Unlimited Investments, Inc. v. US Fresh Corp. et al
| Unlimited Investments, Inc. |
| US Fresh Corp., JCJ Marketer Corp., Gonzalo Jaramillo, David A. Jaramillo, Elizabeth Jaramillo and Ralph W. Tejeda |
| 1:2022cv02832 |
| April 6, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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| Filing 27 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, with prejudice and without costs against the defendant(s) JCJ Marketer Corp., David A. Jaramillo, Elizabeth Jaramillo, Gonzalo Jaramillo, Ralph W. Tejeda, US Fresh Corp.. Document filed by Unlimited Investments, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Brown, Gregory) |
Filing 26
STIPULATION AND ORDER: Plaintiff Unlimited Investments, Inc. trading as Fresh Prime ("Fresh Prime" or "Plaintiff") and defendants US Fresh Corp. ("US Fresh"), JCJ Marketer Corp. ("JCJ"), Gonzalo Jaramillo ("G. Jaramillo") and Elizabeth Jaramillo ("E. Jaramillo") (US Fresh, JCJ, G. Jaramillo, and E. Jaramillo collectively, "Defendants") (Plaintiff and Defendants collectively, the "Parties"), by and through their respective undersigned attorneys, agree and stipulate to the following: 1. Plaintiff is a qualified trust creditor and beneficiary under the provisions of the Perishable Agricultural Commodities Act, 7 U.S.C. 499a, et seq. ("PACA"), of Defendants, jointly and severally, for a debt in the principal amount of $64,345.45 plus interest at the rate of 18% per annum through April 15, 2022 in the amount of $8,561.38, and reasonable attorneys' fees and legal expenses incurred by Plaintiff in the amount of $5,709.50, for a total debt under PACA in the amount of $78,616.33 (the "PACA Trust Debt"). 2. For full and final satisfaction of Plaintiff's claims, subject to the terms and conditions of this Stipulation and Order, Defendants shall pay to Plaintiff the full PACA Trust Debt as follows: (a) the sum of $39,308.17 shall be delivered to Plaintiff by US Fresh's bank, Wells Fargo, N.A. ("Wells Fargo"), upon delivery of a so-ordered copy of this Stipulation and Order to Wells Fargo by Plaintiff's counsel; and (b) the balance of $39,308.17 shall be paid to Plaintiff no later than May 12, 2022. 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 instructions. Plaintiff's claims against defendants David A. Jaramillo and Ralph W. Tejeda are dismissed without prejudice. Plaintiffs Motion for Preliminary Injunction (Docket No. 12) (the "Motion") is hereby withdrawn without prejudice, the hearing on the Motion is cancelled, and the Order to Show Cause Why a Preliminary Injunction Should Not Be Issued Under Fed. R. Civ. P. 65(b) (Docket No. 22), including the temporary restraining order set forth therein, is hereby dissolved. All dates and deadlines imposed by operation of the Federal Rules of Civil Procedure or prior orders of this Court are adjourned sine die. This Stipulation and Order constitutes the entire understanding of the Parties and may not be changed unless in a written agreement signed by all parties or their representatives. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 4/19/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 25 PROPOSED STIPULATION AND ORDER. Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
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Filing 24
ORDER terminating #12 Motion for Preliminary Injunction. By April 19, 2022, at 5:00 p.m., Plaintiff shall file a proposed preliminary injunction order and serve a copy of the proposed order upon Defendants by Federal Express or other nationally recognized overnight delivery service. By April 21, 2022, at 10:00 a.m., Plaintiff shall docket proof of service. SO ORDERED.. (Signed by Judge Analisa Torres on 4/18/2022) (kv) Modified on 4/18/2022 (kv).
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| Filing 23 AFFIDAVIT OF SERVICE of Order to Show Cause Why a Preliminary Injunction Should Not Be Issued Under Fed. R. Civ. P. 65(b), plaintiffs Motion for Temporary Restraining Order and Motion for Preliminary Injunction, all supporting papers, the Summonses, Complaint and Civil Cover Sheet served on all Defendants on April 6, 2022. Service was made by Federal Express. Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
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Filing 22
ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED UNDER FED. R. CIV. P. 65(b): ORDERED, that the above-named defendants show cause before this Court at Room 15D, 500 Pearl Street, Daniel Patrick Moynihan Courthouse, United States District Court for the Southern District of New York, New York, New York 10007 on April 21, 2022, at 3:00 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 US Fresh Corp. and JCJ Marketer Corp. (collectively, the "Corporate Defendants"), or their subsidiaries or related companies, except for payment to Plaintiff, until further order of this Court or until defendants pay Plaintiff the amount of $64,345.45 by bank check or wire transfer, at which time this Order is dissolved; and it is further ORDERED that in the event defendants fail to pay Plaintiff the amount of $64,345.45 by bank check or wire transfer within two business days of service of this Order, then defendants shall file with this Court, with a copy to Plaintiff's counsel, an accounting which identifies the assets and liabilities and accounts receivable reports of the Corporate Defendants signed under penalty of perjury; and that defendants shall also supply to Plaintiff's attorney, within five days of the date of this Order, any and all documents in their possession, custody or control related to the assets and liabilities of the Corporate Defendants and their related and subsidiary companies, including, but not limited to, the most recent balance sheets, profit/loss statements, accounts receivable reports, accounts payable reports, accounts paid records and income tax returns and bank statements with cancelled checks for the last 90 days; and it is furtherORDERED that bond shall be waived in view of defendants now holding $64,345.45 worth of Plaintiff's 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 recognizedovernight delivery service upon the defendants on or before April 11, 2022, shall be deemedgood and sufficient service thereof; and it is furtherORDERED that answering papers, if any shall be served by defendants so as to bereceived by Plaintiff's counsel at least 48 hours prior to the return date set forth herein. (Show Cause Hearing set for 4/21/2022 at 03:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres.) (Signed by Judge Katherine Polk Failla, Part 1 on 4/6/2022) (rro) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 21 ELECTRONIC SUMMONS ISSUED as to Ralph W. Tejeda..(pc) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Elizabeth Jaramillo..(pc) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to US Fresh Corp...(pc) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Gonzalo Jaramillo..(pc) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to David A. Jaramillo..(pc) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to JCJ Marketer Corp...(pc) |
| Filing 15 MEMORANDUM OF LAW in Support re: #12 MOTION for Preliminary Injunction ., #10 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| Filing 14 DECLARATION of Celia Guido in Support re: #12 MOTION for Preliminary Injunction ., #10 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Unlimited Investments, Inc.. (Attachments: #1 Exhibit A through F).(Brown, Gregory) |
| Filing 13 DECLARATION of Celia Guido in Support re: #12 MOTION for Preliminary Injunction ., #10 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| Filing 12 MOTION for Preliminary Injunction . Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| Filing 11 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Unlimited Investments, Inc.. Related Document Number: #10 ..(Brown, Gregory) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 10 EMERGENCY MOTION for Temporary Restraining Order . Document filed by Unlimited Investments, Inc.. (Attachments: #1 Affidavit 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.) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Ralph W. Tejeda, re: #1 Complaint,. Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Elizabeth Jaramillo, re: #1 Complaint,. Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to David A. Jaramillo, re: #1 Complaint,. Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Gonzalo Jaramillo, re: #1 Complaint,. Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to JCJ Marketer Corp., re: #1 Complaint,. Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to US Fresh Corp., re: #1 Complaint,. Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| Filing 2 CIVIL COVER SHEET filed..(Brown, Gregory) |
| Filing 1 COMPLAINT against JCJ Marketer Corp., David A. Jaramillo, Elizabeth Jaramillo, Gonzalo Jaramillo, Ralph W. Tejeda, US Fresh Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25966702)Document filed by Unlimited Investments, Inc...(Brown, Gregory) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #11 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd) |
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