D'Arrigo Bros. Co. of New York, Inc., v. Abdallah Holdings Inc. et al
| D'Arrigo Bros. Co. of New York, Inc., |
| Abdallah Holdings Inc., Oakland Food Store Inc. doing business as Oakland Farmers Market, Waldwick Food Store Inc. doing business as Giant Farmers Market and Joseph Abdallah |
| 1:2023cv08560 |
| September 28, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
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Filing 22
STIPULATION AND ORDER: Defendants appear in this action, admit service of the summonses and complaint, and consent to the jurisdiction of the Court for all purposes. 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 $165,196.00 plus interest at the rate of 18% per annum through September 29, 2023 in the amount of $9,952.77, and reasonable attorneys' fees and legal expenses incurred by Plaintiff in the amount of $5,964.60, for a total debt under PACA in the amount of $181,213.37 (the "PACA Trust Debt"). 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 amount of the PACA Trust Debt, in weekly installments of $10,000.00 each (the "Installment Payments") commencing on October 11, 2023 and continuing each successive Wednesday until the PACA Trust Debt is paid in full with a final payment of $1,213.37, representing full payment of the PACA Trust Debt. All payments to be made under this Stipulation and Order shall be paid so as to bereceived by Plaintiff at its offices located at 315 NYC Terminal Market, Bronx, New York 10474, 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, ACH or bank check according to separately provided payment instructions. as set forth herein. The Parties' agreement to the payments set forth in Paragraph 3 above is without prejudice to Plaintiff's standing as a qualified PACA trust creditor and beneficiary as set forth in Paragraph 2 above and nothing herein shall be deemed a waiver of those rights as contemplatedby 7 C.F.R. 46.46(c)(2) and 7 C.F.R. 46.46(e)(3). 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 andconditions 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. This Court's Order to Show Cause Why a Preliminary Injunciton Should Not BeIssued Under Fed. R. Civ. P. 65(b) (Docket No. 18), and the temporary restraining order contained therein, is hereby dissolved, Plaintiff's motions for injunctive relief are hereby deemed withdrawn and the hearing scheduled for October 17, 2023 is hereby cancelled. SO ORDERED., Motions terminated: #9 MOTION for Preliminary Injunction filed by D'Arrigo Bros. Co. of New York, Inc. (Signed by Judge Jennifer H. Rearden on 10/05/2023) (ama)
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| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
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Filing 20
ORDER: On October 3, 2023, the Court issued an Order granting Plaintiff's application for a temporary restraining order and requiring Defendants to show cause why a preliminary injunction should not issue. ECF No. 18. Pursuant to the October 3 Order, the show cause proceeding will take place on October 17, 2023 at 11:30 a.m. Id. at 1. In view of the foregoing, the conference on Plaintiff's emergency applications scheduled for October 4, 2023, see ECF No. 15, is canceled. By October 4, 2023, Plaintiff shall serve on Defendants a copy of this Order. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 10/3/2023)
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| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint. Joseph Abdallah served on 10/3/2023, answer due 10/24/2023; Abdallah Holdings Inc. served on 10/3/2023, answer due 10/24/2023; Oakland Food Store Inc. served on 10/3/2023, answer due 10/24/2023; Waldwick Food Store Inc. served on 10/3/2023, answer due 10/24/2023. Service was made by Federal Express. Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
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Filing 18
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 at a telephonic conference on October 17, 2023 at 11:30 a.m.accessible by dialing 646-453-4442 and entering access code 256 734 957 followed by the pound (#) signwhy 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 Abdallah Holdings Inc., Oakland Food Store Inc. doing business as Oakland Farmers Market, Waldwick Food Store Inc. doing business as Giant Farmers Market, or their subsidiaries or related companies (collectively, the "Corporate Defendants"), except for payment to Plaintiff, until further order of this Court or until defendants pay Plaintiff the principal amount of $165,296.00, plus accrued interest and attorneys' fees, by bank check or wire transfer, at which time this Order is dissolved. ORDERED that answering papers, if any shall be filed by defendants so as to be received by Plaintiff's counsel and the Court by October 13, 2023 at 4:00 p.m. and as set forth herein. The Clerk of Court is directed to vacate the Order entered at ECF No. 15. Telephonic Show Cause Hearing set for 10/17/2023 at 11:30 AM before Judge Jennifer H. Rearden. Show Cause Response due by 10/13/2023. (Signed by Judge Jennifer H. Rearden on 10/03/2023) (ama)
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| Filing 17 AFFIDAVIT OF SERVICE of Order (Docket No. 15), together with plaintiff's Motion for Temporary Restraining Order and Motion for Preliminary Injunction, all supporting papers, the Summonses, Complaint, Corporate Disclosure Statement and Civil Cover Sheet served on all Defendants on September 29, 2023. Service was made by Federal Express. Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
| Filing 16 AFFIDAVIT OF SERVICE of Order (Docket No. 15), together with plaintiffs Motion for Temporary Restraining Order and Motion for Preliminary Injunction, all supporting papers, the Summonses, Complaint, Corporate Disclosure Statement and Civil Cover Sheet served on all Defendants on September 29, 2023. Service was made by Email and Text Message. Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
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Filing 15
Vacated as per Judge's Order dated 10/03/2023, Doc. # 18 ORDER: For these reasons, the Court orders Plaintiff to serve the Defendants with (by e-mail and other appropriate means): the complaint; the papers related to the motion for a temporary restraining order and preliminary injunction; and this Order by September 29, 2023. Defendants are ordered to appear and respond by Tuesday, October 3, 2023. Both parties should appear for a telephonic hearing on Wednesday, October 4, 2023, at 10 AM. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 966 566 316, followed by the pound (#) sign. Of course, if significant circumstances that have come to light after the filing of the present motion provide further grounds for ex parte relief, Plaintiff may renew its request. SO ORDERED. ( Responses due by 10/3/2023, Service due by 9/29/2023., Telephone Conference set for 10/4/2023 at 10:00 AM before Judge Arun Subramanian.) (Signed by Judge Arun Subramanian on 9/28/2023) (vfr) Modified on 10/3/2023 (ama).
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to Joseph Abdallah, Abdallah Holdings Inc...(pc) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Oakland Food Store Inc...(pc) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Waldwick Food Store Inc...(pc) |
| Filing 11 MEMORANDUM OF LAW in Support re: #7 EMERGENCY MOTION for Temporary Restraining Order ., #9 MOTION for Preliminary Injunction . . Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
| Filing 10 DECLARATION of Karina Roman in Support re: #9 MOTION for Preliminary Injunction ., #7 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by D'Arrigo Bros. Co. of New York, Inc.,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Brown, Gregory) |
| Filing 9 MOTION for Preliminary Injunction . Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
| Filing 8 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by D'Arrigo Bros. Co. of New York, Inc.,. Related Document Number: #7 ..(Brown, Gregory) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 7 EMERGENCY MOTION for Temporary Restraining Order . Document filed by D'Arrigo Bros. Co. of New York, Inc.,. (Attachments: #1 Supplement Certifiation of Counsel In Support of Emergency 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)).(Brown, Gregory) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Waldwick Food Store Inc. d/b/a Giant Farmers Market, re: #1 Complaint. Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Oakland Food Store d/b/a Oakland Farmers Market, re: #1 Complaint. Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Abdallah Holdings Inc. and Joseph Abdallah, re: #1 Complaint. Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
| Filing 2 CIVIL COVER SHEET filed..(Brown, Gregory) |
| Filing 1 COMPLAINT against Joseph Abdallah, Abdallah Holdings Inc., Oakland Food Store Inc., Waldwick Food Store Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28353276)Document filed by D'Arrigo Bros. Co. of New York, Inc.,..(Brown, Gregory) |
| Magistrate Judge Sarah L. Cave 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #7 Emergency Motion for Temporary Restraining order; #8 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd) |
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