Moreno Produce NY Corporation v. Ramiza Food Corp. et al

Plaintiff: Moreno Produce NY Corporation
Defendant: Ramiza Food Corp., Sheak R. Rony, Food Farm, 1661 Food Corp. and Ruhana Foods International
Case Number: 2:2019cv03306
Filed: June 4, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Sandra J Feuerstein
Referring Judge: A Kathleen Tomlinson
Nature of Suit: Agriculture Acts
Cause of Action: 07:499
Jury Demanded By: None

Docket Report

This docket was last retrieved on June 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 4, 2019 Opinion or Order Filing 15 ORDER granting #8 Motion for Preliminary Injunction; granting #9 Motion for TRO - 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 6/18/2019 at 11:15AM, 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, aligns, and banking institutions, during the pendency of this action, from alienating, dissipating, paying over or assigning any assets of Defendants trading as Food Farm or its subsidiaries or related companies, excepted for payment to plaintiff, up to the sum of $28,633.35, until further order of this Court or until Defendants pay Plaintiff the amount of $28,633.35 by check of wire transfer, or until defendants deposit into the registry of the Court the sum of $28,633.35, 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. 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 Defendants, or its subsidiaries or related companies up to the sum of $28,633.35, except for payment to Plaintiff, until further order of this court or until Defendants pay Plaintiff the amount of $28,633.35 by bank or wire transfer, or until defendants deposit into the registry of the Court the sum of $28,633.35, at which time this Order is dissolved; and it is further ORDERED that in the event Defendants fail to pay Plaintiff the amount of $28,633.35 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 Defendants 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 Defendants and its related and subsidiary companies including, but not limited to, the most recent balance sheets, profit/loss statements, accounts receivable reports, accounts payable reports, accounts paid records and income tax returns and bank statements with cancelled checks for the last 90 days; and it is further ORDERED that the $28,633.35 in PACA trust assets belonging to plaintiff 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 6/4/2019, 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 6/10/2019. Plaintiff shall serve and file any reply by 5PM on 6/14/2019. 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 6/4/2019. (Tirado, Chelsea)
June 4, 2019 Filing 14 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)
June 4, 2019 Filing 13 MEMORANDUM in Support re: #9 MOTION for Temporary Restraining Order , #8 MOTION for Preliminary Injunction filed by Moreno Produce NY Corporation. (Cox, Dwayne)
June 4, 2019 Filing 12 DECLARATION of Felipe Moreno Jr. in Support re: #9 MOTION for Temporary Restraining Order , #8 MOTION for Preliminary Injunction filed by Moreno Produce NY Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B) (Cox, Dwayne)
June 4, 2019 Filing 11 Attorney Certification of Paul T. Gentile re: #9 MOTION for Temporary Restraining Order , and #8 MOTION for Preliminary Injunction by Moreno Produce NY Corporation (Cox, Dwayne)
June 4, 2019 Filing 10 Proposed Order to Show Cause by Moreno Produce NY Corporation (Cox, Dwayne)
June 4, 2019 Filing 9 MOTION for Temporary Restraining Order by Moreno Produce NY Corporation. (Cox, Dwayne)
June 4, 2019 Filing 8 MOTION for Preliminary Injunction by Moreno Produce NY Corporation. (Cox, Dwayne)
June 4, 2019 Filing 7 DISCLOSURE of Interested Parties by Moreno Produce NY Corporation. (Cox, Dwayne)
June 4, 2019 Filing 6 Summons Issued as to Sheak R. Rony. (Cox, Dwayne)
June 4, 2019 Filing 5 Summons Issued as to Food Farm. (Cox, Dwayne)
June 4, 2019 Filing 4 Summons Issued as to Ruhana Foods International. (Cox, Dwayne)
June 4, 2019 Filing 3 Summons Issued as to 1661 Food Corp. (Cox, Dwayne)
June 4, 2019 Filing 2 Summons Issued as to Ramiza Food Corp.. (Cox, Dwayne)
June 4, 2019 FILING FEE: $ 400.00, receipt number 27822 (Cox, Dwayne)
June 4, 2019 Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Moreno Produce NY Corporation. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne)

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Defendant: Ramiza Food Corp.
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Defendant: Sheak R. Rony
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Defendant: Food Farm
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Defendant: 1661 Food Corp.
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Defendant: Ruhana Foods International
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Plaintiff: Moreno Produce NY Corporation
Represented By: Paul T. Gentile
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