Endico Potatoes, Inc. v. Macme Foods 2, LLC et al
| Endico Potatoes, Inc. |
| Macme Foods 2, LLC, Adam Preston and Sterling Commercial Credit LLC |
| 7:2018cv07553 |
| August 20, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M Karas |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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This docket was last retrieved on October 18, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 PROPOSED STIPULATION AND ORDER. Document filed by Sterling Commercial Credit LLC. (Reisman, Jerome) |
Filing 28
ORDER GRANTING PRELIMINARY INJUNCTION: The motion for preliminary injunction is granted and, it is further ORDERED, that defendants, MACME FOODS 2, LLC D/B/A MAGNOLIA BEEF COMPANY and ADAM PRESTON, their agents, officers, assigns, banking institutions and attorneys and all persons in active concert and participation with them be and they hereby are: (i) restrained from violating the provisions of the Perishable Agricultural Commodities Act 7 U.S.C. 499a et seq. (hereinafter "PACA") and the regulations promulgated thereunder. (As further set forth herein.) (Signed by Judge Kenneth M. Karas on 10/10/2018) (kgo)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 10/10/2018. (Court Reporter Darby Ginsberg) Howard Rosenberg appeared for Plaintiff. Defendant did not appear. Darby Ginsberg served as court reporter. The Court discussed a preliminary injunction. See Order.(KAG) |
| Filing 27 PROPOSED ORDER. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 26 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Sterling Commercial Credit LLC served on 10/2/2018, answer due 12/3/2018. Service was accepted by W. Edwin Small. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #27 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 25 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Endico Potatoes, Inc.. (Attachments: #1 Supplement Request for Certificate, #2 Affidavit in support of request for clerk's certificate) (Kreinces, Leonard) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/4/2018 (km). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Leonard Kreinces to RE-FILE Document #25 Proposed Clerk's Certificate of Default. Please refer to ECF Rule 16.1. The request to enter default is no longer needed. Re-file the proposed clerk's certificate as one entry. There was an amended complaint and amended summons filed in the case. Proof of service of the amended summons and amended complaint on the defaulting defendant needs to be filed on the docket. Once the proof of service has been filed, you would need to re-file a proposed clerk's certificate stating service of the summons and complaint and the amended summons and amended complaint. Then file the affidavit in support as a separate entry. (Filed under other answers, affidavit in support of a non-motion). (km) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Sterling Commercial Credit LLC. (sj) |
| Filing 23 ELECTRONIC AMENDED SUMMONS ISSUED as to Macme Foods 2, LLC, Adam Preston. (sj) |
| Filing 22 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Macme Foods 2 LLC and Adam Preston, re: #17 Amended Complaint. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) Modified on 9/21/2018 (sj). |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Sterling Commercial Credit LLC, re: #17 Amended Complaint. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) |
| Filing 20 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Macme Foods 2 LLC and Adam Preston, re: #17 Amended Complaint. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Leonard Kreinces to RE-FILE Document No. #18 Request for Issuance of Summons, #19 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's attorney information not provided on PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 19 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Macme Foods 2 LLC and Adam Preston re: #17 Amended Complaint. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) Modified on 9/19/2018 (sj). |
| Filing 18 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Sterling Commerical Credit LLC, re: #17 Amended Complaint. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) Modified on 9/19/2018 (sj). |
| Filing 17 AMENDED COMPLAINT amending #14 Amended Complaint, against Macme Foods 2, LLC, Adam Preston, Sterling Commercial Credit LLC.Document filed by Endico Potatoes, Inc.. Related document: #14 Amended Complaint,.(Kreinces, Leonard) |
| Filing 16 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Macme Foods 2 LLC and Adam Preston, re: #14 Amended Complaint. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Sterling Commercial Credit LLC, re: #14 Amended Complaint. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #11 Amended Complaint against All Defendants.Document filed by Endico Potatoes, Inc.. Related document: #11 Amended Complaint. (Attachments: #1 Exhibit A - invoices)(Kreinces, Leonard) Modified on 9/18/2018 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Leonard Kreinces to RE-FILE Document No. #11 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Leonard Kreinces to RE-FILE Document No. #15 Request for Issuance of Summons, #16 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Leonard Kreinces to RE-FILE Document No. #12 Request for Issuance of Summons, #13 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Leonard Kreinces to RE-FILE Document No. #14 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Filing 13 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Macme Foods 2 LLC and Adam Preston, re: #11 Amended Complaint. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Sterling Commemrcial Credit LLC, re: #11 Amended Complaint. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint against Sterling Commercial Credit LLC.Document filed by Endico Potatoes, Inc.. Related document: #1 Complaint. (Attachments: #1 Exhibit A- invoices)(Kreinces, Leonard) Modified on 9/18/2018 (pc). |
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Filing 10
ORDER granting #9 Letter Motion to Adjourn Conference. GRANTED. The hearing is moved 10/10/18, at 3:00. SO ORDERED. (Show Cause Hearing set for 10/10/2018 at 03:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/13/2018) (jca)
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| Filing 9 LETTER MOTION to Adjourn Conference currently scheduled for 09/18/18 addressed to Judge Kenneth M. Karas from Leonard Kreinces,Esq. dated September 13, 2018. Document filed by Endico Potatoes, Inc..(Kreinces, Leonard) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. Adam Preston served on 9/5/2018, answer due 9/26/2018. Service was accepted by Eric Preston, owner of corproate co-defendant, person of suitable age and discretion. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Macme Foods 2, LLC served on 9/5/2018, answer due 9/26/2018. Service was accepted by Eric Preston, owner. Document filed by Endico Potatoes, Inc.. (Kreinces, Leonard) |
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Filing 6
ORDER granting #5 Letter Motion to Adjourn Conference. Granted. The preliminary injunction hearing is moved to 9/18/18 at 3:00pm. SO ORDERED. Show Cause Hearing set for 9/18/2018 at 03:00 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 8/25/2018) (mml)
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| Filing 5 CONSENT LETTER MOTION to Adjourn Conference on Plainitff's motion for a preliminary injunction addressed to Judge Kenneth M. Karas from Leonard Kreinces, Esq., attorney for plaintiff dated 08/28/2018. Document filed by Endico Potatoes, Inc..(Kreinces, Leonard) |
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Filing 4
ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER: Defendants, MACME FOODS 2, LLC d/b/a MAGNOLIA BEEF COMPANY and ADAM PRESTON shall show cause as to why a preliminary injunction pursuant to Rule 65(a) of the Federal Rules of Civil Procedure should not issue enforcing the statutory trust under Section 5(c) of the Perishable Agricultural Commodities Act, 7 U.S.C. 499e(c)(4), by enjoining the defendants, their agents, officers, assigns, banking institutions, lenders, factors, attorneys, and all other persons in active concert and participation with them from using PACA trust assets in their ordinary course of business, or otherwise dissipating trust assets, or making payment of any trust asset to any creditor, person or entity until further order of this Court or until the defendant pays $83,587.20, plus interest, costs, and attorneys fees to the plaintiff, as further set forth in this Order. ORDERED, that the plaintiff shall not be required to post a bond hereunder and it is further ORDERED, that opposing papers shall be served so as to be received by plaintiffs counsel, and courtesy copies received by the Court, by noon on 8/24/2018. This Temporary Restraining Order is entered 8/20/2018. A hearing on plaintiff's motion for a preliminary injunction is scheduled for 8/29/2018 at 4:30pm. Plaintiff's reply papers shall be served as to be received by Defendants, and courtesy copies received by the Court on, by noon on August 27, 2018. Show Cause Hearing set for 8/29/2018 at 04:30 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 8/20/2018) (mml)
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| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Endico Potatoes, Inc..(sj) |
| Filing 2 CIVIL COVER SHEET filed. (sj) |
| Filing 1 COMPLAINT against Macme Foods 2, LLC, Adam Preston. (Filing Fee $ 400.00, Receipt Number 465407016245)Document filed by Endico Potatoes, Inc..(sj) |
| Case Designated ECF. (sj) |
| SUMMONS ISSUED as to Macme Foods 2, LLC, Adam Preston. (sj) |
| Magistrate Judge Judith C. McCarthy 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: #http://nysd.uscourts.gov/forms.php. (sj) |
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