Mascari Enterprises, Inc. v. Produce Depot USA, LLC et al
| Mascari Enterprises, Inc. |
| Gaetano Balzano, Produce Depot USA, LLC, Guy Balzano and Luis Ruelas |
| Northeast Banana Corp. |
| 1:2021cv00584 |
| January 22, 2021 |
| US District Court for the Southern District of New York |
| George B Daniels |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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| Filing 31 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, without prejudice and without costs against the defendant(s) Gaetano Balzano, Produce Depot USA, LLC, Luis Ruelas. Document filed by Mascari Enterprises, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Brown, Gregory) |
| Filing 30 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) Gaetano Balzano, Produce Depot USA, LLC, Luis Ruelas. Document filed by Mascari Enterprises, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Brown, Gregory) |
| Filing 29 AFFIDAVIT OF SERVICE of Summons and Complaint. served on Luis Ruelas on 01/27/2021 answer due 02/17/2021. Service was accepted by Luis M. Ruelas as of adult son in Allendale, New Jersey.. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
| Filing 28 AFFIDAVIT OF SERVICE of Summons and Complaint. Gaetano Balzano served on 1/27/2021, answer due 2/17/2021. Service was accepted by Yvette Moro, Agent. Service was made by additional mailing. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
| Filing 27 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by Yvette Moro, Agent. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
| Filing 26 CERTIFICATE OF SERVICE of First Amended Complaint and the Declaration of William Mascari in Support of Emergency Motion for Accounting with supporting Exhibits A through B served on Produce Depot USA, LLC, Gaetano Balzano a/k/a Guy Balzano and Luis Ruelas on 01/28/2021. Service was made by Federal Express. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
| Filing 25 CERTIFICATE OF SERVICE of Letter Motion / Request For Leave To Intervene and Permission to Appear at February 2, 2021 Hearing with attached NBC Proposed Complaint In Intervention [Docket No. 22] served on Produce Depot USA, LLC, Gateano Balzano and Luis Ruelas on January 27, 2021. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 24 FIRST AMENDED COMPLAINT amending #1 Complaint against Gaetano Balzano, Produce Depot USA, LLC, Luis Ruelas.Document filed by Mascari Enterprises, Inc.. Related document: #1 Complaint..(Brown, Gregory) |
| Filing 23 DECLARATION of William Mascari in Support re: #7 EMERGENCY MOTION to Direct Defendants to Account for PACA Trust Assets In Their Possession.. Document filed by Mascari Enterprises, Inc.. (Attachments: #1 Exhibit A and B).(Brown, Gregory) |
| Filing 22 LETTER MOTION for Leave to File Proposed Complaint In Intervention and for Permission to Appear at Feb. 2, 2021 Videoconference addressed to Judge George B. Daniels from Bodner Law PLLC, by Jonathan Bodner, Esq., attorney to Northeast Banana Corp. dated January 27, 2021. Document filed by Northeast Banana Corp.. (Attachments: #1 Proposed Complaint In Intervention).(Bodner, Jonathan) |
| Filing 21 CERTIFICATE OF SERVICE of Initial Pre-Trial Conference Order dated 01/26/2021 served on Produce Depot USA, LLC, Gaetano Balzano a/k/a Guy Balzano and Luis Ruelas on 01/27/2021. Service was made by Mail. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
Filing 20
INITIAL PRETRIAL CONFERENCE: This case has been designated an electronic case and has been assigned to this Court for all purposes. Counsel for all parties are required to promptly register as filing "USERS" in accordance with the procedure for Electronic Case Filing. Counsel for all parties are hereby directed to attend a conference at the time and place fixed below, for the purpose of Case Management and scheduling pursuant to Fed. R. Civ. P. 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures, and to furnish chambers with a copy of any transmittal letter(s). If you are unaware of the identity of counsel for any of the parties, you must forthwith send a copy of the notice and rules to that party personally.An Initial pretrial conference will be held on Tuesday, April 27, 2021 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. No application for adjournment will be considered unless made at least one week prior to the date of this initial conference. And as set forth herein. SO ORDERED. Initial Conference set for 4/27/2021 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 1/26/2021) (ama)
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| Filing 19 SUMMONS RETURNED EXECUTED Summons and Complaint served. Gaetano Balzano served on 1/26/2021, answer due 2/16/2021; Produce Depot USA, LLC served on 1/26/2021, answer due 2/16/2021; Luis Ruelas served on 1/26/2021, answer due 2/16/2021. Service was made by Federal Express. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
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Filing 18
ORDER: The show cause hearing scheduled for February 2, 2021 at 9:30 a.m. shall occur as a videoconference using the Skype platform. To optimize the quality of the video feed, only the Court and counsel for each party will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Skype system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (917) 933-2166 and entering the conference ID 942582275, and as further set forth in this order. (Telephone Conference set for 2/2/2021 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/25/2021) (jwh)
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Filing 17
ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE REQUIRED TO ACCOUNT TO PLAINTIFF filed by Produce Depot USA, LLC. Defendants shall show cause as to why an order should not be issued pursuant to the trust provisions of the Perishable Agricultural Commodities Act, 7 U.S.C. 499a, et seq. ("PACA") directing defendant Produce Depot USA, LLC ("Produce Depot") to provide Plaintiff with an accounting consisting of the following documents regarding the assets of Produce Depot, its successors, subsidiaries and related companies: (1) a reconciliation of all sums due and owing to Plaintiff, and as further set forth in this order. 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 2/2/2021 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 1/25/2021) (jwh)
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| Filing 16 ELECTRONIC SUMMONS ISSUED as to Luis Ruelas..(gp) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Gaetano Balzano..(gp) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Produce Depot USA, LLC..(gp) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Luis Ruelas, re: #1 Complaint. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Gaetano Balzano a/k/a Guy Balzano, re: #1 Complaint. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Produce Depot USA, LLC, re: #1 Complaint. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
| Filing 10 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Mascari Enterprises, Inc.. Related Document Number: #7 ..(Brown, Gregory) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 9 MEMORANDUM OF LAW in Support re: #7 EMERGENCY MOTION to Direct Defendants to Account for PACA Trust Assets In Their Possession. . Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
| Filing 8 DECLARATION of William Mascari in Support re: #7 EMERGENCY MOTION to Direct Defendants to Account for PACA Trust Assets In Their Possession.. Document filed by Mascari Enterprises, Inc.. (Attachments: #1 Exhibit A through F).(Brown, Gregory) |
| Filing 7 EMERGENCY MOTION to Direct Defendants to Account for PACA Trust Assets In Their Possession. Document filed by Mascari Enterprises, Inc.. (Attachments: #1 Text of Proposed Order Order to Show Cause).(Brown, Gregory) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
| Filing 5 CIVIL COVER SHEET filed..(Brown, Gregory) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Luis Ruelas, re: #1 Complaint. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) Modified on 1/22/2021 (gp). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Gaetano Balzano a/k/a Guy Balzano, re: #1 Complaint. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) Modified on 1/22/2021 (gp). |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Produce Depot USA, LLC, re: #1 Complaint. Document filed by Mascari Enterprises, Inc...(Brown, Gregory) Modified on 1/22/2021 (gp). |
| Filing 1 COMPLAINT against Gaetano Balzano, Produce Depot USA, LLC, Luis Ruelas. (Filing Fee $ 402.00, Receipt Number ANYSDC-23643099)Document filed by Mascari Enterprises, Inc...(Brown, Gregory) |
| ***DELETED DOCUMENT. Deleted document number #11 Summonses Issued. The document was incorrectly filed in this case, the party name on the PDF is incorrect. (gp) |
| Magistrate Judge Sarah L. Cave 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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 ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Adam Brown to RE-FILE Document No. #2 Request for Issuance of Summons, #4 Request for Issuance of Summons, #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct, party name is not correct. 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. (gp) |
| Case Designated ECF. (gp) |
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