General Produce Co., Ltd. v. Geiger's Long Valley Market, LLC et al
| California Northern District Court | |
| Judge: | Vince Chhabria |
| Case #: | 3:23-cv-01794 |
| Nature of Suit | 891 Other Statutes - Agricultural Acts |
| Cause | 07:499 Agricultural Commodities Act |
| Case Filed: | Apr 13, 2023 |
| Terminated: | Sep 05, 2023 |
| Last checked: Friday Oct 13, 2023 8:00 AM PDT |
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Defendant
Abbe Arkelian
321 Mulligan Lane
Laytonville, CA 95454 |
Represented By
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Defendant
Michael Braught
3558 Round Barn Boulevard Suite 200
Santa Rosa, CA 95403 |
Represented By
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Defendant
Shanna Braught
10370 Dry Creek Road
Belgrade, MT 59714 |
Represented By
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Defendant
Geiger's Hopland Market, LLC
3558 Round Barn Boulevard Suite 200
Santa Rosa, CA 95403 |
Represented By
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Defendant
Geiger's Long Valley Market, LLC
44951 U.S. 101
Laytonville, CA 95454 |
Represented By
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Defendant
Michael Maciel
3558 Round Barn Bolevard Suite 200
Santa Rosa, CA 95403 |
Represented By
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Defendant
Ken Molinaro
145 F Street 9
Petaluma, CA 94952 |
Represented By
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Plaintiff
General Produce Distribution Co., LLC
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Represented By
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| TERMINATED PARTIES | |
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Plaintiff
General Produce Co., Ltd.
Terminated: 06/13/2023
7625 Lone Tree Road
Sacramento, CA 95837 |
Represented By
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GPO
Aug 21 2023
Order by Judge Vince Chhabria denying 35 Motion to Dismiss.(vclc3, COURT STAFF) (Filed on 8/21/2023) |
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GPO
Sep 05 2023
ORDER conditionally dismissing the case without prejudice in light of the parties' settlement. Signed by Judge Vince Chhabria on 9/5/2023. (vclc3, COURT STAFF) (Filed on 9/5/2023) |
| Docket last updated: 13 minutes ago |
| Tuesday, September 05, 2023 | ||
| 48 | 48
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 09/05 9:41 AM
ORDER conditionally dismissing the case without prejudice in light of the parties' settlement. Signed by Judge Vince Chhabria on 9/5/2023. (vclc3, COURT STAFF) |
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| Friday, September 01, 2023 | ||
| 47 | 47
notice
Notice (Other)
Fri 09/01 12:10 PM
NOTICE by General Produce Co., Ltd., General Produce Distribution Co., LLC Notice of Settlement (Campagne, Justin) |
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| Monday, August 21, 2023 | ||
| 46 | 46
4
pgs
order
Order on Motion to Dismiss
Mon 08/21 1:53 PM
Order by Judge Vince Chhabria denying 35 Motion to Dismiss.(vclc3, COURT STAFF) |
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| Thursday, August 10, 2023 | ||
| 45 | 45
minutes
Motion Hearing
Thu 08/10 5:23 PM
Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 8/10/2023 re 35 MOTION to Dismiss filed by Geiger's Long Valley Market, LLC. Oral arguments made and heard. Court to issue written ruling. Discovery may proceed. Total Time in Court: 12 minutes. Court Reporter: Hearing recorded via Zoom: 2:02 - 2:14. Plaintiff Attorney: Blake Surbey. Defendant Attorney: Michael Shklovsky, Tal Segev. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 8/10/2023) |
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| Wednesday, August 02, 2023 | ||
| 44 | 44
notice
Notice of Appearance
Wed 08/02 4:45 PM
NOTICE of Appearance by Michael M Shklovsky Notice of Appearance of Tal Segev (Shklovsky, Michael) |
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| Monday, July 24, 2023 | ||
| 43 | 43
oth_evt
Clerk's Notice ~Util - Set Motion and Deadlines/Hearings ~Util - Teleconference Zoom
Mon 07/24 1:26 PM
CLERK'S NOTICE42 . 35 MOTION to Dismiss Hearing set for 8/10/2023 at 01:00 PM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/vc] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, August 4, 2023 by no later than 12:00PM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) |
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| 42 | 42
2
pgs
order
Order on Administrative Motion per Civil Local Rule 7-11
Mon 07/24 1:24 PM
Order by Judge Vince Chhabria granting 41 Administrative Motion to Hold Hearing by Zoom. (bxs, COURT STAFF) |
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| Thursday, July 20, 2023 | ||
| 41 | 41
motion
Administrative Motion per Civil Local Rule 7-11
Thu 07/20 2:11 PM
ADMINISTRATIVE MOTION to Hold Hearing by Zoom re35 MOTION to Dismiss filed by General Produce Co., Ltd., General Produce Distribution Co., LLC. Responses due by 8/3/2023.(Campagne, Justin) |
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Att: 1
Proposed Order to Hold Hearing by Zoom
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| Tuesday, July 18, 2023 | ||
| 40 | 40
respm
Reply to Opposition/Response
Tue 07/18 5:29 PM
REPLY Defendants' Reply to Plaintiff's Opposition to Motion to Dismiss First Amended Complaint [FRCP 12(b)(1), (6)] filed byMichael Braught, Shanna Braught, Geiger's Hopland Market, LLC, Geiger's Long Valley Market, LLC, Michael Maciel, Ken Molinaro. (Shklovsky, Michael) |
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| 39 | 39
oth_evt
Clerk's Notice ~Util - Teleconference Zoom
Tue 07/18 9:24 AM
CLERK'S NOTICE CONTINUING 8/25/2023 INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 9/1/2023. Initial Case Management Conference reset to 9/8/2023 at 10:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/vc] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, September 1, 2023, by no later than 10:00AM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) |
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| Tuesday, July 11, 2023 | ||
| 38 | 38
respm
Opposition/Response to Motion
Tue 07/11 2:07 PM
OPPOSITION/RESPONSE filed byGeneral Produce Co., Ltd., General Produce Distribution Co., LLC.(Campagne, Justin) |
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Att: 1
Declaration of Anthony Calleja,
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Att: 2
Exhibit 1 - Certificate of Limited Partnership,
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Att: 3
Exhibit 2 - PACA License,
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Att: 4
Exhibit 3 - Certificate of Conversion (California),
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Att: 5
Exhibit 4 - Certificate of Conversion (Delaware)
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| Wednesday, June 28, 2023 | ||
| 37 | 37
oth_evt
Clerk's Notice ~Util - Teleconference Zoom
Wed 06/28 2:56 PM
CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Joint Case Management Statement due by 8/18/2023. Initial Case Management Conference reset to 8/25/2023 at 10:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/vc] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing.One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, August 18, 2023, by no later than 12:00PM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) |
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| 36 | 36
oth_evt
Clerk's Notice ~Util - Set Motion and Deadlines/Hearings
Wed 06/28 2:52 PM
CLERK'S NOTICE CONTINUING 7/27/2023 MOTION HEARING. Counsel did not set the motion on in accordance with the local rules. The change in hearing date does not impact the briefing schedule set upon the filing of the motion. Counsel is reminded that for any future motions they are to review Judge Chhabria's webpage under "Scheduling Notes" to select the proper time for hearings. 35 MOTION to Dismiss Hearing reset to 8/10/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) |
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| Tuesday, June 27, 2023 | ||
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motion
Dismiss
Tue 06/27 9:37 PM
MOTION to Dismiss filed by Geiger's Long Valley Market, LLC. Motion Hearing set for 7/27/2023 01:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 7/11/2023. Replies due by 7/18/2023.(Shklovsky, Michael) |
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Att: 1
Declaration,
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Att: 2
Proposed Order,
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Att: 3
Certificate/Proof of Service
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| Tuesday, June 13, 2023 | ||
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cmp
Amended Complaint
Tue 06/13 1:22 PM
AMENDED COMPLAINT FIRST against Michael Braught, Shanna Braught, Geiger's Hopland Market, LLC, Geiger's Long Valley Market, LLC, Michael Maciel, Ken Molinaro. Filed byGeneral Produce Co., Ltd..(Campagne, Justin) |
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Att: 1
Exhibit 1 - PACA License,
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Att: 2
Exhibit 2 - Statement of Account,
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Att: 3
Exhibit 3 - Invoices
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| Monday, June 12, 2023 | ||
| 33 | 33
2
pgs
order
Order on Motion for Pro Hac Vice
Mon 06/12 12:58 PM
Order by Judge Vince Chhabria granting 32 Motion for Pro Hac Vice as to Blake Surbey. (bxs, COURT STAFF) |
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| Friday, June 09, 2023 | ||
| 32 | 32
motion
Pro Hac Vice
Mon 06/12 12:00 PM
MOTION for leave to appear in Pro Hac Vice by Blake A. Surbey ( Filing fee $ 317, receipt number 311164844.) Filing fee previously paid on 06/09/2023, filed by General Produce Co., Ltd.(wsn, COURT STAFF) |
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Att: 1
Certificate of Good Standing,
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Att: 2
Declaration,
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Att: 3
Receipt
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| Friday, June 02, 2023 | ||
| 31 | 31
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Fri 06/02 4:08 PM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Michael Braught, Shanna Braught, Geiger's Hopland Market, LLC, Geiger's Long Valley Market, LLC, Michael Maciel, Ken Molinaro.. (Shklovsky, Michael) |
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| 30 | 30
notice
Notice of Appearance
Fri 06/02 10:09 AM
NOTICE of Appearance by Michael M Shklovsky Notice of Appearance of Ryan F. Thomas (Shklovsky, Michael) |
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| Tuesday, May 30, 2023 | ||
| 29 | 29
answer
Answer to Complaint
Tue 05/30 10:38 AM
ANSWER to Complaint byAbbe Arkelian. (Miller, Dale) |
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| Wednesday, May 24, 2023 | ||
| 28 | 28
misc
Stipulation without Proposed Order
Wed 05/24 5:10 PM
STIPULATION to Enlarge Time filed by Michael Braught, Shanna Braught, Geiger's Hopland Market, LLC, Geiger's Long Valley Market, LLC, Michael Maciel, Ken Molinaro. (Shklovsky, Michael) |
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| Monday, May 15, 2023 | ||
| 27 | 27
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Mon 05/15 9:33 AM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Abbe Arkelian.. (Miller, Dale) |
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| 26 | 26
misc
Stipulation without Proposed Order
Mon 05/15 9:24 AM
STIPULATION TO ENLARGE TIME FOR DEFENDANT ABBE ARKELIAN TO ANSWER OR OTHERWISE RESPOND filed by Abbe Arkelian. (Miller, Dale) |
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| Friday, May 12, 2023 | ||
| 25 | 25
service
Summons Returned Executed
Fri 05/12 5:06 PM
SUMMONS Returned Executed by General Produce Co., Ltd.. Ken Molinaro served on 5/12/2023, answer due 6/2/2023. (Campagne, Justin) |
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| Friday, May 05, 2023 | ||
| 24 | 24
service
Certificate/Proof of Service
Fri 05/05 11:29 AM
CERTIFICATE OF SERVICE by General Produce Co., Ltd. Reassigned Case-Notice of New Hearing Date (Campagne, Justin) |
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| Wednesday, May 03, 2023 | ||
| 23 | 23
oth_evt
Clerk's Notice ~Util - Teleconference Zoom
Wed 05/03 4:33 PM
REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 7/14/2023. Initial Case Management Conference set for 7/21/2023 at 10:00 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/vc] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Friday, July 14, 2023 by 12:00 PM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . Case Management Statement due by 7/14/2023. Initial Case Management Conference set for 7/21/2023 10:00 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) .(jlg, COURT STAFF) |
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| Tuesday, May 02, 2023 | ||
| 22 | 22
service
Certificate/Proof of Service
Tue 05/02 5:15 PM
CERTIFICATE OF SERVICE by General Produce Co., Ltd. Order Reassigning Case/Notice of Eligibility for Video Recording (Campagne, Justin) |
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| 21 | 21
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pgs
order
Order Reassigning Case ~Util - Case Assigned/Reassigned
Tue 05/02 12:03 PM
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Robert M. Illman no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 5/2/2023.(as, COURT STAFF) |
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Att: 1
Notice of Eligibility for Video Recording
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| 20 | 20
oth_evt
Clerk's Notice of Impending Reassignment - Text Only
Tue 05/02 11:06 AM
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (glm, COURT STAFF) |
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| Monday, May 01, 2023 | ||
| 19 | 19
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by General Produce Co., Ltd... (Campagne, Justin)
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| Thursday, April 27, 2023 | ||
| 18 | 18 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at:[LINK:http://cand.uscourts.gov/civilforms] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) | |
| Wednesday, April 26, 2023 | ||
| 17 | 17
SUMMONS Returned Executed by General Produce Co., Ltd.. Geiger's Long Valley Market, LLC served on 4/26/2023, answer due 5/17/2023. Amended (Campagne, Justin)
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| Tuesday, April 25, 2023 | ||
| 16 | 16
SUMMONS Returned Executed by General Produce Co., Ltd.. Michael Maciel served on 4/24/2023, answer due 5/15/2023. (Campagne, Justin)
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| 15 | 15
SUMMONS Returned Executed by General Produce Co., Ltd.. Abbe Arkelian served on 4/24/2023, answer due 5/15/2023. (Campagne, Justin)
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| 14 | 14
SUMMONS Returned Executed by General Produce Co., Ltd.. Geiger's Long Valley Market, LLC served on 4/21/2023, answer due 5/12/2023. (Campagne, Justin)
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| 13 | 13
SUMMONS Returned Executed by General Produce Co., Ltd.. Shanna Braught served on 4/21/2023, answer due 5/12/2023. (Campagne, Justin)
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| 12 | 12
SUMMONS Returned Executed by General Produce Co., Ltd.. Michael Braught served on 4/21/2023, answer due 5/12/2023. (Campagne, Justin)
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| 11 | 11
SUMMONS Returned Executed by General Produce Co., Ltd.. Geiger's Hopland Market, LLC served on 4/21/2023, answer due 5/12/2023. (Campagne, Justin)
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| 10 | 10
CERTIFICATE OF SERVICE by General Produce Co., Ltd. re1 Complaint, re Shanna Braught (Campagne, Justin)
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| 9 | 9
CERTIFICATE OF SERVICE by General Produce Co., Ltd. re1 Complaint, re Michael Braught (Campagne, Justin)
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| [LINK:Electronic filing error] . Incorrect event used. [err101]Please re-file in its entirety as Summons Returned Executed. Re: 8 Certificate of Service filed by General Produce Co., Ltd., 9 Certificate of Service filed by General Produce Co., Ltd., 10 Certificate of Service filed by General Produce Co., Ltd. (sfb, COURT STAFF) | ||
| Monday, April 24, 2023 | ||
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CERTIFICATE OF SERVICE by General Produce Co., Ltd. re1 Complaint, on Geiger's Hopland Market, LLC (Campagne, Justin)
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| Tuesday, April 18, 2023 | ||
| 7 | 7
Summons Issued as to Abbe Arkelian, Michael Braught, Shanna Braught, Geiger's Hopland Market, LLC, Geiger's Long Valley Market, LLC, Michael Maciel, Ken Molinaro. (sfb, COURT STAFF)
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| Friday, April 14, 2023 | ||
| 6 | 6
Proposed Summons. (Campagne, Justin)
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| [LINK:Electronic filing error] . Duplicate entry. 1 Proposed Summons Per Defendant [err103] This filing will not be processed by the clerks office.Please re-file in its entirety. Re: 3 Proposed Summons filed by General Produce Co., Ltd. (sfb, COURT STAFF) | ||
| Thursday, April 13, 2023 | ||
| 5 | 5
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/11/2023. Initial Case Management Conference set for 7/18/2023 02:00 PM in McKinleyville. (sfb, COURT STAFF)
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| 4 | 4 Case assigned to Magistrate Judge Robert M. Illman. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/27/2023. (bw, COURT STAFF) | |
| 3 | 3
Proposed Summons. (Campagne, Justin)
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| 2 | 2
Corporate Disclosure Statement by General Produce Co., Ltd. re1 Complaint, (Campagne, Justin)
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| 1 | 1
COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-18169602.). Filed byGeneral Produce Co., Ltd..(Campagne, Justin)
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Att: 1
Exhibit PCA License,
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Att: 2
Exhibit Statement of Account,
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Att: 3
Exhibit Invoices,
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Att: 4
Civil Cover Sheet Civil Cover Sheet
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