Difei Logistics Inc. v. Mo Mo Produce Corp. et al
| Difei Logistics Inc. |
| Mo Mo Produce Corp. and Kim Jung Hyun |
| 2:2022cv06871 |
| November 10, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven Tiscione |
| Agriculture Acts |
| 07 U.S.C. ยง 499 Agricultural Commodities Act |
| None |
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 16 AFFIDAVIT of Service for Order dated December 5, 2022 served on Momo Produce Corp. and Hyun Jung Kim on 12/8/22, filed by Difei Logistics Inc.. (Fierst, Timothy) |
Filing 15
ORDER: Currently before the Court is the motion of Plaintiff Difei Logistics Inc. ("Plaintiff") for a preliminary injunction against Defendants Mo Mo Produce Corp. ("Mo Mo") and Hyun Jung Kim ("Kim") (collectively, "Defendants"). (ECF No. #6 .) Plaintiff seeks an order that would enjoin Defendants and their agents, employees, officers, directors, subsidiaries, related entities, assigns, and banking institutions from taking any action to alienate Perishable Agricultural Commodities Act ("PACA") trust assets in the sum of $43,170.50, except for payment to Plaintiff, and directing Defendants to account for their assets and liabilities. The Court ordered Defendants to show cause, at a hearing held on December 1, 2022, why a preliminary injunction should not issue. (ECF No. #10 .) Defendants failed to appear at the hearing and have not otherwise opposed Plaintiff's motion. (ECF No. #14 .) For the following reasons, Plaintiff's motion is GRANTED. SEE ATTACHED ORDER for further details. So Ordered by Judge Joan M. Azrack on 12/5/2022. (LC) Modified on 12/5/2022 to change document type from standard to opinion (LC).
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| Filing 14 MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for ORDER TO SHOW CAUSE HEARING held on 12/1/2022. Counsel for Plaintiff: Timothy Fierst. Counsel for Defendants: No appearance. Case called. Other: Application granted. (FTR Log #1:01-1:02.) (LC) |
| Filing 13 AFFIDAVIT of Service for Order to Show Cause, Summons and Complaint and Supporting Documents to Order to Show Cause served on Momo Produce Corp. on 11/17/22, filed by Difei Logistics Inc.. (Fierst, Timothy) |
| Filing 12 AFFIDAVIT of Service for Order to Show Cause, Summons and Complaint and Supporting Documents to Order to Show Cause served on Hyun Jung Kim on 11/17/22, filed by Difei Logistics Inc.. (Fierst, Timothy) |
| Filing 11 AFFIDAVIT of Service for Order to Show Cause, Summons and Complaint and Supporting Documents to Order to Show Cause by Federal Express served on Momo Produce Corp. and Hyun Jung Kim on 11/15/22, filed by Difei Logistics Inc.. (Fierst, Timothy) |
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Filing 10
ORDER TO SHOW CAUSE re #6 Proposed MOTION for Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order filed by Difei Logistics Inc. ORDERED, that the above-named Defendants show cause before a motion term of this Court at Room 920 on December 1, 2022 at 12:30 p.m., or as soon thereafter as counsel may be heard, why an order should not be granted pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the Defendants as further set forth herein. SEE ATTACHED ORDER for details. So Ordered by Judge Joan M. Azrack on 11/15/2022. (LC)
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| Filing 9 MEMORANDUM in Support re #7 Declaration, #8 Affidavit in Support of Motion, #6 Proposed MOTION for Order to Show Cause filed by Difei Logistics Inc.. (Fierst, Timothy) |
| Filing 8 AFFIDAVIT/DECLARATION in Support re #6 Proposed MOTION for Order to Show Cause filed by Difei Logistics Inc.. (Fierst, Timothy) |
| Filing 7 DECLARATION re #6 Proposed MOTION for Order to Show Cause by Difei Logistics Inc. (Fierst, Timothy) |
| Filing 6 Proposed MOTION for Order to Show Cause by Difei Logistics Inc.. (Fierst, Timothy) |
| Filing 5 Summons Issued as to All Defendants. (CL) |
| Filing 4 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. (CL) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Difei Logistics Inc. (Attachments: #1 Civil Cover Sheet) (Fierst, Timothy) Modified on 11/10/2022 (CL). |
| Filing 1 COMPLAINT against Kim Jung Hyun, Mo Mo Produce Corp. filing fee $ 402, receipt number ANYEDC-16126910 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Difei Logistics Inc.. (Attachments: #1 Exhibit A) (Fierst, Timothy) |
| Case Assigned to Judge Joan M. Azrack 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. (CL) |
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