Rio Vista Ventures, LLC v. Valvilla Produce, LLC et al
| Rio Vista Ventures, LLC |
| Valvilla Produce, LLC and Luis Alberto Valencia Villa |
| 7:2020cv00325 |
| October 15, 2020 |
| US District Court for the Southern District of Texas |
| Micaela Alvarez |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| None |
Docket Report
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This docket was last retrieved on December 9, 2020. A more recent docket listing may be available from PACER.
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Filing 24
ORDER (Joint Discovery/Case Management Plan due by 2/6/2021. Initial Conference reset for 2/16/2021 at 09:00 AM before Judge Micaela Alvarez)(Signed by Judge Micaela Alvarez) Parties notified.(kanelson, 7)
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| Filing 23 Unilateral Discovery/Case Management Plan Under FRCP 26(f) by Rio Vista Ventures, LLC, filed.(DeFalco, Steven) |
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Filing 22
ORDER Grants in Part #21 Amended MOTION to Expedite Discovery. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)
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| Filing 21 Amended MOTION to Expedite Discovery by Rio Vista Ventures, LLC, filed. Motion Docket Date 12/4/2020. (Attachments: #1 Proposed Order)(DeFalco, Steven) |
| Filing 20 PROPOSED ORDER re: #19 MOTION to Expedite Discovery MOTION for Leave to File Take Expedited Discovery, filed.(DeFalco, Steven) |
| Filing 19 MOTION to Expedite Discovery( Motion Docket Date 12/3/2020.), MOTION for Leave to File Take Expedited Discovery by Rio Vista Ventures, LLC, filed. (DeFalco, Steven) |
| Filing 18 Return of Service Unexecuted as to Valvilla Produce, LLC re: Summons, Complaint, Temporary Restraining Order, Order for Initial Conference, Ex Parte Motion, and Motion for Preliminary Injunction, filed.(DeFalco, Steven) |
| Filing 17 Return of Service Unexecuted as to Luis Alberto Valencia Villa re: Summons, Complaint, Temporary Restraining Order, Order for Initial Conference, Ex Parte Motion, and Motion for Preliminary Injunction, filed.(DeFalco, Steven) |
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Filing 16
PRELIMINARY INJUNCTION ORDER. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)
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| Minute Entry for proceedings held before Judge Micaela Alvarez. INJUNCTION HEARING held on 11/2/2020. The Court called the case but only Plaintiff appeared. Upon Plaintiffs motion and without objection, the Court admitted into evidence all exhibits filed in conjunction with Plaintiffs motion for a temporary restraining order and motion for preliminary injunction, in addition to Plaintiffs counsels declaration regarding contact with Defendants. On the basis of the evidence presented, the Court found that Plaintiff demonstrated a likelihood of success on the merits, irreparable injury if the preliminary injunction is not granted because a Perishable Agricultural Commodities Act trust is different from a mere account, that the threatened harm to Plaintiff if the injunction is not granted outweighs the threatened harm to Defendants, and that the public interest would not be disserved by the granting of a preliminary injunction. The Court GRANTED Plaintiffs motion for a preliminary injunction.The Court inquired about service and Plaintiff represented that it would file a motion for substitute service to serve Defendants in Mexico. The Court then excused Plaintiff.Minutes later, Defendant Luis Alberto Valencia Villa appeared via video. The Court admonished Defendant that the Court had already granted the preliminary injunction ordering Defendants not to dissipate the PACA trust and excused Plaintiff. The Court suggested Defendant communicate with Plaintiff to resolve this case and excused Defendant. Appearances:Steven DeFlaco (ERO: Xavier Avalos [9:10-9:16/9:18-9:22)., filed.(JulieSanchez,cp 7) |
| Filing 15 DECLARATION of Steven M. De Falco re: #8 MOTION for Preliminary Injunction, filed.(DeFalco, Steven) |
| Filing 14 CERTIFICATE OF SERVICE of #13 Order by Rio Vista Ventures, LLC, filed.(DeFalco, Steven) |
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Filing 13
ORDER re #11 MOTION for Steven M. De Falco and Plaintiff's Representative to Appear as via Video Conference or Telephonically for Hearing. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)
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| Filing 12 CERTIFICATE OF SERVICE of #9 Temporary Restraining Order,,, #8 MOTION for Preliminary Injunction, #7 Ex Parte SEALED MOTION for Temporary Restraining Order by Rio Vista Ventures, LLC, filed.(DeFalco, Steven) |
| Filing 11 MOTION for Steven M. De Falco and Plaintiff's Representative to Appear as via Video Conference or Telephonically for Hearing by Rio Vista Ventures, LLC, filed. Motion Docket Date 11/12/2020. (Attachments: #1 Proposed Order)(DeFalco, Steven) |
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Filing 9
TEMPORARY RESTRAINING ORDER re #7 Ex Parte SEALED MOTION for Temporary Restraining Order and Order granting #8 MOTION for Preliminary Injunction. (Injunction Hearing set for 11/2/2020 before Judge Micaela Alvarez) (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)
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Filing 10
ORDER regarding #4 Motion to Appear Pro Hac Vice. (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7)
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| Filing 8 MOTION for Preliminary Injunction by Rio Vista Ventures, LLC, filed. Motion Docket Date 11/5/2020. (Attachments: #1 Memorandum in Support of Motion for Preliminary Injunction, #2 Declaration of Plaintiff in Support of Motion for Preliminary Injunction)(DeFalco, Steven) |
| Filing 7 Ex Parte SEALED MOTION for Temporary Restraining Order by Rio Vista Ventures, LLC, filed. (Attachments: #1 Memorandum in Support of Ex Parte Motion for Temporary Restraining Order, #2 Declaration of Plaintiff in Support of Ex Parte Motion for Temporary Restraining Order, #3 Certification of Counsel, #4 Proposed Temporary Restraining Order) (DeFalco, Steven) |
| Filing 6 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(JenniferNogueira, 7) (Main Document 6 replaced on 10/15/2020) (JenniferNogueira, 7). (Main Document 6 replaced on 10/15/2020) (JenniferNogueira, 7). |
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Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/15/2020 at 09:00 AM before Judge Micaela Alvarez(by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)
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| Filing 4 MOTION for Steven M. De Falco to Appear Pro Hac Vice by Rio Vista Ventures, LLC, filed. Motion Docket Date 11/5/2020. (DeFalco, Steven) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Rio Vista Ventures, LLC, filed.(DeFalco, Steven) |
| Filing 2 Request for Issuance of Summons as to All Defendants, filed.(DeFalco, Steven) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-25359576) filed by Rio Vista Ventures, LLC. (Attachments: #1 Civil Cover Sheet)(DeFalco, Steven) |
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