Daylight Foods Inc v. CM Ebar LLC et al
Plaintiff: Daylight Foods Inc
Defendant: CM Ebar LLC, Akash Bhakta and Ronak Praikh
Case Number: 3:2017cv00289
Filed: January 31, 2017
Court: US District Court for the Northern District of Texas
Office: Dallas Office
County: Dallas
Presiding Judge: David C Godbey
Nature of Suit: Other Statutes: Agricultural Acts
Cause of Action: 07 U.S.C. § 499 Agricultural Commodities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 3, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2018 Opinion or Order Filing 34 ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT, CM EBAR, LLC re: #33 Motion for Voluntary Dismissal. (Ordered by Judge David C Godbey on 8/3/2018) (epm)
July 10, 2018 Filing 33 MOTION for Voluntary Dismissal without Prejudice as to Defendant, CM Ebar LLC filed by Daylight Foods Inc (Yaquinto, Robert)
July 5, 2018 Filing 32 NOTICE of Confirmation of Bankruptcy Plan of Reorganization filed by Daylight Foods Inc (Yaquinto, Robert)
December 12, 2017 Case Stayed per Suggestion of Bankruptcy at docket #31 . (cea)
December 12, 2017 Filing 31 SUGGESTION OF BANKRUPTCY Upon the Record as to CM Ebar, LLC , by Daylight Foods Inc. (Yaquinto, Robert)
December 11, 2017 Opinion or Order Filing 30 ORDER granting #29 Daylight's motion to reopen this case and lifts the stay on execution of the judgment against CM Ebar. (Ordered by Judge David C Godbey on 12/11/2017) (svc)
July 6, 2017 Filing 29 MOTION to Reopen Case and Lift Stay of Execution filed by Daylight Foods Inc (Attachments: #1 Declaration(s) of Paul Jennings, #2 Declaration(s) of MJ Fassett) (Yaquinto, Robert)
April 14, 2017 Opinion or Order Filing 28 ORDER AND JUDGMENT in favor of Plaintiff, Daylight Foods Inc and against Defendant CM Ebar LLC in the amount of $41,538.19, with post-judgmentinterest and costs. (Ordered by Judge David C Godbey on 4/14/2017) (axm)
April 11, 2017 Opinion or Order Filing 27 ELECTRONIC ORDER finding as moot #20 Motion for Default Judgment per #26 Notice of Dismissal. (Ordered by Judge David C Godbey on 4/11/2017) (chmb)
April 10, 2017 Filing 26 NOTICE of Dismissal with Prejudice as to Defendant Akash Bhakta re: #1 Complaint,,,, filed by Daylight Foods Inc (Yaquinto, Robert)
April 7, 2017 Filing 25 STIPULATION to Entry of Order and Judgment by Daylight Foods Inc. (Yaquinto, Robert)
March 14, 2017 Filing 24 Declaration of Paul Jennings in Support filed by Daylight Foods Inc re #20 MOTION for Default Judgment against Akash Bhakta, CM Ebar LLC. (Attachments: #1 Exhibit(s) C-1, #2 Exhibit(s) C-2, #3 Exhibit(s) C-3, #4 Exhibit(s) C-4, #5 Exhibit(s) C-5, #6 Exhibit(s) C-6) (Yaquinto, Robert) Modified event text on 3/15/2017 (axm).
March 14, 2017 Filing 23 Declaration of Mary Jean Fassett in Support of Plaintiff's Request for Award of Attorney's Fees filed by Daylight Foods Inc re #20 MOTION for Default Judgment against Akash Bhakta, CM Ebar LLC. (Yaquinto, Robert) Modified event text on 3/15/2017 (axm).
March 14, 2017 Filing 22 Declaration of Robert Yaquinto, Jr. in Support of Plaintiff's Request for Award of Attorney's Fees filed by Daylight Foods Inc re: #20 MOTION for Default Judgment against Akash Bhakta, CM Ebar LLC (Yaquinto, Robert) Modified event text on 3/15/2017 (axm).
March 14, 2017 Filing 21 Brief/Memorandum in Support filed by Daylight Foods Inc re #20 MOTION for Default Judgment against Akash Bhakta, CM Ebar LLC (Yaquinto, Robert)
March 14, 2017 Filing 20 MOTION for Default Judgment against Akash Bhakta, CM Ebar LLC filed by Daylight Foods Inc (Yaquinto, Robert)
March 14, 2017 Filing 19 NOTICE of Dismissal of Defendant, Ronak Parikh filed by Daylight Foods Inc (Yaquinto, Robert)
March 8, 2017 Filing 18 SUMMONS Returned Executed as to CM Ebar LLC; served on 2/10/2017. (Yaquinto, Robert)
February 16, 2017 Filing 17 SUMMONS Returned Executed as to Akash Bhakta; served on 2/8/2017. (sss)
February 15, 2017 Opinion or Order Filing 16 STIPULATION AND ORDER: Plaintiff hereby authorizes Wells Fargo to release the Accounts for the purpose of fulfilling the terms of this stipulation. Defendants hereby authorize Wells Fargo to deliver to plaintiff the sum of $111,806.35 of the funds presently in the Accounts (the "Funds"). The Clerk of the Court shall return the sum of $11,180.00 posted by plaintiff as bond to plaintiff's attorney, Sherman & Yaquinto, L.L.P., at their office located at 509 N. Montclair Avenue, Dallas, Texas 75208-5450. (Ordered by Judge David C Godbey on 2/15/2017) (sss)
February 13, 2017 Opinion or Order Filing 15 STIPULATION and ORDER. by Daylight Foods Inc. (Yaquinto, Robert)
February 2, 2017 Opinion or Order Filing 14 ORDER: This Order addresses Plaintiff Daylight Foods, Inc.'s ("Daylight") motion for temporary retraining order ("TRO") #2 . The Court grants Daylight's motion pending its consideration of Daylight's motion for a preliminary injunction #3 . Thus, the Court enjoins Defendant CM Ebar, LLC ("Ebar") as set forth below from dissipating any funds they hold in constructive trust on Daylight's behalf under the Perishable Agricultural Commodities Act ("PACA")1 until the earlier of: (1) fourteen (14) days from the date of the TRO, or (2) the Courts ruling on the motion for preliminary injunction. (Ordered by Judge David C Godbey on 2/2/2017) (ndt)
January 31, 2017 Filing 13 Summons Issued as to Akash Bhakta, CM Ebar LLC, Ronak Praikh. (ndt)
January 31, 2017 Filing 12 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (ndt)
January 31, 2017 Filing 11 Request for Clerk to issue Summons to Ronak Parikh filed by Daylight Foods, Inc.. (Yaquinto, Robert)
January 31, 2017 Filing 10 Request for Clerk to issue Summons for Akash Bhakta filed by Daylight Foods, Inc.. (Yaquinto, Robert)
January 31, 2017 Filing 9 Request for Clerk to issue Summons to CM Ebar, LLC filed by Daylight Foods, Inc.. (Yaquinto, Robert)
January 31, 2017 Filing 8 ADDITIONAL ATTACHMENTS to #1 Complaint by Plaintiff Daylight Foods, Inc. (Yaquinto, Robert)
January 31, 2017 Filing 7 Supplemental Document by Daylight Foods, Inc. as to #2 MOTION for Temporary Restraining Order Without Notice. Attorney Certification Why Notice Should Not Be Required Pursuant to Fed. R.Civ. P. 65(b) and of Conference Efforts Pursuant to Local Civil Rule 7.1(D).. (Yaquinto, Robert)
January 31, 2017 Filing 6 AFFIDAVIT re #2 MOTION for Temporary Restraining Order Without Notice., #3 MOTION for Injunction - Preliminary. Declaration in Support of Plaintiff's Motions for a Temporary Restraining and Preliminary Injunction by Daylight Foods, Inc.. (Yaquinto, Robert)
January 31, 2017 Filing 5 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Daylight Foods, Inc.. (Yaquinto, Robert)
January 31, 2017 Filing 4 Brief/Memorandum in Support filed by Daylight Foods, Inc. re #2 MOTION for Temporary Restraining Order Without Notice., #3 MOTION for Injunction - Preliminary. (Yaquinto, Robert)
January 31, 2017 Filing 3 MOTION for Injunction - Preliminary. filed by Daylight Foods, Inc. (Yaquinto, Robert)
January 31, 2017 Filing 2 MOTION for Temporary Restraining Order Without Notice. filed by Daylight Foods, Inc. (Yaquinto, Robert)
January 31, 2017 Filing 1 COMPLAINT against All Defendants filed by Daylight Foods, Inc.. (Filing fee $400; Receipt number 0539-8174171) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Yaquinto, Robert)

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Plaintiff: Daylight Foods Inc
Represented By: Robert Yaquinto, Jr
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Defendant: CM Ebar LLC
Represented By: Jeff A Wells
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Defendant: Akash Bhakta
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Defendant: Ronak Praikh
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