Ben B. Schwartz & Sons, Inc. v. Produce Tech Giants, LLC et al
| Ben B. Schwartz & Sons, Inc. |
| Edgar Burgos and Produce Tech Giants, LLC |
| 1:2020cv08798 |
| October 21, 2020 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.
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Filing 25
ORDER TO DISSOLVING TEMPORARY RESTRAINING ORDER terminating #24 Letter Motion to Expedite. This matter came before the Court upon Plaintiff, Ben B. Schwartz & Sons, Inc.'s Letter Motion. The Court having reviewed the Letter Motion, and being otherwise fully advised in the premises, it is: ORDERED that the Temporary Restraining Order Entered on October 22, 2020, at Doc. 16, is hereby dissolved and of no further force or effect. The Clerk of Court is respectfully directed to terminate the motion. Doc. 24. (Signed by Judge Edgardo Ramos on 11/9/2020) (mro)
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| Filing 24 LETTER MOTION to Expedite -Request to Dissolve Temporary Restraining Order [DE 23] [DE 16] addressed to Judge Edgardo Ramos from Lawrence H. Meuers dated November 9, 2020. Document filed by Ben B. Schwartz & Sons, Inc.. (Attachments: #1 Text of Proposed Order).(Meuers, Lawrence) |
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Filing 23
JUDGMENT: ORDERED, that Schwartz & Sons is a perfected trust beneficiary of Produce Tech Giants, whose principal place of business is located at 425 Western Highway, Orangetown, NY 10983, under Section 5(c) of the Perishable Agricultural Commodities Act of 1930, as amended, 7 U.S.C. 499e(c) ("PACA"), in the amount of $106,504.60 plus post-judgment interest at the contract rate of 18% per year, from the date of entry of judgment until paid in full. ORDERED, that Judgment is entered in favor of Ben B. Schwartz & Sons, Inc. and against Produce Tech Giants, LLC and Edgar Burgos, jointly and severally, in the amount of $106,504.60, plus post-judgment interest at the contract rate of 18% per year, from the date of entry of judgment until paid in full, for which let execution issue. ORDERED that Bank of America, N.A. is hereby ordered and directed to disburse the sum of $53,305.00, within two business days, from Produce Tech Giants account ending in 1755, as identified in Bank of America, N.A.'s October 26, 2020, letter issued to counsel for Schwartz & Sons, to Plaintiff, Ben B. Schwartz & Sons, Inc., and transmit those funds by wire or ACH, to Schwartz & Sons' account, to be provided to Bank of America, N.A. ORDERED no later than one business day after Bank of America, N.A.'s payment to Schwartz & Sons, counsel for Plaintiff will notify the Court of the payment, requesting an order dissolving the Court's Temporary Restraining Order. ORDERED, that the Court retains jurisdiction to enforce the terms of the Settlement Agreement executed by the parties contemporaneously with their Stipulation for Judgment. (Signed by Judge Edgardo Ramos on 11/2/2020) (jwh)
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| Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by Ben B. Schwartz & Sons, Inc.. (Attachments: #1 Proposed Judgment).(Meuers, Lawrence) |
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Filing 21
ORDER granting #20 Letter Motion to Continue. Plaintiff's request is granted. The TRO is extended until Tuesday, November 10, 2020. The Order to Show Cause hearing scheduled for October 29, 2020 at 2:00 pm is hereby adjourned. The Clerk of Court is respectfully directed to terminate the motion. Doc. 20. (Signed by Judge Edgardo Ramos on 10/28/2020) (mro)
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| Filing 20 LETTER MOTION to Continue October 29, 2020, Order to Show Cause Hearing and Extend Temporary Restraining Order addressed to Judge Edgardo Ramos from Lawrence H. Meuers, attorney for Plaintiff dated October 28, 2020. Document filed by Ben B. Schwartz & Sons, Inc...(Meuers, Lawrence) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Edgar Burgos..(vf) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Produce Tech Giants, LLC. (vf) |
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Filing 19
ORDER TO FILE EX PARTE - UNDER SEAL: Upon review of Plaintiff's Ex Parte Motion for Temporary Restraining Order and Order to Show Cause, Memorandum in Support, and Declarations in Support, this Court authorizes the filing of Plaintiff's Ex Parte Motion for Temporary Restraining Order and Order to Show Cause, Memorandum in Support, Declarations in Support, Certification of Counsel, and proposed order, EXP ARTE, under seal. (Signed by Judge Edgardo Ramos on 10/22/2020) (ama)
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Filing 16
ORDER GRANTING PLAINTIFF'S EX-PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR WHY THIS COURT SHOULD NOT ENTER A PRELIMINARY INJUNCTION: ORDERED, that Defendant, Produce Tech Giants, LLC to show cause on the 29th day of October, 2020 at 2:00 p.m. or as soon thereafter as counsel can be heard, at the United States Courthouse, Southern District of New York, by teleconference at (877) 411-9748, access code 3029857#, before Judge Edgardo Ramos, why this Court should not enter an order for Preliminary Injunction in accordance with Rule 65(a) of the Federal Rules of Civil Procedure to enforce the statutory trust pursuant to the Perishable Agricultural Commodities Act, 7 U.S.C. 499e(c) ("PACA"), by segregating all trust assets under PACA of Produce Tech Giants, LLC. ORDERED, that Defendants must file any and all responsive papers to the Order to Show Cause no later than October 28, 2020 at 9:00 a.m. And as set forth herein. Show Cause Hearing set for 10/29/2020 at 02:00 PM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 10/22/2020) (ama)
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| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Edgar Burgos, re: #1 Complaint. Document filed by Ben B. Schwartz & Sons, Inc...(Meuers, Lawrence) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Produce Tech Giants, LLC, re: #1 Complaint. Document filed by Ben B. Schwartz & Sons, Inc...(Meuers, Lawrence) |
| Filing 13 DECLARATION of Kyle Stone in Support re: #11 MOTION for Preliminary Injunction .. Document filed by Ben B. Schwartz & Sons, Inc...(Meuers, Lawrence) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION for Preliminary Injunction . . Document filed by Ben B. Schwartz & Sons, Inc...(Meuers, Lawrence) |
| Filing 11 MOTION for Preliminary Injunction . Document filed by Ben B. Schwartz & Sons, Inc...(Meuers, Lawrence) |
| Filing 10 ***EX-PARTE***PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Ben B. Schwartz & Sons, Inc.. Related Document Number: #6 . Motion or Order to File Under Seal: #5 .(Meuers, Lawrence) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 9 ***EX-PARTE***DECLARATION of Lawrence H. Meuers - Certification of Counsel in Support re: #6 Proposed Order to Show Cause With Emergency Relief,. Document filed by Ben B. Schwartz & Sons, Inc.. Motion or Order to File Under Seal: #5 .(Meuers, Lawrence) |
| Filing 8 ***EX-PARTE***DECLARATION of Kyle Stone in Support re: #6 Proposed Order to Show Cause With Emergency Relief,. Document filed by Ben B. Schwartz & Sons, Inc.. Motion or Order to File Under Seal: #5 .(Meuers, Lawrence) |
| Filing 7 ***EX-PARTE*** MEMORANDUM OF LAW re: #6 Proposed Order to Show Cause With Emergency Relief, . Document filed by Ben B. Schwartz & Sons, Inc.. Motion or Order to File Under Seal: #5 .(Meuers, Lawrence) |
| Filing 6 ***EX-PARTE***PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Ben B. Schwartz & Sons, Inc.. Motion or Order to File Under Seal: #5 .(Meuers, Lawrence) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 5 PROPOSED ORDER. Document filed by Ben B. Schwartz & Sons, Inc...(Meuers, Lawrence) Proposed Order to be reviewed by Clerk's Office staff. |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lawrence H. Meuers. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lawrence H. Meuers. The party information for the following party/parties has been modified: Edgar Burgos, Produce Tech Giants, LLC, Ben B. Schwartz & Sons, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lawrence H. Meuers to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Each summons must be filed separately. Or you can use one summons form and list each party on a separate rider. 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #5 Proposed Order was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief #10 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Case Designated ECF. (gp) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ben B. Schwartz & Sons, Inc...(Meuers, Lawrence) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Produce Tech Giants, LLC and Edgar Burgos, re: #1 Complaint. Document filed by Ben B. Schwartz & Sons, Inc.. (Attachments: #1 Summons).(Meuers, Lawrence) Modified on 10/22/2020 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Meuers, Lawrence) |
| Filing 1 COMPLAINT against Edgar Burgos, Produce Tech Giants, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-22249396)Document filed by Ben B. Schwartz & Sons, Inc...(Meuers, Lawrence) |
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