D'Arrigo Bros Co. of New York, Inc. et al v. Jefe Produce LLC et al
| D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc. and Coosemans New York Inc. |
| Jefe Produce LLC doing business as Garden Farm and Jeung S. Lee |
| 1:2022cv00119 |
| January 6, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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This docket was last retrieved on February 21, 2023. A more recent docket listing may be available from PACER.
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Filing 25
MEMO ENDORSEMENT on re: #24 Status Report filed by Fierman Produce Exchange, Inc., Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc. ENDORSEMENT: The request is granted. Plaintiff shall file an additional status letter by April 18, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 2/17/2022) (jca)
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Filing 24
STATUS REPORT. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 23
ORDER granting #22 Letter Motion to Compel. The request is granted. M&T is directed to continue turning over funds deposited in Mr. Lee's account until Plaintiffs receive the sum of $291,771.50. SO ORDERED. (Signed by Judge John P. Cronan on 2/14/2022) (jca)
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Filing 22
LETTER MOTION to Compel M&T Bank to Turn Over Funds to Plaintiffs' Counsel addressed to Judge John P. Cronan from Gregory Brown dated February 9, 2022. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 21
AFFIDAVIT OF SERVICE of Preliminary Injunction Order served on Jeung S. Lee on January 20, 2022. Service was accepted by Joshua Lee. Service was made by additional mailing. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 20
AFFIDAVIT OF SERVICE of Preliminary Injunction Order served on Jefe Produce LLC d/b/a Garden Farm on January 19, 2022. Service was accepted by Jay Jeon, Managing Agent. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 19
CERTIFICATE OF SERVICE of Preliminary Injunction Order served on all Defendants on January 19, 2022. Service was made by Federal Express. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 18
PRELIMINARY INJUNCTION ORDER: ORDERED, that Plaintiffs' Motion for Preliminary Injunction is granted; and it is further ORDERED, that Defendants, their customers, agents, employees, officers, directors, subsidiaries, related entities, successors, assigns, and banking institutions, shall not alienate, dissipate, pay over or assign any assets of Jefe Produce, its successors, subsidiaries or related companies until further order of this Court or until Defendants deliver to Plaintiffs' counsel the sum of $291,771.50 by bank check or wire transfer; and it is further ORDERED, that within five business days of the date of this Order, Defendants shall supply to Plaintiffs' counsel the following documents regarding the assets of Jefe Produce, its successors, subsidiaries and related companies: (1) most recent balance sheets and profit/loss statements; (2) all accounts receivable records showing all funds collected by or on behalf of Defendants in the last sixty days in addition to all records showing accounts receivable currently outstanding, including names, addresses, amounts and other documentation such as invoices and account statements necessary for collection purposes; (3) all documents related to funds owed to Defendants on behalf of credit/debit card processors and any other electronic funds transfers due Defendants; and (4) all financial records, such as income tax returns, bank account statements, checking account registers and cash receipt records, showing transfer of funds to or from Jefe Produce in the last six months; and it is further ORDERED, that Defendants and/or any banking institutions used by Defendants shall, within two business days of service of this Order, deliver any and all PACA trust assets held on Defendants' behalf, up to $291,771.50, to counsel for Plaintiffs, McCarron & Diess, 576 Broadhollow Road, Suite 105 Melville, New York 11747, to be held by Plaintiffs' counsel pending further order of the Court; and it is further ORDERED, that any and all funds belonging to Jefe Produce, its successors, subsidiaries or related companies, in the possession of third parties, including all funds belonging to Jefe Produce, its successors, subsidiaries and related companies, on deposit at banking institutions up to $291,771.50, shall be immediately delivered to counsel for Plaintiffs, McCarron & Diess, 576 Broadhollow Road, Suite 105 Melville, New York 11747, to be held by Plaintiffs' counsel pending further order of the Court; and it is further And as set forth herein. (Signed by Judge John P. Cronan on 1/18/2022) (ama)
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Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on January 18, 2022. The Court issued a preliminary injunction on the record, and will enter a written order. Plaintiffs shall file a status letter by February 17, 2022 addressing the progress of talks with Defendants, if any, and their view on next steps in this case. (Court Reporter Sonya Moore) (mhe)
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Filing 17
PROPOSED ORDER. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc.. Related Document Number: #6 ..(Brown, Gregory) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #17 Proposed Order was reviewed and approved as to form. (km)
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Filing 16
AFFIDAVIT OF SERVICE of Summons and Complaint. Jefe Produce LLC served on 1/7/2021, answer due 1/28/2021; Jeung S. Lee served on 1/7/2021, answer due 1/28/2021. Service was made by Federal Express. Document filed by D'Arrigo Bros Co. of New York, Inc.; Coosemans New York Inc.; Fierman Produce Exchange, Inc.. (Attachments: #1 Supplement Fed Ex Mail Receipts).(Brown, Gregory)
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Filing 15
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 by appearing at a telephonic conference on January 18, 2022 at 1:00 p.m., telephone number (866) 434-5269, access code 9176261, 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 defendant Jefe Produce LLC d/b/a Garden Farm ("Jefe Produce"), or its subsidiaries or related companies, except for payment to Plaintiffs, until further order of this Court or until defendants pay Plaintiffs the amount of $291,771.50 by bank check or wire transfer, at which time this Order is dissolved; and it is further ORDERED that bond shall be waived in view of defendants now holding $291,771.50 worth of Plaintiffs assets; and it is further ORDERED that service of a copy of this order and the papers upon which it is based, together with the summons and complaint, by Federal Express or other nationally recognized overnight delivery service upon the defendants on or before January 8, 2022, shall be deemed good and sufficient service thereof; and it is further ORDERED that answering papers, if any shall be served by defendants so as to be received by Plaintiffs' counsel at least 48 hours prior to the return date set forth herein. This Order shall dissolve on January 18, 2022. (And as further set forth herein.) (Telephone Conference set for 1/18/2022 at 01:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 1/7/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Jefe Produce LLC..(pc)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to Jeung S. Lee..(pc)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Jeung S. Lee, re: #1 Complaint. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Jefe Produce LLC d/b/a Garden Farm, re: #1 Complaint. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 10
MEMORANDUM OF LAW in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order ., #6 MOTION for Preliminary Injunction . . Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 9
DECLARATION of Rosa Faraci in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order ., #6 MOTION for Preliminary Injunction .. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Brown, Gregory)
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Filing 8
DECLARATION of William Fierman in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order ., #6 MOTION for Preliminary Injunction .. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Brown, Gregory)
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Filing 7
DECLARATION of Karina Roman in Support re: #4 EMERGENCY MOTION for Temporary Restraining Order ., #6 MOTION for Preliminary Injunction .. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Part 1 of 3), #4 Exhibit C (Part 2 of 3), #5 Exhibit C (Part 3 of 3)).(Brown, Gregory)
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Filing 6
MOTION for Preliminary Injunction . Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 5
PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc.. Related Document Number: #4 ..(Brown, Gregory) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 4
EMERGENCY MOTION for Temporary Restraining Order . Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc.. (Attachments: #1 Supplement Certification of Counsel in Support of Motions for Relief Pursuant to Fed. R. Civ. P. 65 and Explaining Why Notice Should Not be Required Pursuant to Fed. R. Civ. P. 65(b), #2 Text of Proposed Order).(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 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Coosemans New York Inc., D'Arrigo Bros Co. of New York, Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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Filing 2
CIVIL COVER SHEET filed..(Brown, Gregory)
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Filing 1
COMPLAINT against Jefe Produce LLC, Jeung S. Lee. (Filing Fee $ 402.00, Receipt Number ANYSDC-25550293)Document filed by D'Arrigo Bros Co. of New York, Inc., Coosemans New York Inc., Fierman Produce Exchange, Inc...(Brown, Gregory)
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***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #5 Proposed Temporary Restraining Order, was reviewed and approved as to form. (dt)
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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..(pc)
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Magistrate Judge Robert W. Lehrburger 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. (pc)
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Case Designated ECF. (pc)
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