S. Katzman Produce, Inc. et al v. Orel Produce, Inc. et al
| S. Katzman Produce, Inc. and Katzman Berry Corp. |
| Moshe Yadid, Orel Produce, Inc. and Eliran Yadid |
| 1:2018cv06947 |
| August 2, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Paul A Crotty |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| Defendant |
Docket Report
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This docket was last retrieved on July 19, 2021. A more recent docket listing may be available from PACER.
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Filing 15
MEMO ENDORSEMENT: on re: #14 Letter, filed by S. Katzman Produce, Inc., Katzman Berry Corp. ENDORSEMENT: Request at page 2 Granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/25/2018) (ama)
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Filing 14
LETTER addressed to Judge Paul A. Crotty from Gregory Brown dated September 24, 2018 re: Request to Deposit Third-Party Checks Into Plaintiffs' Operating Account. Document filed by Katzman Berry Corp., S. Katzman Produce, Inc..(Brown, Gregory)
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Filing 13
ANSWER to 1 Complaint with JURY DEMAND. Document filed by Orel Produce, Inc., Eliran Yadid, Moshe Yadid.(Heinze, Mark)
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Filing 12
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Orel Produce, Inc., Eliran Yadid, Moshe Yadid.(Heinze, Mark)
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Filing 11
PRELIMINARY INJUNCTION ORDER: Plaintiffs preserved their respective interests under the trust provisions of the PACA in the amount of $494,897.00 by sending invoices to Defendants that contained the language required by 7 U.S.C. 499e(c)(4). Accordingly, this 7th day of August, 2018 ORDERED, that Plaintiffs' Motion for Preliminary Injunction is granted as provided herein; and further 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 Moses, its successors, subsidiaries and related companies until further order of this Court or until Moses delivers to Plaintiffs' counsel the sum of $494,897.00 by bank check or wire transfer; as further set forth in this Order. (Signed by Judge Paul A. Crotty on 8/7/2018) (cf)
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Filing 10
PROPOSED ORDER. Document filed by Katzman Berry Corp., S. Katzman Produce, Inc.. Related Document Number: [Plaintiffs' Motion for Preliminary Injunction (Docket No. 5)]. (Brown, Gregory) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 9
DECLARATION of Gregory Brown re: Proof of Delivery. Document filed by Katzman Berry Corp., S. Katzman Produce, Inc.. (Attachments: #1 Exhibit A)(Brown, Gregory)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #10 Proposed Order was reviewed and approved as to form. (km)
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CALENDAR ENTRY **REMINDER**: Show Cause Hearing scheduled to go forward on: Tuesday, August 7, 2018 @ 3:00 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Filing 8
CERTIFICATE OF SERVICE of Order to Show Cause Why Preliminary Injunction Should Not Issue Pursuant to Fed. R. Civ. P. 65, together with all supporting papers, the Summons, Complaint, Civil Cover Sheet and corporate disclosure statement served on Orel Produce, Inc. t/a Moses, Eliran Yadid and Moshe Yadid on August 2, 2018. Service was made by Federal Express. Document filed by Katzman Berry Corp., S. Katzman Produce, Inc.. (Brown, Gregory)
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Filing 7
MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order ., #5 MOTION for Preliminary Injunction . . Document filed by Katzman Berry Corp., S. Katzman Produce, Inc.. (Brown, Gregory)
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Filing 6
DECLARATION of Gary Allen in Support re: #4 MOTION for Temporary Restraining Order ., #5 MOTION for Preliminary Injunction .. Document filed by Katzman Berry Corp., S. Katzman Produce, Inc.. (Attachments: #1 Exhibit Exhibits A - B, #2 Exhibit Exhibit C, #3 Exhibit Exhibit D - F)(Brown, Gregory)
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Filing 5
MOTION for Preliminary Injunction . Document filed by Katzman Berry Corp., S. Katzman Produce, Inc..(Brown, Gregory)
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Filing 4
MOTION for Temporary Restraining Order . Document filed by Katzman Berry Corp., S. Katzman Produce, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Brown, Gregory)
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Filing 3
ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED UNDER FED. R. CIV. P. 65(b). It is ORDERED, that the above-named Defendants show cause before this Court at Room 14C, United States District Court for the Southern District of New York, 500 Pearl Street, New York, NY 10007 on Tuesday, August 7, 2018 at 3 o'clock p.m., 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, assigns, and banking institutions, during the pendency of this action, from alienating, dissipating, paying over or assigning any assets of Orel Produce, Inc. t/a Moses or its subsidiaries or related companies, except for payment to Plaintiffs, until further order of this Court or until Defendants pay Plaintiffs the amount of $494,897.00 by bank check or wire transfer, at which time this Order is dissolved; and it is further 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 Moses, or its subsidiaries or related companies, except for payment to Plaintiffs, until further order of this Court or until Defendants pay Plaintiffs the amount of $494,897.00 by bank check or wire transfer, at which time this Order is dissolved; and it is further ORDERED that in the event Defendants fail to pay Plaintiffs the amount of $494,897.00 by bank check or wire transfer within two (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 Moses signed under penalty of perjury; and that Defendants shall also supply to Plaintiffs' attorney, within five (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 Moses 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 bond shall be waived in view of Defendants now holding $494,897.00 worth of Plaintiffs' assets; 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 Friday, August 3, 2018, shall be deemed good and sufficient service thereof; and it is further ORDERED that answering papers, if any shall be served by Defendants so as to be received by counsel for Plaintiffs by Monday, August 6, 2018 at 11am. (Show Cause Hearing set for 8/7/2018 at 03:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 8/2/18) (yv)
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Filing 2
CIVIL COVER SHEET filed. (jgo)
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Filing 1
COMPLAINT against Orel Produce, Inc., Eliran Yadid, Moshe Yadid. (Filing Fee $ 400.00, Receipt Number 465401214930)Document filed by S. Katzman Produce, Inc., Katzman Berry Corp..(jgo)
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SUMMONS ISSUED as to Moshe Yadid. (jgo)
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SUMMONS ISSUED as to Orel Produce, Inc.. (jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo)
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SUMMONS ISSUED as to Eliran Yadid. (jgo)
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