Moreno Produce NY Corporation v. Ramiza Food Corp. et al
| Moreno Produce NY Corporation |
| Ramiza Food Corp., Sheak R. Rony, Food Farm, 1661 Food Corp. and Ruhana Foods International |
| 2:2019cv03306 |
| June 4, 2019 |
| US District Court for the Eastern District of New York |
| Sandra J Feuerstein |
| A Kathleen Tomlinson |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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This docket was last retrieved on July 24, 2019. A more recent docket listing may be available from PACER.
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| Filing 25 Minute Entry for proceedings held on 7/24/2019 before Judge Sandra J. Feuerstein: Civil Cause for Civil Hearing. Counsel for Plaintiff: Paul Gentile. Counsel for Defendant: No appearance. Court Reporter: D.T. Case called. A further status conference is scheduled on 9/4/2019 at 11:15AM. Plaintiff's counsel is directed to notify all parties of the new date and file a certificate of service with the Court. (Tirado, Chelsea) |
| Filing 24 AFFIDAVIT/AFFIRMATION Certificate of Service by Moreno Produce NY Corporation (Gentile, Paul) |
Filing 22
PRELIMINARY INJUNCTION ORDER - ORDERED, that Defendants, their customers, agents, employees officers, directors, subsidiaries, related entities, successors, assigns and banking institutions shall not alienate, dissipate, pay over or assign any assets of Defendants, its successors, subsidiaries and related companies until further order of this Court or until defendants deliver to Plaintiff's counsel the aggregate amount of $28,663.35 by bank check or wire transfer; and it is further ORDERED that, by 5PM on 7/5/2019, Defendants shall supply to Plaintiff's counsel the following documents regarding the assets of Defendants its successors, subsidiaries and related companies: most recent balance sheets and profit/loss statements, accounts receivable names, addresses, amounts and other documentation for collection purposes, and all records, such as checking account registers and cash receipt records, showing how any funds of Defendants were spent in the last 6 months; and it is further ORDERED, that Defendants and/or any banking institutions used by Defendants shall, by 5PM on 7/5/2019, deliver any and all funds realized from the sale of produce in their possession up to $28,663.35 to Paul T. Gentile P.C., 260 Madison Ave, 22nd Floor, New York, NY 10016, attorney for the Plaintiff, to be held by Plaintiff's counsel in escrow pending further order of the Court; and it is further ORDERED, that any and all funds belonging to Defendants, its successors, subsidiaries and related companies, in the possession of third parties, including all funds belonging to Defendants, its successors, subsidiaries and related companies, on deposit at banking institutions up to $28,663.35, shall be immediately delivered to Paul T. Gentile P.C. 260 Madison Ave. 22nd Floor, New York, NY 10016, attorney for Plaintiff, to be held by Plaintiff's counsel in escrow pending further order of the Court; and it is further ORDERED, that the attorney for Plaintiff is hereby authorized and directed to collect all outstanding accounts receivable of Defendants, its successors, subsidiaries and related companies, and hold said collections in escrow for the benefit of Plaintiff, until Plaintiff's counsel received full payment of the sum of $28,663.35 and it is further ORDERED that Defendants are required to cooperate in good faith with Plaintiff's attorney in providing any necessary documents to effect collection of accounts receivable of Defendants, and it is further ORDERED, that delivery of a copy of this Order to Defendants via Overnight Express Mail, for receipt no later than 7/1/2019, shall be deemed to constitute notice of the Order upon Defendants, their agents, servants and employees pursuant to Fed. R. Civ. P. 65(d)(2). ORDERED, that failure by the Defendants to respond to PLaintiff's attorney, Paul T. Gentile of Paul T. Gentile P.C. in response to this Preliminary Injunction Order is punishable by Contempt subject to application by the Plaintiff, and further than an Order of Contempt is enforceable by civil arrest and/or detention. SO Ordered by Judge Sandra J. Feuerstein on 6/27/2019. (Tirado, Chelsea)
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| Filing 21 Letter Request for Preliminary Injunction Order by Moreno Produce NY Corporation (Attachments: #1 Proposed Order) (Gentile, Paul) |
| Filing 23 Minute Entry for proceedings held on 6/24/2019 before Judge Sandra J. Feuerstein: Civil Cause for Initial Conference. Counsel for Plaintiff: Paul Gentile. Counsel for Defendant: No Appearance. Court Reporter: D.T. Case called. Order issued on the record. Preliminary injunction motion is granted. Plaintiff to file proposed order by 7/1/2019. A further telephone conference is scheduled on 7/24/2019 at 11AM. Plaintiff's counsel is directed to initiate the conference call to 631-712-5630. (Tirado, Chelsea) |
| Filing 19 Letter Certificate of Service by Moreno Produce NY Corporation (Gentile, Paul) |
| Filing 20 Minute Entry for proceedings held on 6/18/2019 before Judge Sandra J. Feuerstein: Civil Cause for Civil Hearing. Counsel for Plaintiff: No Appearance. Counsel for Defendant: No Appearance. Court Reporter: P. Lombardi. Case called. Separate order issued. (Tirado, Chelsea) |
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Filing 18
ORDER - IT IS HEREBY ORDERED that the hearing on Plaintiff's motion for a preliminary judgment will proceed in Courtroom 1010 of the Central Islip Federal Courthouse, located at 100 Federal Plaza in Central Islip, New York, on 6/24/2019 at 11:15AM; the TRO is extended through that date. The Plaintiff is advised that failure to appear at this date and time will result in the issuance of an order (1) dissolving the restraining order and (2) dismissing the case for failure to prosecute. IT IS FURTHER ORDERED that Plaintiff's counsel is to promptly serve a copy of this Order to Show Cause on Defendants and to file proof of such service forthwith. Proof of service of the OTSC and Plaintiff's motion must also be filed with the Court prior to the hearing. SO Ordered by Judge Sandra J. Feuerstein on 6/18/2019. (Tirado, Chelsea)
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| Filing 17 Letter Letter Motion for Continuance by Moreno Produce NY Corporation (Gentile, Paul) |
| Filing 16 CERTIFICATE OF SERVICE by Moreno Produce NY Corporation re #15 Order on Motion for Preliminary Injunction,,,,,,,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,,,,,,,, (Rosen, Jared) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 10 Proposed Order to Show Cause by Moreno Produce NY Corporation (Cox, Dwayne) |
| Filing 9 MOTION for Temporary Restraining Order by Moreno Produce NY Corporation. (Cox, Dwayne) |
| Filing 8 MOTION for Preliminary Injunction by Moreno Produce NY Corporation. (Cox, Dwayne) |
| Filing 7 DISCLOSURE of Interested Parties by Moreno Produce NY Corporation. (Cox, Dwayne) |
| Filing 6 Summons Issued as to Sheak R. Rony. (Cox, Dwayne) |
| Filing 5 Summons Issued as to Food Farm. (Cox, Dwayne) |
| Filing 4 Summons Issued as to Ruhana Foods International. (Cox, Dwayne) |
| Filing 3 Summons Issued as to 1661 Food Corp. (Cox, Dwayne) |
| Filing 2 Summons Issued as to Ramiza Food Corp.. (Cox, Dwayne) |
| 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) |
| FILING FEE: $ 400.00, receipt number 27822 (Cox, Dwayne) |
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