NYC Tropical House Inc. v. Central Produce Corp. et al

Filing 18

ORDER: Plaintiff commenced this action by filing the complaint on October 1, 2024. Dkt. No. 1. On December 9, 2024, Plaintiff filed an affidavit stating that process was served on Defendants on December 6, 2024. Dkt. No. 12. As of the date o f this order, Defendants have not appeared in this action. On December 3, 2024, the Court issued an order that Defendants show cause why the Court should not issue a preliminary injunction pursuant to Fed. R. Civ. P. 65 in this case. Dkt. No. 10 . The order to show cause was served on Defendants on December 6, 2024. Dkt. No. 12. The Court held a hearing on the record on January 7, 2025. Defendants did not appear at the hearing either in person or through counsel. On January 19, 2025, the C ourt issued a preliminary injunction pursuant to Fed. R. Civ. P. 65, ordering that Defendants and their agents are enjoined from alienating, dissipating, paying over, or assigning any assets or deposits of Defendant Central Produce Corp. during th e pendency of this action, except as necessary to make payment to Plaintiff. Dkt. No. 17. Because Defendants have been served and the deadline for Defendants to timely answer the complaint has passed, and because the Court has issued a preliminary i njunction, the Court expects that no later than March 31, 2025, Plaintiff will file an application for the entry of default and for an order to show cause why default judgment should not be granted. The Court expects that any application for an or der to show cause why default judgment should not be granted will comply with the Court's Individual Rules of Practice in Civil Cases, specifically Attachment A to the Individual Rules. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/10/2025) (ar) (Main Document 18 replaced on 3/10/2025)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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NYC TROPICAL HOUSE INC.,
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Plaintiff,
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-v:
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CENTRAL PRODUCE CORP., et al.,
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Defendants. :
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GREGORY H. WOODS, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 3/10/2025

1:24-cv-7407-GHW
ORDER

Plaintiff commenced this action by filing the complaint on October 1, 2024. Dkt. No. 1.
On December 9, 2024, Plaintiff filed an affidavit stating that process was served on Defendants on
December 6, 2024. Dkt. No. 12. As of the date of this order, Defendants have not appeared in this
action.
On December 3, 2024, the Court issued an order that Defendants show cause why the Court
should not issue a preliminary injunction pursuant to Fed. R. Civ. P. 65 in this case. Dkt. No. 10.
The order to show cause was served on Defendants on December 6, 2024. Dkt. No. 12. The Court
held a hearing on the record on January 7, 2025. Defendants did not appear at the hearing either in
person or through counsel. On January 19, 2025, the Court issued a preliminary injunction pursuant
to Fed. R. Civ. P. 65, ordering that Defendants and their agents are enjoined from alienating,
dissipating, paying over, or assigning any assets or deposits of Defendant Central Produce Corp.
during the pendency of this action, except as necessary to make payment to Plaintiff. Dkt. No. 17.
Because Defendants have been served and the deadline for Defendants to timely answer the
complaint has passed, and because the Court has issued a preliminary injunction, the Court expects
that no later than March 31, 2025, Plaintiff will file an application for the entry of default and for an
order to show cause why default judgment should not be granted. The Court expects that any

application for an order to show cause why default judgment should not be granted will comply with
the Court’s Individual Rules of Practice in Civil Cases, specifically Attachment A to the Individual
Rules.
SO ORDERED.
Dated: March 10, 2025
New York, New York

__________________________________
GREGORY H. WOODS
United States District Judge

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