Lily Produce Inc. v. 5 Boro Market Corp. et al
| Lily Produce Inc. |
| 5 Boro Market Corp., 5 Borough Market II Corp., 5 Borough of Brooklyn Wholesale, Corp. and Eehab H. Abuzahrieh |
| 1:2023cv06705 |
| September 8, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| James R Cho |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| Defendant |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
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| Minute Entry for Initial Conference proceedings held on 11/3/2023 before Magistrate Judge James R. Cho. Appearances by Gregory Adam Brown for plaintiff; Michael Leslie Walker for defendants. This is an action brought under the Perishable Agricultural Commodities Act in connection with the sale of fresh produce. The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 11/13/2023; no amendment of the pleadings or joinder of additional parties permitted after 11/17/2023 without good cause; and parties to complete fact discovery by 3/8/2024.In-person settlement conference for 12/1/2023 at 11:00 a.m. in Courtroom 11-D South before Magistrate Judge James R. Cho.The parties are directed to submit ex parte settlement letters by 11/28/2023, which may be forwarded by ex parte email to Chambers at cho_chambers@nyed.uscourts.gov (note that there is an underlined space between cho and chambers). The ex parte settlement letters shall state (1) the status of settlement discussions; (2) the last demand and offer made, if any; (3) the strengths and weaknesses of the case; and (4) any information that may assist the Court in helping the parties resolve the matter. The parties are encouraged to discuss settlement prior to submission of the ex parte letters. The ex parte letters shall be limited to five pages exclusive of attachments. (AT&T Conference Bridge.) (EJS) |
| Filing 12 Proposed Scheduling Order by Lily Produce Inc. (Attachments: #1 Proposed Order pursuant to Fed. R. Evid. 502(d) and Fed. R. Civ. P. 35(b)(2)(E)) (Brown, Gregory) |
Filing 11
SCHEDULING ORDER: Telephonic initial conference scheduled for 11/3/2023 at 11:30 a.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiff is directed to immediately confirm this conference date and time with counsel for the defendants. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 11/1/2023. Each party is directed to call toll free (888) 808-6929 and use access code 106-5334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 10/20/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 10 ANSWER to #1 Complaint,, by All Defendants. (Walker, Michael) |
| Filing 9 SUMMONS Returned Executed by Lily Produce Inc.. Eehab H. Abuzahrieh served on 10/6/2023, answer due 10/27/2023. (Attachments: #1 Affidavit of No Active Military Status) (Brown, Gregory) |
| Filing 8 SUMMONS Returned Executed by Lily Produce Inc.. 5 Borough of Brooklyn Wholesale, Corp. served on 10/3/2023, answer due 10/24/2023. (Attachments: #1 Supplement Notice Pursuant to NY Business Corporation Law 306) (Brown, Gregory) |
| Filing 7 SUMMONS Returned Executed by Lily Produce Inc.. 5 Borough Market II Corp. served on 10/3/2023, answer due 10/24/2023. (Attachments: #1 Supplement Notice Pursuant to NY Business Corporation Law 306) (Brown, Gregory) |
| Filing 6 SUMMONS Returned Executed by Lily Produce Inc.. 5 Boro Market Corp. served on 10/3/2023, answer due 10/24/2023. (Attachments: #1 Supplement Notice Pursuant to NY Business Corporation Law 306) (Brown, Gregory) |
| Filing 5 Summons Issued as to 5 Boro Market Corp., 5 Borough Market II Corp., 5 Borough of Brooklyn Wholesale, Corp. and Eehab H. Abuzahrieh. (MI) |
| Filing 4 Proposed Summons. Re #1 Complaint,, by Lily Produce Inc. (Brown, Gregory) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 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. (KD) |
| Case Assigned to Judge Frederic Block 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. (KD) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the One (1) Proposed summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 1 COMPLAINT against 5 Boro Market Corp., 5 Borough Market II Corp., 5 Borough of Brooklyn Wholesale, Corp., Eehab H. Abuzahrieh filing fee $ 402, receipt number ANYEDC-17067544 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Lily Produce Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons for 5 Boro Market Corp., #3 Proposed Summons for 5 Borough Market II Corp., #4 Proposed Summons for 5 Borough of Brooklyn Wholesale, Corp., #5 Proposed Summons for Eehab H. Abuzahrieh) (Brown, Gregory) |
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