Belleza Fruit, Inc. v. Suffolk Banana Co., Inc. et al

Filing 16

AMENDED ORDER: IS HEREBY ORDERED that the deft shall post the bond in the amount of $450,000.00 as hereinafter set forth, on or before 5:00 p.m. on the 25th day of June, 2012, and it is further that the bond posted by the deft shall issue to the order of the Clerk of the United States District Court for the Eastern District of New York, and shall provide as follows: It shall be a condition of this bond, that upon a termination of the within action, with a judgment in favor of deft, that the issuer shall be released of any further liability under this bond, and in the event of the entry of a final judgment in favor of the plaintiff against the deft, the issuer hereof shall pay over the sum of $450,000.00 to the Clerk of the United States District Court of the Eastern District of New York, or such lesser amount, as shall be equal to the final judgment entered by this court, and the Clerk of the Court shall hold such funds subject to further direction of this court. Ordered by Judge Sandra J. Feuerstein on 6/22/2012. (Florio, Lisa)

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Case 2:12-cv-03033-SJF-WDW Document 13 Filed 09~~/fj Lfet~ 1 of 3 PageiD II: 709 US OiSi~~'tK&,Ou'fr'CE " * TRIVELLA & FORTE, LLP Attorneys for Defendants 1311 Mamaroneck A venue, Suite 170 White Plains, New York I 0605 (914) 949-9075 JUN 21 2012 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------------------)( BELLEZA FRUIT, INC., Plaintiff, EDNY * JUN 2 2 2012 LONG ISLANI.J OfFICE Case No.: 12-CV-3033 (SJF)(WDW) -againstSUFFOLK BANANA CO., INC., LONG ISLAND BANANA CORP., LONG ISLAND BANANA, and THOMAS HOEY, JR., Defendants. -------------------------------------------------------------------------){ ~ Prt'le-ncl! d..oRDER Upon the application of the Plaintiff by the declaration of Andrew P. Persichetti, dated June 15,2012, the attorney certification of Laura M. Dilimetin, Esq., dated June 15,2012, and the Plaintiffs Memorandum of Law dated June 15,2012, seeking preliminary injunctive relief and a Temporary Restraining Order pursuant to Rule 65(a) of the Federal Rules of Civil Procedure enforcing a statutory trust pursuant to Section 5(c) of the Perishable Agricultural Commodities Act, 7 U.S.C. §499e(c) ("PACA") whereupon by Order of this Court, dated June 18, 2012, the Temporary Restraining Order was granted setting the following restrictions: (a) prohibited the alienation, dissipation, pay over or assignment of any PACA trust assets including Produce received by the Defendants in all transactions; (b) prohibited the dissipation, alienation, pay over or assignment of all inventories of food or other products derived from the Produce; (c) prohibited the alienation, dissipation, pay over or assignment of any receivables or proceeds from the sale of Produce; (d) restrained the Defendants bank accounts at Wells Fargo Bank l * 7007871.1 .Case 2:12-cv-03033-SJF-WDW Document 13 Filed 06/21/12 Page 2 of 3 PageiD #: 710 '·., > (account ending in 1688) and Wachovia Bank (account ending in 1662); and (e) restraining the Defendants accounts receivable, customer lists, any and all bank accounts and banking institutions that relate to funds belonging to Plainitff and/or real estate assets; Upon the opposition and cross-motion to dismiss of the Defendants submitted by Declaration ofThomas Hoey, dated June 20,2012 and Defendants' Memorandum of Law dated June 20,2012 and filed via ECF on June 20,2012 and said application having been orally argued before this Court on June 20, 2012 whereby the prior Order granting the Temporary Restraining Order was modified as follows: ~ IS HEREBY ORDERED that the defendant shall post the bond in the amount of ~as hereinafter set forth, on or before 5:00p.m. on the 25th day of June, 2012, and it is further · t the plaintiff may take no actions which are not in · ry course of ~ business, and may issue checks in payme d in the ordinary course of business ~ includin , ayroll taxes, insurance, vendors, and it is further day of June, 2012 is hereby ORDE .m. on the 25th day of June, 2012, and it is further ORDERED, that the bond posted by the defendant shall issue to the order of the Clerk of the United States District Court for the Eastern District of New York, and shall provide as follows: It shall be a condition of this bond, that upon a termination of the within action, with a judgment in favor of defendant, that the issuer shall be released of any further liability under this bond, and in the event of the entry of a final judgment in favor of the plaintiff 00 against the defendant, the issuer hereo.f shall pay over the sum of ~,900liiito the Clerk of the United States District Court of the Eastern District of New York, or such lesser amount, as shall be equal to the final judgment entered by this court, and the Clerk of the Court shall hold such funds subject to further direction of this court. 2 7007871.1 s/ Sandra J. Feuerstein -.J)CL-kcL: w/oJOljloL 0--t //.'%a. m u U.6.J).J'.

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