Produce Pay, Inc. v. NYC Trucking Corporation et al
| Produce Pay, Inc. |
| Victoriano Bravo, NYC Trucking Corporation, d/b/a NYC Produce and NYC Trucking Corporation |
| 1:2018cv10394 |
| November 8, 2018 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Agriculture Acts |
| None |
Docket Report
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This docket was last retrieved on December 27, 2018. A more recent docket listing may be available from PACER.
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Filing 28
ORDER: The Court has received the attached correspondence from nonparty JPMorgan Chase Bank, N.A. If either party believes the Court should take further action in response, it should advise the Court by letter on ECF no later than January 2, 2019. If the Court does not receive any communication from either party, it will take no action on the attached correspondence. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/27/2018) (ne)
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| Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernece proceeding held on 11/16/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 26 TRANSCRIPT of Proceedings re: conference held on 11/16/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/9/2019. Redacted Transcript Deadline set for 1/22/2019. Release of Transcript Restriction set for 3/19/2019.(McGuirk, Kelly) |
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Filing 25
ORDER: The Court has received the attached correspondence from nonparty JPMorgan Chase Bank, N.A. If either party believes the Court should take further action in response, it should advise the Court by letter on ECF no later than December 21, 2018. If the Court does not receive any communication from either party, it will take no action on the attached correspondence. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/19/2018) (ne)
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Filing 24
CONSENT JUDGMENT: Accordingly, IT IS HEREBY ORDERED: On Count I of the Complaint, Final Judgment is hereby granted and entered in favor of Plaintiff and against the Defendants, jointly and severally, in the amount of $697,530.23, plus further attorney's fees and costs, and post-judgment interest at the statutory rate of 0.75% per month (9% APR), until the entire judgment is paid in full (hereinafter the "Outstanding Indebtedness", less any sums recovered under any other Counts of the Complaint or the Parties' forbearance agreement, if any and further set forth in this Order. The amount of this Judgment, with a corresponding credit given for all sums Plaintiff actually receives in partial satisfaction hereof, is hereby expressly founded upon the Company's violation of PACA and relevant state law and upon Principal's breach of his fiduciary duties and, as such, is hereby excepted and excluded from any discharge of personal liability which he may seek in any proceedings under Title 11, United States Code pursuant to 11 U.S.C. 523(a)(4). Produce Pay shall be entitled to recover any further interest and costs, including reasonable attorneys' fees, incurred until such time as this Judgment is fully satisfied. Produce Pay shall be entitled to all writ(s) and process necessary to enforce this Judgment. Based on the Parties' Stipulation, this is a final appealable order of Judgment that is exempted from any type of stay (automatic or otherwise) of enforcement or execution pursuant to Fed.R.Civ.P. 62. This is a final judgment and Defendants hereby forever waive and release any right to appeal this final judgment. All parties acknowledge and agree to the terms of this Consent Judgment and intend to be legally bound thereby as evidenced by their agreement on the record and lack of objection by the Court-imposed deadline of today at 5 p.m. (See Docket No. 22). DONE AND SO ORDERED. (Signed by Judge Jesse M. Furman on 12/10/2018) (rro)
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Filing 23
ORDER: On December 7, 2018, the Court ordered Defendants to respond with any objections to the proposed consent judgment filed at Docket No. #21 by 5:00 p.m. today, December 10, 2018. See Docket No. 22. The Court did not receive any communication from Defendants by that time (nor has it since). In light of that, the Court has signed the proposed consent judgment with minor modifications and will docket it on ECF tomorrow. In the interim, the Court has emailed a copy of the signed consent judgment to both parties' counsel. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/10/2018) (Text Only Order) (Furman, Jesse)
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Filing 22
ORDER re: #21 Letter filed by Produce Pay, Inc. Defendants consented to judgment on the record at a hearing on November 16, 2018, subject to certain conditions discussed on the record at that hearing. As Plaintiff points out in its letter, that consent was the premise of the Court's dissolution of the temporary restraining order freezing Defendants' assets, and for its denial of Plaintiff's motion for a preliminary injunction as moot. The initial deadline for the parties to submit their proposed consent judgment, as agreed to by the parties on the record, was November 30, 2018; the Court extended that deadline at the parties' request to December 7, 2018. Docket No. 20. Plaintiff now represents that Defendants have failed to respond to repeated requests to provide their consent or objections to the form of the proposed consent judgment. In light of the foregoing, Defendants shall file a letter lodging any objections to the terms of the proposed consent judgment appended to Plaintiff's letter no later than Monday, December 10, 2018, at 5:00 p.m. If the Court does not receive any communication from Defendants by that time, it will deem Defendants to have consented to the form and terms of this proposed consent judgment, and will sign and enter the proposed judgment without further notice. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/2018) (Text Only Order) (Furman, Jesse)
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| Filing 21 LETTER addressed to Judge Jesse M. Furman from Anthony M. Rainone, Esq. dated December 7, 2018 re: proposed Consent Judgment. Document filed by Produce Pay, Inc..(Rainone, Anthony) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to File. The deadline to submit the parties' proposed consent judgment and any supporting papers is hereby EXTENDED to December 7, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 19 FIRST LETTER MOTION for Extension of Time to File addressed to Judge Jesse M. Furman from Anthony M. Rainone, Esq. dated November 30, 2018. Document filed by Produce Pay, Inc..(Rainone, Anthony) |
| Filing 18 NOTICE OF APPEARANCE by Carmen Angelica Pacheco on behalf of Victoriano Bravo, NYC Trucking Corporation. (Pacheco, Carmen) |
| Filing 17 CERTIFICATE OF SERVICE of Court's Docket Order (doc 16) served on NYC Trucking Corporation d/b/a NYC Produce and Victoriano Bravo on 11/19/2018. Service was accepted by Carmen A. Pacheco, Esq.. Document filed by Produce Pay, Inc.. (Rainone, Anthony) |
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Filing 16
ORDER: Counsel for Defendants appeared in this action at the Show Cause Hearing on November 16, 2018, but has not yet filed a notice of appearance on the docket. Counsel for Defendants shall promptly file such a notice of appearance on ECF. No later than November 20, 2018, Plaintiff shall serve copies of this Order and the Court's Order of November 16, 2018 (Docket No. #15 ) on Defense Counsel by email and file proof of such service on the docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/19/2018) (Text Only Order) (Furman, Jesse)
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| Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re PI held on 11/16/2018. Anthony Rainone present for Plaintiff. Carmen Pacheco present for Defendants. Court reporter present. (ab) |
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Filing 15
ORDER denying as moot, without prejudice to renewal #9 Motion for Order to Show Cause. Pursuant to the Court's Order to Show Cause for Preliminary Injunction and Temporary Restraining Order (Docket No. 7), a hearing was held in this matter today, November 16, 2018, at which Defendants consented to the entry of judgment subject to the conditions discussed on the record. The parties shall file a proposed consent judgment and any supporting papers no later than November 30, 2018 using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions 13.17-13.18 & App'x A, available at http://nysd.uscourts.gov/ecf_filing.php. Plaintiffs' motion for a preliminary injunction (Docket No. 9) is DENIED as moot, without prejudice to renewal if the consent judgment is not consummated. In addition, the initial pretrial conference scheduled for January 16, 2019 is ADJOURNED sine die. The Clerk of Court is directed to terminate Docket No. 9. SO ORDERED.. (Signed by Judge Jesse M. Furman on 11/16/2018) (ne)
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| Filing 14 AFFIDAVIT OF SERVICE of Order to Show Case for Preliminary Injunction and Temporary Restraining Order served on NYC Trucking Corporation d/b/a NYC Produce and Victoriano Bravo on 11/14/2018. Service was accepted by personal service. Document filed by Produce Pay, Inc.., CERTIFICATE OF SERVICE of Order to Show Case for Preliminary Injunction and Temporary Restraining Order served on NYC Trucking Corporation d/b/a NYC Produce and Victoriano Bravo on 11/14/2018. Service was accepted by personal service. Document filed by Produce Pay, Inc.. (Rainone, Anthony) |
| Filing 13 AFFIDAVIT OF SERVICE of Order to Show Case for Preliminary Injunction and Temporary Restraining Order served on NYC Trucking Corporation d/b/a NYC Produce and Victoriano Bravo on 11/14/2018. Service was accepted by personal service. Document filed by Produce Pay, Inc.., CERTIFICATE OF SERVICE of Order to Show Case for Preliminary Injunction and Temporary Restraining Order served on NYC Trucking Corporation d/b/a NYC Produce and Victoriano Bravo on 11/14/2018. Service was accepted by personal service. Document filed by Produce Pay, Inc.. (Rainone, Anthony) |
| Filing 12 AFFIDAVIT OF SERVICE of Order to Show Case for Preliminary Injunction and Temporary Restraining Order served on NYC Trucking Corporation d/b/a NYC Produce on 11/14/2018. Service was accepted by No name given. Service was made by Mail. Document filed by Produce Pay, Inc.. (Rainone, Anthony) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Victoriano Bravo. (dnh) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to NYC Trucking Corporation. (dnh) |
| Filing 9 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Order to Show Cause for Preliminary Injuction and Temporary Restraining Order. Document filed by Produce Pay, Inc.. Return Date set for 11/16/2018 at 01:00 PM. (Attachments: #1 Plaintiff's Memorandum of Law in Support of Motion for Injunctive Relief, #2 Affidavit Attorney Certificate Why Notice Should Not be Required Under Rule 65(b), #3 Affidavit Plaintiff's Declaration in Support of Injunctive Relief and PACA Trust Claim, #4 Affidavit Declaration of Lucas A. Markowitz, Esq. in Support of Order to Show Cause and Temporary Restraining Order)(Markowitz, Lucas) Modified on 12/20/2018 (ldi). |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/16/2019 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 11/9/2018) (ne)
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Filing 7
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Upon the affidavits of Benjamin Dusastre and Lucas A. Markowitz, Esq., sworn to the 7th and 9th Day of November, 2018, respectively, and upon the copy of the Complaint hereto annexed, it is ORDERED, that the above named Defendants show cause before a motion term of this Court, at Room 1105, United States Courthouse, 40 Centre St. in the City, County and State of New York, on November 16, 2018 at 1:00 o'clock in the afternoon thereof, or as soon thereafter as counsel may be heard, why order(s) should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining Defendants during the pendency of this action as follows: 1. Ordering NYC Trucking Corporation (the "Company") not to pay, withdraw, transfer, assign or sell any and all existing PACA trust assets or otherwise dispose of corporate assets to any creditors, persons or entities until further Order of this Court, or until the Company deposits into the Registry of this Court the sum of $697,530.23 or such other amount as the Court determines appropriate in light of the existence of other potential unpaid PACA trust beneficiaries; 2. Ordering Defendants that pending further orders of this Court, or until such time as the Defendants pay Plaintiff or deposits into the Registry of the Court the sum of not less than $697,530.23, no banking institution holding funds for the Company shall pay, transfer or permit assignment or withdrawal of any existing PACA trust assets held on behalf of the Defendants. Further, pending further order of this Court, or until such time as the Defendants deposit into the Registry of this Court the sum of not less than $697,530.23, no banking institution holding funds for the Company shall pay, transfer or permit assignment or withdrawal of the corporate assets of the Defendants without this Court's express written approval; and it is further ORDERED that, sufficient reason having been shown therefor, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Rule 65, Fed. R. Civ. P., the Defendants are temporarily restrained and enjoined as follows: 1. The Company is enjoined from paying, withdrawing, transferring, assigning or selling any and all existing PACA trust assets or otherwise dispose of corporate assets to any creditors, persons or entities until further Order of this Court, or until the Company deposits into the Registry of this Court the sum of $697,530.23 or such other amount as the Court determines appropriate in light of the existence of other potential unpaid PACA trust beneficiaries; and it is further ORDERED that personal service of a copy of this order and annexed affidavit and supporting papers upon the Defendants or their counsel on or before 10:00 o'clock in the forenoon, November 13, 2018, shall be deemed good and sufficient service thereof. Plaintiff shall, in addition, serve by overnight courier a copy of all papers of Defendants TODAY, for Saturday delivery or serve all papers electronically on Defendants. No later than November 13, 2018, Plaintiff shall file all papers in support of this order on ECF. Defendants shall file a letter addressing the issues raised by Plaintiff's application by November 15, 2018, at noon. (As further set forth in this order) Show Cause Hearing set for 11/16/2018 at 01:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 11/9/2018) (ne)
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| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Produce Pay, Inc..(Markowitz, Lucas) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to VICTORIANO BRAVO, re: #1 Complaint. Document filed by Produce Pay, Inc.. (Rainone, Anthony) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to NYC TRUCKING CORPORATION d/b/a NYC Produce, re: #1 Complaint. Document filed by Produce Pay, Inc.. (Rainone, Anthony) |
| Filing 3 NOTICE OF APPEARANCE by Anthony Michael Rainone on behalf of Produce Pay, Inc.. (Rainone, Anthony) |
| 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lucas Andrew Markowitz. The following case opening statistical information was erroneously selected/entered: Dollar Demand $697,530,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet; the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lucas Andrew Markowitz. The party information for the following party/parties has been modified: NYC Trucking Corporation, Victoriano Bravo. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party information was entered incorrectly. (pne) |
| Filing 2 CIVIL COVER SHEET filed. (Markowitz, Lucas) |
| Filing 1 COMPLAINT against Victoriano Bravo, NYC Trucking Corporation, d/b/a NYC Produce. (Filing Fee $ 400.00, Receipt Number ANYSDC-15886836)Document filed by Produce Pay, Inc..(Markowitz, Lucas) |
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