered by Clerk of Court on 1/26/2022. (Marziliano, August)
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| Filing 7 Letter MOTION for Refund of Fees Paid Electronically by PH Quality Produce, LLC. (Attachments: #1 Exhibit) (Braverman, Samuel) |
| Filing 6 NOTICE of Appearance by James Anthony Gleason on behalf of PH Quality Produce, LLC (notification declined or already on case) (Gleason, James) |
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ORDER granting #5 Motion for Leave to Appear Pro Hac Vice. Attorney James Anthony Gleason 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. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 1/20/2022. (Gillespie-Cardo, Saudia)
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| Filing 5 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number BNYEDC-15208162. by PH Quality Produce, LLC. (Attachments: #1 Affidavit & Certificate of Good Standing, #2 Exhibit) (Gleason, James) (Attachment 1 replaced on 1/20/2022) (Gillespie-Cardo, Saudia). (Main Document 5 and attachments identified as malformed and replaced on 1/20/2022) (Lee, Tiffeny). |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| Filing 3 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. (Neptune, Pierre) |
| Filing 2 Summons Issued as to Arye & Shamy, Inc., Arye Deutsch. (Neptune, Pierre) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge James R. Cho. 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. (Neptune, Pierre) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15198277 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by PH Quality Produce, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A, #4 Exhibit B) (Braverman, Samuel) (Attachment 4 replaced on 1/20/2022) (Guzzi, Roseann). |
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