Snow Fresh Foods, Inc. v. Kiaton LLC et al
Plaintiff: Snow Fresh Foods,Inc. and Snow Fresh Foods, Inc.
Defendant: Kiaton LLC d/b/a Kato Food Products, "Jose", first name being fictitious and Dutan, Estate of Luis A. Dutan, deceased, "Jose" Dutan and Kiaton LLC
Case Number: 1:2018cv12209
Filed: December 26, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Agriculture Acts
Cause of Action: 07 U.S.C. § 499
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 11, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Eugene D. Zinbarg to RE-FILE Document #17 Rule 7.1 Corporate Disclosure Statement,. THE PDF IS NOT SIGNED (lb)
February 8, 2019 Filing 17 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Estate of Luis A. Dutan, deceased.(Zinbarg, Eugene) Modified on 2/11/2019 (lb).
February 8, 2019 Filing 16 ANSWER to #5 Complaint. Document filed by Estate of Luis A. Dutan, deceased. (Attachments: #1 Exhibit KATO Food Corp - DOS Information, #2 Exhibit KATO Food Corp - Business Card, #3 Exhibit KIATON LLC - DOS Information, #4 Exhibit KIATON LLC - Deed, #5 Exhibit DUTAN - 2016 IRS Tax Return)(Zinbarg, Eugene)
January 24, 2019 Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint. Kiaton LLC served on 1/11/2019, answer due 2/1/2019. Service was made by Mail. Document filed by Snow Fresh Foods, Inc.. (Kreinces, Leonard)
January 24, 2019 Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. Estate of Luis A. Dutan, deceased served on 1/11/2019, answer due 2/1/2019. Service was accepted by Rosa Gouman. Document filed by Snow Fresh Foods, Inc.. (Kreinces, Leonard)
January 24, 2019 Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. "Jose" Dutan served on 1/11/2019, answer due 2/1/2019. Service was accepted by Rosa Gouman. Document filed by Snow Fresh Foods, Inc.. (Kreinces, Leonard)
January 17, 2019 Opinion or Order Filing 12 ORDER: The initial pretrial conference scheduled for March 9, 2019 is RESCHEDULED to March 7, 2019, at 3:40 p.m. By February 28, 2019, the parties shall submit their joint letter and proposed case management plan. Initial Conference set for 3/7/2019 at 03:40 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/17/2019) (cf)
January 9, 2019 Filing 11 ELECTRONIC SUMMONS ISSUED as to "Jose" Dutan, Estate of Luis A. Dutan, deceased, Kiaton LLC. (sj)
January 8, 2019 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Kiaton LLC d/b/a Kato Foods Products, Estate of Luis A. Dutan and "Jose" Dutan, re: #5 Complaint. Document filed by Snow Fresh Foods, Inc.. (Kreinces, Leonard)
January 3, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Leonard Kreinces to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
January 2, 2019 Opinion or Order Filing 9 INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 3:40 p.m., on March 9, 2019, in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. The parties are directed to submit a joint letter by February 25, 2019, addressing the following in separate paragraphs as further set forth in this Order. SO ORDERED. (Initial Conference set for 3/9/2019 at 03:40 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 1/2/19) (yv)
January 2, 2019 Opinion or Order Filing 8 ORDER: It is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by February 25, 2019, bring or deliver by mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge to Orders & Judgments, Room 210, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, New York, 10007. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by February 25, 2019, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 1/2/2019) (ne)
January 2, 2019 Filing 7 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kiaton LLC d/b/a Kato Food Products, Estate of Luis A. Dutan, decease and "Jose" Dutan, re: #5 Complaint. Document filed by Snow Fresh Foods, Inc.. (Kreinces, Leonard) Modified on 1/3/2019 (pne).
December 28, 2018 Civil Case Opening Fee Refunded: for #5 Complaint. Filing fee refunded for Receipt number ANYSDC-16106715, for the following reason(s): duplicate payment. (jom)
December 28, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Leonard Kreinces to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; The caption must exactly match the pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
December 27, 2018 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kiaton LLC d/b/a Kato Food Products, Estate of Luis A. Dutan, deceased and "Jose" Dutan, first name being fictitious and intended to be the principal of the corporate defendant, re: #5 Complaint. Document filed by Snow Fresh Foods, Inc.. (Kreinces, Leonard) Modified on 12/28/2018 (dnh).
December 27, 2018 Filing 5 COMPLAINT against "Jose" Dutan, Estate of Luis A. Dutan, deceased, Kiaton LLC. Document filed by Snow Fresh Foods, Inc..(Kreinces, Leonard)
December 27, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Leonard Kreinces to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): due to party modification, the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
December 27, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Leonard Kreinces. The party information for the following party/parties has been modified: Snow Fresh Foods, Inc.; Kiaton LLC; "Jose" Dutan. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias was entered incorrectly; party text was entered incorrectly. (jgo)
December 27, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Leonard Kreinces. The following case opening statistical information was erroneously selected/entered: Dollar Demand none; County code Albany;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $64000; the County code has been modified to Bronx;. (jgo)
December 27, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (jgo)
December 27, 2018 Case Designated ECF. (jgo)
December 27, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Leonard Kreinces to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): party names on 'as to' docket entry text must be separated by commas; the PDF case caption does not exactly match initial pleading caption. If all of the names and party text do not fit, use leading party name followed by 'et al'; attorney information is omitted on the PDF;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
December 27, 2018 Magistrate Judge Sarah Netburn 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)
December 26, 2018 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to KIATON LLC d/b/a KATO FOOD PRODUCTS ESTATE OF LUIS A. DUTAN, deceased and 'JOSE" DUTAN, first name being fictitious and intended to be the princiapl of the corporate defendant, re: #1 Complaint,. Document filed by Snow Fresh Foods,Inc.. (Kreinces, Leonard) Modified on 12/27/2018 (jgo).
December 26, 2018 Filing 3 CIVIL COVER SHEET filed. (Kreinces, Leonard)
December 26, 2018 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Snow Fresh Foods,Inc..(Kreinces, Leonard)
December 26, 2018 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against "Jose", first name being fictitious and Dutan, Estate of Luis A. Dutan, deceased, Kiaton LLC d/b/a Kato Food Products. (Filing Fee $ 400.00, Receipt Number ANYSDC-16106873)Document filed by Snow Fresh Foods,Inc..(Kreinces, Leonard) Modified on 12/27/2018 (jgo).

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Defendant: Kiaton LLC d/b/a Kato Food Products
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Defendant: "Jose", first name being fictitious and Dutan
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Defendant: Estate of Luis A. Dutan, deceased
Represented By: Eugene D. Zinbarg
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Defendant: "Jose" Dutan
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Plaintiff: Snow Fresh Foods,Inc.
Represented By: Leonard Kreinces
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Plaintiff: Snow Fresh Foods, Inc.
Represented By: Leonard Kreinces
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