S. Katzman Produce Inc. v. Abraham Produce Corp. et al
| S. Katzman Produce Inc. |
| Abraham Produce Corp. and Nam H. Lee |
| Nam Lee, Lee Nam and Abraham Lee |
| Nathel & Nathel Inc, A & J Produce Corp., Countrywide Produce Inc., Top Banana, LLC, D'Arrigo Bros. Co. of New York, Inc., C and J Brothers, Inc., Rubin Bros. Produce Corp., Coosemans New York, Inc., Fierman Produce Exchange Inc., E. Armata, Inc. and Fres Co, LLC |
| AmeriCredit Financial Services, Inc. d/b/a GM Financial and Sung Hee Kim |
| 1:2022cv10108 |
| November 29, 2022 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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| Document Text |
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| Filing 46 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AmeriCredit Financial Services, Inc. d/b/a GM Financial..(Robinson, Richard) |
| Filing 45 REQUEST FOR ISSUANCE OF SUMMONS as to Sung Hee Kim, re: #44 Intervenor Complaint. Document filed by AmeriCredit Financial Services, Inc. d/b/a GM Financial..(Robinson, Richard) |
| Filing 44 INTERVENOR COMPLAINT against Nam Lee, Sung Hee Kim, Sung Hee Kim.Document filed by AmeriCredit Financial Services, Inc. d/b/a GM Financial..(Robinson, Richard) |
| Filing 43 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nathel & Nathel Inc..(Beckerman, Ray) |
| Filing 42 DECLARATION of Charles DiMaggio re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by Fres Co, LLC. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices).(Brown, Gregory) |
| Filing 41 INTERVENOR COMPLAINT against Abraham Produce Corp., Nam H. Lee.Document filed by Fres Co, LLC..(Brown, Gregory) |
| Filing 40 DECLARATION of Paul Armata re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by E. Armata, Inc.. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices).(Brown, Gregory) |
| Filing 39 INTERVENOR COMPLAINT against Abraham Produce Corp., Nam H. Lee.Document filed by E. Armata, Inc...(Brown, Gregory) |
| Filing 38 DECLARATION of Joseph Palumbo re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by Top Banana, LLC. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices).(Brown, Gregory) |
| Filing 37 DECLARATION of Gary Allen re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by S. Katzman Produce Inc.. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices (Part 1), #4 Exhibit C - Invoices (Part 2)).(Brown, Gregory) |
| Filing 36 DECLARATION of Cary Rubin re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by Rubin Bros. Produce Corp.. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices).(Brown, Gregory) |
| Filing 35 DECLARATION of William Fierman re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by Fierman Produce Exchange Inc.. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices).(Brown, Gregory) |
| Filing 34 DECLARATION of David Bub re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by D'Arrigo Bros. Co. of New York, Inc.. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices).(Brown, Gregory) |
| Filing 33 DECLARATION of Peter Demytrk re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by Countrywide Produce Inc.. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices (Part 1), #4 Exhibit C - Invoices (Part 2), #5 Exhibit C - Invoices (Part 3), #6 Exhibit C - Invoices (Part 4)).(Brown, Gregory) |
| Filing 32 DECLARATION of Rosa Faraci re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by Coosemans New York, Inc.. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices).(Brown, Gregory) |
| Filing 31 DECLARATION of Matthew Park re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by C and J Brothers, Inc.. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices).(Brown, Gregory) |
| Filing 30 DECLARATION of Thomas J. Tramutola re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, and PACA Proof of Claim. Document filed by A & J Produce Corp.. (Attachments: #1 Exhibit A - PACA License, #2 Exhibit B - PACA Trust Chart, #3 Exhibit C - Invoices (Part 1), #4 Exhibit C - Invoices (Part 2), #5 Exhibit C - Invoices (Part 3), #6 Exhibit C - Invoices (Part 4), #7 Exhibit C - Invoices (Part 5), #8 Exhibit C - Invoices (Part 6), #9 Exhibit C - Invoices (Part 7), #10 Exhibit C - Invoices (Part 8)).(Brown, Gregory) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by A & J Produce Corp., C and J Brothers, Inc., Coosemans New York, Inc., Countrywide Produce Inc., D'Arrigo Bros. Co. of New York, Inc., Fierman Produce Exchange Inc., Rubin Bros. Produce Corp., Top Banana, LLC, E. Armata, Inc., Fres Co, LLC..(Brown, Gregory) |
| Filing 28 INTERVENOR COMPLAINT against Abraham Produce Corp., Nam H. Lee.Document filed by A & J Produce Corp., Countrywide Produce Inc., Top Banana, LLC, D'Arrigo Bros. Co. of New York, Inc., C and J Brothers, Inc., Rubin Bros. Produce Corp., Coosemans New York, Inc., Fierman Produce Exchange Inc...(Brown, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ray Beckerman. The party information for the following party/parties has been modified: Nam H. Lee. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted; party name entered incorrectly. (vf) |
| Filing 27 INTERVENOR COMPLAINT against Nam H. Lee.Document filed by Nathel & Nathel Inc. (Attachments: #1 Exhibit A -- Statements of Account).(Beckerman, Ray) |
| Filing 26 DECLARATION of Wanda Lopez, Director of Administration re: #20 Preliminary Injunction,,,,,,,,,,,,,,,,,,, Declaration and Proof of PACA Claim. Document filed by Nathel & Nathel Inc. (Attachments: #1 Exhibit Exhibit A -- Chart, #2 Exhibit Exhibit B -- Statements and Invoices for each of Nam Lee's 13 accounts, #3 Exhibit Exhibit C -- Exhibit A Chart Reordered to Conform to order of Nam Lee accounts).(Beckerman, Ray) |
| Filing 25 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - INTERVENOR COMPLAINT against Nam H. Lee.Document filed by Nathel & Nathel Inc. (Attachments: #1 Exhibit Exhibit A -- Statements of Account).(Beckerman, Ray) Modified on 12/22/2022 (vf). |
| Filing 24 CERTIFICATE OF SERVICE of Preliminary Injunction Order and Order Establishing PACA Trust Claims Procedure and Granting Related Relief (Docket No. 20) served on Santander Bank, N.A. and U.S. Bank, N.A. on December 20, 2022. Service was made by Federal Express. Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 23 CERTIFICATE OF SERVICE of Preliminary Injunction Order and Order Establishing PACA Trust Claims Procedure and Granting Related Relief (Docket No. 20) served on all Defendants on December 19, 2022. Service was made by Federal Express. Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 22 CERTIFICATE OF SERVICE of Preliminary Injunction Order and Order Establishing PACA Trust Claims Procedure and Granting Related Relief (Docket No. 20) served on creditors of Abraham Produce Corp. on December 19, 2022. Service was made by Federal Express. Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
Filing 21
MEMO ENDORSEMENT on re: #19 Status Report filed by S. Katzman Produce Inc.. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/19/2022) (kv)
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Filing 20
PRELIMINARY INJUNCTION ORDER AND ORDER ESTABLISHING PACA TRUST CLAIMS PROCEDURE AND GRANTING RELATED RELIEF: Accordingly, this 19 day of December, 2022, it is ORDERED, that Plaintiff's Motion for Preliminary Injunction and PACA Claims Procedure is granted; 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 Abraham, its subsidiaries or related companies except as authorized in this Order; IT IS FURTHER ORDERED, that within five business days of the date of this Order, Defendants shall supply to Plaintiff's counsel the following documents regarding the assets of Abraham, its 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 Abraham in the last six months (collectively, the "Books and Records"); 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 funds held on Abraham's behalf to Plaintiff's counsel, McCarron & Diess, 200 Broadhollow Road, Suite 207 Melville, New York 11747 ("Plaintiff's Counsel"), to be deposited into the PACA Trust Account as further provided herein; as further set forth herein. IT IS FURTHER ORDERED, that a PACA Claims Procedure is hereby established in this case according to the following terms and conditions: Plaintiff's Counsel shall, within ten business days of the date of this Order, open an account at any insured and nationally chartered financial institution, with such account to be opened under the account name of "Abraham PACA Trust Account" (the "PACA Trust Account"). All liquid PACA Trust Assets received by Plaintiff's Counsel, and any funds received from the sale of non-liquid PACA Trust Assets by Plaintiff's Counsel, shall be deposited exclusively into the PACA Trust Account. No distributions or withdrawals may be made from the PACA Trust Account, except as authorized in this Order, by further Order of this Court, or by agreement in writing between Plaintiff's Counsel and Defendants' counsel (collectively, "Notice Counsel"). The PACA Trust Account is not subject to execution by any other creditor of Defendants, except as is otherwise expressly provided herein. In light of the above requirements for production of documents by Defendants, the parties to this action are, pursuant to Fed. R. Civ. P. 26(a)(1)(A), hereby relieved of their obligations to comply with Fed. R. Civ. P. 26 sections (a)(1), (d) and (f). This Court shall exercise exclusive in rem jurisdiction over this action, the PACA Trust Assets, and the PACA Trust Account established pursuant to this Order. The Court also hereby retains jurisdiction to enter further Orders to enforce the terms of this PACA Claims Procedure. 43.Plaintiff's Counsel shall have no responsibility or obligation to any person or entity with respect to the PACA Trust Account, or the tasks to be performed hereunder, other than to comply in good faith with the terms of this Order and other Orders of this Court. Plaintiff's Counsel may rely upon and shall be protected in acting or refraining from acting upon any statement, certificate, notice, request, consent, order or other documents (including Defendants' Books and Records) reasonably believed to be genuine and to have been signed or presented by the proper party or parties, or their counsel. Plaintiffs Counsel shall have no duty or liability to verify any such statement, certificate, notice, request, consent, order or document. Plaintiff's Counsel shall not be liable for any mistake of fact or error or judgment or for any act done or omitted in good faith as required or permitted by this or other orders of this Court. Plaintiff's Counsel shall be under no obligation to institute or defend any action, suit or proceeding in connection with the PACA Trust Account. IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/19/2022) (kv)
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| Filing 19 STATUS REPORT. and Request to Process Third-Party Checks Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
| Minute Entry for proceedings held before Judge Vernon S. Broderick: Show Cause Hearing held on 12/9/2022. (Court Reporter Sharonda Jones) (ldi) |
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Filing 18
ORDER As stated during the hearing, it is hereby: ORDERED that the parties submit a joint letter by December 13, 2022 indicating whether Plaintiff can access the materials currently contained in Abraham's Office, the parameters of retaining those materials, including whether Defendants will have a representative present, and the status of Mr. Kim's continued representation of Defendants. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/9/2022) (jca)
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| Filing 17 NOTICE OF APPEARANCE by John C. Kim on behalf of Abraham Produce Corp., Nam H. Lee..(Kim, John) |
| Filing 16 PROPOSED ORDER. Document filed by S. Katzman Produce Inc.. Related Document Number: #7 ..(Brown, Gregory) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #16 Proposed Order was reviewed and approved as to form. (km) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint. Abraham Produce Corp. served on 11/30/2022, answer due 12/21/2022; Nam H. Lee served on 11/30/2022, answer due 12/21/2022. Service was made by Federal Express. Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
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Filing 14
ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED UNDER FED. R. CIV. P. 65(b): Upon reading and filing the annexed declarations of Gary Allen, Chief Financial Officer of plaintiff S. Katzman Produce Inc. ("Plaintiff"), Gregory Brown, counsel for Plaintiff, the exhibits annexed thereto, the certification of counsel why notice should not be required pursuant to Fed. R. Civ. P. 65(b), the memorandum of law in support, and upon all other papers and proceedings heretofore had herein, it is ORDERED, that the above-named defendants show cause before this Court via telephone using the dial in 888-363-4749 and access code 2682448, on December 9, 2022 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 defendant Abraham Produce Corp. trading as H Lee also trading as H Lee Trucking ("Abraham"), or its subsidiaries or related companies, except for payment to Plaintiff's counsel to be held in escrow for the benefit of Abraham's unpaid produce suppliers, until further order of this Court; and it is further ORDERED, that, sufficient reason having been shown therefore, pending the hearing of Plaintiff's application for a preliminary injunction and PACA claims procedure, pursuant to Fed. R.Civ. P. 65, defendants, their customers, agents, employees, officers, directors, subsidiaries, related entities, assigns, and banking institutions are temporarily enjoined and restrained from alienating, dissipating, paying over or assigning any assets of Abraham, or its subsidiaries or related companies, except for payment to Plaintiff's counsel to be held in escrow for the benefit of Abraham's unpaid produce suppliers, until further order of this Court; and it is further ORDERED that, within five days of the date of this Order, any and all documents in defendants' possession, custody or control related to the assets and liabilities of Abraham and its 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, income tax returns and bank statements with cancelled checks for the last 90 days; and it is further ORDERED that bond shall be waived in view of defendants now holding $442,350.50 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 recognized overnight delivery service upon the defendants and their attorney on or before December 2, 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 Plaintiff's counsel at least 48 hours prior to the return date set forth herein. (Service due by 12/2/2022., Telephone Conference set for 12/9/2022 at 12:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 11/30/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 13 ELECTRONIC SUMMONS ISSUED as to Nam H. Lee. (vf) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Abraham Produce Corp.. (vf) |
| Filing 11 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by S. Katzman Produce Inc.. Related Document Number: #6 ..(Brown, Gregory) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 10 MEMORANDUM OF LAW in Support re: #7 MOTION for Preliminary Injunction and PACA Claims Procedure., #6 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 9 DECLARATION of Gregory Brown in Support re: #7 MOTION for Preliminary Injunction and PACA Claims Procedure., #6 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 8 DECLARATION of Gary Allen in Support re: #7 MOTION for Preliminary Injunction and PACA Claims Procedure., #6 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by S. Katzman Produce Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Brown, Gregory) |
| Filing 7 MOTION for Preliminary Injunction and PACA Claims Procedure. Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 6 EMERGENCY MOTION for Temporary Restraining Order . Document filed by S. Katzman Produce Inc.. (Attachments: #1 Text of Proposed Order Proposed Order to Show Cause).(Brown, Gregory) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Nam H. Lee, re: #1 Complaint. Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Abraham Produce Corp. t/a H Lee a/t/a H Lee Trucking, re: #1 Complaint. Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
| Filing 2 CIVIL COVER SHEET filed..(Brown, Gregory) |
| Filing 1 COMPLAINT against Abraham Produce Corp., Nam H. Lee. (Filing Fee $ 402.00, Receipt Number ANYSDC-27012997)Document filed by S. Katzman Produce Inc...(Brown, Gregory) |
| Case Designated ECF. (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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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) |
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