L&M Companies, Inc. et al v. Unique Food Company, Inc. et al
L&M Companies, Inc. and Palumbo Foods, LLC |
Gina D. Bissette, Bissette Brothers, LLC, Louis J. Deangelis, Unique Food Company, Inc., Beverly A. Deangelis and Louis J. Deangelis, Jr. |
Ford's Produce Company, Select Funding, LLC, C.H. Robinson Worldwide, Inc., Patterson Repack, Inc., Lipman-Texas, LLC, Nature's Way Farms, Inc., The Thomas Colace Company, Inc., D&T Brokerage, Inc., R.S. Hanline & Co., Inc., General Produce, LLC, Nickey Gregory Company, LLC and JH Honeycutt & Sons, Inc. |
Christopher J Waivers and John C. Bircher, III |
5:2019cv00027 |
January 28, 2019 |
US District Court for the Eastern District of North Carolina |
James C Dever |
Agriculture Acts |
07 U.S.C. § 499 |
Plaintiff |
Docket Report
This docket was last retrieved on July 14, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 92 MOTION for Refund of Fees Paid Electronically filed by Select Funding, LLC. (Attachments: #1 Text of Proposed Order) (Saintsing, Byron) |
Motion Submitted to District Judge James C. Dever III regarding #92 MOTION for Refund of Fees Paid Electronically. (Sellers, N.) |
Filing 91 Intervenor COMPLAINT against Unique Food Company, Inc., Louis J. Deanglis, and Beverly A. Deangelis, filed by Select Funding, LLC. (Attachments: #1 Exhibit A - October 2018 Merchant Agreement, #2 Exhibit B - October 2018 Security Agreement, #3 Exhibit C - November 2018 Merchant Agreement, #4 Exhibit D - November 2018 Security Agreement, #5 Exhibit E - UCC-1 Financing Statement) (Saintsing, Byron) |
Filing 90 Notice of Appearance filed by Byron L. Saintsing on behalf of Select Funding, LLC. (Saintsing, Byron) |
Filing 89 Declaration of PACA Proof of Claim by L&M Companies, Inc. (Goldman, Robert) |
Filing 88 Financial Disclosure Statement by Ford's Produce Company (Davies, Joseph) |
Filing 87 Financial Disclosure Statement by Patterson Repack, Inc. (Davies, Joseph) |
Filing 86 Intervenor COMPLAINT , filed by Patterson Repack, Inc., Ford's Produce Company. (Attachments: #1 Affidavit Patterson Repack, Inc. Declaration and Proof of Claim, #2 Affidavit Ford's Produce Company Declaration and Proof of Claim) (Davies, Joseph) |
Filing 85 Declaration of PACA Proof of Claim by Palumbo Foods, LLC (Goldman, Robert) |
Filing 84 Declaration of PACA Proof of Claim by R.S. Hanline & Co., Inc. (Goldman, Robert) |
Filing 83 Intervenor COMPLAINT , filed by R.S. Hanline & Co., Inc.. (Goldman, Robert) |
Filing 82 Declaration regarding #63 Preliminary Injunction, #65 Intervenor Complaint, PACA Proof of Claim by JH Honeycutt & Sons, Inc. (Attachments: #1 Exhibit A - PACA Trust Chart, #2 Exhibit B - PACA License Info, #3 Exhibit C - Unique's PACA License Information, #4 Exhibit D - Statement & Invoices) (Ellis, Kate) |
Filing 81 Declaration regarding #63 Preliminary Injunction, #65 Intervenor Complaint, PACA Proof of Claim by Lipman-Texas, LLC (Attachments: #1 Exhibit A - PACA Trust Chart, #2 Exhibit B - PACA License Info, #3 Exhibit C - Unique's PACA License Information, #4 Exhibit D - Statement & Invoices) (Ellis, Kate) |
Filing 80 Declaration regarding #63 Preliminary Injunction, #65 Intervenor Complaint, PACA Proof of Claim by Nature's Way Farms, Inc. (Attachments: #1 Exhibit A - PACA Trust Chart, #2 Exhibit B - PACA License Info, #3 Exhibit C - Unique's PACA License Information, #4 Exhibit D - Statement & Invoices) (Ellis, Kate) |
Filing 79 Declaration regarding #63 Preliminary Injunction, #65 Intervenor Complaint, PACA Proof of Claim by Nickey Gregory Company, LLC (Attachments: #1 Exhibit A - PACA Trust Chart, #2 Exhibit B - PACA License Info, #3 Exhibit C - Unique's PACA License Information, #4 Exhibit D - Statement & Invoices) (Ellis, Kate) |
Filing 78 Declaration regarding #63 Preliminary Injunction, #65 Intervenor Complaint, PACA Proof of Claim by The Thomas Colace Company, Inc. (Attachments: #1 Exhibit A - PACA Trust Chart, #2 Exhibit B - Claimant's PACA License Info, #3 Exhibit C - Unique's PACA License Info, #4 Exhibit D - Statement & Invoices) (Ellis, Kate) |
Filing 77 Notice filed by L&M Companies, Inc. of Release of Notice of Pending Suit. (Goldman, Robert) |
Filing 76 Certificate of Service filed by John C. Bircher, III Proof of Service of Mailing of Consent Injunction on Creditors. (Bircher, John) |
Filing 75 Certificate of Service filed by D&T Brokerage, Inc. regarding #74 Declaration (PACA Proof of Claim). (Akerly, Bruce) |
Filing 74 Declaration regarding #63 Preliminary Injunction, #24 Intervenor Complaint (PACA Proof of Claim) by D&T Brokerage, Inc. (Attachments: #1 PACA Trust Chart, #2 Statement & Invoices) (Akerly, Bruce) |
Filing 73 Declaration regarding #63 Preliminary Injunction, #66 Intervenor Complaint --PACA Proof of Claim by General Produce, LLC (Amendola, Mark) |
Filing 72 Declaration regarding #63 Preliminary Injunction, #64 Intervenor Complaint --PACA Proof of Claim by C.H. Robinson Worldwide, Inc. (Attachments: #1 Exhibit Spreadsheet to accrue interest, #2 Exhibit Statement of Account + Unpaid Invoices Part 1, #3 Exhibit Unpaid Invoices Part 2, #4 Exhibit PACA License, #5 Exhibit Fees and Costs Summary) (Amendola, Mark) |
Filing 71 Notice of Appearance filed by Christopher John Waivers on behalf of Christopher J Waivers. (Waivers, Christopher) |
Filing 70 Notice of Appearance filed by John C. Bircher, III on behalf of John C. Bircher, III. (Bircher, John) |
Filing 69 Notice of Appearance filed by John C. Bircher, III on behalf of John C. Bircher, III. (Bircher, John) |
Notice to Counsel regarding: #70 Notice of Appearance. Each attorney must file his or her own notice of appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. (Sellers, N.) |
Filing 68 Notice of Special Appearance for non-district by Mark A. Amendola on behalf of General Produce, LLC. (Amendola, Mark) |
Filing 67 Financial Disclosure Statement by General Produce, LLC (Amendola, Mark) |
Filing 66 Intervenor COMPLAINT Against All Defendants, filed by General Produce, LLC. (Attachments: #1 Exhibit Statement of Account and Unpaid Invoices) (Amendola, Mark) |
Filing 65 Intervenor COMPLAINT , filed by JH Honeycutt & Sons, Inc., Lipman-Texas, LLC, Nickey Gregory Company, LLC, The Thomas Colace Company, Inc., Nature's Way Farms, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Ellis, Kate) |
Filing 64 Intervenor COMPLAINT , filed by C.H. Robinson Worldwide, Inc.. (Attachments: #1 Exhibit Statement of Account) (Amendola, Mark) |
Filing 63 CONSENT INJUNCTION AND PACA CLAIMS PROCEDURE ORDER - Signed by District Judge James C. Dever III on 2/19/2019. (Sellers, N.) |
Filing 62 Minute Entry for proceedings held before District Judge James C. Dever III in Raleigh: Status Hearing held on 2/19/2019. Counsel for all parties present by telephone. Court addresses #58 Consent MOTION for Preliminary Injunction filed by L&M Companies, Inc., Palumbo Foods, LLC. All parties consent to the proposed injunction order. Written order to follow. (Court Reporter Wanda Constantino) (Sellers, N.) |
Filing 61 Notice of Lis Pendens filed by L&M Companies, Inc., Palumbo Foods, LLC. (Goldman, Robert) |
Filing 60 ORDER granting #57 Motion to Intervene. Signed by District Judge James C. Dever III on 2/18/2019. (Hayes, Lyndsay) |
Filing 59 Memorandum in Support regarding #57 MOTION to Intervene filed by JH Honeycutt & Sons, Inc., Lipman-Texas, LLC, Nature's Way Farms, Inc., Nickey Gregory Company, LLC, The Thomas Colace Company, Inc.. (Mize, Leslie) |
Filing 58 Consent MOTION for Preliminary Injunction filed by L&M Companies, Inc., Palumbo Foods, LLC. (Goldman, Robert) |
Filing 57 MOTION to Intervene filed by JH Honeycutt & Sons, Inc., Lipman-Texas, LLC, Nature's Way Farms, Inc., Nickey Gregory Company, LLC, The Thomas Colace Company, Inc.. (Attachments: #1 Exhibit A-Complaint in Intervention, #2 Text of Proposed Order) (Mize, Leslie) |
Filing 56 Financial Disclosure Statement by Gina D. Bissette, Bissette Brothers, LLC, Beverly A. Deangelis, Louis J. Deangelis, Jr, Louis J. Deangelis, Unique Food Company, Inc. (Darer, Brian) |
Filing 55 Financial Disclosure Statement by Gina D. Bissette, Bissette Brothers, LLC, Beverly A. Deangelis, Louis J. Deangelis, Jr, Louis J. Deangelis, Unique Food Company, Inc. (Darer, Brian) |
Filing 54 RESPONSE to Motion regarding #10 MOTION for Preliminary Injunction filed by Gina D. Bissette, Bissette Brothers, LLC, Beverly A. Deangelis, Louis J. Deangelis, Jr, Louis J. Deangelis, Unique Food Company, Inc.. (Darer, Brian) |
Filing 53 ORDER granting #52 MOTION to Convert Preliminary Injunction Hearing to a Status Conference, and to Permit All Counsel to Appear Telephonically. Signed by District Judge James C. Dever III on 2/15/2019. (Sellers, N.) |
Filing 52 Consent MOTION to Convert Preliminary Injunction Hearing to a Status Conference, and to Permit All Counsel to Appear Telephonically filed by L&M Companies, Inc., Palumbo Foods, LLC. (Attachments: #1 Text of Proposed Order) (Goldman, Robert) |
Filing 51 Notice of Appearance filed by Catherine G. Clodfelter on behalf of All Defendants. (Clodfelter, Catherine) |
Filing 50 ORDER granting #32 Motion for Joinder. Signed by District Judge James C. Dever III on 2/15/2019. (Sellers, N.) |
Filing 49 ORDER granting #47 Motion for Leave to Appear Telephonically at Hearing on February 19, 2019 at 8:30 am. Signed by District Judge James C. Dever III on 2/15/2019. (Sellers, N.) |
Filing 48 Proposed Order regarding #32 Amended MOTION for Joinder in Motion for Temporary Restraining Order and Motion for Preliminary Injunction Without Notice Pursuant to Rule 65, Fed. R. Civ. P. by D&T Brokerage, Inc.. (Akerly, Bruce) |
Filing 47 MOTION for Leave to Appear Telephonically at Hearing on February 19, 2019 at 8:30 am regarding #10 MOTION for Preliminary Injunction , #22 Temporary Restraining Order filed by JH Honeycutt & Sons, Inc., Lipman-Texas, LLC, Nature's Way Farms, Inc., Nickey Gregory Company, LLC, The Thomas Colace Company, Inc.. (Attachments: #1 Text of Proposed Order) (Ellis, Kate) |
Filing 46 Notice of Special Appearance for non-district by Kate Ellis on behalf of JH Honeycutt & Sons, Inc., Lipman-Texas, LLC, Nature's Way Farms, Inc., Nickey Gregory Company, LLC, The Thomas Colace Company, Inc.. (Ellis, Kate) |
Filing 45 Financial Disclosure Statement by JH Honeycutt & Sons, Inc. (Mize, Leslie) |
Filing 44 Financial Disclosure Statement by The Thomas Colace Company, Inc. identifying Corporate Parent LFC Enterprises, LLC, Corporate Parent Better Fruits & Vegetables, LLC for The Thomas Colace Company, Inc.. (Mize, Leslie) |
Filing 43 Financial Disclosure Statement by Nickey Gregory Company, LLC (Mize, Leslie) |
Filing 42 Financial Disclosure Statement by Nature's Way Farms, Inc. (Mize, Leslie) |
Filing 41 Financial Disclosure Statement by Lipman-Texas, LLC identifying Corporate Parent LFC Enterprises, LLC, Corporate Parent Custom Pak, Inc. for Lipman-Texas, LLC. (Mize, Leslie) |
Filing 40 Notice of Appearance filed by Leslie Lane Mize on behalf of Lipman-Texas, LLC, Nature's Way Farms, Inc., Nickey Gregory Company, LLC, The Thomas Colace Company, Inc., JH Honeycutt & Sons, Inc.. (Mize, Leslie) |
Filing 39 Notice of Appearance filed by Brian David Darer on behalf of All Defendants. (Darer, Brian) |
Filing 38 Affidavit of Service for Complaint and Summons Unique Food Company, Inc. filed by D&T Brokerage, Inc. served on Brian Darer of Parker Poe on February 13, 2019. (Akerly, Bruce) |
Filing 37 Affidavit of Service for Complaint and Summons Louis J. Deangelis filed by D&T Brokerage, Inc. served on Brian Darer of Parker Poe on February 13, 2019. (Akerly, Bruce) |
Filing 36 Affidavit of Service for Complaint and Summons Louis J. Deangelis, Jr. filed by D&T Brokerage, Inc. served on Brian Darer of Parker Poe on February 13, 2019. (Akerly, Bruce) |
Filing 35 Affidavit of Service for Complaint and Summons Gina D. Bissette filed by D&T Brokerage, Inc. served on Brian Darer of Parker Poe on February 13, 2019. (Akerly, Bruce) |
Filing 34 Affidavit of Service for Complaint and Summons Bissette Brothers, LLC filed by D&T Brokerage, Inc. served on Brian Darer of Parker Poe on February 13, 2019. (Akerly, Bruce) |
Filing 33 Affidavit of Service for Complaint and Summons to Beverly Deangelis filed by D&T Brokerage, Inc. served on Brian Darer of Parker Poe on February 13, 2019. (Akerly, Bruce) |
Filing 32 Amended MOTION for Joinder filed by D&T Brokerage, Inc.. (Attachments: #1 Declaration of Homer Forsythe) (Akerly, Bruce) |
Filing 31 ORDER granting #30 Motion for Leave to Appear Telephonically at the Hearing on the Motion for Preliminary Injunction before the Honorable James C. Dever III on February 19, 2019 at 8:30 a.m. EST. Signed by District Judge James C. Dever III on 2/13/2019. (Sellers, N.) |
Filing 30 MOTION for Leave to Appear Telephonically filed by D&T Brokerage, Inc.. (Attachments: #1 Text of Proposed Order) (Akerly, Bruce) |
Filing 29 Summonses Issued as to Gina D. Bissette, Bissette Brothers, LLC, Beverly A. Deangelis, Louis J. Deangelis, Jr, Louis J. Deangelis, Unique Food Company, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Sellers, N.) |
Motion Submitted to District Judge James C. Dever III regarding #30 MOTION for Leave to Appear Telephonically, #26 MOTION for Joinder In Original Plaintiffs' Motion For Preliminary Injunctive Relief. (Sellers, N.) |
Filing 28 Notice filed by D&T Brokerage, Inc. regarding #24 Intervenor Complaint . (Attachments: #1 Proposed Summons Beverly A. Deangelis, #2 Proposed Summons Bissette Brothers, LLC, #3 Proposed Summons Gina Bissette, #4 Proposed Summons Louis Deangelis, Jr, #5 Proposed Summons Louis Deangelis, #6 Proposed Summons Unique Food Company) (Dalton, Luke) |
Filing 27 Notice of Appearance filed by Luke A. Dalton on behalf of D&T Brokerage, Inc.. (Dalton, Luke) |
Filing 26 MOTION for Joinder In Original Plaintiffs' Motion For Preliminary Injunctive Relief filed by C.H. Robinson Worldwide, Inc.. (Attachments: #1 Affidavit -Declaration In Support) (Amendola, Mark) |
Filing 25 Notice of Special Appearance for non-district by Mark A. Amendola on behalf of C.H. Robinson Worldwide, Inc.. (Amendola, Mark) |
Filing 24 Intervenor COMPLAINT , filed by D&T Brokerage, Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Akerly, Bruce) |
Motion Submitted to District Judge James C. Dever III regarding #17 MOTION to Intervene, #16 MOTION for Joinder In Motion For Temporary Restraining Order Without Notice Pursuant to Rule 65, Fed.R.Civ.P, #21 Emergency MOTION for Hearing on Motion for TRO. (Sellers, N.) |
Filing 23 ORDER granting #14 Motion to Intervene filed by D&T Brokerage, Inc. Signed by District Judge James C. Dever III on 2/8/2019. (Sellers, N.) |
Filing 22 TEMPORARY RESTRAINING ORDER - Counsel should read the order in its entirety for critical deadlines and information. Signed by District Judge James C. Dever III on 2/8/2019. (Sellers, N.) |
Filing 21 Emergency MOTION for Hearing on Motion for TRO filed by L&M Companies, Inc., Palumbo Foods, LLC. (Goldman, Robert) |
Filing 20 Notice of Appearance filed by Timothy Nerhood on behalf of C.H. Robinson Worldwide, Inc.. (Nerhood, Timothy) |
Filing 19 Financial Disclosure Statement by C.H. Robinson Worldwide, Inc. (Nerhood, Timothy) |
Filing 18 Memorandum in Support regarding #17 MOTION to Intervene by C.H. Robinson Worldwide, Inc.. (Attachments: #1 Statement of Account, #2 Representative Unpaid Invoice, #3 Intervention Complaint) (Nerhood, Timothy) |
Filing 17 MOTION to Intervene filed by C.H. Robinson Worldwide, Inc.. (Attachments: #1 Proposed Order) (Nerhood, Timothy) |
Set Hearing as to #10 MOTION for Preliminary Injunction. Motion Hearing set for 2/19/2019 at 08:30 AM in Raleigh - 7th Floor - Courtroom 1 before District Judge James C. Dever III. (Sellers, N.) |
Notice to Counsel regarding: #13 Notice of Special Appearance. Local counsel must also file a Notice of Appearance pursuant to Local Civil Rule 5.2. (Sellers, N.) |
Filing 16 MOTION for Joinder In Motion For Temporary Restraining Order Without Notice Pursuant to Rule 65, Fed.R.Civ.P filed by D&T Brokerage, Inc.. (Akerly, Bruce) |
Filing 15 Financial Disclosure Statement by D&T Brokerage, Inc. (Akerly, Bruce) |
Filing 14 MOTION to Intervene (Unopposed) filed by D&T Brokerage, Inc.. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Akerly, Bruce) |
Filing 13 Notice of Special Appearance for non-district by Bruce William Akerly on behalf of D&T Brokerage, Inc.. (Akerly, Bruce) |
Motion Submitted to District Judge James C. Dever III regarding #8 MOTION for Temporary Restraining Order. (Sellers, N.) |
Filing 12 Notice of Special Appearance for non-district by Robert E. Goldman on behalf of L&M Companies, Inc., Palumbo Foods, LLC. (Goldman, Robert) |
Filing 11 Memorandum in Support regarding #10 MOTION for Preliminary Injunction filed by L&M Companies, Inc., Palumbo Foods, LLC. (Ceglowski, Kevin) |
Filing 10 MOTION for Preliminary Injunction filed by L&M Companies, Inc., Palumbo Foods, LLC. (Ceglowski, Kevin) |
Filing 9 Memorandum in Support regarding #8 MOTION for Temporary Restraining Order filed by L&M Companies, Inc., Palumbo Foods, LLC. (Attachments: #1 Exhibit Order from Senn Brothers, Inc. v. Farmin Brands, LLC, et al, #2 Exhibit TRO from Farmer's Friend, Inc. v. Unique Food Company, Inc., et al, #3 Exhibit Declaration of Michael J. McGee, #4 Exhibit Declaration of Tonino C. Palumbo, #5 Exhibit Declaration of Robert E. Goldman) (Ceglowski, Kevin) |
Filing 8 MOTION for Temporary Restraining Order filed by L&M Companies, Inc., Palumbo Foods, LLC. (Attachments: #1 Text of Proposed Order, #2 Attorney Certification) (Ceglowski, Kevin) |
Filing 7 Summonses Issued as to Gina D. Bissette, Bissette Brothers, LLC, Beverly A. Deangelis, Louis J. Deangelis, Jr, Louis J. Deangelis, Unique Food Company, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Sellers, N.) |
Filing 6 Order Redesignating Division - At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is redesignated as a Western Division case. The Honorable James C. Dever III, United States District Judge, will remain the presiding judge. All future documents shall reflect the new case number of 5:19-CV-27-D. No further filing shall be made in 4:19-cv-16-D. Signed by Peter A. Moore, Jr., Clerk of Court on 1/29/2019. (Sellers, N.) |
Case transferred in from Eastern Division on 01/29/2019. Old Case Number 4:19-cv-16. (Sellers, N.) |
Notice to Counsel - This case should have been filed in the Western division. The Clerk will enter a reassignment order correcting the error. (Rudd, D.) |
Filing 5 Financial Disclosure Statement by Palumbo Foods, LLC (Ceglowski, Kevin) |
Filing 4 Financial Disclosure Statement by L&M Companies, Inc. (Ceglowski, Kevin) |
Filing 3 Notice of Appearance filed by Kevin Michael Ceglowski on behalf of All Plaintiffs. (Ceglowski, Kevin) |
Filing 2 Notice filed by L&M Companies, Inc., Palumbo Foods, LLC regarding #1 Complaint, - Proposed Summonses for Issuance. (Attachments: #1 Proposed Summons for Unique Food Company, Inc., #2 Proposed Summons for Louis J. Deangelis, #3 Proposed Summons for Beverly A. Deangelis, #4 Proposed Summons for Louis J. Deangelis, Jr., #5 Proposed Summons for Gina D. Bissette, #6 for Bissette Brothers, LLC) (Ceglowski, Kevin) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-4807602.), filed by L&M Companies, Inc., Palumbo Foods, LLC. (Attachments: #1 Exhibit A - L&M Companies, Inc.'s Statement and Invoices, #2 Exhibit B - Palumbo Foods, LLC's Statement and Invoices, #3 Civil Cover Sheet) (Ceglowski, Kevin) |
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