D'Arrigo Bros Co. of New York, Inc. v. Gramercy Produce Inc. et al
| D'Arrigo Bros Co. of New York, Inc. |
| Gramercy Produce Inc., Anthony J. Vivacqua, Jr., Salvatore V. Vivacqua and Anthony J. Vivacqua, Sr. |
| 1:2024cv04841 |
| June 26, 2024 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| Dale E Ho |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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| Document Text |
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| Filing 27 ANSWER to #1 Complaint. Document filed by Gramercy Produce Inc., Anthony J. Vivacqua, Jr, Anthony J. Vivacqua, Sr, Salvatore V. Vivacqua..(Barbieri, Guy) |
Filing 26
STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT: It is hereby stipulated by and between the attomeys for the above captioned parties that Defendants' time to respond to the complaint is extended to August 1, 2024 or such other date as ordered by the court. In consideration thereto, Defendants waive personal jurisdiction defenses. Facsimile or email signatures shall be deemed as originals for all purposes. So Ordered. The Clerk of Court is respectfully directed to close ECF No. 25., Motions terminated: #25 LETTER MOTION for Extension of Time to File Answer addressed to Judge Dale E. Ho from Guy Barbieri, Esq. dated July 16, 2024. filed by Salvatore V. Vivacqua, Gramercy Produce Inc., Anthony J. Vivacqua, Sr., Anthony J. Vivacqua, Jr.., (Signed by Judge Dale E. Ho on 7/17/2024) Gramercy Produce Inc. answer due 8/1/2024; Anthony J. Vivacqua, Jr answer due 8/1/2024; Anthony J. Vivacqua, Sr answer due 8/1/2024; Salvatore V. Vivacqua answer due 8/1/2024. (ks)
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| Filing 25 LETTER MOTION for Extension of Time to File Answer addressed to Judge Dale E. Ho from Guy Barbieri, Esq. dated July 16, 2024. Document filed by Gramercy Produce Inc., Anthony J. Vivacqua, Jr, Anthony J. Vivacqua, Sr, Salvatore V. Vivacqua. (Attachments: #1 Supplement EXECUTED STIP ON CONSENT).(Barbieri, Guy) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #24 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 24 PROPOSED ORDER. Document filed by D'Arrigo Bros Co. of New York, Inc.. Related Document Number: #10 ..(Brown, Gregory) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 23 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION for Preliminary Injunction ., #8 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by D'Arrigo Bros Co. of New York, Inc...(Brown, Gregory) |
| Filing 22 DECLARATION of Anthony J. Vivacqua, Sr. in Opposition re: #10 MOTION for Preliminary Injunction .. Document filed by Gramercy Produce Inc., Anthony J. Vivacqua, Jr, Anthony J. Vivacqua, Sr, Salvatore V. Vivacqua. (Attachments: #1 Exhibit A, #2 Exhibit B).(Barbieri, Guy) |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #10 MOTION for Preliminary Injunction . . Document filed by Gramercy Produce Inc., Anthony J. Vivacqua, Jr, Anthony J. Vivacqua, Sr, Salvatore V. Vivacqua..(Barbieri, Guy) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gramercy Produce Inc...(Barbieri, Guy) |
| Filing 19 NOTICE OF APPEARANCE by Guy Barbieri on behalf of Gramercy Produce Inc., Anthony J. Vivacqua, Jr, Anthony J. Vivacqua, Sr, Salvatore V. Vivacqua..(Barbieri, Guy) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint. Gramercy Produce Inc. served on 6/27/2024, answer due 7/18/2024; Anthony J. Vivacqua, Jr served on 6/27/2024, answer due 7/18/2024; Anthony J. Vivacqua, Sr served on 6/27/2024, answer due 7/18/2024; Salvatore V. Vivacqua served on 6/27/2024, answer due 7/18/2024. Service was made by Federal Express. Document filed by D'Arrigo Bros Co. of New York, Inc.., AFFIDAVIT OF SERVICE of Courts Order dated June 26, 2024 (Docket No. 17), together with plaintiffs Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction, all supporting papers, the Summonses, Complaint, Corporate Disclosure Statement and Civil Cover Sheet and a copy of the Individual Rules and Practices in Civil Cases of the Hon. Dale E. Ho served on Gramercy Produce Inc., Anthony J. Vivacqua, Sr., Anthony J. Vivacqua, Jr. and Salvatore V. Vivacqua on June 27, 2024. Service was made by Federal Express. Document filed by D'Arrigo Bros Co. of New York, Inc...(Brown, Gregory) |
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Filing 17
ORDER denying #8 Motion for TRO. Accordingly, the Court DENIES Plaintiff's motion for a temporary restraining order. On June 26, 2024, Plaintiff also filed a motion for preliminary injunction. See ECF No. 10. By July 12, 2024, Defendants shall file an opposition to the motion, not to exceed fifteen pages. Plaintiff shall file a reply, if any, not to exceed fifteen pages, by July 19, 2024. Plaintiff is ORDERED (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order by Federal Express or other delivery service and (2) to file proof of such notice with the Court by July 1, 2024. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Courts Individual Practices to that party personally. The Clerk of Court is respectfully directed to close ECF No. 8. SO ORDERED.. (Signed by Judge Dale E. Ho on 6/26/2024) (ks)
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| Filing 16 ELECTRONIC SUMMONS ISSUED as to Salvatore V. Vivacqua. (vf) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Anthony J. Vivacqua, Jr. (vf) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Anthony J. Vivacqua, Sr. (vf) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Gramercy Produce Inc.. (vf) |
| Filing 12 MEMORANDUM OF LAW in Support re: #10 MOTION for Preliminary Injunction ., #8 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by D'Arrigo Bros Co. of New York, Inc...(Brown, Gregory) |
| Filing 11 DECLARATION of Karina Roman in Support re: #10 MOTION for Preliminary Injunction ., #8 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by D'Arrigo Bros Co. of New York, Inc.. (Attachments: #1 Exhibit A - D'Arrigo PACA License, #2 Exhibit B - Gramercy PACA License, #3 Exhibit C (Part 1 of 3) - Account Statement and Invoices, #4 Exhibit C (Part 2 of 3) - Invoices, #5 Exhibit C (Part 3 of 3) - Invoices, #6 Exhibit D - NSF Checks).(Brown, Gregory) |
| Filing 10 MOTION for Preliminary Injunction . Document filed by D'Arrigo Bros Co. of New York, Inc...(Brown, Gregory) |
| Filing 9 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by D'Arrigo Bros Co. of New York, Inc.. Related Document Number: #8 ..(Brown, Gregory) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 8 EMERGENCY MOTION for Temporary Restraining Order . Document filed by D'Arrigo Bros Co. of New York, Inc.. (Attachments: #1 Errata Certification 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), #2 Proposed Order Proposed Order to Show Cause Why a Preliminary Injunction Should Not Be Issued Under Fed. R. Civ. P. 65).(Brown, Gregory) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Salvatore V. Vivacqua, re: #1 Complaint. Document filed by D'Arrigo Bros Co. of New York, Inc...(Brown, Gregory) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Anthony J. Vivacqua, Jr., 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 Anthony J. Vivacqua, Sr., 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 Gramercy Produce Inc., 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 Gramercy Produce Inc., Anthony J. Vivacqua, Jr, Anthony J. Vivacqua, Sr, Salvatore V. Vivacqua. (Filing Fee $ 405.00, Receipt Number ANYSDC-29532773)Document filed by D'Arrigo Bros Co. of New York, Inc...(Brown, Gregory) |
| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #9 Proposed Temporary Restraining Order was reviewed and approved as to form. (km) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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) |
| Set/Reset Deadlines: Responses due by 7/12/2024 Replies due by 7/19/2024. (ks) |
| Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. 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 Designated ECF. (vf) |
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