Fierman Produce Exchange, Inc. et al v. Valentine Produce Inc. et al
| Fierman Produce Exchange, Inc., D'Arrigo Bros. Co. of New York, Inc., A & J Produce Corp., Coosemans New York Inc. and S. Katzman Produce Inc. |
| Diane Reilly, Valentine Produce Inc., John E. Reilly and Debbie Reilly |
| 1:2021cv08033 |
| September 28, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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Filing 14
STIPULATION AND ORDER. For full and final satisfaction of Plaintiffs' claims, subject to the terms and conditions of this Stipulation and Order, Defendants shall pay to Plaintiffs the sum of $92,500.00 (the "Settlement Amount") as follows: (a) the sum of $36,000.00 on or before November 5, 2021; and (b) weekly installments of $7,062.50 each commencing on November 12, 2021 and continuing on each successive Friday until the Settlement Amount is paid in full. All payments to be made under this Stipulation and Order shall be paid so as to be received on or before 3:00 PM on the date due, TIME BEING OF THE ESSENCE. All payments to be made pursuant to this Stipulation and Order shall be paid by wire transfer or ACH according to separately provided wire instructions. The Parties' agreement to the payments set forth in Paragraph 2 above is without prejudice to Plaintiffs' standing as qualified PACA trust creditors and beneficiaries as set forth in Paragraph 1 above and nothing herein shall be deemed a waiver of those rights as contemplated by 7 C.F.R. 46.46(c)(2) and 7 C.F.R. 46.46(e)(3). The original credit terms between the Parties are not intended to be modified, nor are they modified by this Stipulation and Order. Nothing herein shall be deemed, interpreted or otherwise construed as an extension of credit by Plaintiffs to Defendants, nor as a waiver of Plaintiffs' rights under the PACA statutory trust as set forth in 7 U.S.C. 499e(c), and Plaintiffs' rights under this Stipulation and Order are in addition to their rights under the trust. The Court shall retain jurisdiction over this action and the Parties during the pendency of the application of this Stipulation and Order in order to enforce the terms and conditions hereof. All dates and deadlines imposed by operation of the Federal Rules of Civil Procedure or prior orders of this Court are adjourned sine die. The Court sees no reason to keep this case open. Accordingly, the Clerk of Court is directed to close it. If any party disagrees, it shall confer with the other parties and file any motion to reopen within two weeks. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/2/21) (yv)
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by A & J Produce Corp., Coosemans New York Inc., D'Arrigo Bros. Co. of New York, Inc., Fierman Produce Exchange, Inc., S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Diane Reilly served on 10/13/2021, answer due 11/3/2021. Service was accepted by Melissa Ryan, Suitable Age Person. Service was made by additional mailing. Document filed by A & J Produce Corp.; D'Arrigo Bros. Co. of New York, Inc.; Coosemans New York Inc.; Fierman Produce Exchange, Inc.; S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,. John E. Reilly served on 10/13/2021, answer due 11/3/2021. Service was accepted by Melissa Ryan, Suitable Age Person. Service was made by additional mailing. Document filed by A & J Produce Corp.; D'Arrigo Bros. Co. of New York, Inc.; Coosemans New York Inc.; Fierman Produce Exchange, Inc.; S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. Valentine Produce Inc. served on 10/8/2021, answer due 10/29/2021. Service was accepted by Nancy Dougherty, Designated Agent for the New York Secretary of State. Service was made by additional mailing. Document filed by A & J Produce Corp.; D'Arrigo Bros. Co. of New York, Inc.; Coosemans New York Inc.; Fierman Produce Exchange, Inc.; S. Katzman Produce Inc.. (Attachments: #1 Supplement Notice Pursuant to NY Business Corporation Law 306).(Brown, Gregory) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Valentine Produce Inc.. (sj) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on December 14, 2021, at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/30/2021) Initial Conference set for 12/14/2021 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (ks)
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| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Valentine Produce Inc., re: #1 Complaint,. Document filed by A & J Produce Corp., Coosemans New York Inc., D'Arrigo Bros. Co. of New York, Inc., Fierman Produce Exchange, Inc., S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Diane Reilly, John E. Reilly..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Adam Brown to RE-FILE Document No. #4 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; the PDF case caption must list all of the parties. If all of the parties do not fit, include 'et al';. 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. (jgo) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Case Designated ECF. (jgo) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to John E. Reilly and Diane Reilly a/k/a Debbie Reilly, re: #1 Complaint,. Document filed by A & J Produce Corp., Coosemans New York Inc., D'Arrigo Bros. Co. of New York, Inc., Fierman Produce Exchange, Inc., S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Valentine Produce Inc., re: #1 Complaint,. Document filed by A & J Produce Corp., Coosemans New York Inc., D'Arrigo Bros. Co. of New York, Inc., Fierman Produce Exchange, Inc., S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 3 CIVIL COVER SHEET filed..(Brown, Gregory) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by A & J Produce Corp., Coosemans New York Inc., D'Arrigo Bros. Co. of New York, Inc., Fierman Produce Exchange, Inc., S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 1 COMPLAINT against Diane Reilly, John E. Reilly, Valentine Produce Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25117712)Document filed by A & J Produce Corp., D'Arrigo Bros. Co. of New York, Inc., Coosemans New York Inc., Fierman Produce Exchange, Inc., S. Katzman Produce Inc...(Brown, Gregory) |
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