CUSTOM PAK BROKERAGE, LLC v. DANDREA PRODUCE, INC. et al
Filing
131
MEMORANDUM OPINION & ORDER denying without prejudice 101 Motion for Sanctions; 107 Motion to Dismiss and 108 Motion for Sanctions. ORDER that Custom Pak and Geragi shall attend, within 60 days of the date of this Order, mediation on a date mutually agreed upon by the parties. Signed by Judge Noel L. Hillman on 9/29/2015. (tf, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CUSTOM PAK BROKERAGE, LLC,
Civil No. 13-5592 (NLH/AMD)
Plaintiff,
MEMORANDUM OPINION & ORDER
v.
DANDREA PRODUCE, INC.,
RONALD P. DANDREA, FRANK S.
DANDREA, STEVEN P. DANDREA,
and JEFFREY J. GERAGI,
Defendants.
APPEARANCES:
THOMAS G. ALJIAN, JR.
ALJIAN & MONTGOMERY
16 MAPLE DR
COLTS NECK, NJ 07722
MICHAEL J. KEATON
SCOTT E. HILLISON
KEATON LAW FIRM, P.C.
707 LAKE COOK ROAD, SUITE 300
DEERFIELD, ILLINOIS 60015
On behalf of plaintiff
MICHAEL L. STONBERG
KENNY SHELTON LIPTAK NOWAK LLP
505 EIGTH AVENUE, SUITE 2302
NEW YORK, NY 10018
On behalf of the Dandrea defendants
JEFFREY J. GERAGI
6840 TOWN HARBOUR BLVD. #3423
BOCA RATON, FL 33433
Appearing pro se
HILLMAN, District Judge
Presently pending before the Court are the motions of
plaintiff, Custom Pak Brokerage, LLC, to dismiss the
counterclaim asserted by defendant, Jeffrey Geragi, appearing
pro se, and for sanctions against Geragi for his failure to
voluntarily withdraw his counterclaim, and for his failure to
appear at a scheduled deposition; and
This matter concerning unpaid invoices for watermelons
Custom Pak sold to defendant Dandrea Produce, which employed
Geragi as a salesperson; and
This matter also concerning Custom Pak’s claims against
Geragi for breach of fiduciary duty and tortious interference
with contractual relations, claiming the Dandrea defendants
informed Custom Pak that Geragi, as Custom Pak’s agent, agreed
to much lower pricing than what was stated on Custom Pak’s
invoices, and that Geragi retroactively tried to reduce the
agreed upon price between Custom Pak and Dandrea in order to
secure employment with Dandrea; and
Geragi advancing a counterclaim against Custom Pak, the
entirety of which states:
1. Jeff Geragi is an individual who lives in Palm Beach
County Florida.
2. CP is a Florida corporation located in Boca Raton.
3. After CP terminated my employment during about July of
2014, CP made verbal defamatory statements about me to
people in the produce industry, including statements that I
had stolen money from CP, and that I had manipulated CP's
accounting system for the benefit of myself and Dandrea
Produce.
4. These statements were untrue. The untrue statements have
caused me to lose money.
5. The untrue statements were made with malice.
I request that I be awarded money from Custom Pak due to
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its defamatory statements.
(Docket No. 100-1); and
Custom Pak having filed a motion to dismiss Geragi’s
counterclaim for failure to state a claim, as well as having
filed a motion for sanctions pursuant to Federal Civil Procedure
Rule 11 for his failure to withdraw his counterclaim; and
Custom Pak also having filed a motion for sanctions against
Geragi for his failure to appear at a scheduled deposition; and
Geragi having opposed Custom Pak’s motions; but
The Court noting that Custom Pak, Dandrea, and Geragi
having recently engaged in extensive mediation, the result of
which was a successful settlement between Custom Pak and Dandrea
(see Docket No. 129); and
The Court finding that the mediation of Custom Pak’s and
Geragi’s claims would be beneficial to the final resolution of
this case, see Local Civil Rule 301.1(d), which provides, “Each
Judge and Magistrate Judge may, without the consent of the
parties, refer any civil action to mediation”;
Accordingly,
IT IS on this
29th
day of
September , 2015
ORDERED that Custom Pak’s motions [101, 107, 108] be, and
the same hereby are, DENIED without prejudice; and it is further
ORDERED that Custom Pak and Geragi shall attend, within 60
days of the date of this Order, mediation on a date mutually
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agreed upon by the parties; and it is further
ORDERED that the parties shall keep the Court apprised of
the date of the mediation, and they shall report to the Court
the outcome of mediation.
At Camden, New Jersey
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.
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