C&B Farms, Inc. v. Herbguy, Inc. et al
| C&B Farms, Inc. |
| Herbguy, Inc. and John Alva |
| 7:2018cv09442 |
| October 16, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Agriculture Acts |
| 07 U.S.C. ยง 499 |
| None |
Docket Report
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Filing 11
STIPULATION AND ORDER OF DISMISSAL: Plaintiff is a qualified trust creditor and beneficiary under the provisions of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. 499a, et seq., of Defendants, jointly and severally, for a debt in the principal amount of $213,138.80, plus reasonable attorneys' fees and legal expenses incurred by Plaintiff in the amount of $8,500.00, plus interest at the rate of 18% per annum from the date each invoice became past due through October 19, 2018. (the "PACA Trust Debt"). 2. For full and final satisfaction of Plaintiff's claims, and subject to the tem1s and conditions of this Stipulation and Order and Defendants provision of satisfactory collateral as further described herein, Defendants shall pay to Plaintiff the total amount of $135,000.00 (the "Settlement Amount"), as follows: a payment of $100,000.00 on or by Monday, October 29, 2018, and a payment of $35,000.00 on or by Friday, November 16, 2018. All payments shall be made by wire to the McCarron & Diess Trust Account and are due on or by 5:00 on the due date, TIME BEING OF THE ESSENCE. The 10/25/2018 hearing and all other scheduled Court appearances are cancelled. Any pending motions are moot. Clerk shall (i) terminate the motion (Docs. #4, 5) and (ii) close the case. Motions terminated: #5 MOTION for Preliminary Injunction filed by C&B Farms, Inc., #4 MOTION for Temporary Restraining Order filed by C&B Farms, Inc. (Signed by Judge Vincent L. Briccetti on 10/23/2018) (mml)
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| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by C&B Farms, Inc.. (Brown, Gregory) |
| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Show Cause Hearing held on 10/16/2018. (Court Reporter Christina Arends-Dieck)No appearance by the Defendants. Hearing scheduled for 10-25-18 at 2:15 p.m. (dh) |
| Filing 9 CERTIFICATE OF SERVICE of Summons and Complaint. John Alva served on 10/16/2018, answer due 11/6/2018; Herbguy, Inc. served on 10/16/2018, answer due 11/6/2018. Service was made by Federal Express. Document filed by C&B Farms, Inc.. (Brown, Gregory) |
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Filing 8
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 declaration of Charles W. Obern, President of plaintiff C&B Farms, Inc. ("Plaintiff") executed on October 11, 2018, and 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 at Room 620, United States District Court for the Southern District of New York, 300 Quarropas Street, White Plains, New York 10601-4150 on October 25, 2018, at 2:15 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 Herbguy, Inc. d/b/a Rockhedge Herb Farm ("Rockhedge") or its subsidiaries or related companies, except for payment to Plaintiff, until further order of this Court or until Defendants pay Plaintiff the amount of $231,221.05 by bank check or wire transfer, at which time this Order is dissolved; as further set forth herein. ORDERED that bond shall be waived in view of Defendants now holding $231,221.05 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 on or before October 17, 2018, 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 counsel for Plaintiff at least 48 hours prior to the return date set forth herein. Show Cause Hearing set for 10/25/2018 at 02:15 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 10/16/2018) (mro)
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| Filing 7 MEMORANDUM OF LAW in Support re: #5 MOTION for Preliminary Injunction ., #4 MOTION for Temporary Restraining Order . . Document filed by C&B Farms, Inc.. (Brown, Gregory) |
| Filing 6 DECLARATION of Charles W. Obern in Support re: #5 MOTION for Preliminary Injunction ., #4 MOTION for Temporary Restraining Order .. Document filed by C&B Farms, Inc.. (Attachments: #1 Exhibit A through C)(Brown, Gregory) |
| Filing 5 MOTION for Preliminary Injunction . Document filed by C&B Farms, Inc..(Brown, Gregory) |
| Filing 4 MOTION for Temporary Restraining Order . Document filed by C&B Farms, Inc.. (Attachments: #1 Supplement Attorney Certification, #2 Text of Proposed Order)(Brown, Gregory) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by C&B Farms, Inc..(Brown, Gregory) |
| Filing 2 CIVIL COVER SHEET filed. (dnh) |
| Filing 1 COMPLAINT against John Alva, Herbguy, Inc.. (Filing Fee $ 400.00, Receipt Number 465407016452)Document filed by C&B Farms, Inc..(dnh) |
| 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. (dnh) |
| SUMMONS ISSUED as to Herbguy, Inc.. (dnh) |
| SUMMONS ISSUED as to John Alva. (dnh) |
| Case Designated ECF. (dnh) |
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