Harvest Food Group, Inc. v. Ascot Valley Foods, L.L.C., et al.
| Ohio Northern District Court | |
| Judge: | Sara Lioi |
| Case #: | 5:16-cv-02878 |
| Nature of Suit | 891 Other Statutes - Agricultural Acts |
| Cause | 07:499 Agricultural Commodities Act |
| Case Filed: | Nov 28, 2016 |
| Terminated: | Dec 09, 2016 |
| Last checked: Saturday May 27, 2017 5:26 AM EDT |
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Defendant
AVF Liquidation L.L.C.
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Represented By
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Defendant
Keith A. Kropp
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Defendant
Robert J. Shearer
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Represented By
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Defendant
AVF Holdings, L.L.C.
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Defendant
Ascot Valley Foods, L.L.C.
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Defendant
Derv Foods, L.L.C.
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Defendant
Robert J. Zab
7469 Rollingbrook Trail
Solon, OH 44139 |
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Plaintiff
Harvest Food Group, Inc.
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, December 09, 2016 | ||
| 29 | 29
order
Order Dismissing Case
Fri 12/09 3:55 PM
Stipulation and Order: The claims of Plaintiff against all defendants, Ascot Valley Foods, LLC, Or Derv Foods, LLC, Keith A. Kropp, Robert J. Shearer, AVF Liquidation, LLC f/k/a Ascot Valley Foods, LLC, AVF Holdings, LLC d/b/a Ascot Valley Foods and Robert J. Zab, shall be and hereby are dismissed with prejudice. The hearing scheduled for Monday, December 12, 2016 is hereby cancelled. The Clerk is hereby directed to close this case. . Judge Sara Lioi on 12/9/2016. (P,J) |
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| 28 | 28
order
Order
Fri 12/09 12:17 PM
Order dissolving the temporary restraining order: The TRO entered on November 29, 2016 (Doc. No.8 ) is hereby dissolved for any and all purposes. . Judge Sara Lioi on 12/9/2016. (P,J) |
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| 27 | 27
oth_doc
Proposed Order
Fri 12/09 12:10 PM
Proposed Order and Stipulation Dismissing All Claims Against All Defendants Based on Settlement filed by Harvest Food Group, Inc.. Related document(s)15 ,8 . (Keaton, Michael) |
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| 26 | 26
oth_doc
Proposed Order
Fri 12/09 11:43 AM
Proposed Order Dissolving TRO (DE #8) for All Purposes Based on Settlement filed by Harvest Food Group, Inc.. Related document(s)8 . (Keaton, Michael) |
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| Thursday, December 08, 2016 | ||
| 25 | 25
order
Order on Motion for order
Thu 12/08 8:02 PM
Order dissolving the temporary restraining order for release of settlement funds: The TRO entered on November 29, 2016 (Doc. No.8 ) is hereby dissolved for the express purpose of allowing the Company to immediately make the settlement payment of $103,823.02, via wire transfer, from the Client Trust Account of the Company's Counsel to the Client Trust Account of the Plaintiff's Counsel. Once Plaintiff's Counsel can confirm the receipt of the wire transfer described above, the TRO shall be dissolved for all other purposes, and the case dismissed. . Judge Sara Lioi on 12/8/2016.(P,J) |
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| 23 | 23
oth_doc
Proposed Order
Thu 12/08 5:28 PM
Proposed Order First of Three (3) regarding Settlement filed by Harvest Food Group, Inc.. Related document(s)8 . (Keaton, Michael) |
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| 22 | 22
notice
Attorney Appearance
Thu 12/08 9:59 AM
Attorney Appearance by Michael B. Pascoe filed by on behalf of Robert J. Shearer. (Pascoe, Michael) |
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| 21 | 21
notice
Attorney Appearance
Thu 12/08 9:57 AM
Attorney Appearance by Daniel A. DeMarco filed by on behalf of Robert J. Shearer. (DeMarco, Daniel) |
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minutes
Telephone Conference
Thu 12/08 1:48 PM
Minutes of proceedings [non-document] before Judge Sara Lioi. The Court conducted a telephonic conference on December 8, 2016, concerning the objection of defendant AVF Liquidation L.L.C. to the Temporary Restraining Order issued on November 29, 2016. (Doc. No.20 .) Attorneys Michael Keaton and Andrea Whitaker participated on behalf of plaintiff. Attorney Michael Pascoe participated on behalf of defendant Robert Shearer, and Attorney Christopher Peer participated on behalf of defendant AVF Liquidation L.L.C. Counsel advised the Court that the parties had reached a settlement, and that counsel will file appropriate proposed orders with the Court to effectuate the settlement and dismiss the case. The settlement was placed on the record and, if this matter is resolved and the case dismissed prior to the preliminary injunction hearing presently scheduled for December 12, 2016, the hearing will be canceled. (Time: 30 minutes.) (Court reporter: Caroline Mahnke.) (P,J) |
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| Wednesday, December 07, 2016 | ||
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order
Order
Wed 12/07 12:41 PM
Order [non-document]. Defendant AVF Liquidation L.L.C. has filed a motion to rescind the Temporary Restraining Order issued on November 29, 2016. (Doc. No.20 .) The Court will conduct a telephonic conference at 11:00 a.m. ET on December 8, 2016. The telephone conference will be initiated by plaintiff's counsel. After all participants are on the line, plaintiff's counsel shall place the call to Chambers of the Honorable Sara Lioi at (330) 252-6060. Judge Sara Lioi on 12/7/2016. (P,J) |
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| Tuesday, December 06, 2016 | ||
| 20 | 20
motion
Order
Tue 12/06 5:19 PM
Motion to Rescind Temporary Restraining Order filed by Defendant AVF Liquidation L.L.C.. Related document(s)5 ,4 .(Peer, Christopher) |
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Att: 1
Exhibit A, AVF Foods Equipment to Sell list
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| 19 | 19
notice
Attorney Appearance
Tue 12/06 5:08 PM
Attorney Appearance by Christopher W. Peer and John A. Polinko filed by on behalf of AVF Liquidation L.L.C.. (Peer, Christopher) |
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| Monday, December 05, 2016 | ||
| 18 | 18
oth_evt
Summons Issued
Mon 12/05 2:23 PM
Original Summons issued to counsel for service upon AVF Holdings, L.L.C., and Robert J. Zab at home address and business address. (P,G) |
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| 17 | 17
service
Return of Service Executed
Mon 12/05 10:04 AM
Return of Service by personal service executed upon Robert J. Shearer on 12/1/2016, filed on behalf of Harvest Food Group, Inc. Related document(s)1 . (Whitaker, Andrea) |
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order
Order on Motion to appear pro hac vice
Mon 12/05 10:42 AM
Order [non-document] granting motion for appearance pro hac vice by attorney Michael J. Keaton for Harvest Food Group, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. . Judge Sara Lioi on 12/5/2016.(P,J) |
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order
Order
Mon 12/05 2:45 PM
Order [non-document]. The Court acknowledges the filing of plaintiff's notice of service status (Doc. No.14 ) and first amended complaint (Doc. No.15 ). The notice states that all defendants were not served with the Court's temporary restraining order by the Court's deadline, and that additional defendants were discovered by plaintiff after the temporary restraining order was issued, which have now been added to this lawsuit with the filing of the first amended complaint. The temporary restraining order expires at the time of the preliminary injunction hearing scheduled for December 12, 2016. (Doc. No.8 .) In the notice, plaintiff requests a status conference, however, the Court does not believe that a status conference is necessary. Plainitff may raise by motion any issues that it believes arises from its inability to serve certain defendants with the temporary restraining order and/or from the addition of new defendants to the lawsuit, with respect to the injunctive relief sought by plaintiff. Judge Sara Lioi on 12/5/2016. (P,J) |
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| Friday, December 02, 2016 | ||
| 16 | 16
motion
Appear Pro Hac Vice
Fri 12/02 2:49 PM
Motion for attorney Michael J. Keaton, Esq. to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7924865, filed by Plaintiff Harvest Food Group, Inc..(Whitaker, Andrea) |
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Att: 1
Exhibit A- Affidavit,
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Att: 2
Exhibit 1 to Ex. A- Cert of Good Standing,
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Att: 3
Exhibit 2 to Ex. A- List of Cts.
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| 15 | 15
cmp
Amended Complaint
Fri 12/02 1:12 PM
First Amended complaint against All Defendants and adding new party defendant(s) AVF Holdings LLC d/b/a Ascot Valley Foods & Robert J. Zab. Filed by Harvest Food Group, Inc.. (Whitaker, Andrea) |
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Att: 1
Exhibit A,
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Att: 2
Summons AVF Holdings LLC d/b/a Ascot Valley Foods,
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Att: 3
Summons R. Zab-home address,
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Att: 4
Summons R. Zab-business addess
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| Thursday, December 01, 2016 | ||
| 14 | 14
notice
Notice of Service
Thu 12/01 4:43 PM
Notice of Service Status filed by All Plaintiffs. (Whitaker, Andrea) |
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| 13 | 13
service
Return of Service Executed
Thu 12/01 3:04 PM
Return of Service by personal service executed upon AVF Liquidation L.L.C. on 11/30/2016, filed on behalf of Harvest Food Group, Inc. (Whitaker, Andrea) |
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| 12 | 12
service
Return of Service Executed
Thu 12/01 3:03 PM
Return of Service by personal service executed upon Derv Foods, L.L.C. on 11/30/2016, filed on behalf of Harvest Food Group, Inc. (Whitaker, Andrea) |
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| 11 | 11
service
Return of Service Executed
Thu 12/01 3:02 PM
Return of Service by personal service executed upon Ascot Valley Foods, L.L.C. on 11/30/2016, filed on behalf of Harvest Food Group, Inc. (Whitaker, Andrea) |
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| Tuesday, November 29, 2016 | ||
| 10 | 10
oth_evt
Summons Issued
Tue 11/29 4:28 PM
Original Summons issued for service upon AVF Liquidation L.L.C., Ascot Valley Foods, L.L.C., Derv Foods, L.L.C., Keith A. Kropp, Robert J. Shearer. (H,KR) |
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| 9 | 9
oth_doc
Praecipe
Tue 11/29 1:56 PM
Praecipe for issuance of Original Summons . filed by Harvest Food Group, Inc.. Related document(s)1 .(Whitaker, Andrea) |
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Att: 1
Summons Ascot Valley Foods, LLC; DERV Foods, LLC; Keith A. Kropp; Robert J. Shearer; AVF Liquidation LLC d/b/a Ascot VAlley Foods LLC
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| 8 | 8
minutes
~Util - Set Hearings Temporary Restraining Order
Tue 11/29 12:10 PM
Temporary Restraining Order. Plaintiff's motion for TRO (Doc. No.4 ) is granted in part and denied in part. This Order shall expire by its own terms at the time of the hearing on the preliminary injunction, which is hereby set for December 12, 2016 at 10:00 a.m. in Courtroom 530, US District Court, Akron. Plaintiff shall forthwith serve the defendants or their counsel with a copy of this Order by December 1, 2016. Plaintiff shall certify to the Court in writing that such service has been perfected by 5:00 p.m. on December 1, 2016. If service upon each defendant has not been perfected as required, plaintiff shall advise the Court of all efforts made to perfect service by the Court's deadline. (See Order for all details). Judge Sara Lioi on 11/29/2016. (P,J) |
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| Monday, November 28, 2016 | ||
| 7 | 7
order
Initial Order
Mon 11/28 4:44 PM
Initial Standing Order. Judge Sara Lioi on 11/28/2016. (P,J) |
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| 6 | 6
oth_doc
Supplement
Mon 11/28 4:21 PM
Supplement Rule 7.1 Disclosure to1 Complaint, filed by Harvest Food Group, Inc.. Related document(s)1 . (Whitaker, Andrea) |
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| 5 | 5
motion
Preliminary Injunction
Mon 11/28 4:19 PM
Motion for preliminary injunction & To Consolidate with Trial on Merits filed by Plaintiff Harvest Food Group, Inc.. (Whitaker, Andrea) |
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| 4 | 4
motion
Temporary Restraining Order
Mon 11/28 4:17 PM
Motion for temporary restraining order filed by Plaintiff Harvest Food Group, Inc..(Whitaker, Andrea) |
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Att: 1
Exhibit A-Memorandum of Law,
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Att: 2
Exhibit B-Exhibit 1 to Memo,
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Att: 3
Exhibit C-Exhibit 2 to Memo,
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Att: 4
Exhibit D-Attorney Certification,
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Att: 5
Exhibit E-Proposed TRO
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| 3 | 3
oth_evt
Magistrate Consent Form Issued by Intake
Mon 11/28 4:14 PM
Magistrate Consent Form issued. No summons issued or provided. (S,HR) |
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| 2 | 2
oth_doc
Supplement
Mon 11/28 4:02 PM
Civil Cover Sheet to1 Complaint filed by Harvest Food Group, Inc. (Whitaker, Andrea) Modified on 11/28/2016 (S,HR) |
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| 1 | 1
cmp
Complaint
Mon 11/28 3:47 PM
Complaint against all defendant. Filing fee paid $ 400.00, Receipt number 0647-7915722. Filed by Harvest Food Group, Inc. (Whitaker, Andrea) Modified to remove caps and double wording and modified exhibit description (S,HR) |
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Att: 1
Exhibit A - Lists of Produce
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utility
Add and Terminate Judge
Mon 11/28 4:10 PM
Judge Sara Lioi assigned to case. (S,HR) |
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oth_evt
Random Assignment of Magistrate Judge
Mon 11/28 4:11 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (S,HR) |
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