Michael Cutler Company et al v. Martens Fresh, LLC et al
Plaintiff: Michael Cutler Company and Progreso Farms, LLC
Defendant: Martens Fresh, LLC and Timothy Martens
Case Number: 5:2022cv00121
Filed: February 10, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: Miroslav Lovric
Referring Judge: Brenda K Sannes
Nature of Suit: Other Statutory Actions
Cause of Action: 07 U.S.C. ยง 499 Agricultural Commodities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 6, 2022 Filing 13 NOTICE of Voluntary Dismissal with Prejudice and Withdrawal of Motion for Entry of Final Default Judgment by Michael Cutler Company, Progreso Farms, LLC (Brown, Gregory)
April 1, 2022 Opinion or Order Filing 12 TEXT ORDER: In light of the filing of Motion for Default Judgment #10 , the Rule 16 Initial Conference scheduled for 5/11/2022 at 11:00 a.m. before Magistrate Judge Miroslav Lovric and the deadlines for filing of the Civil Case Management Plan and exchange of Mandatory Disclosures are all STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/1/2022. (jdp )
April 1, 2022 Filing 11 CERTIFICATE OF SERVICE by Michael Cutler Company, Progreso Farms, LLC re #10 MOTION for Default Judgment as to defendants Martens Fresh, LLC t/a Martens Farms and Timothy Martens filed by Michael Cutler Company, Progreso Farms, LLC. Motion returnable before Judge Brenda K. Sannes (Brown, Gregory)
April 1, 2022 Filing 10 MOTION for Default Judgment as to defendants Martens Fresh, LLC t/a Martens Farms and Timothy Martens filed by Michael Cutler Company, Progreso Farms, LLC. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 4/22/2022. Reply to Response to Motion due by 4/29/2022 (Attachments: #1 Declaration of Gregory Brown in Support of Motion, #2 Exhibit(s) A through I, #3 Memorandum of Law in Support of Motion) (Brown, Gregory)
March 30, 2022 Opinion or Order Filing 9 TEXT ORDER: On March 30, 2022, the #8 Clerk's entry of default was entered by the Clerk against Defendants Martens Fresh, LLC and Timothy Martens in this action. Should the Plaintiff choose to move for a default judgment, the appropriate motion pursuant to Rule 55(b) and Local Rule 55.2 must be made within thirty (30) days from the date of this order. Plaintiff must attach a copy of the clerk's entry of default to his moving papers and is directed to serve a copy of the motion papers via regular mail upon defendant and file a certificate of service of same. In the alternative, Plaintiff is directed to file a status report within thirty (30) days from the date of this order. SO ORDERED by Judge Brenda K. Sannes on March 30, 2022. (Status Report due by 4/27/2022.)(rep)
March 30, 2022 Filing 8 Clerk's ENTRY OF DEFAULT as to Martens Fresh, LLC, and Timothy Martens. (ztc, )
March 30, 2022 Filing 7 REQUEST FOR ENTRY OF DEFAULT as to Timothy Martens, Martens Fresh, LLC by Michael Cutler Company, Progreso Farms, LLC. (Attachments: #1 Declaration in Support, #2 Proposed Order/Judgment (Certificate of Default))(Brown, Gregory)
March 17, 2022 Filing 6 SUMMONS Returned Executed by Michael Cutler Company, Progreso Farms, LLC. Timothy Martens served on 3/8/2022, answer due 3/29/2022. (Brown, Gregory)
February 25, 2022 Filing 5 SUMMONS Returned Executed by Michael Cutler Company, Progreso Farms, LLC. Martens Fresh, LLC served on 2/18/2022, answer due 3/11/2022. (Brown, Gregory)
February 10, 2022 Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Michael Cutler Company, Progreso Farms, LLC. (ztc, )
February 10, 2022 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 5/11/2022 11:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/4/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc, )
February 10, 2022 Filing 2 Summons Issued as to Martens Fresh, LLC. (Attachments: #1 Summons issued as to Timothy Martens)(ztc, )
February 10, 2022 Filing 1 COMPLAINT against Martens Fresh, LLC and Timothy Martens (Filing fee $402 receipt number ANYNDC-5800036) filed by Michael Cutler Company, Progreso Farms, LLC. (Attachments: #1 Civil Cover Sheet)(ztc, )

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Plaintiff: Michael Cutler Company
Represented By: Gregory A. Brown
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Plaintiff: Progreso Farms, LLC
Represented By: Gregory A. Brown
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Defendant: Martens Fresh, LLC
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Defendant: Timothy Martens
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