SV Produce, Inc. v. Emporium Fresh-Islip, LTD. et al
Plaintiff: SV Produce, Inc.
Defendant: Martin Espinal, Emporium Fresh-Islip, LTD. and Manuel Pena
Case Number: 1:2019cv05036
Filed: May 30, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: J Paul Oetken
Nature of Suit: Agriculture Acts
Cause of Action: 07:499
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2019 Opinion or Order Filing 12 ORDER: This matter has been referred to the undersigned for settlement purposes. On June 20, 2019, Judge Oetken directed the parties to meet and confer with each other regarding settlement conference scheduling. Accordingly, the parties shall meet and confer, if not already done, and file a joint status letter by July 31, 2019 indicating when the parties believe a settlement conference would be most productive. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 7/22/2019) (rro)
June 20, 2019 Opinion or Order Filing 11 ORDER OF REFERENCE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ona T. Wang. The parties are directed to confer with each other and with the magistrate judge to determine the most fruitful time to hold the settlement conference. So Ordered. (Signed by Judge J. Paul Oetken on 6/19/2019) (js)
June 19, 2019 Minute Entry for proceedings held before Judge J. Paul Oetken: Show Cause Hearing held on 6/19/2019. Status update letter due by 9/30/2019. (bh)
June 17, 2019 Opinion or Order Filing 10 STIPULATION OF VOLUNTARY DISCONTINUANCE WITHOUT PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys, whereas no party herein being an infant or an incompetent, that all the claims asserted by plaintiff SV PRODUCE INC. against defendant MARTIN ESPINAL in the above-entitled action be and hereby are voluntarily discontinued, without prejudice, and with each party to bear its own costs. This stipulation may be executed in counterparts, and any photocopy, electric, or facsimile signature thereto shall be considered as original. So Ordered. Martin Espinal (in any corporate capacity) and Martin Espinal (individually) terminated. (Signed by Judge J. Paul Oetken on 6/17/2019) (js) Modified on 6/17/2019 (js).
June 17, 2019 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #9 Stipulation of Voluntary Dismissal was reviewed and referred to Judge J. Paul Oetken for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
June 14, 2019 Filing 9 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Martin Espinal(individually) and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by SV Produce, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Henry, Michael)
June 11, 2019 Opinion or Order Filing 8 ORDER granting #6 Letter Motion to Adjourn Conference. GRANTED. THE HEARING SCHEDULED FOR JUNE 12, 2019, AT 12:30 P.M. IS HEREBY ADJOURNED TO JUNE 19, 2019, AT 12:00 P.M. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
June 11, 2019 Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,. All Defendants. Service was made by MAIL. Document filed by SV Produce, Inc.. (Henry, Michael)
June 11, 2019 Filing 6 LETTER MOTION to Adjourn Conference addressed to Judge J. Paul Oetken from Michael L. Henry dated 6/11/2019. Document filed by SV Produce, Inc..(Henry, Michael)
June 11, 2019 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Michael L Henry for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, 2 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (gp)
June 10, 2019 Filing 5 OPPOSITION BRIEF re: #3 Order to Show Cause,,,,,,,,, . Document filed by Martin Espinal(in any corporate capacity). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Donovan, Joseph)
June 5, 2019 Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint,. All Defendants. Service was made by MAIL. Document filed by SV Produce, Inc.. (Henry, Michael)
May 30, 2019 Opinion or Order Filing 3 ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: It is hereby ORDERED, that the above-named Defendants show cause before a motion term of this Court at Room 706, United States District Court for the Southern District of New York, 40 Foley Square New York, New York 10007 on June 12, 2019 at 12:30 pm, or as soon thereafter as counsel may be heard, why an order should not be granted pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the Defendants, their customers, agents, officers, subsidiaries, assigns and banking institutions, during the pendency of this action, from alienating, dissipating, paying over or assigning any assets of Defendants or its subsidiaries or related companies, except to Plaintiff, until further order of this Court or until Defendants pay Plaintiffs the amount of $92,194.10 by bank check or wire transfer, at which time this Order is dissolved; and it is further ORDERED, that, sufficient reason having been shown pending the hearing of Plaintiff's application for a preliminary injunction, Defendants, agents, officers, and subsidiaries, shall not alienate, dispute, or assign assets of EMPORIUM FRESH-ISLIP, LTD. and MARTIN ESPINAL and MANUEL PENA Individually and in any corporate capacity. of at least $92,194.10 or its subsidiaries or related companies except for payment to Plaintiff until further Order of this Court or until Defendants pay Plaintiff the aggregate amount of $92,194.10 by bank check or wire transfer, at which time this Order is dissolved; and it is further ORDERED that service of a copy of this order, its supporting papers, and the Summons and Complaint, by Federal Express or other nationally recognized overnight delivery service upon the Defendants or their counsel on or before June 3, 2019, shall be deemed good and sufficient service thereof; and it is further ORDERED that the Defendants opposition papers, if any shall be filed and served so as to be received by Plaintiff's counsel on or before June 10, 2019. (Show Cause Hearing set for 6/12/2019 at 12:30 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. Show Cause Response due by 6/10/2019.) (Signed by Judge J. Paul Oetken on 5/30/2019) (anc) Modified on 5/31/2019 (anc).
May 30, 2019 SUMMONS ISSUED as to Emporium Fresh-Islip, LTD., Martin Espinal(individually), Martin Espinal(in any corporate capacity), Manuel Pena(individually), Manuel Pena(in any corporate capacity). (pc)
May 30, 2019 Case Designated ECF. (pc)
May 30, 2019 Magistrate Judge Ona T. Wang 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)
May 30, 2019 Filing 2 CIVIL COVER SHEET filed. (pc)
May 30, 2019 Filing 1 COMPLAINT against Emporium Fresh-Islip, LTD., Martin Espinal(individually), Martin Espinal(in any corporate capacity), Manuel Pena(individually), Manuel Pena(in any corporate capacity). (Filing Fee $ 400.00, Receipt Number 465401236476)Document filed by SV Produce, Inc..(pc)

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Defendant: Martin Espinal
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Defendant: Emporium Fresh-Islip, LTD.
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Defendant: Manuel Pena
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Plaintiff: SV Produce, Inc.
Represented By: Michael L Henry
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