Marchella of NY Inc. v. Mejia Tropical Products LLC et. al.
| Marchella of NY Inc. and Northeast Banana Corp. |
| Mejia Tropical Products LLC and Marvin E. Mejia |
| 2:2022cv00551 |
| January 31, 2022 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| Steven Tiscione |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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Filing 19
AFFIDAVIT of Service for Preliminary Injunction Order served on Nancy Dougherty, designated agent for the New York Secretary of State on February 15, 2022, filed by Marchella of NY Inc., Northeast Banana Corp.. (Brown, Gregory)
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Filing 17
AFFIDAVIT of Service for Preliminary Injunction Order served on Marvin E. Mejia on February 11, 2022, filed by Marchella of NY Inc., Northeast Banana Corp.. (Brown, Gregory)
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Filing 18
PRELIMINARY INJUNCTION ORDER - ORDERED, that Plaintiffs' #12 Amended Motion for Preliminary Injunction is granted; 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 Mejia Tropical, its successors, subsidiaries or related companies until further order of this Court or until Defendants deliver to Plaintiffs' counsel the sum of $209,252.50 by bank check or wire transfer. SEE ATTACHED ORDER for details. So Ordered by Judge Joanna Seybert on 2/10/2022. (Coleman, Laurie)
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Filing 16
Minute Entry for proceedings held before Judge Joanna Seybert: Motion Hearing held on 2/10/2022 re #12 MOTION for Preliminary Injunction. The motion was granted. The Court will issue a written decision. Plaintiff's original Motion for Preliminary Injunction (DE #3 ) is deemed moot as of the filing of the Amended Complaint and the Amended Motion for Preliminary Injunction. No further conferences or hearings have been set at this time. (FTR Log #11:21 - 11:29.) (Russo, Eric)
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Filing 15
Proposed Pretrial Order / Preliminary Injunction Order by Marchella of NY Inc., Northeast Banana Corp. (Brown, Gregory)
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Filing 14
SUMMONS Returned Executed by Marchella of NY Inc., Northeast Banana Corp.. Marvin E. Mejia served on 2/7/2022, answer due 2/28/2022; Mejia Tropical Products LLC served on 2/7/2022, answer due 2/28/2022. (Brown, Gregory)
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Filing 13
AFFIDAVIT/DECLARATION in Support re #12 Amended MOTION for Preliminary Injunction filed by Marchella of NY Inc., Northeast Banana Corp.. (Attachments: #1 Exhibit D, #2 Exhibit E) (Brown, Gregory)
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Filing 12
Amended MOTION for Preliminary Injunction by Marchella of NY Inc., Northeast Banana Corp.. (Brown, Gregory)
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Filing 11
AMENDED COMPLAINT against Marvin E. Mejia, Mejia Tropical Products LLC, filed by Marchella of NY Inc., Northeast Banana Corp.. (Brown, Gregory)
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Filing 10
SUMMONS Returned Executed by Marchella of NY Inc.. Marvin E. Mejia served on 1/31/2022, answer due 2/21/2022; Mejia Tropical Products LLC served on 1/31/2022, answer due 2/21/2022. (Brown, Gregory)
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Filing 9
TEMPORARY RESTRAINING ORDER & ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED UNDER FED. R. CIV. P. 65(b). ORDERED that sufficient reason having been shown therefore, pending the hearing 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 Mejia Tropical, or its subsidiaries or related companies, except for payment to Plaintiff, until further order of this Court or until defendants pay Plaintiff the amount of $111,828.50 by bank check or wire transfer, at which time this Order is dissolved. ORDERED that the Defendants SHOW CAUSE before this Court on February 10, 2022, at 11 :00 a.m., in-person in Courtroom 1030 of the United States District Court, Eastern District of New York, located at 100 Federal Plaza, in Central Islip, New York 11722, 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 Mejia Tropical, or its subsidiaries or related companies, except for payment to Plaintiff until further order of this Court or until Defendants pay Plaintiff the amount of $111,828.50 by bank check or wire transfer, at which time this Order is dissolved. ORDERED that service of a copy of this Order and all 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 February 1, 2022, shall be deemed good and sufficient service thereof. Ordered by Judge Joanna Seybert on 1/31/2022. (Florio, Lisa)
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Filing 8
Summons Issued as to Marvin E. Mejia, Mejia Tropical Products LLC. (Flanagan, Doreen)
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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. (Flanagan, Doreen)
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Filing 6
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
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Filing 5
MEMORANDUM in Support re #2 Emergency MOTION for Temporary Restraining Order , #3 MOTION for Preliminary Injunction filed by Marchella of NY Inc.. (Brown, Gregory)
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Filing 4
AFFIDAVIT/DECLARATION in Support re #2 Emergency MOTION for Temporary Restraining Order , #3 MOTION for Preliminary Injunction filed by Marchella of NY Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Brown, Gregory)
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Filing 3
MOTION for Preliminary Injunction by Marchella of NY Inc.. (Brown, Gregory)
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Filing 2
Emergency MOTION for Temporary Restraining Order by Marchella of NY Inc.. (Attachments: #1 Supplement Certification of Counsel in Support of Motions for Relief Pursuant to Fed. R. Civ. P. 65 and Explaining Why Notice Should Not be Required Pursuant to Fed. R. Civ. P. 65(b), #2 Proposed Order) (Brown, Gregory)
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Filing 1
COMPLAINT against Marvin E. Mejia, Mejia Tropical Products LLC filing fee $ 402, receipt number ANYEDC-15242950 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Marchella of NY Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Brown, Gregory)
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Case Assigned to Judge Joanna Seybert and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen)
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