A & J Produce Corp. et al v. Dr Produce LLC et al
| A & J Produce Corp., Mendez International Tropical Foods Inc. and Top Banana LLC |
| Dr Produce LLC doing business as Sycamore Foods NJ, Dr. Produce Realty LLC, Lovely Farms Opco LLC, Olix Oil (USA) LLC, Pavlos Vardinoyannis, Dario Fortuna, Apostolos Paralikas and Nicholas P. Vardinoyannis |
| Del Monte Fresh Produce N.A., Inc. and John B. Ordille, Inc. |
| Minkus Family Farm, Inc., USA Tropicals Inc., Coosemans New York Inc., Rubin Bros. Produce Corp., E. Armata, Inc., Fierman Produce Exchange, Inc. and New Asian Tropical Produce LLC |
| 1:2021cv06066 |
| July 15, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Crotty |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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This docket was last retrieved on November 23, 2021. A more recent docket listing may be available from PACER.
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Filing 70
CLAIM FOR SERVICES. Document filed by Dr. Produce Realty LLC, Dario Fortuna. (Attachments: #1 Exhibit A).(Maniscalco, Joseph)
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Filing 69
NOTICE of PACA CLAIM re: #46 Consent Order,,,,,. Document filed by Nathel & Nathel, Inc. (Attachments: #1 Exhibit Exhibit A - Credit Agreement, #2 Exhibit Exhibit B - Statement of Account, #3 Exhibit Exhibit C - Invoices).(Beckerman, Ray)
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Filing 68
NOTICE of PACA Claim with Declaration of Nancy German & Proof of Claim re: #46 Consent Order,,,,,. Document filed by New Asian Tropical Produce LLC..(Borrero, Charles)
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Filing 67
NOTICE OF APPEARANCE by Charles Joseph Borrero on behalf of New Asian Tropical Produce LLC..(Borrero, Charles)
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Filing 66
NOTICE OF APPEARANCE by Ray Beckerman on behalf of Nathel & Nathel, Inc..(Beckerman, Ray)
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Filing 65
ORDER granting #49 Motion for Mark A. Amendola to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 64
DECLARATION of William Fierman re: #46 Consent Order,,,,, PACA Proof of Claim. Document filed by Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 63
DECLARATION of Paul Armata re: #46 Consent Order,,,,, PACA Proof of Claim. Document filed by E. Armata, Inc...(Brown, Gregory)
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Filing 62
DECLARATION of Cary Rubin re: #46 Consent Order,,,,, PACA Proof of Claim. Document filed by Rubin Bros. Produce Corp...(Brown, Gregory)
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Filing 61
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rubin Bros. Produce Corp., E. Armata, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 60
DECLARATION of Joseph Palumbo re: #46 Consent Order,,,,, PACA Proof of Claim. Document filed by Top Banana LLC..(Brown, Gregory)
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Filing 59
DECLARATION of Felipe Mendez re: #46 Consent Order,,,,, PACA Proof of Claim. Document filed by Mendez International Tropical Foods Inc...(Brown, Gregory)
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Filing 58
DECLARATION of Thomas J. Tramutola re: #46 Consent Order,,,,, PACA Proof of Claim. Document filed by A & J Produce Corp...(Brown, Gregory)
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Filing 57
CLAIM FOR PACA. Document filed by Coosemans New York Inc.. (Attachments: #1 Supplement addendum to PACA claim).(Kreinces, Leonard)
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Filing 56
CLAIM FOR PACA. Document filed by Minkus Family Farm, Inc...(Kreinces, Leonard)
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Filing 55
NOTICE of Notice of PACA Trust Claim re: #44 Proposed Consent Order. Document filed by USA Tropicals Inc...(Fierst, Timothy)
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Filing 54
DECLARATION of David J. Ordille in Support re: #46 Consent Order,,,,,. Document filed by John B. Ordille, Inc...(Amendola, Mark)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #49 MOTION for Mark A. Amendola to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25033136. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 53
DECLARATION of Julio Garriga in Support re: #46 Consent Order,,,,,. Document filed by Del Monte Fresh Produce N.A., Inc...(Amendola, Mark)
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Filing 52
CLAIM FOR PACA. Document filed by Minkus Family Farm, Inc...(Kreinces, Leonard)
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Filing 51
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John B. Ordille, Inc...(Amendola, Mark)
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Filing 50
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Fresh Del Monte Produce, Inc. for Del Monte Fresh Produce N.A., Inc.. Document filed by Del Monte Fresh Produce N.A., Inc...(Amendola, Mark)
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Filing 49
MOTION for Mark A. Amendola to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25033136. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Del Monte Fresh Produce N.A., Inc., John B. Ordille, Inc.. (Attachments: #1 Text of Proposed Order).(Amendola, Mark)
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Filing 48
CERTIFICATE OF SERVICE of Consent Injunction Order And Order Establishing PACA Trust Claims Procedure And Granting Related Relief [Docket No. 46] served on PNC Bank, BMO Transportation Finance and BMO Harris Bank. Document filed by Pavlos Vardinoyannis, Nicholas P. Vardinoyannis..(Bodner, Jonathan)
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Filing 47
CERTIFICATE OF SERVICE of Notice of Consent Injunction Order and Order Establishing PACA Trust Claims Procedure and Granting Related Relief, together with this Courts Consent Injunction Order and Order Establishing PACA Trust Claims Procedure and Granting Related Relief (Docket No. 46) served on Creditors of Dr Produce LLC on August 18, 2021. Service was made by Certified Mail, Return Receipt Requested and Federal Express, as applicable. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 46
CONSENT INJUNCTION ORDER AND ORDER ESTABLISHING PACA TRUST CLAIMS PROCEDURE AND GRANTING RELATED RELIEF: Now, therefore, IT IS STIPULATED AND AGREED by the parties to this Order as follows: Pursuant to Fed. R. Civ. P. 65, this Order is binding upon the Defendants to this action, their officers, shareholders, directors, employees, agents, banks, lenders, assignees, attorneys, and persons acting in concert with them, and all other persons or entities receiving actual notice of the entry of this Order (the "Enjoined Parties"). Actual notice includes receipt of a copy of this Order served by personal service, U.S. mail, fax, email, or overnight courier, any of which shall be deemed good and sufficient service of this Order as required by Fed. R. Civ. P. 5. Pursuant to the order of reference entered by the Hon. Paul A. Crotty on July 27, 2021 (Docket No. 40) and 28 U.S.C. 636(c), the Parties hereby consent to the jurisdiction of the Hon. Sarah L. Cave for the purpose of deciding Plaintiffs' Motion for Preliminary Injunction (Docket No. 13), and respectfully request that Judge Cave review, approve and make final entry of this Consent Injunction Order and Order Establishing PACA Trust Claims Procedure and Granting Related Relief and further set forth in this Order. (Signed by Magistrate Judge Sarah L Cave on 8/16/2021) (rro)
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Filing 45
MEMO ENDORSEMENT on #43 granting #43 Motion to Approve ; terminating #11 Motion for TRO; terminating #13 Motion for Preliminary Injunction. ENDORSEMENT: The paties' request for Court approval of their Consent Injunction Order and Order Establishing PACA Trust Claims Procedure and Granting Related Relief (the "PACA Claims Procedure Order") (ECF No. 43) is GRANTED. The Court will separately enter to PACA Claims Procedure Order. The Clerk of Court is respectfully directed to close ECF Nos. 11, 13, and 43. SO ORDERED (Signed by Magistrate Judge Sarah L Cave on 8/16/2021) (rro)
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Filing 44
PROPOSED CONSENT ORDER. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 43
JOINT MOTION to Approve Consent Injunction Order and Order Establishing PACA Trust Claims Procedure and Granting Related Relief . Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC. (Attachments: #1 Text of Proposed Order).(Brown, Gregory)
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Filing 42
STIPULATION EXTENDING DEFENDANTS' TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT: Plaintiffs A & J Produce Corp., Mendez International Tropical Foods Inc., and Top Banana LLC, and defendants Dr Produce, LLC d/b/a Sycamore Foods NJ, Pavlos Vardinoyannis, Nicholas Vardinoyannis, Dr. Produce Realty LLC, and Dario Fortuna, hereby stipulate and agree that the time for all defendants to answer or otherwise respond to the plaintiff's First Amended Complaint [Docket # 32] in this action is extended to August 20, 2021. The requested extension (ECF No. 41) is GRANTED. The deadline for all defendants to answer or otherwise respond to the First Amended Complaint is extended to August 20, 2021. The Clerk of Court is respectfully directed to close ECF No. 41. SO ORDERED. Dr Produce LLC answer due 8/20/2021; Dr. Produce Realty LLC answer due 8/20/2021; Dario Fortuna answer due 8/20/2021; Lovely Farms Opco LLC answer due 8/20/2021; Olix Oil (USA) LLC answer due 8/20/2021; Pavlos Vardinoyannis answer due 8/20/2021; Nicholas P. Vardinoyannis answer due 8/20/2021., Motions terminated: #41 LETTER MOTION for Extension of Time to File Answer re: #32 Amended Complaint, addressed to Magistrate Judge Sarah L. Cave from Jonathan Bodner dated August 9, 2021. filed by Nicholas P. Vardinoyannis, Dr Produce LLC, Pavlos Vardinoyannis. (Signed by Magistrate Judge Sarah L Cave on 8/9/2021) (vfr)
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Filing 41
LETTER MOTION for Extension of Time to File Answer re: #32 Amended Complaint, addressed to Magistrate Judge Sarah L. Cave from Jonathan Bodner dated August 9, 2021. Document filed by Dr Produce LLC, Pavlos Vardinoyannis, Nicholas P. Vardinoyannis. (Attachments: #1 Stipulation Extending Time).(Bodner, Jonathan)
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Filing 40
ORDER granting #39 Letter Motion to Adjourn Conference. The matter will be adjourned with the TRO remaining in place. The Court will be on vacation in August. If the parties need relief before September, they should seek relief from MJ Cave. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/27/2021) (va)
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Filing 39
LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Crotty from Jonathan Bodner dated July 26, 2021. Document filed by Dr Produce LLC, Pavlos Vardinoyannis, Nicholas P. Vardinoyannis. Return Date set for 7/28/2021 at 12:15 PM..(Bodner, Jonathan)
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Filing 38
NOTICE OF APPEARANCE by Jonathan Scott Bodner on behalf of Pavlos Vardinoyannis, Nicholas P. Vardinoyannis..(Bodner, Jonathan)
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Filing 37
NOTICE OF APPEARANCE by Joseph S. Maniscalco on behalf of Dr. Produce Realty LLC..(Maniscalco, Joseph)
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Filing 36
NOTICE OF APPEARANCE by Joseph S. Maniscalco on behalf of Dario Fortuna..(Maniscalco, Joseph)
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Filing 35
ELECTRONIC SUMMONS ISSUED as to Nicholas P. Vardinoyannis..(jgo)
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Filing 34
NOTICE of Accounting In Response To Order To Show Cause re: #25 Order to Show Cause,,,,,. Document filed by Dr Produce LLC. (Attachments: #1 Exhibit A - Accounts Receivable Report).(Bodner, Jonathan)
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Filing 33
REQUEST FOR ISSUANCE OF SUMMONS as to Nicholas P. Vardinoyannis, re: #32 Amended Complaint,. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 32
FIRST AMENDED COMPLAINT amending #1 Complaint, against Dr Produce LLC, Dr. Produce Realty LLC, Dario Fortuna, Lovely Farms Opco LLC, Olix Oil (USA) LLC, Pavlos Vardinoyannis, Nicholas P. Vardinoyannis.Document filed by Top Banana LLC, Mendez International Tropical Foods Inc., A & J Produce Corp.. Related document: #1 Complaint,..(Brown, Gregory)
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Filing 31
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT APOSTOLOS PARALIKAS ONLY. PLEASE TAKE NOTICE that plaintiffs A & J Produce Corp., Mendez International Tropical Foods Inc. and Top Banana LLC hereby voluntarily dismiss their claims in their entirety against Apostolos Paralikas only pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) without prejudice and without costs to either side. This voluntary dismissal is without prejudice to Plaintiffs' claims against the remaining defendants, all of which are reserved. SO ORDERED., (Apostolos Paralikas terminated.) (Signed by Judge Paul A. Crotty on 7/21/21) (yv)
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Filing 30
ORDER granting #29 Letter Motion to Adjourn Conference. The matter is adjourned to July 28, 2021 at 12:15 pm. So Ordered. Show Cause Hearing set for 7/28/2021 at 12:15 PM before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 7/21/2021) (va)
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Filing 29
LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Crotty from Jonathan Bodner dated July 20, 2021. Document filed by Dr Produce LLC. Return Date set for 7/22/2021 at 12:00 PM..(Bodner, Jonathan)
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Filing 28
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) Apostolos Paralikas. Document filed by Top Banana LLC, Mendez International Tropical Foods Inc., A & J Produce Corp.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Brown, Gregory)
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Filing 27
NOTICE OF APPEARANCE by Jonathan Scott Bodner on behalf of Dr Produce LLC..(Bodner, Jonathan)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #28 Notice of Voluntary Dismissal was reviewed and referred to Judge Paul A. Crotty 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)
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Filing 26
AFFIDAVIT OF SERVICE of Summons and Complaint,. Dr Produce LLC served on 7/15/2021, answer due 8/5/2021; Dr. Produce Realty LLC served on 7/15/2021, answer due 8/5/2021; Dario Fortuna served on 7/15/2021, answer due 8/5/2021; Lovely Farms Opco LLC served on 7/15/2021, answer due 8/5/2021; Olix Oil (USA) LLC served on 7/15/2021, answer due 8/5/2021; Apostolos Paralikas served on 7/15/2021, answer due 8/5/2021; Pavlos Vardinoyannis served on 7/15/2021, answer due 8/5/2021. Service was made by Federal Express. Document filed by Top Banana LLC; Mendez International Tropical Foods Inc.; A & J Produce Corp...(Brown, Gregory)
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Filing 25
ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED UNDER FED. R. CIV. P. 65(b): It is ORDERED, that the above-named defendants show cause before this Court at Room 14D, United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007 on July 22, 2021 at 12 o'clock p.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the defendants, their customers, agents, employees, officers, directors, subsidiaries, related entities, assigns, and banking institutions, during the pendency of this action, from alienating, dissipating, paying over or assigning any assets of defendants Dr Produce, LLC d/b/a Sycamore Foods NJ ("Dr. Produce") and Dr. Produce Realty LLC ("Dr. Produce Realty") (Dr. Produce and Dr. Produce Realty collectively, the "Trust Defendants"), or their subsidiaries or related companies, except for payment to Plaintiffs, until further order of this Court or until defendants pay Plaintiffs the aggregate amount of $l,066,172.70 by bank check or wire transfer, at which time this Order is dissolved; and it is further ORDERED (As further set forth herein.) Show Cause Hearing set for 7/22/2021 at 12:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 7/15/2021) (va)
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Filing 24
ELECTRONIC SUMMONS ISSUED as to Pavlos Vardinoyannis..(jgo)
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Filing 23
ELECTRONIC SUMMONS ISSUED as to Olix Oil (USA) LLC..(jgo)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to Lovely Farms Opco LLC..(jgo)
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Filing 21
ELECTRONIC SUMMONS ISSUED as to Dr. Produce Realty LLC..(jgo)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Dr Produce LLC..(jgo)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Dario Fortuna..(jgo)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Apostolos Paralikas..(jgo)
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Filing 17
MEMORANDUM OF LAW in Support re: #11 EMERGENCY MOTION for Temporary Restraining Order ., #13 MOTION for Preliminary Injunction . . Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 16
DECLARATION of Joseph Palumbo in Support re: #13 MOTION for Preliminary Injunction ., #11 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC. (Attachments: #1 Exhibit H through I).(Brown, Gregory)
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Filing 15
DECLARATION of Felipe Mendez in Support re: #13 MOTION for Preliminary Injunction ., #11 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC. (Attachments: #1 Exhibit D through G).(Brown, Gregory)
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Filing 14
DECLARATION of Thomas J. Tramutola in Support re: #13 MOTION for Preliminary Injunction ., #11 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC. (Attachments: #1 Exhibit A through C).(Brown, Gregory)
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Filing 13
MOTION for Preliminary Injunction . Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 12
PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC. Related Document Number: #11 ..(Brown, Gregory) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 11
EMERGENCY MOTION for Temporary Restraining Order . Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC. (Attachments: #1 Text of Proposed Order, #2 Supplement Attorney Certification Why Notice is Not Required).(Brown, Gregory) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Apostolos Paralikas, re: #1 Complaint,. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Dario Fortuna, re: #1 Complaint,. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Pavlos Vardinoyannis, re: #1 Complaint,. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Olix Oil (USA) LLC, re: #1 Complaint,. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Lovely Farms Opco LLC, re: #1 Complaint,. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Dr. Produce Realty LLC, re: #1 Complaint,. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Dr Produce, LLC d/b/a Sycamore Foods NJ, re: #1 Complaint,. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by A & J Produce Corp., Mendez International Tropical Foods Inc., Top Banana LLC..(Brown, Gregory)
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Filing 2
CIVIL COVER SHEET filed..(Brown, Gregory)
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Filing 1
COMPLAINT against Dr Produce LLC, Dr. Produce Realty LLC, Dario Fortuna, Lovely Farms Opco LLC, Olix Oil (USA) LLC, Apostolos Paralikas, Pavlos Vardinoyannis. (Filing Fee $ 402.00, Receipt Number ANYSDC-24797182)Document filed by Top Banana LLC, Mendez International Tropical Foods Inc., A & J Produce Corp...(Brown, Gregory)
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Case Designated ECF. (jgo)
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***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #12 Proposed Temporary Restraining Order, was reviewed and approved as to form. (dt)
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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. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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..(jgo)
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