Muzzi Family Farms, LLC v. East & West Gourmet Food, Inc. et al

Filing 10

ORDER SETTING BRIEFING SCHEDULE AND HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER Set/Reset Deadlines as to 4 Ex Parte Application for Temporary Restraining Order or, Alternatively, for Preliminary Injunction. Responses due by 5/10/2016. Motion Hearing set for 5/12/2016 01:30 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 5/5/2016. (whalc2, COURT STAFF) (Filed on 5/5/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MUZZI FAMILY FARMS, LLC,

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For the Northern District of California

United States District Court

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No. C 16-02432 WHA

Plaintiff,
v.

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EAST & WEST GOURMET FOOD, INC.;
NAZIFA SIDIQ; RHATEB SIDIQ;
BILLAL SIDIQ,

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ORDER SETTING BRIEFING
SCHEDULE AND HEARING ON
MOTION FOR TEMPORARY
RESTRAINING ORDER

Defendants.

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Plaintiff Muzzi Family Farms, LLC, has filed an ex parte motion for a temporary

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restraining order requesting that defendants East & West Gourmet Food, Inc., Nazifa Sidiq,

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Rhateb Sidiq, and Billal Sidiq, be enjoined from doing the following (Mot. at 2):

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A.
Removing, withdrawing, transferring, assigning or selling
to any other person or entity, the proceeds from the sales of any or
all existing or future inventories of food, including but not limited
to inventory on hand, perishable agricultural commodities,
commodities, and/or other products derived from perishable,
including frozen, agricultural commodities, and or receipts of
payments for such commodities sold prior to the date of this order,
and/or otherwise disposing of corporate assets, books or funds;
B.
Taking any other action whatsoever which causes, has the
effect of causing, or which otherwise dissipates Plaintiff’s
beneficiary interests in the PACA trust assets;
C.
Taking any other action whatsoever which violates 7
U.S.C. §499e(c)(1) through (4) and 7 U.S.C. §499b(4) [§2 of the
Perishable Agricultural Commodities Act (“PACA”)];

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D.
Transferring, withdrawing, or in any other manner
removing PACA trust assets, including funds on deposit in
banking accounts held by or on behalf of Defendants at any and all
banking institutions, from Defendants’ banking accounts,
including but not limited to: (1) Defendants’ accounts with Wells
Fargo Bank; and, (2) any other accounts subsequently discovered
to be standing in any Defendants’ names.

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The motion also requests that defendants be ordered to (id. at 2–3):

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E.
Deposit in court or in a separate trust account to be opened
by Plaintiff’s attorneys, the trust assets, in an amount of at least
$66,095.72, which includes $62,121.60 in principal, plus interest
charges at the rate of 10% per annum accrued through May 3,
2016, in the amount of $3,574.12, plus costs of $400.00, all of
which is perfected under the PACA trust provisions pursuant to 7
U.S.C. §499(e)(c) et seq. In the event that Defendants lack
sufficient funds to promptly deposit the total sum requested,
Defendants shall transfer any and all monies in its bank accounts
or on hand with the registry of the Court or into a trust account in
the name of Plaintiff’s attorney. Any or all receivables or monies
which Defendants obtain subsequent to the $66,095.72 deposit
required above.

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For the Northern District of California

United States District Court

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F.
Authorize and [sic] any other banking institutions
maintaining subsequently discovered accounts standing in any
Defendants’ names to release information about the
above-described accounts, including the amounts contained in the
accounts, in confidence and only to the extent necessary to verify
compliance with the terms of this Order.

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Plaintiff is hereby ORDERED TO PERSONALLY SERVE ON ALL DEFENDANTS, by NOON
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ON MAY 6,

2016, the complaint in this case, the motion for a TRO (along with all

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accompanying exhibits and documents), and a copy of this order. Defendants shall respond to
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plaintiff’s motion by NOON ON MAY 10, 2016. A hearing on the motion for a TRO is hereby set
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for 1:30 P.M. ON MAY 12, 2016.
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IT IS SO ORDERED.
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Dated: May 5, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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