G&P Warehouse, Inc. v. A&N Food Enterprises Inc. et al

New York Southern District Court
Judge:Vernon S Broderick
Case #: 1:17-cv-02847
Nature of Suit891 Other Statutes - Agricultural Acts
Cause07:499 Agricultural Commodities Act
Case Filed:Apr 20, 2017
Terminated:May 01, 2017
Last checked: Tuesday Oct 17, 2017 5:45 AM EDT
Defendant
A&N Food Enterprises Inc.
Defendant
Brook's Ave Food Advantage Corp.
Defendant
Neftali Medina
Defendant
Yokasta D. Medina
Defendant
N&A Produce & Grocery Corp.
Plaintiff
G&P Warehouse, Inc.
Represented By
Gregory Adam Brown
Mccarron & Diess
contact info


Docket last updated: 5 hours ago
Friday, October 19, 2018
23 23 misc Status Report Fri 10/19 11:34 AM
STATUS REPORT. and Notice of Withdrawal of Motion for Contempt Without Prejudice and Without Costs Document filed by G&P Warehouse, Inc..(Brown, Gregory)
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Wednesday, October 10, 2018
22 22 1 pgs order Order Wed 10/10 4:18 PM
ORDER: On June 21, 2017, I so ordered a final order and judgment in this matter. (Doc. 13.) On September 12, 2017, I entered an order to show cause why an order should not be entered holding Defendants in contempt for willfully failing to comply with the June 21 judgment and Plaintiffs efforts to obtain discovery from Defendants in aid of execution of the judgment. (Doc. 14.) On October 12, 2017, I held an order to show cause hearing and instructed the parties to submit a status update by October 26, 2017. On October 26 and 27, 2017, the parties submitted status update letters outlining disputes pertaining to the exchange of certain discovery and the taking of the deposition of Defendant Medina. To date, I have not heard from the parties. Accordingly, it is hereby: ORDERED that, on or before October 19, 2018, the parties are directed to submit a joint update regarding the status of this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/10/2018) (rro)
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Monday, October 30, 2017
21 21 motion Appear Mon 10/30 2:51 PM
MOTION for Leave to Appear notice of appearance . Document filed by Yokasta D. Medina.(Walker, Francisco)
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misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Mon 10/30 10:35 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Francisco Serrano Walker to RE-FILE Document 20 Notice of Appearance. ERROR(S): No signature or s/. (db)
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Friday, October 27, 2017
20 20 notice Notice of Appearance Fri 10/27 5:01 PM
NOTICE OF APPEARANCE by Francisco Serrano Walker on behalf of Yokasta D. Medina. (Walker, Francisco)
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19 19 misc Letter Fri 10/27 3:57 PM
LETTER addressed to Judge Vernon S. Broderick from Francisco Serrano-Walker dated 10/26/2017 re: status report. Document filed by Yokasta D. Medina.(Walker, Francisco)
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Thursday, October 26, 2017
18 18 misc Status Report Thu 10/26 12:52 PM
STATUS REPORT. Document filed by G&P Warehouse, Inc..(Brown, Gregory)
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Thursday, October 12, 2017
minutes Show Cause Hearing Fri 10/13 4:20 PM
Minute Entry for proceedings held before Judge Vernon S. Broderick: Show Cause Hearing held on 10/12/2017. On or before October 26, 2017, the parties shall submit a status update regarding, among other things: (1) whether the deposition of Ms. Medina has been scheduled, and (2) the status of the production of documents/requested discovery. The parties shall also update the Court regarding their meet and confer efforts regarding the other issues raised at the October 12 conference. Counsel for the defendants shall enter a notice of appearance by October 14. (Court Reporter Sam Mauro) (msa)
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Tuesday, September 12, 2017
17 17 service Certificate of Service Other Tue 09/12 1:55 PM
CERTIFICATE OF SERVICE of Order to Show Cause (Docket No. 14), together with all supporting documents served on Francisco Serrano, Esq., Counsel for Defendants on September 12, 2017. Service was made by Federal Express. Document filed by G&P Warehouse, Inc.. (Brown, Gregory)
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16 16 8 pgs respoth Memorandum of Law in Support (non-motion) Tue 09/12 1:26 PM
MEMORANDUM OF LAW in Support re:14 Order to Show Cause,, . Document filed by G&P Warehouse, Inc.. (Brown, Gregory)
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15 15 respoth Declaration in Support (non-motion) Tue 09/12 1:25 PM
DECLARATION of Gregory Brown in Support re:14 Order to Show Cause,,. Document filed by G&P Warehouse, Inc..(Brown, Gregory)
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Att: 1 Exhibit A through F
14 14 2 pgs order Order to Show Cause Tue 09/12 11:57 AM
ORDER TO SHOW CAUSE Show Cause Hearing set for 10/12/2017 at 03:30 PM in Courtroom 518, 40 Foley Square, New York, NY 10007 before Judge Vernon S. Broderick. It is hereby ORDERED, that a copy of this Order to Show Cause, together with the papers on which it is based, shall be served via Federal Express or other nationally recognized overnight delivery service on Francisco Serrano, Esq., counsel for Defendants, no later than September 15, 2017 at 5:00 PM; and it is further ORDERED, that opposition papers, if any, shall be filed and served by Defendants no later than September 29, 2017.Show Cause Response due by 9/29/2017. (Signed by Judge Vernon S. Broderick on 9/12/2017) (rj)
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Thursday, July 06, 2017
misc Remark Thu 07/06 9:12 AM
ABSTRACT OF JUDGMENT issued on July 6, 2017, in favor of G&P Warehouse, Inc., t/a FoodNation Produce Distributors, a/t/a Western Beef and against A&N Food Enterprises, Inc., t/a Compare Supermarket, Brooks Ave Food Advantage Corp., t/a Met Food Supermarket, and N&A Produce & Grocery Corp., t/a Pioneer Supermarket, Yokasta D. Medina and Neftali Medina, jointly and severally in the amount of $298,900.68. (km)
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Tuesday, June 20, 2017
12 12 misc Letter Tue 06/20 5:03 PM
LETTER addressed to Judge Vernon S. Broderick from Gregory Brown dated June 20, 2017 re: Request for Entry of Final Order and Judgment. Document filed by G&P Warehouse, Inc..(Brown, Gregory)
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Att: 1 Affidavit / Declaration in Support of Request to Enter Final Judgment,
Att: 2 Exhibit A through E
Monday, May 01, 2017
11 11 order Stipulation and Order Mon 05/01 12:49 PM
STIPULATION AND ORDER: Plaintiff is a qualified trust creditor and beneficiary under the provisions of the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a, et seq. ("PACA"), of Defendants, jointly and severally, for a debt in the principal amount of $393,618.94, plus reasonable attorneys' fees and legal expenses incurred by Plaintiff in the amount of $8,000.00 for a total debt under PACA in the amount of $401,618.94 (the "PACA Trust Debt"). For full and final satisfaction of Plaintiff's claims, subject to the terms and conditions of this Stipulation and Order, Defendants shall pay to Plaintiff the full amount of the PACA Trust Debt as follows: the sum of $50,000.00 upon execution of this Stipulation and Order and the balance of $351,618.94, in separate, weekly installments of $10,000.00 each commencing on Monday, May 8, 2017 and continuing on each Monday thereafter, until the PACA Trust Debt is paid in full. All payments to be made under this Stipulation and Order shall be paid so as to be received on or before 3:00 PM on the date due, TIME BEING OF THE ESSENCE. All payments shall be made by bank check, money order or wire transfer and shall be paid so as to be received by Plaintiff on or before the date and time payment is due. All payments shall be made payable to "G&P Warehouse, Inc., t/a FoodNation Produce Distributors, a/t/a Western Beef" and delivered to Plaintiff at 4705 Metropolitan Avenue, Ridgewood, NY 11385; as further set forth herein. The Court shall retain jurisdiction over this action and the parties during the pendency of the application of this Stipulation and Order in order to enforce the terms and conditions hereof. This case shall be administratively closed, but may be reopened to enforce the terms and conditions of the Stipulation and Order without further costs or fees. This Stipulation and Order constitutes the entire understanding of the Parties and may not be changed unless in a written agreement signed by all parties or their representatives. (Signed by Judge Vernon S. Broderick on 5/1/2017) (mro)
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Friday, April 21, 2017
10 10 service Affidavit of Service Complaints Fri 04/21 1:23 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. A&N Food Enterprises Inc. served on 4/21/2017, answer due 5/12/2017; Brook's Ave Food Advantage Corp. served on 4/21/2017, answer due 5/12/2017; Neftali Medina served on 4/21/2017, answer due 5/12/2017; Yokasta D. Medina served on 4/21/2017, answer due 5/12/2017; N&A Produce & Grocery Corp. served on 4/21/2017, answer due 5/12/2017. Service was made by Federal Express. Document filed by G&P Warehouse, Inc..(Brown, Gregory)
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Att: 1 Exhibit A
Thursday, April 20, 2017
9 9 order Order to Show Cause Thu 04/20 3:27 PM
ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE PURSUANT TO FED. R. CIV. P. 65: It is ORDERED, that the above-named Defendants show cause before this Court at Room 110 United States District Court for the Southern District of New York, 40 Foley Square, New York, New York 10007 on May 12, 2017 at 11:00 o'clock a.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the Defendants, their customers, agents, employees, officers, directors, subsidiaries, related entities, assigns and banking institutions, during the pendency of this action, from alienating, dissipating, paying over or assigning any assets of defendants A&N Food Enterprises Inc., t/a Compare Supermarket ("Compare Supermarket"), Brook's Ave Food Advantage Corp., t/a Met Food Supermarket ("Met Food Supermarket"), and N&A Produce & Grocery Corp., t/a Pioneer Supermarket ("Pioneer Supermarket") (Compare Supermarket, Met Food Supermarket and Pioneer Supermarket collectively, the "Medina Companies"), or their subsidiaries or related companies, except for payment to Plaintiff; until further order of this Court or until Defendants pay Plaintiff the sum of $129,666.71 by bank check or wire transfer, at which time this Order is dissolved; and it is further ORDERED, that, sufficient reason having been shown therefore, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Fed. R. Civ. P. 65, Defendants, their customers, agents, employees, officers, directors, subsidiaries, related entities, assigns and banking institutions are temporarily restrained and enjoined from alienating, dissipating, paying over or assigning any assets of the Medina Companies, or any subsidiaries or related companies, except for payment to Plaintiff until further order of this Court or until Defendants pay Plaintiff the sum of $129,666.71 by bank check or wire transfer, at which time this Order is dissolved; and it is further ORDERED that in the event Defendants fail to pay Plaintiff the sum of $129,666.71 by bank check or wire transfer within two (2) business days of service of this Order, then Defendants shall file with this Court, with a copy to Plaintiff's counsel, an accounting which identifies the assets and liabilities and accounts receivable reports of the Medina Companies signed under penalty of perjury; and that Defendants shall also supply to Plaintiff's attorney, within five (5) days of the date of this Order, any and all documents in their possession, custody or control related to the assets and liabilities of the Medina Companies and any related and subsidiary companies, including, but not limited to, the most recent balance sheets, profit/loss statements, accounts receivable reports, accounts payable reports, accounts paid records and income tax returns and bank statements with cancelled checks for the last 90 days; and it is further ORDERED that bond shall be waived in view of Defendants now holding $129,666.71 worth of Plaintiff's assets; and it is fort her ORDERED that service of a copy of this order and the papers upon which it is based, together with the summons and complaint, by Federal Express or other nationally recognized overnight delivery service upon the Defendants on or before April 24, 2017, shall be deemed good and sufficient service thereof; and it is further ORDERED that answering papers, if any shall be served by Defendants so as to be received by Plaintiff's counsel at least 48 hours prior to the return date set forth herein, and courtesy copies of any such answering papers shall be delivered to chambers at least 48 hours prior to the return date set forth herein. Show Cause Hearing set for 5/12/2017 at 11:00 AM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 4/20/2017) (cla)
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8 8 respm Memorandum of Law in Support of Motion Thu 04/20 1:59 PM
MEMORANDUM OF LAW in Support re:6 MOTION for Preliminary Injunction .,5 MOTION for Temporary Restraining Order . . Document filed by G&P Warehouse, Inc.. (Brown, Gregory)
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7 7 respm Declaration in Support of Motion Thu 04/20 1:59 PM
DECLARATION of Erma Camporese in Support re:6 MOTION for Preliminary Injunction .,5 MOTION for Temporary Restraining Order .. Document filed by G&P Warehouse, Inc..(Brown, Gregory)
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Att: 1 Exhibit A through D
6 6 motion Preliminary Injunction Thu 04/20 1:57 PM
MOTION for Preliminary Injunction . Document filed by G&P Warehouse, Inc..(Brown, Gregory)
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5 5 motion Temporary Restraining Order Thu 04/20 1:57 PM
MOTION for Temporary Restraining Order . Document filed by G&P Warehouse, Inc..(Brown, Gregory)
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Att: 1 Affidavit / Certificate of Counsel Pursuant to Fed. R. Civ. P. 65(b),
Att: 2 Text of Proposed Order
4 4 misc Rule 7.1 Corporate Disclosure Statement Thu 04/20 1:55 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by G&P Warehouse, Inc..(Brown, Gregory)
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3 3 misc Civil Cover Sheet Thu 04/20 1:54 PM
CIVIL COVER SHEET filed. (Brown, Gregory)
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2 2 misc Civil Cover Sheet Thu 04/20 1:35 PM
CIVIL COVER SHEET filed. (pc) (pc)
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1 1 cmp Complaint Thu 04/20 1:35 PM
COMPLAINT against A&N Food Enterprises Inc., Brook's Ave Food Advantage Corp., Neftali Medina, Yokasta D. Medina, N&A Produce & Grocery Corp.. (Filing Fee $ 400.00, Receipt Number 465401179806)Document filed by G&P Warehouse, Inc..(pc) (pc)
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service Summons Issued Thu 04/20 1:36 PM
SUMMONS ISSUED as to A&N Food Enterprises Inc., Brook's Ave Food Advantage Corp., Neftali Medina, Yokasta D. Medina, N&A Produce & Grocery Corp.. (pc)
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utility Case Designation Thu 04/20 1:36 PM
Magistrate Judge Gabriel W. Gorenstein is so designated. (pc)
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utility Case Designated ECF Thu 04/20 1:36 PM
Case Designated ECF. (pc)
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misc Note to Attorney to E-Mail PDF Thu 04/20 1:37 PM
***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Gregory Adam Brown for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, 2 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (pc)
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