Northeast Banana Corp. v. Produce Depot USA LLC et al
| Northeast Banana Corp. |
| Produce Depot USA LLC, Luis A. Ruelas, Gaetano M. Balzano, Luis A. Ruelas, Jr. and Guy Balzano |
| 1:2021cv00969 |
| February 3, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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This docket was last retrieved on April 9, 2021. A more recent docket listing may be available from PACER.
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Filing 43
MEMO ENDORSEMENT on re: #41 LETTER addressed to Judge John P. Cronan from Jonathan Bodner dated March 26, 2021 re: Resolution of Proposed Stipulation. Document filed by Northeast Banana Corp. ENDORSEMENT: The Court endorses the proposed stipulation and order. The conference scheduled for March 26, 2021, at 2:30 p.m. and all briefing deadlines relatedto Plaintiff's motion for a default judgment are adjourned sine die. The hearing scheduled for April 28, 2021, at 12:00 p.m. shall serve as an Initial Pretrial Conference. The parties are directed to submit a joint letter as specified in the Court's Order dated February 5, 2021, and a proposed Case Management Plan pursuant to Rule 5.B of the Court's Individual Rules and Practices in Civil Cases by no later than April 23, 2021. SO ORDERED. (The following deadline(s) was terminated: Motions Deadline. Reply Deadline. Response Deadline. ***Hearings Terminated*** The following hearing(s) was terminated: Telephone Conference.) (Signed by Judge John P. Cronan on 3/26/2021) (rjm)
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Filing 42
STIPULATION: Plaintiff Northeast Banana Corp. ("Plaintiff") and defendants Produce Depot USA LLC, Gaetano M. Balzano a/k/a Guy Balzano and Luis A. Ruelas a/k/a Luis A. Ruelas, Jr. (collectively, "Defendants"), by their undersigned counsel, hereby stipulate and agree as follows: 1. Defendants shall file an answer to the complaint filed by the plaintiff in this action [Docket No. 1 ] by no later than April 7, 2021. 2. Defendants waive all defenses, if any, to Plaintiffs service of the summons and complaint and any other jurisdictional defenses, if any. 3. Upon the Defendants having filed their answer to the complaint timely under this stipulation, the Clerks Certificates of Default entered against the Defendants in this action [Docket Nos. 27, 28, and 29] shall be deemed vacated. 4. This stipulation may be signed in counterparts and a facsimile or e-mail shall be deemed to have the same force, effect and acceptance as an original. SO ORDERED. Gaetano M. Balzano answer due 4/7/2021; Produce Depot USA LLC answer due 4/7/2021; Luis A. Ruelas answer due 4/7/2021. (Signed by Judge John P. Cronan on 3/26/2021) (rj)
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| Filing 41 LETTER addressed to Judge John P. Cronan from Jonathan Bodner dated March 26, 2021 re: Resolution of Proposed Stipulation. Document filed by Northeast Banana Corp.. (Attachments: #1 Proposed [So Ordered] Stipulation).(Bodner, Jonathan) |
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Filing 40
ORDER granting #37 SECOND LETTER MOTION for Extension of Time to File Plaintiff's Motion for Default Judgment addressed to Judge John P. Cronan from Jonathan Bodner dated March 24, 2021. Document filed by Northeast Banana Corp. Plaintiff's request is granted. Plaintiff's deadline to file its motion for a default judgment is April 2, 2021. Defendants' opposition is due on April 16, 2021, and Plaintiff's reply is due April 23, 2021. So ordered. (Signed by Judge John P. Cronan on 3/24/2021) (rjm)
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Filing 39
MEMO ENDORSEMENT on re: #38 Letter Requesting Telephonic Conference, filed by Northeast Banana Corp. ENDORSEMENT: The Court encourages the parties to continue discussion of this matter in an effort to reach a resolution without the Court's involvement. If the parties are unable to resolve this issue, the Court will conduct a telephonic conference on March 26, 2021, at 2:30 p.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED., ( Telephone Conference set for 3/26/2021 at 02:30 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 3/25/21) (yv)
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| Filing 38 LETTER addressed to Judge John P. Cronan from Jonathan Bodner dated March 25, 2021 re: Requesting Telephonic Conference. Document filed by Northeast Banana Corp.. (Attachments: #1 Exhibit Plaintiff's Proposed Form Of Stipulation).(Bodner, Jonathan) |
| Set/Reset Deadlines: Motions due by 4/2/2021. Responses due by 4/16/2021. Replies due by 4/23/2021. (rjm) |
| Filing 37 SECOND LETTER MOTION for Extension of Time to File Plaintiff's Motion for Default Judgment addressed to Judge John P. Cronan from Jonathan Bodner dated March 24, 2021. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 36 NOTICE OF APPEARANCE by Timothy John Fierst on behalf of Gaetano M. Balzano, Produce Depot USA LLC, Luis A. Ruelas..(Fierst, Timothy) |
| Filing 35 STATUS REPORT. / Status Letter Pursuant To the March 16, 2021 Order [Docket No. 34]. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
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Filing 34
ORDER granting #33 LETTER MOTION for Extension of Time to File Plaintiff's Motion for Default Judgment addressed to Judge John P. Cronan from Jonathan Bodner dated March 16, 2021. Document filed by Northeast Banana Corp. Plaintiff's request is granted. Plaintiff's deadline to file its motion for a default judgment is March 26, 2021. Further, Plaintiff is directed to file a status letter with the Court by March 22, 2021, describing whether Plaintiff still plans to move for default judgment and whether the parties request a referral to the Court-annexed mediation program or to the Honorable Kevin N. Fox for a settlement conference. SO ORDERED. (Signed by Judge John P. Cronan on 3/16/2021) (rjm)
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| Set/Reset Deadlines: Motions due by 3/26/2021. (rjm) |
| Filing 33 LETTER MOTION for Extension of Time to File Plaintiff's Motion for Default Judgment addressed to Judge John P. Cronan from Jonathan Bodner dated March 16, 2021. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 32 CERTIFICATE OF SERVICE of Court's Order dated March 12, 2021 [Docket No. 31] served on PRODUCE DEPOT USA LLC, GAETANO M. BALZANO a/k/a GUY BALZANO, LUIS A. RUELAS a/k/a LUIS A. RUELAS, JR. on March 12, 2021. Document filed by Northeast Banana Corp.. (Attachments: #1 Exhibit Confirmations of Delivery).(Bodner, Jonathan) |
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Filing 31
ORDER. It is hereby ORDERED that no later than March 19, 2021, Plaintiff shall move for default judgment as to Defendants, in accordance with Local Civil Rule 55.2 and Rule 3.D of the Court's Individual Rules and Practices for Civil Cases. Pursuant to this Court's Individual Rules, Plaintiff must serve its motion for default judgment and supporting paperwork on Defendants and file an Affidavit of Service on ECF by March 23, 2021. Defendants shall file any oppositions to the motion for default judgment no later than April 6, 2021. Plaintiff shall file any reply no later than April 13, 2021. It is further ORDERED that Defendants appear and show cause at a hearing before this Court on April 28, 2021, at 12:00 p.m., why an order should not be issued granting a default judgment against Defendants. That hearing shall take place telephonically. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. In the event that Defendants do not appear, Plaintiff's counsel should be prepared to discuss any communications with Defendants or representatives for Defendants regarding this litigation and regarding any intent to challenge the suit, including discussions about the alleged illegal conduct prior to the filing of the lawsuit; how Defendants were served with the Summons and Complaint and this Order; why Plaintiff's counsel is confident that Defendants have been served with those documents and have notice of the hearing; and the method for calculating damages. In the event that Defendants appear in this case and oppose the motion for default judgment prior to the scheduled court appearance on April 28, 2021, that court appearance shall also serve as an Initial Case Management Conference pursuant to Rule 5.B of the Courts Individual Rules and Practices in Civil Cases in the event the Court declines to issue a default judgment at the hearing. It is further ORDERED that Plaintiff serve Defendants via overnight courier with a copy of this Order within one week of the date of this Order. Within two business days of service, Plaintiff must file proof of such service on the docket. The Initial Pretrial Conference scheduled for April 20, 2021, at 11:30 a.m. is adjourned sine die. So ordered. (Motions due by 3/19/2021. Responses due by 4/6/2021. Replies due by 4/13/2021.) (Initial Conference set for 4/28/2021 at 12:00 PM before Judge John P. Cronan. Telephone Conference set for 4/28/2021 at 12:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 3/12/2021) (rjm)
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| Filing 30 CERTIFICATE OF SERVICE of Clerk's Certificate of Default and Requests For Entry of Default served on PRODUCE DEPOT USA LLC, GAETANO M. BALZANO a/k/a GUY BALZANO, LUIS A. RUELAS a/k/a LUIS A. RUELAS, JR. on March 10, 2021. Service was made by Mail. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 29 CLERK'S CERTIFICATE OF DEFAULT as to Produce Depot USA LLC.(km) Modified on 3/26/2021 (rj). Modified on 3/26/2021 (rj). |
| Filing 28 CLERK'S CERTIFICATE OF DEFAULT as to Luis A. Ruelas a/k/a Luis A. Ruelas, Jr.(km) Modified on 3/26/2021 (rj). Modified on 3/26/2021 (rj). |
| Filing 27 CLERK'S CERTIFICATE OF DEFAULT as to Gaetano M. Balzano a/k/a Guy Balzano.(km) Modified on 3/26/2021 (rj). Modified on 3/26/2021 (rj). |
| Filing 26 DECLARATION of Jonathan Bodner in Support re: #25 Proposed Clerk's Certificate of Default. Document filed by Northeast Banana Corp.. (Attachments: #1 Exhibit Request For Clerk's Certificate of Default).(Bodner, Jonathan) |
| Filing 25 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Northeast Banana Corp...(Bodner, Jonathan) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/9/2021 (km). |
| Filing 24 DECLARATION of Jonathan Bodner in Support re: #23 Proposed Clerk's Certificate of Default. Document filed by Northeast Banana Corp.. (Attachments: #1 Exhibit Request For Clerk's Certificate of Default).(Bodner, Jonathan) |
| Filing 23 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Northeast Banana Corp...(Bodner, Jonathan) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/9/2021 (km). |
| Filing 22 DECLARATION of Jonathan Bodner in Support re: #21 Proposed Clerk's Certificate of Default. Document filed by Northeast Banana Corp.. (Attachments: #1 Exhibit Request For Clerk's Certificate of Default).(Bodner, Jonathan) |
| Filing 21 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Northeast Banana Corp...(Bodner, Jonathan) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/9/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Jonathan Bodner regarding Document No. #17 MOTION for Entry of Default as to Luis A. Ruelas a/k/a Luis A. Ruelas, Jr. ., #15 MOTION for Entry of Default as to Gaetano M. Balzano a/k/a Guy Balzano . #19 MOTION for Entry of Default as to Produce Depot USA LLC . The filing is deficient for the following reason(s): the documents are not filed properly. Please refer to ECF Rule 16.1. Each proposed clerk's certificate needs to be filed separately (under proposed orders, proposed clerk's certificate of default). The declaration in support needs to be filed separately as well (under other answers, declaration in support of a non-motion). The request can be filed as an exhibit to the declaration. (km) |
| Filing 20 DECLARATION of Jonathan Bodner in Support re: #19 MOTION for Entry of Default as to Produce Depot USA LLC .. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Entry of Default as to Produce Depot USA LLC . Document filed by Northeast Banana Corp.. (Attachments: #1 Text of Proposed Order).(Bodner, Jonathan) Modified on 3/9/2021 (km). |
| Filing 18 DECLARATION of Jonathan Bodner in Support re: #17 MOTION for Entry of Default as to Luis A. Ruelas a/k/a Luis A. Ruelas, Jr. .. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Entry of Default as to Luis A. Ruelas a/k/a Luis A. Ruelas, Jr. . Document filed by Northeast Banana Corp.. (Attachments: #1 Text of Proposed Order).(Bodner, Jonathan) Modified on 3/9/2021 (km). |
| Filing 16 DECLARATION of Jonathan Bodner in Support re: #15 MOTION for Entry of Default as to Gaetano M. Balzano a/k/a Guy Balzano .. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Entry of Default as to Gaetano M. Balzano a/k/a Guy Balzano . Document filed by Northeast Banana Corp.. (Attachments: #1 Text of Proposed Order).(Bodner, Jonathan) Modified on 3/9/2021 (km). |
| Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint served. Luis A. Ruelas served on 2/8/2021, answer due 3/1/2021. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint served. Produce Depot USA LLC served on 2/5/2021, answer due 2/26/2021. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint served. Gaetano M. Balzano served on 2/8/2021, answer due 3/1/2021. Service was accepted by Gaetano M. Balzano a/k/a Guy Balzano. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 11 CERTIFICATE OF SERVICE of Notice of Assignment with the Court's Individual Rules served on Produce Depot USA, LLC, Gateano Balzano and Luis Ruelas on Feb. 5, 2021. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
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Filing 10
NOTICE OF ASSIGNMENT: Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on April 20, 2021 at 11:30 a.m. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. (And as further set forth herein.) SO ORDERED. Initial Conference set for 4/20/2021 at 11:30 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 2/5/2021) (jca)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Luis A. Ruelas..(dnh) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Gaetano M. Balzano..(dnh) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Produce Depot USA LLC..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Scott Bodner. The party information for the following party/parties has been modified: Gaetano M. Balzano; Luis A. Ruelas. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Scott Bodner. The following case opening statistical information was erroneously selected/entered: Dollar Demand $44,490,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $44,000. (dnh) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Luis A. Ruelas a/k/a Luis A. Ruelas, Jr., re: #1 Complaint. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Gaetano M. Balzano a/k/a Guy Balzano, re: #1 Complaint. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Produce Depot USA LLC, re: #1 Complaint. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed..(Bodner, Jonathan) |
| Filing 1 COMPLAINT against Gaetano M. Balzano, Produce Depot USA LLC, Luis A. Ruelas. (Filing Fee $ 402.00, Receipt Number ANYSDC-23809246)Document filed by Northeast Banana Corp...(Bodner, Jonathan) |
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