Hardies Fruit and Vegetable Company-Houston, LP et al v. Black Titan Franchise Systems LLC et al
| HARDIES FRUIT AND VEGETABLE COMPANY-HOUSTON, LP, OLE TYME PRODUCE, INC and STERN PRODUCE COMPANY |
| BLACK TITAN FRANCHISE SYSTEMS LLC, BLACK TITAN HOLDINGS AZ, L.L.C., BLACK TITAN HOLDINGS MO, L.L.C., BLACK TITAN HOLDINGS TX, L.L.C., BLACK TITAN HOLDINGS, L.L.C., Nicholas Mandrell Perkins, Barry Keith McCauley, Jr., Black Titan Holdings AZ, LLC, Black Titan Holdings MO, LLC, Black Titan Holdings TX, LLC and Black Titan Holdings, LLC |
| 3:2023cv00013 |
| January 9, 2023 |
| US District Court for the Western District of North Carolina |
| David Keesler |
| Frank D Whitney |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
Docket Report
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| Document Text |
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| Filing 29 NOTICE of Voluntary Dismissal as to all Defendants by Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc, Stern Produce Company (Decker, Rachel) |
| Filing 28 Clerk's ENTRY OF DEFAULT as to Black Titan Franchise Systems LLC, Black Titan Holdings AZ, LLC, Black Titan Holdings MO, LLC, Black Titan Holdings TX, LLC, Black Titan Holdings, LLC, Nicholas Mandrell Perkins. Signed by Clerk, Frank G. Johns (clc) |
| Filing 27 Motion for Entry of Default by Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc, Stern Produce Company. (Attachments: #1 Affidavit Declaration in Support of Request for Clerk's Entry of Default)(Decker, Rachel) Modified to convert to a Motion on 2/14/2023 (clc). |
| Filing 26 AFFIDAVIT of Service filed by Stern Produce Company, Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc. (Attachments: #1 Exhibit)(Decker, Rachel) |
| Filing 25 AFFIDAVIT of Service filed by Stern Produce Company, Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc. Barry Keith McCauley, Jr served on 2/8/2022, answer due 3/1/2022. (Attachments: #1 Exhibits)(Decker, Rachel) |
| Filing 24 AFFIDAVIT of Service filed by Stern Produce Company, Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc. (Attachments: #1 Exhibit 1 - 3)(Decker, Rachel) |
Filing 23
ORDER granting #3 Motion for Preliminary Injunction. IT IS FURTHER ORDERED that pursuant to Federal Rule of Civil Procedure 65(c), Plaintiffs shall post a bond in the amount of $15,000.00. The Preliminary Injunction herein shall become effective upon Plaintiffs posting of the $15,000.00 bond amount. Signed by District Judge Frank D. Whitney on 1/20/23. (clc)
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| Minute Entry: MOTION HEARING held before District Judge Frank D. Whitney. Re #3 MOTION for Preliminary Injunction . Plaintiffs attorney: Tricia Barfield. No appearance on behalf of defendants. Court reporter: Jill Turner. (clc) |
| Filing 22 DECLARATION re #3 MOTION for Preliminary Injunction Declaration of William A. Stern, III, In Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction filed by Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc, Stern Produce Company (Decker, Rachel) |
| Filing 21 AFFIDAVIT of Service filed by Stern Produce Company, Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc. Black Titan Franchise Systems LLC served on 1/12/2023, answer due 2/2/2023; Black Titan Holdings AZ, LLC served on 1/12/2023, answer due 2/2/2023; Black Titan Holdings MO, LLC served on 1/12/2023, answer due 2/2/2023; Black Titan Holdings TX, LLC served on 1/12/2023, answer due 2/2/2023; Black Titan Holdings, LLC served on 1/12/2023, answer due 2/2/2023; Nicholas Mandrell Perkins served on 1/13/2023, answer due 2/3/2023. (Attachments: #1 Exhibits)(Decker, Rachel) |
| Filing 20 DECLARATION re #3 MOTION for Preliminary Injunction Supplemental Declaration of Blake A. Surbey, Esq, Counsel for Plaintiffs, In Support of Plaintiffs' Motion for Preliminary Injunction filed by Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc, Stern Produce Company (Decker, Rachel) |
| Filing 19 Summons Reissued Electronically as to Black Titan Franchise Systems LLC, Black Titan Holdings AZ, LLC, Black Titan Holdings MO, LLC, Black Titan Holdings TX, LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (tlj) |
| Filing 18 SUMMONS Returned Unexecuted by Stern Produce Company, Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc. (Decker, Rachel) Modified docket text on 1/11/2023 (tlj). |
| Filing 17 SUMMONS Returned Unexecuted by Stern Produce Company, Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc. (Decker, Rachel) Modified docket text on 1/11/2023 (tlj). |
| Filing 16 SUMMONS Returned Unexecuted by Stern Produce Company, Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc. (Decker, Rachel) Modified docket on 1/11/2023 (tlj). |
| Filing 15 SUMMONS Returned Unexecuted by Stern Produce Company, Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc. (Decker, Rachel) Modified docket text on 1/11/2023 (tlj). |
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Filing 14
ORDER denying without prejudice #2 Motion for TRO. IT IS FURTHER ORDERED that the Court DEFERS a ruling on Plaintiffs Motion for Preliminary Injunction. (Doc. No. 3). The parties shall TAKE NOTICE that a hearing on the pending Motion for Preliminary Injunction will take place before the undersigned on Thursday, January 19, 2023, at 11:00 a.m., in Courtroom #5B of the Charles R. Jonas Federal Building, 401 W. Trade Street, Charlotte, North Carolina. Signed by District Judge Frank D. Whitney on 1/10/23. (clc)
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| Filing 13 Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (tlj) |
| Set/Reset Deadlines as to #3 MOTION for Preliminary Injunction . Motion Hearing set for 1/19/2023 11:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. (clc) |
| Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (tlj) |
| Case assigned to District Judge Frank D. Whitney and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. Motions referred to David Keesler: #2 MOTION for Temporary Restraining Order , #3 MOTION for Preliminary Injunction This is your only notice - you will not receive a separate document.(tlj) |
| Filing 12 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order , #3 MOTION for Preliminary Injunction by Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc., Stern Produce Company. (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). |
| Filing 11 Amended Corporate Disclosure Statement by Hardies Fruit and Vegetable Company-Houston, LP. (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). |
| Filing 10 Corporate Disclosure Statement by Ole Tyme Produce, Inc. (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). |
| Filing 9 Corporate Disclosure Statement by Stern Produce Company. (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). |
| Filing 8 Corporate Disclosure Statement by Hardies Fruit and Vegetable Company-Houston, LP. (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). |
| Filing 7 Declaration of Blake A. Surbey, Esq. in Support of #2 MOTION for Temporary Restraining Order , #3 MOTION for Preliminary Injunction by Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc., Stern Produce Company. (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). Modified to correct text on 1/10/2023 (clc). |
| Filing 6 Declaration of Joan Daleo in Support of #2 MOTION for Temporary Restraining Order , #3 MOTION for Preliminary Injunction by Ole Tyme Produce, Inc. (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). Modified to correct text on 1/10/2023 (clc). |
| Filing 5 Declaration of Jason Pounds in Support of #2 MOTION for Temporary Restraining Order , #3 MOTION for Preliminary Injunction by Hardies Fruit and Vegetable Company-Houston, LP. (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). Modified to correct text on 1/10/2023 (clc). |
| Filing 4 Corporate Disclosure Statement by Stern Produce Company. (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). Modified to correct text on 1/10/2023 (clc). |
| Filing 3 MOTION for Preliminary Injunction by Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc., Stern Produce Company. Responses due by 1/23/2023 (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). Modified to remove referral on 1/11/2023 (mga). |
| Filing 2 MOTION for Temporary Restraining Order by Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc., Stern Produce Company. Responses due by 1/23/2023 (Decker, Rachel) Modified docket text on 1/10/2023 (tlj). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCWDC-5894797), filed by Stern Produce Company, Hardies Fruit and Vegetable Company-Houston, LP, Ole Tyme Produce, Inc. (Attachments: #1 Exhibit 1 - Hardies PACA Information, #2 Exhibit 2 - Articles re: Sale, #3 Exhibit 3 - Hardies Open Invoices, #4 Exhibit 4 - Annual Reports filed NC SOS, #5 Exhibit 5 - Black Titan Post Default Payment Agreement, #6 Exhibit 6 - Invoices, #7 Exhibit 7 - Ole Tyme PACA Information, #8 Exhibit 8 - Ole Tyme Credit Application, #9 Exhibit 9 - Ole Tyme Open Invoices, #10 Exhibit 10 - Stern PACA Information, #11 Exhibit 11 - Stern Credit Application - Revised, #12 Exhibit 12 - Stern Open Invoices)(Decker, Rachel) Modified docket text on 1/10/2023 (tlj). |
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