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 May 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
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 itssubsidiaries 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)
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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