Four Seasons Produce, Inc. v. Dean & Deluca Incorporated et al
| Four Seasons Produce, Inc. |
| Sorapoj Techakraisri, Dean & Deluca Brands, Inc., Dean & Deluca Madison Avenue, Inc., Dean & Deluca Incorporated, Dean & Deluca New York, Inc., Jonathan Levy and Bayani Lauraya |
| 1:2019cv04187 |
| May 9, 2019 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Agriculture Acts |
| 28 U.S.C. § 1331 |
| None |
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Filing 23
STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between undersigned counsel for the respective parties hereto, that defendants Dean & Deluca Incorporated, Dean & Deluca New York, Inc., Dean & Deluca Brands, Inc., and Dean & Deluca Madison Avenue, Inc. (together the "Corporate Defendants") time to answer or otherwise respond to Plaintiff's Complaint dated May 8, 2019 is hereby extended through and including September 4, 2019. The parties are advised to seek any further extensions by letter-motion, in accordance with Rule 1(G) of my Individual Rules & Practices in Civil Cases.APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/25/2019) Dean & Deluca Brands, Inc. answer due 9/4/2019; Dean & Deluca Incorporated answer due 9/4/2019; Dean & Deluca Madison Avenue, Inc. answer due 9/4/2019; Dean & Deluca New York, Inc. answer due 9/4/2019.(ks)
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| Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca Madison Avenue, Inc., Dean & Deluca New York, Inc.. (Cunningham, Justin) |
| Filing 21 NOTICE of Withdrawal of Motion Without Prejudice re: #16 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint., #17 Memorandum of Law in Support of Motion,. Document filed by Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca Madison Avenue, Inc., Dean & Deluca New York, Inc.. (Moxley, Danny) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer re #1 Complaint; granting #19 Letter Motion for Extension of Time to File Response/Reply re #1 Complaint. APPLICATION GRANTED. SO ORDERED. (Bayani Lauraya answer due 7/26/2019; Jonathan Levy answer due 7/26/2019; Sorapoj Techakraisri answer due 7/26/2019. #16 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint. Responses due by 7/26/2019). (Signed by Judge Vernon S. Broderick on 6/21/2019) (ne)
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| Filing 19 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from David S. Tannenbaum, Esq. dated June 20, 2019., LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vernon S. Broderick from David S. Tannenbaum, Esq. dated June 20, 2019. Document filed by Bayani Lauraya, Jonathan Levy, Sorapoj Techakraisri.(Frieman, Karen) |
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Filing 18
ORDER granting #14 Letter Motion for Extension of Time to Answer re #1 Complaint. APPLICATION GRANTED. SO ORDERED. (Bayani Lauraya answer due 6/21/2019; Jonathan Levy answer due 6/21/2019; Sorapoj Techakraisri answer due 6/21/2019.) (Signed by Judge Vernon S. Broderick on 6/7/2019) (rro)
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| Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint. /Memorandum of Law in Support of Corporate Defendants' Motion to Dismiss the Complaint. Document filed by Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca Madison Avenue, Inc., Dean & Deluca New York, Inc.. (Attachments: #1 Certificate of Service)(Moxley, Danny) |
| Filing 16 MOTION to Dismiss /Notice of Motion to Dismiss the Complaint. Document filed by Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca Madison Avenue, Inc., Dean & Deluca New York, Inc.. Responses due by 6/21/2019(Moxley, Danny) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Dean & Deluca Brands, Inc. for Dean & Deluca Incorporated, Dean & Deluca Madison Avenue, Inc., Dean & Deluca New York, Inc.; Corporate Parent Dean & DeLuca, Inc., Other Affiliate Pace Food Retail Co. Ltd., Other Affiliate Pace Development Corporation PLC for Dean & Deluca Brands, Inc.. Document filed by Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca Madison Avenue, Inc., Dean & Deluca New York, Inc..(Moxley, Danny) |
| Filing 14 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from David S. Tannenbaum, Esq. dated June 6, 2019. Document filed by Bayani Lauraya, Jonathan Levy, Sorapoj Techakraisri.(Frieman, Karen) |
| Filing 13 NOTICE OF APPEARANCE by Karen S. Frieman on behalf of Bayani Lauraya, Jonathan Levy, Sorapoj Techakraisri. (Frieman, Karen) |
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Filing 12
MEMO ENDORSEMENT on re: #10 Notice (Other) filed by Four Seasons Produce, Inc. ENDORSEMENT: The order to show cause hearing set for May 20, 2019 is adjourned sine die. The Clerk of Court is directed to close the open motions at Dkt. Nos. 4 and 5. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/17/2019) (ne)
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Filing 11
ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED PURSUANT TO FED. R. CIV. 65(b): ORDERED, that the above-named Defendants show cause before this Court at Room 518, United States District Court for the Southern District of New York, 40 Foley Square, New York, New York 10007 on May 20, 2019 at 12:45 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, Dean & Deluca Incorporated t/a Dean & DeLuca, Dean & DeLuca New York, Inc. t/a Dean & DeLuca, Dean & DeLuca Brands, Inc. t/a Dean & DeLuca, Dean & DeLuca Madison Avenue Inc. t/a Dean & DeLuca, their customers, agents, employees, officers, directors, subsidiaries, related entities, assigns, and banking institutions (collectively, "Dean & DeLuca"), during the pendency of this action, from alienating, dissipating, paying over or assigning any assets of Dean & DeLuca, or their subsidiaries or related companies, including but not limited to Dean & DeLuca Georgetown, Inc., except for payment to Plaintiff, until further order of this Court or until Defendants pay Plaintiff the amount of $118,076.51 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 Dean & De Luca, or their subsidiaries or related companies, except for payment to Plaintiff, until further order of this Court or until Defendants pay Plaintiff the amount of $118,076.51 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 Plaintiff the amount of $118,076.51 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 Dean & DeLuca signed under penal of perjury; and that Defendants shall also supply to Plaintiffs attorney, within five (5) business days of the date of this Order, any and all documents in their possession, custody or control related to the assets and liabilities of Dean & DeLuca and their 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, 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 $118,076.51 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 May 10, 2019 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 Plaintiff at least 48 hours prior to the return date set forth herein. (Show Cause Hearing set for 5/20/2019 at 12:45 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 5/9/2019) (rro) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 10 NOTICE of Partial Payment of PACA Trust Funds and Withdrawal of Motion for Preliminary Injunction. Document filed by Four Seasons Produce, Inc.. (Brown, Gregory) |
| Filing 9 CERTIFICATE OF SERVICE of Summons and Complaint,. Dean & Deluca Brands, Inc. served on 5/9/2019, answer due 5/30/2019; Dean & Deluca Incorporated served on 5/9/2019, answer due 5/30/2019; Dean & Deluca Madison Avenue, Inc. served on 5/9/2019, answer due 5/30/2019; Dean & Deluca New York, Inc. served on 5/9/2019, answer due 5/30/2019; Bayani Lauraya served on 5/9/2019, answer due 5/30/2019; Jonathan Levy served on 5/9/2019, answer due 5/30/2019; Sorapoj Techakraisri served on 5/9/2019, answer due 5/30/2019. Service was made by Federal Express. Document filed by Four Seasons Produce, Inc.. (Brown, Gregory) |
| Filing 8 MEMORANDUM OF LAW in Support re: #4 MOTION for Temporary Restraining Order ., #5 MOTION for Preliminary Injunction . . Document filed by Four Seasons Produce, Inc.. (Brown, Gregory) |
| Filing 7 DECLARATION of Virginia Williams in Support re: #4 MOTION for Temporary Restraining Order ., #5 MOTION for Preliminary Injunction .. Document filed by Four Seasons Produce, Inc.. (Brown, Gregory) |
| Filing 6 DECLARATION of Karen Buscavage in Support re: #4 MOTION for Temporary Restraining Order ., #5 MOTION for Preliminary Injunction .. Document filed by Four Seasons Produce, Inc.. (Attachments: #1 Exhibit A through H)(Brown, Gregory) |
| Filing 5 MOTION for Preliminary Injunction . Document filed by Four Seasons Produce, Inc.. Return Date set for 5/20/2019 at 12:45 PM.(Brown, Gregory) |
| Filing 4 MOTION for Temporary Restraining Order . Document filed by Four Seasons Produce, Inc.. Return Date set for 5/20/2019 at 12:45 PM. (Attachments: #1 Affidavit / Attorney Certification Why Notice is Not Needed, #2 Text of Proposed Order)(Brown, Gregory) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Four Seasons Produce, Inc..(Brown, Gregory) |
| Filing 2 CIVIL COVER SHEET filed. (pc) (pne). |
| Filing 1 COMPLAINT against Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca Madison Avenue, Inc., Dean & Deluca New York, Inc., Bayani Lauraya, Jonathan Levy, Sorapoj Techakraisri. (Filing Fee $ 400.00, Receipt Number 465401235066)Document filed by Four Seasons Produce, Inc..(pc) (pne). |
| SUMMONS ISSUED as to Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca Madison Avenue, Inc., Dean & Deluca New York, Inc., Bayani Lauraya, Jonathan Levy, Sorapoj Techakraisri. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Kevin Nathaniel Fox 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. (pc) |
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