Agri Exotic Trading, Inc. v. Dean & Deluca Incorporated et al
| Agri Exotic Trading, Inc. |
| Sorapoj Techakraisri, Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca Small Format, LLC, Dean & Deluca New York, Inc., Justin Seamonds, Josh Hodapp, Bayani Lauraya and Dustin Schwind |
| 1:2019cv05763 |
| June 20, 2019 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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This docket was last retrieved on August 13, 2019. A more recent docket listing may be available from PACER.
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Filing 27
STIPULATION AND ORDER: Plaintiff is a qualified trust creditor and beneficiary under the provisions of the Perishable Agricultural Commodities Act, 7 U.S.C. 499a, et seq. ("PACA"), of Defendants, jointly and severally, for a debt in the principal. amount of $172,016.43, plus accrued interest at the rate of 18%per annum through June 21, 2019 in the amount of$1,514.82 and reasonable attorneys' fees and legal expenses incurred by Plaintiff in the amount of $11,017.50 for a total debt under PACA in the amount of $183,196.85 (the "PACA Trust Debt"). In addition to the PACA Trust Debt, Corporate Defendants owe Plaintiff an additional $1~6020 for non-produce items delivered by Plaintiff to Corporate Defendants, for a total debt in the amount of $184,557.05 (the "Total Debt"). For full and final satisfaction of Plaintiff's claims, subject to the terms and conditions of this Stipulation and Order, Defendants not otherwise dismissed from this action shall pay to Plaintiff the full amount of the Total Debt according to the following schedule: and further set forth in this Order. The Court shall retain jurisdiction over this action and the Parties during the pendency of the application of this Stipulation and Order in order to enforce the terms and conditions hereof. This case shall be administratively closed, but may be reopened to enforce the terms and conditions of the Stipulation and Order without further costs or fees. (Signed by Judge Vernon S. Broderick on 8/13/2019) (rro)
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Filing 26
FINAL ORDER AND JUDGMENT: ORDERED, ADJUDGED, AND DECREED, that plaintiff Agri Exotic Trading, Inc. is a qualified trust creditor and beneficiary under the provisions of the Perishable Agricultural Commodities Act, 7 U.S.C. 499a et seq. ("PACA"), of Defendants, jointly and severally, for a debt in the principal amount of $108,805.56., plus interest at the rate of 18% per annum in the amount of $85.50 and accrued attorneys' fees in the amount of $13,345.00, for a total judgment amount of $122,236.46 under the trust provisions of the PACA, 7 U.S.C. 499e(c); and it is further ORDERED that Defendants shall, within five (5) business days of service of this Order, turnover any and all funds realized from the sale of produce or products derived from produce in their possession to McCarron & Diess, attorneys for Plaintiff, located at 707 Walt Whitman Road, Second Floor, Melville, New York, 11747, for distribution to Plaintiff; and it is further ORDERED that any and all funds belonging to Defendants, in the possession of third parties, shall be immediately turned over to McCarron & Diess, attorneys for Plaintiff, located at 707 Walt Whitman Road, Second Floor, Melville, New York, 11747, for distribution to Plaintiff; and it is further ORDERED that any and all funds owed to Defendants for produce or produce related items shall be paid directly to McCarron & Diess, attorneys for Plaintiff, located at 707 Walt Whitman Road, Second Floor, Melville, New York, 11747, when due for distribution to Plaintiff; and it is further ORDERED that Defendants shall supply to Plaintiff's attorney, within five (5) days of the date of this Order, any and all documents in their possession, custody or control which reflect or relate to the assets and liabilities of the Corporate Defendants 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 and income tax returns. (Signed by Judge Vernon S. Broderick on 8/13/2019) (rro)
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Filing 25
ORDER Accordingly, it is hereby: ORDERED that Defendants are directed to submit any opposition to Plaintiff's request to enter judgment against them by August 9, 2019. If Defendants have not responded or requested an extension of time to respond by that date, I will render a decision without the benefit of their response. (Signed by Judge Vernon S. Broderick on 8/6/2019) (rro)
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| Filing 24 NOTICE OF CHANGE OF ADDRESS by Gregory Adam Brown on behalf of Agri Exotic Trading, Inc.. New Address: McCarron & Diess, 576 Broadhollow Road, Suite 105, Melville, New York, US 11747, (631) 425-8110. (Brown, Gregory) |
| Filing 23 CERTIFICATE OF SERVICE of Declaration in Support of Request to Enter Judgment served on Justin Cunningham, counsel for Defendants, and Sorapoj Techakraisri on July 22, 2019. Service was made by Email. Document filed by Agri Exotic Trading, Inc.. (Brown, Gregory) |
| Filing 22 PROPOSED JUDGMENT. Document filed by Agri Exotic Trading, Inc.. (Brown, Gregory) Proposed Judgment to be reviewed by Clerk's Office staff. |
| Filing 21 DECLARATION of Gregory Brown in Support re: #20 Stipulation and Order of Dismissal,. Document filed by Agri Exotic Trading, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Brown, Gregory) |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #22 Proposed Judgment was reviewed and approved as to form. (dt) |
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Filing 20
STIPULATION AND ORDER: This case shall be administratively closed, but may be reopened to enforce the terms and conditions of the Stipulation and Order without further costs or fees. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/10/2019) (jca)
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Filing 19
NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANTS LAURAYA, HODAPP, SEAMONDS and SCHWIND ONLY: PLEASE TAKE NOTICE that plaintiff Agri Exotic Trading, Inc. (Plaintiff), by and through undersigned counsel, hereby voluntarily dismisses pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) its claims against defendants Bayani Lauraya, Josh Hodapp, Justin Seamonds and Dustin Schwind only in their entirety, with prejudice and without costs to either side. This dismissal is without prejudice to Plaintiff's claims against the remaining defendants, all of which are expressly reserved. SO ORDERED. Dustin Schwind, Justin Seamonds, Josh Hodapp and Bayani Lauraya terminated. (Signed by Judge Vernon S. Broderick on 7/10/2019) (jca)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #18 Notice of Voluntary Dismissal was reviewed and referred to Judge Vernon S. Broderick 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) |
| Filing 18 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Josh Hodapp, Bayani Lauraya, Dustin Schwind, Justin Seamonds. Document filed by Agri Exotic Trading, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Brown, Gregory) |
| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Agri Exotic Trading, Inc.. (Brown, Gregory) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/03/2019) (ama)
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| Filing 15 LETTER MOTION for Extension of Time to submit a stipulation and order addressed to Judge Vernon S. Broderick from D. Cameron Moxley dated July 2, 2019. Document filed by Dean & Deluca Incorporated.(Moxley, Danny) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/2/2019) (rro)
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| Filing 13 LETTER MOTION for Extension of Time to submit a stipulation and order addressed to Judge Vernon S. Broderick from D. Cameron Moxley dated July 1, 2019. Document filed by Dean & Deluca Incorporated.(Moxley, Danny) |
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Filing 12
ORDER granting #9 Letter Motion for Extension of Time. Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 6/28/2019) (js)
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| Filing 11 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/20/19 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 10 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/20/2019 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Michael McDaniel, (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 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019.(McGuirk, Kelly) |
| Filing 9 LETTER MOTION for Extension of Time to submit a stipulation and order reflecting the settlement addressed to Judge Vernon S. Broderick from D. Cameron Moxley, Esq. dated June 27, 2019. Document filed by Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca New York, Inc., Dean & Deluca Small Format, LLC.(Moxley, Danny) |
| Filing 8 MEMORANDUM OF LAW in Support re: #5 MOTION for Temporary Restraining Order ., #6 MOTION for Preliminary Injunction . . Document filed by Agri Exotic Trading, Inc.. (Brown, Gregory) |
| Filing 7 DECLARATION of Kenneth Cospito in Support re: #5 MOTION for Temporary Restraining Order ., #6 MOTION for Preliminary Injunction .. Document filed by Agri Exotic Trading, Inc.. (Attachments: #1 Exhibit A through F)(Brown, Gregory) |
| Filing 6 MOTION for Preliminary Injunction . Document filed by Agri Exotic Trading, Inc..(Brown, Gregory) |
| Filing 5 MOTION for Temporary Restraining Order . Document filed by Agri Exotic Trading, Inc.. (Attachments: #1 Text of Proposed Order, #2 Supplement Attorney Certification)(Brown, Gregory) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Agri Exotic Trading, Inc..(Brown, Gregory) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19cv4187. Document filed by Agri Exotic Trading, Inc..(pc) (pc). |
| Filing 2 CIVIL COVER SHEET filed. (pc) (pne). |
| Filing 1 COMPLAINT against Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca New York, Inc., Dean & Deluca Small Format, LLC, Josh Hodapp, Bayani Lauraya, Dustin Schwind, Justin Seamonds, Sorapoj Techakraisri. (Filing Fee $ 400.00, Receipt Number 465401238216)Document filed by Agri Exotic Trading, Inc..(pc) (pne). |
| CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 19cv4187. (pc) |
| Case Designated ECF. (pc) |
| SUMMONS ISSUED as to Dean & Deluca Brands, Inc., Dean & Deluca Incorporated, Dean & Deluca New York, Inc., Dean & Deluca Small Format, LLC, Josh Hodapp, Bayani Lauraya, Dustin Schwind, Justin Seamonds, Sorapoj Techakraisri. (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. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (jc) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-04187-VSB. Notice of Assignment to follow. (jc) |
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