G & S Produce and Trucking, Inc. v. La Boucherie, Inc. et al
| G & S Produce and Trucking, Inc. |
| La Boucherie, Inc. doing business as Les Halles, 15 John Corp. doing business as Les Halles, First Admin, Inc. and Philippe J. Lajaunie |
| 1:2015cv08072 |
| October 14, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Katherine Polk Failla |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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This docket was last retrieved on May 13, 2016. A more recent docket listing may be available from PACER.
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Filing 40
STIPULATION AND ORDER: Plaintiff and Defendants, the "Parties"), by and through their respective undersigned counsel, hereby agree and stipulate to the following: 1. For full and final satisfaction of Plaintiffs claims, subject to the terms and conditions of this Stipulation and Order, the Settling Defendant shall pay to Plaintiff the sum of $26,636.75 (the "Settlement Amount") in equal monthly installments of $1,000.00 commencing on May 17, 2016 and continuing on the 17th day of each month thereafter until the Settlement is paid in full. Plaintiffs' claims against defendants La Boucherie, Inc., First Admin, Inc. and Phillipe J. Lajaunie are hereby dismissed with prejudice and without costs to either side. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Katherine Polk Failla on 5/13/2016) (kko)
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time: Plaintiff's request for an extension of time is GRANTED. All discovery deadlines in this case shall be extended by 30 days. No further extensions of time will be granted absent extraordinary circumstances. (Signed by Judge Katherine Polk Failla on 5/6/2016) (tn)
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| Filing 38 LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Gregory Brown dated May 6, 2016. Document filed by G & S Produce and Trucking, Inc..(Brown, Gregory) |
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Filing 37
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Deposition due by 5/13/2016. Fact Discovery due by 5/13/2016. Expert Discovery due by 5/13/2016. Pretrial Conference set for 5/19/2016 at 04:30 PM in Courtroom 618, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. This case is not to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is two days, and as further set forth in this Civil Case Management Plan and Scheduling Order. (Signed by Judge Katherine Polk Failla on 2/17/2016) (rjm)
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Filing 36
ORDER. For the reasons stated on the record in open court, Plaintiff's motion for a preliminary injunction is DENIED WITHOUT PREJUDICE to its renewal. The Clerk of Court is ORDERED to terminate docket entry 22. So ordered. Denying #22 Motion for Preliminary Injunction. (Signed by Judge Katherine Polk Failla on 2/17/2016) (rjm) Modified on 3/3/2016 (rjm).
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Preliminary Injunction Hearing held on 2/17/2016. (Court Reporter karen Gorlaski) (Lopez, Jose) |
| Filing 35 CERTIFICATE OF SERVICE of Plaintiff's reply papers in further support of Motion for Preliminary Injunction served on all Counsel of Record on February 12, 2016. Service was made by ECF. Document filed by G & S Produce and Trucking, Inc.. (Brown, Gregory) |
| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #22 MOTION for Preliminary Injunction . . Document filed by G & S Produce and Trucking, Inc.. (Brown, Gregory) |
| Filing 33 REPLY AFFIDAVIT of Neil Steinberg in Support re: #22 MOTION for Preliminary Injunction .. Document filed by G & S Produce and Trucking, Inc.. (Attachments: #1 Exhibit E, #2 Exhibit F)(Brown, Gregory) |
| Filing 32 REPLY AFFIDAVIT of Gregory Brown in Support re: #22 MOTION for Preliminary Injunction .. Document filed by G & S Produce and Trucking, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brown, Gregory) |
| Filing 31 MEMORANDUM OF LAW in Opposition re: #22 MOTION for Preliminary Injunction . . Document filed by 15 John Corp., First Admin, Inc., La Boucherie, Inc., Philippe J. Lajaunie. (Ferrari, Robert) |
| Filing 30 DECLARATION of Philippe La Jaunie in Opposition re: #22 MOTION for Preliminary Injunction .. Document filed by 15 John Corp., First Admin, Inc., La Boucherie, Inc., Philippe J. Lajaunie. (Attachments: #1 Exhibit Exhibit a - Invoices, #2 Exhibit Exhibit A - Invoices)(Ferrari, Robert) |
| Filing 29 DECLARATION of Robert Ferrari in Opposition re: #22 MOTION for Preliminary Injunction .. Document filed by 15 John Corp., First Admin, Inc., La Boucherie, Inc., Philippe J. Lajaunie. (Ferrari, Robert) |
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Filing 28
ORDER: The initial pretrial conference currently scheduled for February 16, 2016, is hereby ADJOURNED until February 17, 2016, at 10:00 a.m. At that time, the Court will hold a combined initial pretrial conference/conference on Plaintiff's motion for a preliminary injunction. (Initial Conference set for 2/17/2016 at 10:00 AM before Judge Katherine Polk Failla.) Set Deadlines/Hearing as to #22 MOTION for Preliminary Injunction: Motion Hearing set for 2/17/2016 at 10:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 2/1/2016) (tn)
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Filing 27
ORDER: On January 27, 2016, Plaintiff moved for a preliminary injunction. (Dkt. #22). Defendants must respond to Plaintiff's motion by February 8, 2016. If Plaintiff wishes to submit a reply, it will be due on February 12, 2016. The Court will hold a hearing on Plaintiffs motion on February 17, 2016, at 10:00 a.m. Set Deadlines/Hearing as to #22 MOTION for Preliminary Injunction: Responses due by 2/8/2016, Replies due by 2/12/2016. Motion Hearing set for 2/17/2016 at 10:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 1/29/2016) (tn)
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| Filing 26 CERTIFICATE OF SERVICE of Motion for Preliminary Injunction served on all Counsel of Record on January 27, 2016. Service was made by ECF. Document filed by G & S Produce and Trucking, Inc.. (Brown, Gregory) |
| Filing 25 MEMORANDUM OF LAW in Support re: #22 MOTION for Preliminary Injunction . . Document filed by G & S Produce and Trucking, Inc.. (Brown, Gregory) |
| Filing 24 DECLARATION of Gregory Brown in Support re: #22 MOTION for Preliminary Injunction .. Document filed by G & S Produce and Trucking, Inc.. (Brown, Gregory) |
| Filing 23 DECLARATION of Neil Steinberg in Support re: #22 MOTION for Preliminary Injunction .. Document filed by G & S Produce and Trucking, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B (Part 1 of 2), #3 Exhibit B (Part 2 of 2), #4 Exhibit C)(Brown, Gregory) |
| Filing 22 MOTION for Preliminary Injunction . Document filed by G & S Produce and Trucking, Inc..(Brown, Gregory) |
| Filing 21 AMENDED ANSWER to. Document filed by 15 John Corp., First Admin, Inc., La Boucherie, Inc., Philippe J. Lajaunie. (Ferrari, Robert) |
| Filing 20 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by First Admin, Inc..(Ferrari, Robert) |
| Filing 19 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 15 John Corp..(Ferrari, Robert) |
| Filing 18 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by La Boucherie, Inc..(Ferrari, Robert) |
| Filing 17 ANSWER to #1 Complaint. Document filed by 15 John Corp., First Admin, Inc., La Boucherie, Inc..(Ferrari, Robert) |
| Filing 16 CERTIFICATE OF SERVICE of Summons and Complaint. Philippe J. Lajaunie served on 12/3/2015, answer due 12/24/2015. Service was made by Federal Express Pursuant to Order Dated December 3, 2015 (Docket No. 15). Document filed by G & S Produce and Trucking, Inc.. (Brown, Gregory) |
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Filing 15
ORDER granting in part and denying in part #11 Motion to Serve: The Court finds that the only Defendant who will be affected by Plaintiff's motion to serve Philippe J. Lajaunie by alternative means is Mr. Lajaunie himself. As a result, the Court will exercise its discretion to dispense with the ordinary requirements of Local Civil Rule 6.1 and will respond to Plaintiff's motion at this time. Plaintiff's motion to serve Mr. Lajaunie by alternative means is GRANTED. Plaintiff may serve Mr. Lajaunie by sending a copy of the summons and Complaint via Federal Express to: (a) his home located at 411 Park Avenue South, Apartment 3D, New York,New York 10016, and (b) his place of work located at Les Halles, 411 Park Avenue South, New York, New York 10016. Plaintiff's motion to extend the deadline to serve Mr. Lajaunie is DENIED. (Signed by Judge Katherine Polk Failla on 12/2/2015) (tn)
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| Filing 14 CERTIFICATE OF SERVICE of Motion for Leave to Served Defendant Lajaunie By Alternate Means served on all Defendants on December 1, 2015. Service was made by Federal Express. Document filed by G & S Produce and Trucking, Inc.. (Brown, Gregory) |
| Filing 13 MEMORANDUM OF LAW in Support re: #11 MOTION to Serve Defendant Lajaunie by Alternate Means. . Document filed by G & S Produce and Trucking, Inc.. (Brown, Gregory) |
| Filing 12 DECLARATION of Gregory Brown in Support re: #11 MOTION to Serve Defendant Lajaunie by Alternate Means.. Document filed by G & S Produce and Trucking, Inc.. (Attachments: #1 Exhibit A-B)(Brown, Gregory) |
| Filing 11 MOTION to Serve Defendant Lajaunie by Alternate Means. Document filed by G & S Produce and Trucking, Inc..(Brown, Gregory) |
| Filing 10 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on all Defendants on December 1, 2015. Service was made by Federal Express. Document filed by G & S Produce and Trucking, Inc.. (Brown, Gregory) |
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Filing 9
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/16/2016 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla, and as further set forth in this order. (Signed by Judge Katherine Polk Failla on 12/1/2015) (tn)
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| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. First Admin, Inc. served on 11/11/2015, answer due 12/2/2015. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State of the State of New York. Service was made by additional mailing pursuant to NY BCL 306. Document filed by G & S Produce and Trucking, Inc.. (Attachments: #1 Supplement Notice Pursuant to NY Business Corporation Law 306)(Brown, Gregory) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. 15 John Corp. served on 11/11/2015, answer due 12/2/2015. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State of the State of New York. Service was made by additional mailing pursuant to NY BCL 306. Document filed by G & S Produce and Trucking, Inc.. (Attachments: #1 Supplement Notice Pursuant to NY Business Corporation Law 306)(Brown, Gregory) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. La Boucherie, Inc. served on 11/11/2015, answer due 12/2/2015. Service was made by additional mailing pursuant to NY BCL 306. Document filed by G & S Produce and Trucking, Inc.. (Attachments: #1 Supplement Notice Pursuant to NY Business Corporation Law 306)(Brown, Gregory) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to 15 John Corp., First Admin, Inc., La Boucherie, Inc., Philippe J. Lajaunie. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Magistrate Judge Henry B. Pitman is so designated. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by G & S Produce and Trucking, Inc..(Brown, Gregory) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to La Boucherie, Inc. d/b/a Les Halles; 15 John Corp. d/b/a Les Halles; First Admin, Inc. and Philippe J. Lajaunie, re: #1 Complaint. Document filed by G & S Produce and Trucking, Inc.. (Brown, Gregory) |
| Filing 2 CIVIL COVER SHEET filed. (Brown, Gregory) |
| Filing 1 COMPLAINT against 15 John Corp., First Admin, Inc., La Boucherie, Inc., Philippe J. Lajaunie. (Filing Fee $ 400.00, Receipt Number 0208-11502907)Document filed by G & S Produce and Trucking, Inc..(Brown, Gregory) |
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