Sun Commodities, Inc. v. Island Fresh de Puerto Rico, Inc. et al
| Sun Commodities, Inc. d/b/a Sun International Produce Co. and d/b/a Global Maritime Supply and Sun Commodities, Inc. doing business as Sun International Produce Co. doing business as Global Maritime Supply |
| Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc. and JC Brokerage, Inc. |
| SUN and Sun Commodities, Inc. |
| 3:2020cv01236 |
| May 21, 2020 |
| US District Court for the District of Puerto Rico |
| William G Young |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.
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| Filing 123 ANSWER to #111 Answer to Amended Complaint,, Counterclaim, Answer to JC Brokerage's Counterclaim filed by Orlando Fernandez on behalf of Counter Defendant SUN.(Fernandez, Orlando) |
Filing 122
MOTION to Set Aside re: #59 ORDER EXTENDING PRELIMINARY INJUNCTION. Signed by Judge William G. Young on June 30, 2020.(jg) filed by Jorge L. Marchand-Heredia on behalf of JC Brokerage, Inc. Responses due by 9/4/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #59 ) (Marchand-Heredia, Jorge)
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| Filing 121 RESPONSE in Opposition to Motion Requesting the Appointment of Receiver filed by Island Fresh de Puerto Rico, Inc. Re: #114 MOTION to Appoint Receiver for the Limited Purpose of Collecting Island Fresh's Account's Receivables from Customers filed by Sun Commodities, Inc. filed by Island Fresh de Puerto Rico, Inc.. (Penagaricano, Gabriel) |
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Filing 120
ORDER terminating #33 EMERGENCY MOTION to extend Preliminary Injunction against JC Brokerage; terminating #33 Motion to Compel Island Fresh to Produce Documents; terminating #36 Motion requesting Order to Access Island Fresh's BPPR Accounts. See Order entered 6/30/2020 - ORDER EXTENDING PRELIMINARY INJUNCTION. Signed by Judge William G. Young on 8/18/2020. (jg)
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| Filing 119 Supplemental Record on Appeal transmitted to US Court of Appeals Re #96 Notice of Interlocutory Appeal filed by Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc. [Docket Entries 59 & 116] (xi) |
| Filing 118 MOTION for extension of time until October 30, 2020 to of Discovery Deadline filed by Jorge L. Marchand-Heredia on behalf of JC Brokerage, Inc. Responses due by 8/31/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Marchand-Heredia, Jorge) |
| Filing 117 MOTION to Compel Island Fresh to Attend Rule 30(b)(6) Deposition filed by Orlando Fernandez on behalf of Sun Commodities, Inc. Responses due by 8/31/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A - Notice of Deposition, #2 Exhibit B - Email to Counsel, #3 Exhibit C - Re-Notice of Deposition)(Fernandez, Orlando) |
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Filing 116
ORDER terminating #29 Motion to Amend/Correct. See Order Extending Preliminary Injunction. Docket entry #59 . Signed by Judge William G. Young on 8/17/2020. (jg)
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| Filing 115 INFORMATIVE Motion regarding intent to oppose filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc. Responses due by 8/27/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Penagaricano, Gabriel) Modified to correct capital letters on 8/14/2020 (rim). |
| Filing 114 MOTION to Appoint Receiver for the Limited Purpose of Collecting Island Fresh's Account's Receivables from Customers filed by Orlando Fernandez on behalf of Sun Commodities, Inc. Responses due by 8/27/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Affidavit of Robert E. Goldman, #2 Text of Proposed Order Granting Motion)(Fernandez, Orlando) |
| Filing 113 MOTION for Reconsideration for Payment of Payroll under CARES Act re 110 Order on Motion for Miscellaneous Relief, filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 8/27/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Statement Under Penalty of Perjury of Mr. Jorge Mayenda)(Related document(s) 110 ) (Ortega-Nunez, Miguel) |
| NOTICE of Docket Text Modification by Deputy Clerk re: #112 MOTION for Reconsideration for Payment of Payroll under CARES Act re 110 Order on Motion for Miscellaneous Relief.***FILED IN ERROR. Counsel filed the corrected motion on D. E. #113 . (rim) |
| Filing 112 ***FILED IN ERROR - Wrong pdf.*** MOTION for Reconsideration for Payment of Payroll under CARES Act re 110 Order on Motion for Miscellaneous Relief, filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 8/26/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Statement Under Penalty of Perjury of Mr. Jorge Mayenda)(Related document(s) 110 ) (Ortega-Nunez, Miguel) Modified on 8/14/2020 (rim). |
| Filing 111 ANSWER to #30 Amended Complaint , COUNTERCLAIM against All Plaintiffs filed by Jorge L. Marchand-Heredia on behalf of JC Brokerage, Inc. (Marchand-Heredia, Jorge) Modified to correct filer in docket text on 8/11/2020 (rim). |
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Filing 110
ORDER denying #107 Motion for Miscellaneous Relief "The motion is denied without predjudice to its renewal following a full independent audit of the books and records of Island Fresh." Signed by Judge William G. Young on 8/10/2020. (DH)
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| Filing 109 RESPONSE in Opposition to Motion filed by Sun Commodities, Inc. Re: #103 MOTION Requesting Access to PPP Funds for New Payroll Period of Island Fresh's Employees filed by Island Fresh de Puerto Rico, Inc. filed by Sun Commodities, Inc.. (Attachments: #1 Exhibit A - Email from REG to Counsel)(Fernandez, Orlando) |
| Filing 108 RESPONSE in Opposition to Motion filed by Sun Commodities, Inc. Re: #106 Emergency MOTION for extension of time filed by Island Fresh de Puerto Rico, Inc. filed by Sun Commodities, Inc.. (Attachments: #1 Exhibit A - Email from REG to Counsel)(Fernandez, Orlando) |
| Filing 107 Emergency MOTION From Island Fresh Regarding Motion Requesting to Access Bank Accounts PPP Funds for New Payroll Period of Island Fresh Employees filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc. Responses due by 8/21/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Penagaricano, Gabriel) Modified to replace capital letters on 8/10/2020 (rim). |
| Filing 106 Emergency MOTION for extension of time filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico and Jorge Mayendia Valdes, Inc. Responses due by 8/21/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Penagaricano, Gabriel) Modified to add filer on 8/10/2020 (rim). |
| Filing 105 **CASE PARTICIPANTS** NOTICE of Disbursement of Paycheck Protection Program Funds (June 22, 2020 to July 5, 2020) by Banco Popular de Puerto Rico. (Attachments: #1 Envelope) (vso) |
| Filing 104 USCA Case Number 20-1731 for #96 Notice of Interlocutory Appeal filed by Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc. (xi) |
| Filing 103 MOTION Requesting Access to PPP Funds for New Payroll Period of Island Fresh's Employees filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc. Responses due by 8/7/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Affd. 1 Rafael Torres, #2 Exhibit Affd. 2 Judith Suarez, #3 Exhibit Affd. 3 Iraida Perez, #4 Exhibit Affd. 4 Jorge Mayendia, #5 Exhibit Affd. 5 Pedro Velez, #6 Exhibit Affd. 6 Yina Negron, #7 Exhibit Affd. 7 Harry Torres, #8 Exhibit Affd. 8 Alexis Melendez)(Penagaricano, Gabriel) Modified on 7/27/2020 to edit docket title (vso). |
| Filing 102 Certified and Transmitted Record on Appeal to US Court of Appeals re #96 Notice of Interlocutory Appeal [Docket Entries 27, 59, 89, 96 & 101] (xi) |
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Filing 101
ORDER denying #95 Motion for Reconsideration ; denying #97 Motion to Stay Signed by Judge William G. Young on 7/21/2020. (EES)
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Filing 100
ORDER denying #94 Motion for Reconsideration "Motion denied without prejudice to its renewal supported by an independent audit of the books and records of Island Fresh." Signed by Judge William G. Young on 7/21/2020. (EES)
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| Filing 99 ANSWER to #54 Counterclaim, filed by Orlando Fernandez on behalf of Counter Defendant SUN. (Fernandez, Orlando) Modified on 7/21/2020 to edit docket text (vso). |
| Filing 98 SUMMONS Returned Executed by Sun Commodities, Inc. upon JC Brokerage, Inc. served on 7/20/2020, answer due 8/10/2020. (Fernandez, Orlando) |
| ***SEE IMAGE ON DKT. #96 NOTICE OF INTERLOCUTORY APPEAL as to #59 Order, 89 Order on Motion for Reconsideration, #27 Preliminary Injunction by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. (Filing fee $ 505./PAID) (xi) |
| Filing 97 MOTION to Stay Proceedings Pending Appeal re: #59 Order, 89 Order on Motion for Reconsideration, #96 Notice of Appeal,, filed by Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc., #27 Preliminary Injunction filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 7/31/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #59 , 89 , #96 , #27 ) (Ortega-Nunez, Miguel) |
| Filing 96 ***MODIFIED TO CORRECT EVENT***WRONG EVENT*** NOTICE OF APPEAL as to #59 Order, 89 Order on Motion for Reconsideration, #27 Preliminary Injunction by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Filing fee $505, receipt number 0104-6952525.NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf (Ortega-Nunez, Miguel) Modified on 7/22/2020 to add *modified* (xi). |
| Filing 95 MOTION for Reconsideration re 91 Order on MOTION for Designation of a Magistrate Judge for Discovery Matters and Case Management, filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc. Responses due by 7/31/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 91 ) (Penagaricano, Gabriel) Modified on 7/20/2020 to edit docket text (vso). |
| Filing 94 MOTION for Reconsideration re 82 Order, filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc. Responses due by 7/31/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 82 ) (Penagaricano, Gabriel) Modified on 7/20/2020 to edit docket text (vso). |
| Filing 93 NOTICE of Appearance by Raul E. Bandas-Del-Pilar on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes (Bandas-Del-Pilar, Raul) |
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Filing 92
ORDER re #86 Notice (Other) filed by Sun Commodities, Inc.. "It is ordered that the discovery deadline is set for September 15, 2020 and any motions for summary judgment shall be filed by September 15, 2020."Signed by Judge William G. Young on 7/15/2020.(EES)
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Filing 91
ORDER denying #88 Motion for Miscellaneous Relief "The motion is DENIED. The Court notes that the motion was filed without the required certification as set forth in ECF NO. 71 , but does not deny the motion on that ground. The parties are reminded that on every motion relating to the Preliminary Injunction, discovery or scheduling that is filed in this action on the public docket (i.e. not ex-parte or under seal) the moving party shall certify its reasonable and good faith efforts to resolve each such motion. Failure to attach a certification will be grounds for denial of the motion without prejudice until such certification is made. " Signed by Judge William G. Young on 7/15/2020. (EES)
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Filing 90
ORDER granting #84 Motion for Miscellaneous Relief "The motion is ALLOWED, except the time for the response is 20 days." Signed by Judge William G. Young on 7/15/2020. (EES)
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Filing 89
ORDER denying #60 Motion for Reconsideration "The motion is DENIED." Signed by Judge William G. Young on 7/15/2020. (EES)
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| Filing 88 MOTION for Designation of a Magistrate Judge for Discovery Matters and Case Management filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 7/28/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortega-Nunez, Miguel) |
| Filing 87 RESPONSE in Opposition to #84 MOTION to Shorten Time to Respond to Discovery Requests, filed by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. (Attachments: #1 Exhibit Island Fresh and Jorge Mayendia's Rule 26 Initial Disclosures)(Ortega-Nunez, Miguel) Modified on 7/15/2020 to edit docket text (vso). |
| Filing 86 Joint NOTICE of Filing Proposed Case Management Schedule by Sun Commodities, Inc., Jorge Mayendia Valdez, Island Fresh de Puerto Rico, Inc. (Fernandez, Orlando) Modified on 7/15/2020 to edit filers (vso). |
| Filing 85 INFORMATIVE Motion Notifying Intent to Oppose re #84 Motion to Shorten Time filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc. Responses due by 7/27/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Penagaricano, Gabriel) Modified on 7/14/2020 to edit docket text and add reference to docket no. 84 (vso). |
| Filing 84 MOTION To Shorten Time to Respond to Discovery Requests filed by Orlando Fernandez on behalf of Sun Commodities, Inc. Responses due by 7/27/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A - First Request for Documents to Island Fresh, #2 Exhibit B - Email to Counsel, #3 Exhibit C - Email to Counsel, #4 Exhibit D - Second Document Request to Island Fresh, #5 Exhibit E - First Document Request to Mayendia, #6 Exhibit F - Email to Counsel, #7 Exhibit G - Third Document Request to Island Fresh, #8 Exhibit H - First Set of Interrogatories to Island Fresh, #9 Text of Proposed Order Granting Motion)(Fernandez, Orlando) |
| Filing 83 ***CASE PARTICIPANTS***NOTICE in Compliance re #27 Preliminary Injunction, #59 Order Extending Preliminary Injunction, filed by Banco Popular de Puerto Rico. (vso) Modified on 7/10/2020 to edit restriction level and docket text (vso). Modified on 7/10/2020 (vso). |
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Filing 82
ORDER re #76 Motion In Compliance with 75 Order Emergency Renewed MOTION requesting Order to Access Island Fresh's BPPR Bank Accounts for Payment Protection Program Purposes filed by Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc.. The Renewed Emergency Motion in Compliance with the Order and Requesting Order to Access Island Freshs BPPR Bank Accounts for Payment Protection Program Purposes (ECF No. 76) is ALLOWED in part and DENIED in part. The Preliminary Injunction is modified to permit the release of Paycheck Protection Program funds as requested in paragraphs 4 and 5 of the motion from the bank directly to the seven Island Fresh employees that submitted affidavits, and only in the amounts stated therein for employee payroll for the period of June 22, 2020 to July 5, 2020, in the total amount of $13,252.80. The motion is otherwise DENIED. To the extent that Island Fresh seeks a further modification of the Preliminary Injunction to release Paycheck Protection Program funds other than payroll in the future, such as requested in paragraphs 6 and 7 of the motion, it will be required to submit to a full audit of its books and records.Signed by Judge William G. Young on 7/10/2020.(DH)
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| Filing 81 NOTICE of Filing Exhibits Declaration of Ruth Bernal (signed) re #80 Response in Opposition to Motion,, filed by Sun Commodities, Inc. (Attachments: #1 Affidavit of Ruth Bernal (signed)) (Fernandez, Orlando) |
| Filing 80 RESPONSE in Opposition to Motion to #76 Renewed Emergency Motion to Disburse PPP Funds, filed by Sun Commodities, Inc. (Attachments: #1 Affidavit A - Ruth Bernal, #2 Affidavit B - Walter Perez, #3 Exhibit C - Checks, #4 Exhibit D - JCB Bank Statement)(Fernandez, Orlando) Modified on 7/10/2020 to edit docket text (vso). |
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Filing 79
"Sun Commodities, Inc. shall file a responses to the Renewed Emergency Motion (ECF No. 76) by 3:00 p.m. today."ORDER submitting #76 Supplemental Motion Signed by Judge William G. Young on 7/10/2020. (EES)
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| Filing 78 MOTION for Leave to File Reply to #77 RESPONSE in Opposition filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Responses due by 7/23/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortega-Nunez, Miguel) Modified on 7/10/2020 to edit docket text and add relationship to docket no. 77 (vso). |
| Filing 77 RESPONSE in Opposition to #60 Emergency MOTION for Reconsideration filed by Sun Commodities, Inc. (Attachments: #1 Exhibit A - Transfer of $225,000, #2 Exhibit B - IF Checks to JCB, #3 Exhibit C - Receivables, #4 Exhibit D - Sworn Statement by Process Server, #5 Exhibit E - JCB Check for $115,000 Payable to Cash, #6 Exhibit F - Banco Popular Certified Check Payable to JCB, #7 Exhibit G - First Document Request to IF, #8 Exhibit H - Second Document Request to IF, #9 Exhibit I - Emails to Counsel)(Fernandez, Orlando) Modified on 7/10/2020 to edit docket text (vso). |
| Filing 76 Emergency Renewed MOTION In Compliance with 75 Order, Emergency Renewed MOTION Requesting Order to Access Island Fresh's BPPR Bank Accounts for Payment Protection Program Purposes filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Responses due by 7/23/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Related document(s) 75 , #68 ) (Ortega-Nunez, Miguel) Modified on 7/10/2020 to edit docket text and add Renewed MOTION Requesting Order(vso). |
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Filing 75
ORDER re #68 Emergency Motion In Compliance With Order and Requesting Order to Access Island Fresh's BPPR Bank Accounts for Payment Protection Program Purposes filed by Island Fresh de Puerto Rico, Inc..."The motion (ECF No. 68) is DENIED without prejudice. To the extent a renewed motion is filed, Island Fresh shall submit along with such motion affidavits from each of the individuals to whom Island Fresh intends to make PPP/CARES Act payments. The individual affidavits must each include the following information: (1) the dates and hours worked, (2) the individual's hourly rate or salary, (3) the work performed, (3) the identity of the entity for which work was performed, and (4) the amounts sought by each individual." Signed by Judge William G. Young on 7/8/2020.(DH)
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| Filing 74 Motion In Compliance With Order at Docket 71 regarding PPP Funds filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc. Responses due by 7/22/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Penagaricano, Gabriel) Modified on 7/9/2020 to edit docket text and add relationship to docket no. 71 (vso). |
| Filing 73 OBJECTION to #68 Emergency MOTION In Compliance with 58 Order, MOTION Requesting Order to Access Island Fresh's BPPR Bank Accounts for Payment Protection Program Purposes, filed by Sun Commodities, Inc. (Attachments: #1 Exhibit Declaration)(Fernandez, Orlando) Modified on 7/9/2020 to edit docket text (vso). |
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Filing 72
ORDER noted #68 Motion In Compliance see Order 71 Signed by Judge William G. Young on 7/8/2020. (EES)
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Filing 71
ORDER."The appearing parties counsel shall confer forthwith and file a proposed order resolving this motion, or if they are unable to resolve the motion the plaintiff shall file an opposition by 12:00 noon. Although the Court has no reason to doubt the representations of counsel, the amounts requested and their purposes must be properly supported by affidavit and supporting documentation. Spreadsheets, while helpful, are not proof. Accordingly, the appearing defendants shall supplement their proof by 12:00 noon. The Court reminds all counsel that as officers of the Court it is expected that they will make reasonable and good faith attempts to minimize the resort to judicial resolution of pre-trial disputes. It is therefore further ordered that on every future motion relating to the Preliminary Injunction, discovery or scheduling that is filed in this action on the public docket (i.e. not ex-parte or under seal) the moving party shall certify its reasonable and good faith efforts to resolve each such motion. Failure to attach a certification will be grounds for denial of the motion without prejudice until such certification is made. Signed by Judge William G. Young on 7/8/2020.(EES)
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| Filing 70 MOTION Submitting Exhibit 10 to Docket No. #66 , filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Responses due by 7/22/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 10 to Docket No. 66)(Related document(s) #66 , 64 ) (Ortega-Nunez, Miguel) Modified on 7/9/2020 to edit docket text (vso). |
| Filing 69 MOTION Submitting Certified Translation of Exhibit 21 at Docket No. #60 , filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Responses due by 7/22/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 21 of Docket No. 60)(Related document(s) #66 , #62 , #67 , 64 , #63 , #60 ) (Ortega-Nunez, Miguel) Modified on 7/9/2020 to edit docket text and exhibit descriptions (vso). |
| Filing 68 Emergency MOTION In Compliance with 58 Order, MOTION Requesting Order to Access Island Fresh's BPPR Bank Accounts for Payment Protection Program Purposes filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc. Responses due by 7/21/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Penagaricano, Gabriel). Added MOTION requesting Order on 7/9/2020, edited docket text and added relationship to docket no. 58 (vso). |
| Filing 67 MOTION Submitting Correct Document re #66 MOTION to Supplement filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Responses due by 7/21/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Motion to Supplement Emergency Motion for Reconsideration)(Related document(s) #66 ) (Ortega-Nunez, Miguel) Modified on 7/9/2020 to edit title and description (vso). |
| Filing 66 MOTION to Supplement re #60 Emergency MOTION for Reconsideration, filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Responses due by 7/21/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Related document(s) #59 , #62 , 64 , #27 , #63 , #60 ) (Ortega-Nunez, Miguel) Modified on 7/9/2020 to edit docket title (vso). |
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Filing 65
ORDER granting #61 Motion for Leave to File Signed by Judge William G. Young on 7/6/2020. (EES)
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Filing 64
ORDER"Sun Commodities, Inc. shall file a response to the emergency motions (ECF Nos. 60, 62, and 63) by Thursday, July 9, 2020. The appearing defendants are reminded that the Court cannot consider Spanish-language documents and that supporting evidence must be filed in an admissible form, including authentication of exhibits. Furthermore, the Court notes that unsupported representations made by the appearing defendants counsel concerning the balancing of the harms and the public interest is not evidence of the same. To be sure, a motion for modification must be supported by actual evidence of materially changed circumstances not simply attorney representations. Rather than deny the motion for reconsideration, the appearing defendants may file further supporting affidavits and evidence in an admissible form, as it deems appropriate, by Tuesday, July 7, 2020. re #62 Emergency Supplemental Motion to Emergency Motion for Reconsideration at Docket No. 60 re: #60 Emergency MOTION for Reconsideration re #59 Order, 58 Hearing,,,,, #27 Preliminary Injunction, 26 Order on Motion for TRO,,,,, filed by Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc., #63 Emergency Supplemental Motion to Docket No. 60 re: #62 Emergency Supplemental Motion to Emergency Motion for Reconsideration at Docket No. 60 re: #60 Emergency MOTION for Reconsideration re #59 Order, 58 Hearing,,, filed by Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc., #60 Emergency MOTION for Reconsideration re #59 Order, 58 Hearing,,,,, #27 Preliminary Injunction, 26 Order on Motion for TRO,,,,, Order on Motion for Preliminary Injunction,,,,, Motion Hearing,,,, filed by Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc.. Signed by Judge William G. Young on 7/6/2020.(EES)
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| Filing 63 Second Emergency Supplemental Motion re: #60 Emergency MOTION for Reconsideration filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 7/20/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 25 to Emergency Motion for Reconsideration at Docket No. 60)(Related document(s) #62 , #60 ) (Ortega-Nunez, Miguel) Modified on 7/6/2020 to edit docket text (vso). |
| Filing 62 Emergency Supplemental Motion re: #60 Emergency MOTION for Reconsideration filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Responses due by 7/17/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 24 to Emergency Motion for Reconsideration at Docket No. 60)(Related document(s) #60 ) (Ortega-Nunez, Miguel) Modified on 7/6/2020 to edit docket text (vso). |
| Filing 61 MOTION for Leave to File Document with excess pages under Local Rule 7 filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 7/17/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortega-Nunez, Miguel) |
| Filing 60 Emergency MOTION for Reconsideration re #59 Order, 58 Hearing,,,,, #27 Preliminary Injunction, 26 Order on Motion for TRO,,,,, Order on Motion for Preliminary Injunction,,,,, Motion Hearing,,,, filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 7/17/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Errata, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit)(Related document(s) #59 , 58 , #27 , 26 ) (Ortega-Nunez, Miguel) |
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Filing 59
ORDER EXTENDING PRELIMINARY INJUNCTION. Signed by Judge William G. Young on June 30, 2020.(jg)
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| Filing 58 Minute Order. Proceedings held before Judge William G. Young: Hearing held on 6/30/2020 by video. The Court addresses counsel regarding preliminary matters and inquires of counsel their position of going forward with the bench trial in light of the counterclaim filed by the defendants. After hearing from counsel, the Court enters an order extending the injunction to include Mr. Jorge Mayendia Valdes and JC Brokerage, Inc. Plaintiff to properly serve JC Brokerage and Mr. Valdes. Upon demonstration of the pay check protection program, funds may be released to employees doing work or having done work for Island Fresh. The plaintiff shall provide a draft order for the Court's review. The trial is continued and placed on this Court's running trial list for October 2020. Counsel shall meet/confer and submit a joint proposed case management schedule within two weeks. Any requests for amendments to the injunction or requests for a hearing shall be made by motion. (Attorneys present: Attorneys Goldman and Fernandez for the plaintiff and Attorneys Ortega-Nunez and Penagariacano for the defendants. (Court Reporter Linda Walsh (lwalshsteno@gmail.com).)Hearing set for 09:00.Hearing held at 09:00.Hearing ended at 09:46. (jg) |
| Filing 57 NOTICE of Filing Exhibit P-19 by Sun Commodities, Inc. (Attachments: #1 Exhibit P-19)(Fernandez, Orlando) Modified on 6/30/2020 to correct event title (vso). |
| Filing 56 MOTION for Reconsideration of Consolidation Under Fed. R. Civ. 65 re 43 Hearing, filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc. Responses due by 7/13/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 43 ) (Penagaricano, Gabriel) Modified on 6/30/2020 to eliminate caps and edit docket text (vso). |
| Filing 55 INFORMATIVE Motion regarding Trial Witnesses Subpoenas filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 7/13/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit)(Ortega-Nunez, Miguel) |
| Filing 54 ANSWER to Amended Complaint with Jury Demand, COUNTERCLAIM against SUN, filed by Miguel J. Ortega-Nunez on behalf of Defendants Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Ortega-Nunez, Miguel) Modified on 6/30/2020 to edit docket text (vso). |
| Filing 53 Exhibit List and Exhibits CLXI to CXCVIII by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes.. (Attachments: #1 Exhibit CLXI, #2 Exhibit CLXII, #3 Exhibit CLXIII, #4 Exhibit CLXIV, #5 Exhibit CLXV, #6 Exhibit CLXVI, #7 Exhibit CLXVII, #8 Exhibit CLXVIII, #9 Exhibit CLXIX, #10 Exhibit CLXX, #11 Exhibit CLXXI, #12 Exhibit CLXXII, #13 Exhibit CLXXIII, #14 Exhibit CLXXIV, #15 Exhibit CLXXV, #16 Exhibit CLXXVI, #17 Exhibit CLXXVII, #18 Exhibit CLXXVIII, #19 Exhibit CLXXIX, #20 Exhibit CLXXX, #21 Exhibit CLXXXI, #22 Exhibit CLXXXII, #23 Exhibit CLXXXIII, #24 Exhibit CLXXXIV, #25 Exhibit CLXXXV, #26 Exhibit CLXXXVI, #27 Exhibit CLXXXVII, #28 Exhibit CLXXXVIII, #29 Exhibit CLXXXIX, #30 Exhibit CXC, #31 Exhibit CXCI, #32 Exhibit CXCII, #33 Exhibit CXCIII, #34 Exhibit CXCIV, #35 Exhibit CXCV, #36 Exhibit CXCVI, #37 Exhibit CXCVII, #38 Exhibit CXCVIII)(Penagaricano, Gabriel) |
| Filing 52 Exhibit List and Exhibits CXXI to CLX by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes.. (Attachments: #1 Exhibit CXXI, #2 Exhibit CXXII, #3 Exhibit CXXIII, #4 Exhibit CXXIV, #5 Exhibit CXXV, #6 Exhibit CXXVI, #7 Exhibit CXXVII, #8 Exhibit CXXVIII, #9 Exhibit CXXIX, #10 Exhibit CXXX, #11 Exhibit CXXXI, #12 Exhibit CXXXII, #13 Exhibit CXXXIII, #14 Exhibit CXXXIV, #15 Exhibit CXXXV, #16 Exhibit CXXXVI, #17 Exhibit CXXXVII, #18 Exhibit CXXXVIII, #19 Exhibit CXXXIX, #20 Exhibit CXL, #21 Exhibit CXLI, #22 Exhibit CXLII, #23 Exhibit CXLIII, #24 Exhibit CXLIV, #25 Exhibit CXLV, #26 Exhibit CXLVI, #27 Exhibit CXLVII, #28 Exhibit CXLVIII, #29 Exhibit CXLIX, #30 Exhibit CL, #31 Exhibit CLI, #32 Exhibit CLII, #33 Exhibit CLIII, #34 Exhibit CLIV, #35 Exhibit CLV, #36 Exhibit CLVI, #37 Exhibit CLVII, #38 Exhibit CLVIII, #39 Exhibit CLIX, #40 Exhibit CLX)(Penagaricano, Gabriel) |
| Filing 51 Exhibit List and Exhibits LXXXI to CXX by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes.. (Attachments: #1 Exhibit LXXXI, #2 Exhibit LXXXII, #3 Exhibit LXXXIII, #4 Exhibit LXXXIV, #5 Exhibit LXXXV, #6 Exhibit LXXXVI, #7 Exhibit LXXXVII, #8 Exhibit LXXXVIII, #9 Exhibit LXXXIX, #10 Exhibit XC, #11 Exhibit XCI, #12 Exhibit XCII, #13 Exhibit XCIII, #14 Exhibit XCIV, #15 Exhibit XCV, #16 Exhibit XCVI, #17 Exhibit XCVII, #18 Exhibit XCVIII, #19 Exhibit XCIX, #20 Exhibit C, #21 Exhibit CI, #22 Exhibit CII, #23 Exhibit CIII, #24 Exhibit CIV, #25 Exhibit CV, #26 Exhibit CVI, #27 Exhibit CVII, #28 Exhibit CVIII, #29 Exhibit CIX, #30 Exhibit CX, #31 Exhibit CXI, #32 Exhibit CXII, #33 Exhibit CXIII, #34 Exhibit CXIV, #35 Exhibit CXV, #36 Exhibit CXVI, #37 Exhibit CXVII, #38 Exhibit CXVIII, #39 Exhibit CXIX, #40 Exhibit CXX)(Penagaricano, Gabriel) |
| Filing 50 Exhibit List and Exhibits LI to LXXX by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes.. (Attachments: #1 Exhibit LI, #2 Exhibit LII, #3 Exhibit LIII, #4 Exhibit LIV, #5 Exhibit LV, #6 Exhibit LVI, #7 Exhibit LVII, #8 Exhibit LVIII, #9 Exhibit LIX, #10 Exhibit LX, #11 Exhibit LXI, #12 Exhibit LXII, #13 Exhibit LXIII, #14 Exhibit LXIV, #15 Exhibit LXV, #16 Exhibit LXVI, #17 Exhibit LXVII, #18 Exhibit LXVIII, #19 Exhibit LXIX, #20 Exhibit LXX, #21 Exhibit LXXI, #22 Exhibit LXXII, #23 Exhibit LXXIII, #24 Exhibit LXXIV, #25 Exhibit LXXV, #26 Exhibit LXXVI, #27 Exhibit LXXVII, #28 Exhibit LXXVIII, #29 Exhibit LXXIX, #30 Exhibit LXXX)(Penagaricano, Gabriel) |
| Filing 49 Exhibit List and Exhibits I to L by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes.. (Attachments: #1 Exhibit I, #2 Exhibit II, #3 Exhibit III, #4 Exhibit IV, #5 Exhibit V, #6 Exhibit VI, #7 Exhibit VII, #8 Exhibit VIII, #9 Exhibit IX, #10 Exhibit X, #11 Exhibit XI, #12 Exhibit XII, #13 Exhibit XIII, #14 Exhibit XIV, #15 Exhibit XV, #16 Exhibit XVI, #17 Exhibit XVII, #18 Exhibit XVIII, #19 Exhibit XIX, #20 Exhibit XX, #21 Exhibit XXI, #22 Exhibit XXII, #23 Exhibit XXIII, #24 Exhibit XXIV, #25 Exhibit XXV, #26 Exhibit XXVI, #27 Exhibit XXVII, #28 Exhibit XXVIII, #29 Exhibit XXIX, #30 Exhibit XXX, #31 Exhibit XXXI, #32 Exhibit XXXII, #33 Exhibit XXXIII, #34 Exhibit XXXIV, #35 Exhibit XXXV, #36 Exhibit XXXVI, #37 Exhibit XXXVII, #38 Exhibit XXXVIII, #39 Exhibit XXXIX, #40 Exhibit XL, #41 Exhibit XLI, #42 Exhibit XLII, #43 Exhibit XLIII, #44 Exhibit XLIV, #45 Exhibit XLV, #46 Exhibit XLVI, #47 Exhibit XLVII, #48 Exhibit XLVIII, #49 Exhibit XLIX, #50 Exhibit L)(Penagaricano, Gabriel) |
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Filing 48
ORDER granting #46 Motion for extension of time until 4:00 PM on 06/29/20 to file exhibits/exhibit list filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Signed by Judge William G. Young on June 29, 2020. (jg)
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Filing 47
ORDER finding as moot #45 Motion for extension of time until 06/30/20 to 06/30/20 filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Renewed motion filed. See docket entry #46 . Signed by Judge William G. Young on 6/29/2020. (jg)
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| Filing 46 MOTION for extension of time until 06/29/20 to 06/29/20 filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 7/13/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Penagaricano, Gabriel) |
| Filing 45 MOTION for extension of time until 06/30/20 to 06/30/20 filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 7/13/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Penagaricano, Gabriel) |
| Filing 44 Exhibit List by Sun Commodities, Inc... (Attachments: #1 Exhibit P-1A, #2 Exhibit P-1B, #3 Exhibit P-1C, #4 Exhibit P-1D, #5 Exhibit P-1E, #6 Exhibit P-1F, #7 Exhibit P-1G, #8 Exhibit P-1H, #9 Exhibit P-2, #10 Exhibit P-3, #11 Exhibit P-4, #12 Exhibit P-5, #13 Exhibit P-6, #14 Exhibit P-7, #15 Exhibit P-8, #16 Exhibit P-9, #17 Exhibit P-10, #18 Exhibit P-11, #19 Exhibit P-12, #20 Exhibit P-13, #21 Exhibit P-14, #22 Exhibit P-15, #23 Exhibit P-16, #24 Exhibit P-17, #25 Exhibit P-18)(Fernandez, Orlando) |
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Filing 42
ORDER denying #37 Motion to Quash Signed by Judge William G. Young on 6/26/2020. (EES)
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| Filing 43 Minute Order. Proceedings held before Judge William G. Young: Hearing held by video on 6/25/2020 The Court collapses the motion with trial on the merits in accordance with Rule 65A and sets a prompt jury waived trial for Tuesday, June 30, 2020 at 9:00 AM (EST). All exhibits (in English) and exhibit list shall be filed by noon on Monday, June 29, 2020. The Court notifies counsel of time limits for opening and closing statements. (Attorneys present: Attorneys Goldman and Fernandez for the plaintiff and Attorneys Ortega-Nunez and Penagaricano for the defendants.) (Court Reporter Richard Romanow (bulldog@richromanow.com).)Hearing set for 03:00.Hearing held at 03:00.Hearing ended at 03:24. (jg) |
| Filing 41 RESPONSE in Opposition to Motion to Quash Subpoena to Banco Popular filed by Sun Commodities, Inc. Re: #37 MOTION to Quash Subpoena filed by Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc. filed by Sun Commodities, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fernandez, Orlando) |
| Filing 40 RESPONSE to Motion Re: #36 MOTION requesting Order to Access Island Fresh's BPPR Accounts, filed by Sun Commodities, Inc.(Attachments: #1 Exhibit A, #2 Exhibit B)(Fernandez, Orlando) Modified on 6/25/2020 to edit docket text (vso). |
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Filing 39
ORDER.Plaintiff shall forthwith confer with counsel for the appearing defendants and attempt in good faith to resolve the issues raised in the Emergency Motion Requesting Order to Access Island Freshs BPPRs Bank Accounts (ECF No. 36). By 10:00 a.m. Eastern Time on Thursday, June 25, 2020 the parties shall either propose a joint resolution of the motion or plaintiff shall file an opposition. A hearing on all pending motions and a pretrial conference will be held at 3:00 PM on Thursday, June 25, 2020. Hearing set for 6/25/2020 03:00 PM before Judge William G. Young. This hearing will be held by video. Zoom meeting information to be sent directly to counsel by email.Signed by Judge William G. Young on June 24, 2020.(jg)
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Filing 38
ORDER entered. This case is held for trial, to begin next week. Counsel shall file their exhibit list and exhibits by noon on Monday, June 29, 2020. Signed by Judge William G. Young on 6/24/2020.(jg)
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| Filing 37 MOTION to Quash Subpoena filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 7/7/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit)(Ortega-Nunez, Miguel) |
| Filing 36 MOTION requesting Order to Access Island Fresh's BPPR Accounts filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Responses due by 7/7/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit)(Ortega-Nunez, Miguel) Modified on 6/24/2020 to specify docket title (vso). |
| Filing 35 RESPONSE in Opposition to Motion to Extend Preliminary Injunction and to Compel Production of Documents filed by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Re: #33 Emergency MOTION to extend Preliminary Injunction against JC BrokerageMOTION to Compel Island Fresh to Produce Documents filed by Sun Commodities, Inc. filed by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Ortega-Nunez, Miguel) |
| Filing 34 INFORMATIVE Motion regarding Intent to Oppose #33 Motion to Compel filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc. Responses due by 7/6/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Penagaricano, Gabriel) Modified on 6/19/2020 to add relationship to docket no. 33 (vso). |
| Filing 33 Emergency MOTION to extend Preliminary Injunction against JC Brokerage, MOTION to Compel Island Fresh to Produce Documents filed by Orlando Fernandez on behalf of Sun Commodities, Inc. Responses due by 7/2/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A - H, #2 Text of Proposed Order)(Fernandez, Orlando). Modified on 6/19/2020 to add MOTION to Compel and edit docket text (vso). |
| Filing 32 ***FILED IN ERROR - Duplicate as in D.E. #31 ***Summons Issued as to JC Brokerage, Inc. (Attachments: #1 Summons) (vdm) Modified on 6/18/2020 (gav). |
| Filing 31 Summons Issued as to JC Brokerage, Inc. (Attachments: #1 Summons) (arg) |
| NOTICE of Docket Text Modification by Deputy Clerk re: #32 Summons Issued. ***FILED IN ERROR - Duplicate as in D.E. #31 *** (gav) |
| Filing 30 AMENDED COMPLAINT against JC Brokerage, Inc., filed by Sun Commodities, Inc.. (Attachments: #1 Exhibit A to First Amended Complaint, #2 Summons as to JC Brokerage, Inc.)(Fernandez, Orlando) |
| Filing 29 MOTION to Amend Preliminary Injunction Order re: #27 Preliminary Injunction, INFORMATIVE Motion on Payroll Payment Under CARES Act re: 26 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Motion Hearing, filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Responses due by 6/25/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit PPP Fact Sheet, #2 Exhibit Joint Statement, #3 Exhibit Email dated April 22, 2020 to Mrs. Ruth Bernal, CFO of Plaintiff)(Related document(s) 26 , #27 ) (Ortega-Nunez, Miguel). Added INFORMATIVE Motion on 6/12/2020 and edited docket text (vso). |
| Filing 28 MOTION Submitting Certified Translations re #19 Response in Opposition to Motion filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Responses due by 6/22/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 5 of Docket No. 19, #2 Exhibit 6 of Docket No. 19, #3 Exhibit 7 of Docket No. 19, #4 Exhibit 8 of Docket No. 19, #5 Exhibit 9 of Docket No. 19, #6 Exhibit 10 of Docket No. 19)(Related document(s) #27 , 26 , #19 ) (Ortega-Nunez, Miguel) Modified on 6/9/2020 to edit relationships, edit docket text (vso). |
| NOTICE of Docket Text Modification by Deputy Clerk re: #23 MOTION Submitting Documents in the English Language. ***FILED IN ERROR: Lacking electronic signature (S/) pursuant to the 2014 CM/ECF Revised Manual, II.C.3.b. Counsel to re-file.*** (vso) |
| Filing 27 PRELIMINARY INJUNCTION. Signed by Judge William G. Young on 6/5/2020.(jg) |
| Filing 26 Minute Order. Proceedings held before Judge William G. Young: Motion Hearing held on 6/5/2020 re #8 MOTION for Preliminary Injunction and Memorandum of Law filed by Sun Commodities, Inc., #7 MOTION for Temporary Restraining Order without Notice, and Memorandum of Law filed by Sun Commodities, Inc. The motion for TRO is converted to motion for preliminary injunction. After hearing arguments of counsel, the Court grants preliminary injunction as to Island Fresh only, not the named defendant, in the amount of $95,000.00. Counsel shall confer and report to the deputy clerk by email when they would like to proceed to jury waived trial (expected to take three (3) days). Counsel for the plaintiff shall draft and submit a proposed preliminary injunction for the Court's review. It is expected that counsel will cooperate fully with expedited discovery. If there are any disputes, counsel may make a motion. If the matter were to settle, counsel shall notify the clerk. (Court Reporter Richard Romanow (bulldog@richromanow.com).)Hearing set for 10:00.Hearing held at 10:00.Hearing ended at 10:48. (jg) |
| Filing 25 NOTICE OF APPEARANCE filed by Gabriel A. Penagaricano on behalf of All Defendants. (Penagaricano, Gabriel) Modified on 6/8/2020 to correct event type (vso). |
| Filing 24 MOTION Submitting Exhibits filed by Gabriel A. Penagaricano on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 6/19/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 3, #2 Exhibit Exhibit 4, #3 Exhibit Exhibit 5, #4 Exhibit Exhibit 6, #5 Exhibit Exhibit 7, #6 Exhibit Exhibit 8, #7 Exhibit Exhibit 9, #8 Exhibit Exhibit 10, #9 Exhibit Exhibit 11, #10 Exhibit Exhibit 12, #11 Exhibit Exhibit 13, #12 Exhibit Exhibit 14, #13 Exhibit Exhibit 15, #14 Exhibit Exhibit 16, #15 Exhibit Exhibit 17, #16 Exhibit Exhibit 18, #17 Exhibit Exhibit 19, #18 Exhibit Exhibit 20 (2))(Penagaricano, Gabriel) |
| Filing 23 ***FILED IN ERROR: Lacking attorney's electronic signature (S/) pursuant to the 2014 CM/ECF Revised Manual, II.C.3.b. Counsel to re-file.*** MOTION Submitting Documents in the English Language re: #22 Notice of Filing Exhibits filed by Sun Commodities, Inc. filed by Orlando Fernandez on behalf of Sun Commodities, Inc. Responses due by 6/19/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 10 General Information, #2 Exhibit 11 Certificate of Incorporation)(Related document(s) #22 ) (Fernandez, Orlando) Modified on 6/8/2020 to file in error (vso). |
| Filing 22 NOTICE of Filing Exhibits for TRO Hearing re 14 Order on Motion for Hearing, (Attachments: #1 Exhibit 5-11) (Fernandez, Orlando) |
| Filing 21 MOTION for Leave to File Document in excess of pages under Local Rule 7(d) filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 6/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortega-Nunez, Miguel) Modified on 6/5/2020 to change italics (vso). |
| Filing 20 MOTION for Leave to File Spanish language documents, MOTION for Extension of Time to file Certified Translations filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 6/18/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Ortega-Nunez, Miguel). Added MOTION for Extension of Time on 6/5/2020 and edited docket text (vso). |
| Filing 19 RESPONSE in Opposition to Motion Requesting TRO filed by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Re: 9 Order,, #7 MOTION for Temporary Restraining Order without Notice, and Memorandum of Law filed by Sun Commodities, Inc. filed by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. (Attachments: #1 Exhibit Unsworn Statement Under Penalty of Perjury by Mr. Jorge Mayendia, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit)(Ortega-Nunez, Miguel) |
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Filing 18
ORDER denying #16 Emergency Motion for Reconsideration and Rescheduling of Hearing re 14 Order on Motion for Hearing, filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. Signed by Judge William G. Young on 6/4/2020. (jg)
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| Filing 17 RESPONSE to Motion for Reconsideration and Rescheduling of Hearing filed by Sun Commodities, Inc. Re: #16 Emergency MOTION for Reconsideration re 14 Order on Motion for Hearing, filed by Jorge Mayendia Valdes, Island Fresh de Puerto Rico, Inc. filed by Sun Commodities, Inc.. (Fernandez, Orlando) Modified on 6/4/2020 to change italics (vso). |
| Filing 16 Emergency MOTION for Reconsideration and Rescheduling of Hearing re 14 Order on Motion for Hearing, filed by Miguel J. Ortega-Nunez on behalf of Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Responses due by 6/17/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 14 ) (Ortega-Nunez, Miguel) Modified on 6/4/2020 to add rescheduling of hearing to motion title (vso). |
| Filing 15 SUMMONS Returned Executed by Sun Commodities, Inc. upon Island Fresh de Puerto Rico, Inc. served on 6/3/2020, answer due 6/24/2020; Jorge Mayendia Valdes served on 6/3/2020, answer due 6/24/2020. (Fernandez, Orlando) |
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Filing 14
ORDER granting #12 Motion for Hearing. TRO Hearing set for 6/5/2020 10:00 AM by video (zoom) before Judge William G. Young. Zoom meeting information to be sent to counsel by email. Signed by Judge William G. Young on 6/3/2020. (jg)
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| Filing 13 RESPONSE in Opposition to Motion and Special Appearance without Submitting to the Honorable Court's Jurisdiction filed by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes Re: 9 Order,, #12 MOTION for Hearing on Motion for TRO re 9 Order,, filed by Sun Commodities, Inc. filed by Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Ortega-Nunez, Miguel) |
| Filing 12 MOTION for Hearing on Motion for TRO re 9 Order,, filed by Orlando Fernandez on behalf of Sun Commodities, Inc. Responses due by 6/16/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 9 ) (Fernandez, Orlando) |
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Filing 11
ORDER granting #10 Motion to Appear PHV Signed by Judge William G. Young on 5/28/2020. (EES)
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| Filing 10 Motion to allow Robert E Goldman to appear pro hac vice (Pro Hac fee $300 receipt number 0104-6898541) filed by Orlando Fernandez on behalf of Sun Commodities, Inc. Responses due by 6/11/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fernandez, Orlando) |
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Filing 9
ORDER re #7 MOTION for Temporary Restraining Order without Notice, and Memorandum of Law filed by Sun Commodities, Inc. Plaintiffs Motion for Temporary Restraining Order without Notice (ECF No. 7) is DENIED only to the extent it seeks ex-parte relief. The Court will promptly schedule a hearing on the motion for Temporary Restraining Order upon service of the complaint and pending motions. Counsel shall notify the clerk by email at: Jennifer_Gaudet@mad.uscourts.gov once proper service has been made. Signed by Judge William G. Young on 5/28/2020.(jg)
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| Filing 8 MOTION for Preliminary Injunction and Memorandum of Law filed by Orlando Fernandez on behalf of Sun Commodities, Inc. Responses due by 6/10/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Text of Proposed Order)(Fernandez, Orlando) Modified on 5/28/2020 change italics (gav). |
| Filing 7 MOTION for Temporary Restraining Order without Notice, and Memorandum of Law filed by Orlando Fernandez on behalf of Sun Commodities, Inc. Responses due by 6/10/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Declaration of Priscilla Aleman, #2 Exhibit Declaration of Jason Stavrakis, #3 Exhibit Declaration of Ruth Bernal, #4 Exhibit Prior TRO's, #5 Exhibit Attorney Certification, #6 Text of Proposed Order)(Fernandez, Orlando) Modified on 5/28/2020 change italics (gav). |
| Filing 6 Summons Issued as to Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes (Attachments: #1 Summons) (arg) |
| Filing 5 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge William G. Young (arg) |
| Filing 4 Corporate Disclosure Statement bySun Commodities, Inc.. (Fernandez, Orlando) |
| Filing 3 NOTICE of Filing Exhibits Civil Cover Sheet, Category Sheet re #2 Notice of Defective Filing (Attachments: #1 Civil Cover Sheet, #2 Category Sheet) (Fernandez, Orlando) |
| Filing 2 CLERK'S NOTICE OF DEFECTIVE FILING.Category sheet not included electronically pursuant to L.Civ.R. 3(a). Notice of Compliance Deadline due by 5/26/2020. (arg) |
| Filing 1 COMPLAINT against Island Fresh de Puerto Rico, Inc., Jorge Mayendia Valdes ( Filing fee $400 receipt number 0104-6892365.), filed by Sun Commodities, Inc. d/b/a Sun International Produce Co. and d/b/a Global Maritime Supply. Service due by 8/19/2020, (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Civil Cover Sheet, #10 Summons Island Fresh, #11 Summons Jorge Mayendia)(Fernandez, Orlando) |
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