C.H. Robinson Worldwide, Inc. v. Produce Depot USA, LLC et al
| C.H. Robinson Worldwide, Inc. |
| Produce Depot USA, LLC, Gaetano M. Balzano, Luis A. Ruelas, Michael E. Felix and Book 3 LLC |
| 1:2021cv07939 |
| September 23, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Katharine H Parker |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 55 WAIVER OF SERVICE RETURNED EXECUTED. Book 3 LLC waiver sent on 4/13/2022, answer due 6/13/2022. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
Filing 54
ORDER STAYING CASE as to Defendant Ruelas until further order of the Court. Plaintiff and Ruellas shall provide a status update as to the settlement approval in bankruptcy court by June 15, 2022. Stay retro to last date of stay. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 5/3/2022. (ca) |
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Filing 53
ORDER granting #52 Letter Motion for Extension of Time. APPLICATION GRANTED: The telephonic settlement conference in this matter scheduled for Wednesday, April 27, 2022 at 2:00 p.m. is hereby rescheduled to Tuesday, May 3, 2022 at 2:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Updated pre-conference submissions must be received by the Court no later than April 29, 2022 by 5:00 p.m. (Signed by Magistrate Judge Katharine H. Parker on 4/26/2022) (vfr)
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| Filing 52 LETTER MOTION for Extension of Time to Adjourn Settlement Conference for Two (2) Weeks on Consent addressed to Magistrate Judge Katharine H. Parker from Timothy J. Fierst, Esq. dated April 26, 2022. Document filed by Luis A. Ruelas..(Fierst, Timothy) |
| Set/Reset Hearings: Telephone Conference set for 5/3/2022 at 2:00 PM before Magistrate Judge Katharine H. Parker. (vfr) |
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Filing 51
ORDER. Discovery stayed for 90 days. The parties shall file a joint letter by July 19, 2022 updating the Court on the status of the settlement discussions and related bankruptcy proceedings. A follow-up settlement conference (telephonic) is scheduled for April 27, 2022 at 2:00 p.m. Counsel for the parties shall dial the Court's conference line and use the same security code as they used for today's settlement conference. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 4/19/2022. (ca) |
| Filing 50 STATUS REPORT. Joint Status Letter Pursuant To Scheduling Order Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 49 ELECTRONIC SUMMONS ISSUED as to Book 3 LLC..(sj) |
| Filing 48 REQUEST FOR ISSUANCE OF SUMMONS as to Book 3 LLC, re: #47 Amended Complaint,. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 47 SECOND AMENDED COMPLAINT amending #1 Complaint, #16 Amended Complaint, against Gaetano M. Balzano, Michael E. Felix, Produce Depot USA, LLC, Luis A. Ruelas, Book 3 LLC.Document filed by C.H. Robinson Worldwide, Inc.. Related document: #1 Complaint, #16 Amended Complaint,. (Attachments: #1 Exhibit Statement of Account and Unpaid Invoices).(Amendola, Mark) |
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Filing 46
ORDER granting #45 Letter Motion for Leave to File Document. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 3/28/2022) (vfr)
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| Filing 45 CONSENT LETTER MOTION for Leave to File Amended Pleadings addressed to Magistrate Judge Katharine H. Parker from Mark A. Amendola, Esq. dated March 25, 2022. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
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Filing 44
ORDER: In light of the Suggestion of Bankruptcy filed by Defendant Gaetano Balzano ("Balzano") (ECF No. 43), this action is stayed as to Defendant Balzano and shall proceed as to the remaining Defendants. Defendant Balzano shall provide a status update by September 6, 2022. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/8/2022) (vfr)
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| Filing 43 SUGGESTION OF BANKRUPTCY upon the record as to Gaetano M. Balzano . Document filed by Gaetano M. Balzano (Attachments: #1 Balzano Notice of Chp. 11 Filing).(Fierst, Timothy) |
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Filing 42
ORDER: In light of the Suggestion of Bankruptcy filed by Defendant Produce Depot USA LLC ("Produce Depot") (ECF No. 40), this action is stayed as to Defendant Produce Depot only and shall proceed as to the remaining Defendants. Defendant Produce Depot shall provide a status update by September 6, 2022. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/4/2022) (vfr)
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| Filing 41 RESPONSE / Plaintiff's Response To Defendant's Suggestion of Bankruptcy. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 40 SUGGESTION OF BANKRUPTCY upon the record as to Produce Depot USA LLC . Document filed by Produce Depot USA, LLC (Attachments: #1 Produce Depot Chp. 11 Notice of Filing).(Fierst, Timothy) |
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Filing 39
SCHEDULING ORDER: On February 15, 2022 the parties appeared for an Initial Case Management Conference. After review of the pleadings and consultation with the parties, the following Scheduling Order is entered pursuant to Rule 16 of the Federal Rules of Civil Procedure: The last date to amend the pleadings or join parties is March 31, 2022. The deadline to complete fact discovery is July 31, 2022. The parties have represented that initial disclosures have been produced. Initial document requests shall be served by March 18, 2022 and responses shall be due on April 18, 2022. Initial interrogatories due no later than March 18, 2022. All subsequent interrogatories must be served no later than 30 days prior to the discovery deadline. All fact depositions shall be completed by July 31, 2022. The parties are limited to no more than three depositions per party absent an agreement between the parties or an order from the Court. Interim deadlines may be adjusted by the parties on agreement without further order of the Court. The parties shall follow the Court's Individual Procedures with respect to any discovery disputes. See https://nysd.uscourts.gov/hon-katharine-h-parker. Counsel shall comply with Rule 1 and Rule 26(b)(1) in the conduct of discovery. Counsel shall be fully familiar with their obligations under Rules 34 and 26(g) and consider and discuss ways to ensure compliance and minimize disputes regarding overbreadth and specificity of requests and responses. A failure to comply with this responsibility carries serious consequences. Requests for any and all documents on a broad topic are presumptively improper. Likewise, courts have held that an objection that does not appropriately explain its grounds is forfeited. See, e.g., Wesley Corp. v. Zoom T.V. Prods., LLC, No. 17-100212018, 2018 WL 372700, at *4 (E.D. Mich. Jan. 11, 2018); Fischer v. Forrest, No. 14 Civ. 01304 (PAE) (AJP), 2017 WL 773694 (S.D.N.Y. Feb. 28, 2017) ("[A]ny discovery response that does not comply with Rule 34's requirement to state objections with specificity (and to clearly indicate whether responsive material is being withheld on the basis of objection) will be deemed a waiver of all objections (except as to privilege)."). The parties shall provide the Court with a joint status letter, submitted electronically, by April 18, 2022. SO ORDERED. Amended Pleadings due by 3/31/2022. Joinder of Parties due by 3/31/2022. Deposition due by 7/31/2022. Fact Discovery due by 7/31/2022. (Signed by Magistrate Judge Katharine H. Parker on 2/15/2022) (vfr)
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Filing 38
ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for Tuesday, April 19, 2022 at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than April 12, 2022 by 5:00 p.m. SO ORDERED. ( Telephone Conference set for 4/19/2022 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 2/15/2022) (vfr)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Initial Pretrial / Discovery / Scheduling / Status Conference held on 2/15/2022: See transcript for details.AT&T Conference Line. (ca) |
| NOTICE TO COUNSEL: REMINDER of the Initial Case Management Conference scheduled for Tuesday, February 15, 2022 at 11:00 a.m. Please dial (866) 434-5269; access code 4858267 re: #37 Order.(ca) |
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Filing 37
INITIAL CASE MANAGEMENT CONFERENCE RESCHEDULE ORDER: The Initial Case Management Conference in this matter scheduled for Tuesday, February 15, 2022, at 11:30 a.m. is hereby rescheduled to Tuesday, February 15, 2022 at 11:00 a.m. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. SO ORDERED. Initial Conference set for 2/15/2022 at 11:00 AM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 2/8/2022) (vfr)
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| Filing 36 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
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Filing 35
ORDER granting #34 Letter Motion for Conference re: #34 LETTER MOTION for Conference re: #33 Order on Motion for Conference, (Request For Remote Appearance By Telephone or By Zoom) addressed to Magistrate Judge Katharine H. Parker from Mark A. Amendola, Esq. dated January 19, 2022. APPLICATION GRANTED: The Initial Case Management Conference in this matter scheduled for Tuesday, February 15, 2022, at 11:30 a.m. is hereby converted to a telephonic conference. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. (Signed by Magistrate Judge Katharine H. Parker on 1/19/2022) (vfr)
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| Filing 34 LETTER MOTION for Conference re: #33 Order on Motion for Conference, (Request For Remote Appearance By Telephone or By Zoom) addressed to Magistrate Judge Katharine H. Parker from Mark A. Amendola, Esq. dated January 19, 2022. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
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Filing 33
INITIAL CASE MANAGEMENT CONFERENCE ORDER granting #31 Letter Motion for Conference. Initial Conference set for 2/15/2022 at 11:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/18/2022) (vfr)
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Filing 32
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Andrew L. Carter, Jr on 1/18/2022) (ate)
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| Filing 31 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Mark A. Amendola, Esq. dated January 14, 2022. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 30 NOTICE of Service of Plaintiff's Initial Disclosures. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 29 CLERK'S CERTIFICATE OF DEFAULT as to Michael E. Felix.(km) |
| Filing 28 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/5/2022 (km). |
| Filing 27 DECLARATION of Plaintiff's Counsel Mark A. Amendola in Support re: #26 Proposed Clerk's Certificate of Default. Document filed by C.H. Robinson Worldwide, Inc.. (Attachments: #1 Exhibit Request For Clerk's Entry of Default Against Separate Defendant Michael E. Felix).(Amendola, Mark) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/4/2022 (km). |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/4/2022 (dt). |
| Filing 24 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Entry of Default as to Defendant Michael E. Felix . Document filed by C.H. Robinson Worldwide, Inc.. (Attachments: #1 Affidavit -Declaration of Counsel In Support).(Amendola, Mark) Modified on 1/4/2022 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Amendola, Mark. RE-FILE Document No. #25 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default lists the wrong name(s) for the person that was personally served (see Doc.#19); Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Amendola, Mark to RE-FILE Document #24 MOTION for Entry of Default as to Defendant Michael E. Felix .. Use the event type Declaration in Support of a Non-Motion found under the event list Other Answers. After you re-file the Clerk's Certificate of Default, separately re-file the Declaration with the Request as an attachment to the back of it. (dt) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Mark Amendola. RE-FILE Document No. #26 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not cite the service of the amended complaint. Proof of service of the summons and amended complaint needs to be filed on the docket. Once it has been filed, please refile the clerk's certificate including information about the summons and amended complaint. (There are detailed instructions on our website under forms, on how to draft your clerk's certificate). Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies)who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, cites the service of the amended complaint. (km) |
| Filing 23 ANSWER to #16 Amended Complaint,. Document filed by Gaetano M. Balzano, Produce Depot USA, LLC, Luis A. Ruelas..(Fierst, Timothy) |
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Filing 22
STIPULATION EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT: It is hereby stipulated and agreed to by Martyn and Associates by Mark A. Amendola., attorneys for Plaintiff, and the Fierst Law Group P.C. by Timothy J. Fierst, Esq. attorneys for Defendants Produce Depot USA, LLC, Gaetano M. Balzano and Luis A. Ruelas, as follows: Defendant's time to answer or to move in respect to the Amended Complaint is hereby extended to on or before December 15, 2021. ECF filing shall be deemed sufficient as means of service for thee referencing filing. SO ORDERED. Gaetano M. Balzano answer due 12/15/2021; Produce Depot USA, LLC answer due 12/15/2021; Luis A. Ruelas answer due 12/15/2021. (Signed by Judge Andrew L. Carter, Jr on 12/9/2021) (vfr)
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| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by Gaetano M. Balzano, Produce Depot USA, LLC, Luis A. Ruelas..(Fierst, Timothy) |
| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Gaetano M. Balzano, Produce Depot USA, LLC, Luis A. Ruelas..(Fierst, Timothy) |
| Filing 19 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Michael E. Felix served on 11/23/2021, answer due 12/14/2021. Service was accepted by Jane Doe, a person of suitable age and discretion. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Michael E. Felix..(pc) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Michael E. Felix, re: #16 Amended Complaint,. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 16 FIRST AMENDED COMPLAINT amending #1 Complaint, against Gaetano M. Balzano, Produce Depot USA, LLC, Luis A. Ruelas, Michael E. Felix.Document filed by C.H. Robinson Worldwide, Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit Statement of Account and Unpaid Invoices).(Amendola, Mark) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Luis A. Ruelas served on 10/6/2021, answer due 10/27/2021. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Gaetano M. Balzano served on 10/6/2021, answer due 10/27/2021. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Produce Depot USA, LLC served on 10/1/2021, answer due 10/22/2021. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
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Filing 12
ORDER granting #11 Motion for Mark A. Amendola to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 10/1/2021) (ate)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Mark A. Amendola to Appear Pro Hac Vice (Renewed Motion). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 11 MOTION for Mark A. Amendola to Appear Pro Hac Vice (Renewed Motion). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by C.H. Robinson Worldwide, Inc.. (Attachments: #1 Text of Proposed Order).(Amendola, Mark) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Luis A. Ruelas. (vf) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Gaetano M. Balzano. (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Produce Depot USA, LLC. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark A. Amendola. The following case opening statistical information was erroneously selected/entered: Cause of Action code 07:1930 Perishable Agric. Comm. Act of 1930; County code Bronx. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 07:499 Agricultural Commodities Act; the County code has been modified to XX Out of State. (vf) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 MOTION for Mark A. Amendola to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25101228. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Ohio and Pennsylvania;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(vf) |
| Magistrate Judge Katharine H. Parker 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mark A. Amendola to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25101228. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by C.H. Robinson Worldwide, Inc.. (Attachments: #1 Text of Proposed Order).(Amendola, Mark) Modified on 9/24/2021 (bcu). |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Luis A. Ruelas, re: #1 Complaint,. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Gaetano M. Balzano, re: #1 Complaint,. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Produce Depot USA, LLC, re: #1 Complaint,. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by C.H. Robinson Worldwide, Inc...(Amendola, Mark) |
| Filing 2 CIVIL COVER SHEET filed..(Amendola, Mark) |
| Filing 1 COMPLAINT against Gaetano M. Balzano, Produce Depot USA, LLC, Luis A. Ruelas. (Filing Fee $ 402.00, Receipt Number ANYSDC-25100845)Document filed by C.H. Robinson Worldwide, Inc.. (Attachments: #1 Exhibit Statement of Account and Unpaid Invoices).(Amendola, Mark) |
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