PR Produce Inc. v. Food Farm Group Inc. et al
| PR Produce Inc. |
| Ramiza Food Corp., Food Farm Group Inc., 8961 Food Corp., Ruhana Foods International LLC, AKM Shamim, 241-11 Linden Food Corp., Syeda Shahtaj, Liberty Wholesale Food Corp. and Sheak L. Ripon |
| 2:2018cv07081 |
| December 13, 2018 |
| US District Court for the Eastern District of New York |
| Sandra J Feuerstein |
| Arlene R Lindsay |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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Filing 25
ORDER DISMISSING CASE - The Clerk of the Court shall close this case. SO Ordered by Judge Sandra J. Feuerstein on 12/20/2018. (Tirado, Chelsea)
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| Filing 24 Minute Entry for proceedings held on 12/19/2018 before Judge Sandra J. Feuerstein: Civil Cause for Status Conference. Counsel for Plaintiff: Gregory Brown. Counsel for Defendant: Frank Graziadei. Case called. Case closed with leave to reopen in days in no later than 12/26/2018. (Tirado, Chelsea) |
| Filing 23 SETTLEMENT AGREEMENT and Proposed Order by PR Produce Inc. (Brown, Gregory) |
| Filing 22 Letter to the Hon. Sandra J. Feuerstein re: Plaintiff's Election to Respond to Defendants' Opposition Papers with Live Testimony by PR Produce Inc. (Brown, Gregory) |
| Filing 21 AFFIDAVIT in Opposition to Preliminary Injunction by 241-11 Linden Food Corp., 8961 Food Corp., Food Farm Group Inc., Liberty Wholesale Food Corp., Ramiza Food Corp., Sheak L. Ripon, Ruhana Foods International LLC, Syeda Shahtaj, AKM Shamim. (Graziadei, Frank) |
| Filing 20 SUMMONS Returned Executed by PR Produce Inc.. 241-11 Linden Food Corp. served on 12/13/2018, answer due 1/3/2019; 8961 Food Corp. served on 12/13/2018, answer due 1/3/2019; Food Farm Group Inc. served on 12/13/2018, answer due 1/3/2019; Liberty Wholesale Food Corp. served on 12/13/2018, answer due 1/3/2019; Ramiza Food Corp. served on 12/13/2018, answer due 1/3/2019; Sheak L. Ripon served on 12/13/2018, answer due 1/3/2019; Ruhana Foods International LLC served on 12/13/2018, answer due 1/3/2019; Syeda Shahtaj served on 12/13/2018, answer due 1/3/2019; AKM Shamim served on 12/13/2018, answer due 1/3/2019. (Attachments: #1 Supplement Federal Express Mailers) (Brown, Gregory) |
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Filing 19
ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED UNDER FED. R. CIV. P. 65(b) - It is ORDERED, that the above-named Defendants show cause before this Court at Room 1010, United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York, 11722 on 12/20/2018 at 11AM, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the Defendants, their customers, agents, employees, officers, directors, subsidiaries, related entities, assigns, and banking institutions, during the pendency of this action, from alienating, dissipating, paying over or assigning any assets of Food Farm Group Inc., 8961 Food Corp. t/a Food Farm Supermarket, Ruhana Foods International LLC t/a Food Farm Supermarket, Liberty Wholesale Food Corp., 241-11 Linden Food Corp. t/a Food Farm Supermarket and Ramiza Food Corp. t/a Food Farm Supermarket (collectively, "Food Farm") or their subsidiaries or related companies, up to the sum of $275,982.37, except for payment to Plaintiff, until further order of this Court or until Defendants pay Plaintiff in the amount of $275,982.37 by bank check or wire transfer, or until Defendants deposit into the registry of the Court the sum of $275,982.37, at which time this Order is dissolved; and it is further ORDERED, that, sufficient reason having been shown therefore, and as it appears that plaintiff will suffer immediate and irreparable injury in the form of dissipation of trust assets by defendants, which would render ultimate recovery of those assets unlikely, and that such dissipation is ongoing and will be accelerated if defendants are given notice of this application, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Fed. R. Civ. P. 65, Defendants, their customers, agents, employees, officers, directors, subsidiaries, related entities, assigns and banking institutions are temporarily enjoined and restrained from alienating, dissipating, paying over or assigning any assets of Food Farm, or their subsidiaries or related companies, up to the sum of $275,982.37, except for payment to Plaintiff, until further order of this Court or until Defendants pay Plaintiff the amount of $275,982.37 by bank check or wire transfer, or until Defendants deposit into the registry of the Court the sum of $275,982.37, at which time this Order is dissolved; and it is further ORDERED that the $275,982.38 in PACA trust assets belonging to plaintiff and in the possession of defendants shall serve as plaintiff's security for this restraining order, and it is further ORDERED that service of a copy of this order and the papers upon which it is based, together with the summons and complaint, by Federal Express or other nationally recognized overnight delivery service upon the Defendants on or before 5PM on 12/13/2018, shall be deemed good and sufficient service thereof; and it is further ORDERED that answering papers, if any shall be served and filed by Defendants by Federal Express or other nationally recognized overnight delivery service, by 5PM on 12/17/2018. Plaintiff shall serve and file any reply by 5PM on 12/19/2018. The parties shall provide courtesy copies of all papers filed on this motion so that they are received by Chambers prior to the hearing. SO Ordered by Judge Sandra J. Feuerstein on 12/13/2018. (Tirado, Chelsea)
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| Filing 18 Letter MOTION for Hearing Date Modification by PR Produce Inc.. (Brown, Gregory) |
| Filing 17 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. (Cox, Dwayne) |
| Filing 16 MEMORANDUM in Support re: #13 MOTION for Preliminary Injunction , and #12 MOTION for Temporary Restraining Order filed by PR Produce Inc.. (Cox, Dwayne) |
| Filing 15 DECLARATION of Jenry Pena in Support re: #12 MOTION for Temporary Restraining Order , and #13 MOTION for Preliminary Injunction filed by PR Produce Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Cox, Dwayne) |
| Filing 14 CERTIFICATE of Counsel pursuant to FRCP 65(b) re: #12 MOTION for Temporary Restraining Order (Cox, Dwayne) |
| Filing 13 MOTION for Preliminary Injunction by PR Produce Inc.. (Cox, Dwayne) |
| Filing 12 MOTION for Temporary Restraining Order by PR Produce Inc.. (Cox, Dwayne) |
| Filing 11 Proposed Order to Show Cause by PR Produce Inc. (Cox, Dwayne) |
| Filing 10 Summons Issued as to Syeda Shahtaj. (Cox, Dwayne) |
| Filing 9 Summons Issued as to AKM Shamim. (Cox, Dwayne) |
| Filing 8 Summons Issued as to Sheak L. Ripon. (Cox, Dwayne) |
| Filing 7 Summons Issued as to Ramiza Food Corp.. (Cox, Dwayne) |
| Filing 6 Summons Issued as to 241-11 Linden Food Corp.. (Cox, Dwayne) |
| Filing 5 Summons Issued as to Liberty Wholesale Food Corp.. (Cox, Dwayne) |
| Filing 4 Summons Issued as to Ruhana Foods International LLC. (Cox, Dwayne) |
| Filing 3 Summons Issued as to 8961 Food Corp.. (Cox, Dwayne) |
| Filing 2 Summons Issued as to Food Farm Group Inc.. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by PR Produce Inc.. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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ORDER granting #18 Motion for Hearing: The Show Cause Hearing scheduled to be held before the undersigned on 12/20/2018 is rescheduled for 12/19/2018 at 11:30 AM in Courtroom 1010 at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York, 11722. Accordingly, plaintiff must serve and file its reply papers by 10:00 AM on 12/19/2018. Plaintiff shall serve a copy of this Order upon defendants by no later than 5:00 PM on 12/13/2018. Ordered by Judge Sandra J. Feuerstein on 12/13/2018. c/ECF (Adell, April)
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| FILING FEE: $ 400.00, receipt number 26741 (Cox, Dwayne) |
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