Belleza Fruit, Inc. v. Suffolk Banana Co., Inc. et al
| Belleza Fruit, Inc. |
| Thomas Hoey Jr., Long Island Banana, Long Island Banana Corp. and Suffolk Banana Co., Inc. |
| 2:2012cv03033 |
| June 18, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| William D. Wall |
| Agriculture Acts |
| 07 U.S.C. ยง 499 Agricultural Commodities Act |
| None |
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Filing
33
OPINION & ORDER granting 2 Motion for Preliminary Injunction; granting 8 Motion to Dismiss. SO ORDERED that (1) plaintiff's motion for a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure is granted to the e xtent that defense counsel shall continue to hold the four hundred fifty thousand dollars ($450,000.00) previously deposited with them by defendants in escrow pending final resolution of this proceeding or further order of this Court, and the mo tion is otherwise denied; and (2) defendants' cross motion seeking dismissal of plaintiff's first, second, third and sixth causes of action pursuant to Rule 12(b) of the Federal Rules of Civil Procedure is granted to the extent that so much of plaintiff's sixth cause of action seeking recovery for unjust enrichment as relates to invoices involving transactions occurring during the licensed periods is dismissed, and defendants' cross motion is otherwise denied in its entirety. The order scheduling an initial conference before me on July 19,2012 is hereby vacated and this matter is respectfully referred to the Honorable William D. Wall, United States Magistrate Judge, for all pretrial purposes. A final pretrial conference is scheduled before me on December 18, 2012 at 11:15 a.m.. Ordered by Judge Sandra J. Feuerstein on 7/5/2012. (Florio, Lisa)
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Filing
16
AMENDED ORDER: IS HEREBY ORDERED that the deft shall post the bond in the amount of $450,000.00 as hereinafter set forth, on or before 5:00 p.m. on the 25th day of June, 2012, and it is further that the bond posted by the deft shall issue to the order of the Clerk of the United States District Court for the Eastern District of New York, and shall provide as follows: It shall be a condition of this bond, that upon a termination of the within action, with a judgment in favor of deft, that the issuer shall be released of any further liability under this bond, and in the event of the entry of a final judgment in favor of the plaintiff against the deft, the issuer hereof shall pay over the sum of $450,000.00 to the Clerk of the United States District Court of the Eastern District of New York, or such lesser amount, as shall be equal to the final judgment entered by this court, and the Clerk of the Court shall hold such funds subject to further direction of this court. Ordered by Judge Sandra J. Feuerstein on 6/22/2012. (Florio, Lisa)
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Filing
13
ORDER re 11 Letter Request for Written Order to assist Defts in Obtaining Bond. IT IS HEREBY ORDERED that the deft shall post the bond in the amount of $450,000.00 as hereinafter set forth, on or before 5:00 p.m. on the 25th day of June, 201 2, and it is further ORDERED, that the plaintiff may take no actions which are not in the ordinary course of business, and may issue checks in payment of bills incurred in the ordinary course of business including payroll, payroll taxes, insurance, v endors, and it is further ORDERED, that the order granted by this court on the 18th day of June, 2012 is hereby stayed through 5:00 p.m. on the 25th day of June, 2012, and it is further ORDERED, that the bond posted by the deft shall issue to the ord er of the Clerk of the United States District Court for the Eastern District of New York, and shall provide as follows: It shall be a condition of this bond, that upon a termination of the within action, with a judgment in favor of deft, that the iss uer shall be released of any further liability under this bond, and in the event of the entry of a final judgment in favor of the plaintiff against the deft, the issuer hereof shall pay over the sum of $750,000.00 to the Clerk of the United Stat es District Court of the Eastern District of New York, or such lesser amount, as shall be equal to the final judgment entered by this court, and the Clerk of the Court shall hold such funds subject to further direction of this court. Ordered by Judge Sandra J. Feuerstein on 6/21/2012. (Florio, Lisa)
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