E. Armata, Inc. et al v. 54 Islip Food Corp. et al
| FoodNation, Inc., E. Armata, Inc. and G and P Warehouse, Inc. |
| Daniel T. Taveras, II, 54 Islip Food Corp., 203 Islip Food Corp. and Dionicio C. Liz, Jr. |
| 2:2019cv01325 |
| March 7, 2019 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Sandra J Feuerstein |
| Agriculture Acts |
| 07 U.S.C. ยง 499 Agricultural Commodities Act |
| None |
Docket Report
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This docket was last retrieved on March 7, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 SUMMONS Returned Executed by E. Armata, Inc., FoodNation, Inc., G and P Warehouse, Inc.. 203 Islip Food Corp. served on 3/7/2019, answer due 3/28/2019; 54 Islip Food Corp. served on 3/7/2019, answer due 3/28/2019; Dionicio C. Liz, Jr served on 3/7/2019, answer due 3/28/2019; Daniel T. Taveras, II served on 3/7/2019, answer due 3/28/2019. (Brown, Gregory) |
Filing 8
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 3/18/2019 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 54 Islip Food Corp. (54) and 203 Islip Food Corp. (203) (collectively, Islip Food) or their subsidiaries or related companies, except for payment to Plaintiffs, up to the sum of $69,412.87, until further order of this Court or until Defendants pay Plaintiffs the amount of $69,412.87 by bank check, or wire transfer, or until Defendants deposit into the registry of the Court the sum of $69,412.87, 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 and determination of Plaintiffs 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 Islip Food, or their subsidiaries or related companies, up to the sum of $69,412.87, except for payment to Plaintiffs, until further order of this Court or until Defendants pay Plaintiffs the aggregate amount of $69,412.87 by bank check or wire transfer, or until defendants deposit into the registry of the Court the sum of $69,412.87, at which tie this Order is dissolved; and it is further ORDERED that in the event Defendants fail to pay Plaintiffs the amount of $69,412.87 by bank check or wire transfer within 2 business days of service of this Order, then Defendants shall file with this Court, with a copy to Plaintiffs counsel, an accounting which identifies the assets and liabilities and accounts receivable reports of Islip Food signed under penalty of perjury; and that Defendants shall also supply to Plaintiffs attorney, within 5 days of the date of this Order, any and all documents in their possession, custody or control related to the assets and liabilities of Islip Food and their related subsidiary companies, including, but not limited to, the most recent balance sheets, profit/loss statements, accounts receivable reports, accounts payable reports, accounts paid records, income tax returns and bank statements with cancelled checks for the last 90 days; and it is ORDERED that the $69,412.87 in PACA trust assets belonging to Plaintiffs and in the possession of defendants shall serve as plaintiffs security for the 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 3/7/2019, 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 3/12/2019. Plaintiffs shall serve and file any reply by 5PM on 3/15/2019. The parties shall provide courtesy copies of all papers and exhibits filed on this motion so that they are received by Chambers prior to the hearing. SO Ordered by Judge Sandra J. Feuerstein on 3/7/2019. (Tirado, Chelsea)
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| Filing 7 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. (Landow, Concetta) |
| Filing 6 Declaration in Support of Plaintiff's Motions for TRO and OSC re #4 Memorandum in Support by All Plaintiffs. (Attachments: #1 Exhibits F-H) (Landow, Concetta) |
| Filing 5 Declaration in Support of Plaintiff's Motions for TRO and OSC re #4 Memorandum in Support by All Plaintiffs. (Attachments: #1 Exhibits A-E) (Landow, Concetta) |
| Filing 4 MEMORANDUM in Support re #3 Proposed Order to Show Cause filed by All Plaintiffs. (Attachments: #1 Motion for Preliminary Injunction, #2 Motion for Temporary Restraining Order) (Landow, Concetta) |
| Filing 3 Proposed Order to Show Cause by E. Armata, Inc., FoodNation, Inc. and G and P Warehouse, Inc. (Landow, Concetta) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: #1 Summons 203 Islip Corp., #2 Summons Taveras, #3 Summons Liz) (Landow, Concetta) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by E. Armata, Inc., FoodNation, Inc., G and P Warehouse, Inc.. (Attachments: #1 Civil Cover Sheet) (Landow, Concetta) |
| FILING FEE: $ 400.00, receipt number 27273 (Landow, Concetta) |
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