I Love Produce, LLC v. J.E.S. Foods/Celina, Inc. et al.
| Ohio Northern District Court | |
| Judge: | James E Grimes Jr |
| Referred: | James E Grimes Jr |
| Case #: | 1:24-cv-02092 |
| Nature of Suit | 891 Other Statutes - Agricultural Acts |
| Cause | 07:499 Agricultural Commodities Act |
| Case Filed: | Dec 02, 2024 |
| Last checked: Thursday Jan 16, 2025 4:22 AM EST |
|
Defendant
Elaine R. Freed
|
Represented By
|
|
Defendant
Eric Freed
|
Represented By
|
|
Defendant
William G. Freed
|
Represented By
|
|
Defendant
J.E.S. Foods/Celina, Inc.
|
Represented By
|
|
Plaintiff
I Love Produce, LLC
|
Represented By
|
| Docket last updated: 05/16/2025 11:59 PM EDT |
| Tuesday, April 01, 2025 | ||
|
minutes
~Util - Terminate Referral 1 - Terminate Hearings Order
Tue 04/01 3:24 PM
Order [non-document] The parties have jointly advised chambers that they do not wish to proceed with the mediation currently scheduled for 4/2/2025. The mediation scheduled for 4/2/2025 at 10:00AM before Magistrate Judge Jennifer Dowdell Armstrong is CANCELLED. Magistrate Judge Jennifer Dowdell Armstrong on 4/1/2025. (K,L) |
||
| Monday, March 31, 2025 | ||
|
minutes
Status Conference
Mon 03/31 2:28 PM
Minutes of proceedings [non-document] Magistrate Judge Jennifer Dowdell Armstrong held a Zoom mediation status conference with the parties on 3/31/2025. Attorney Kate Ellis appeared on behalf of Plaintiff. Attorney Stephen D. Dodd appeared on behalf of Defendants. The parties are to jointly email chambers (Lauren_Kasuolones@ohnd.uscourts.gov) no later than 4/1/2025 at 4:00 p.m. regarding whether they wish to proceed with the Zoom mediation currently set for 4/2/2025 at 10:00 a.m. (Time: 25 minutes, ECRO: none.) (K,L) |
||
| Wednesday, March 19, 2025 | ||
|
oth_evt
Notice of Hearing or Conference
Wed 03/19 1:47 PM
IMPORTANT: Notice [non-document] of Status Conference set for 3/31/2025 at 02:00 PM by video conference (Cleveland) before Magistrate Judge Jennifer Dowdell Armstrong. (K,L) |
||
| Monday, March 10, 2025 | ||
| 35 | 35
order
Case Management Conference Plan/Order
Mon 03/10 3:28 PM
Case Management Conference Plan/Order. Case is assigned to the standard track. Cut-off date to add parties or amend pleadings: July 1, 2025. Cut-off date for fact discovery: September 30, 2025. Expert reports for party with burden of proof due: July 18, 2025. Rebuttal expert reports due: August 15, 2025. Cut-off for expert discovery: September 30, 2025. Dispositive motion deadline: October 31, 2025. Status conference: August 18, 2025 at 1:00 PM. Signed by Magistrate Judge James E. Grimes Jr. on 03/10/2025. (M,MT) |
|
| 34 | 34
minutes
Case Management Conference
Mon 03/10 3:23 PM
Minutes of proceedings before Magistrate Judge James E. Grimes Jr. Case Management Conference held on 03/10/2025. Present were Plaintiff's counsel, Kate Ellis, and Defendants' counsel, Stephen D. Dodd. The parties discussed and the Court established the case schedule and discovery deadlines. A Case Management Plan will issue separately. A status conference is set for August 18, 2025 at 1:00 p.m. via Zoom video conference. Signed by Magistrate Judge James E. Grimes Jr. on 03/10/2025. (Time: 15 minutes) (M,MT) |
|
| Tuesday, March 04, 2025 | ||
| 33 | 33
order
Protective Order
Tue 03/04 9:22 AM
Protective Order regarding confidential documents.. Signed by Magistrate Judge James E. Grimes Jr. on 03/04/2025. (M,MT) |
|
|
order
Order on Motion for protective order
Tue 03/04 9:21 AM
Order [non-document] granting Defendant's32 Joint Motion for protective order. Signed by Magistrate Judge James E. Grimes Jr. on 03/04/2025.(M,MT) |
||
| Friday, February 28, 2025 | ||
| 32 | 32
motion
Protective Order
Fri 02/28 4:56 PM
Joint Motion for protective order filed by Elaine R. Freed, Eric Freed, William G. Freed, J.E.S. Foods/Celina, Inc..(Dodd, Stephen) |
|
|
Att: 1
Exhibit Proposed Stipulated Protective Order,
|
||
|
Att: 2
Exhibit Protective Order (showing revisions)
|
||
| Tuesday, February 25, 2025 | ||
| 31 | 31
3
pgs
motion
Order
Tue 02/25 3:20 PM
Joint Motion to Hold Case Management Conference Via Zoom filed by Plaintiff I Love Produce, LLC. Related document(s)30 ,28 . (Ellis, Kate) |
|
| 30 | 30
notice
Report of Parties Planning Meeting (atty event)
Tue 02/25 3:16 PM
Report of Parties' Planning Meeting - filed by I Love Produce, LLC. Related document(s)28 .(Ellis, Kate) |
|
|
order
Order on Motion for order
Tue 02/25 4:53 PM
Order [non-document] granting Plaintiff's31 Motion to Hold Case Management Conference Via Zoom. Zoom instructions will be emailed out prior to hearing. Magistrate Judge James E. Grimes Jr. on 02/25/2025.(M,MT) |
||
| Tuesday, February 11, 2025 | ||
| 29 | 29
notice
Notice (atty event)
Tue 02/11 10:32 AM
Preliminary Attorneys' Fees, Costs, and Expenses Itemization filed by I Love Produce, LLC. Related document(s)28 .(Ellis, Kate) |
|
| Monday, February 03, 2025 | ||
| 28 | 28
order
Case Management Conference Scheduling Order
Mon 02/03 4:30 PM
Case Management Conference Scheduling Order setting case management conference to be held on 03/10/2025 at 01:00 PM at Courtroom 11A before Magistrate Judge James E. Grimes Jr. See Order for further details. Signed by Magistrate Judge James E. Grimes Jr. on 02/03/2025. (Attachment 1: Report of Parties' Planning Meeting) (M,MT) |
|
| 27 | 27
answer
Answer to Amended Complaint
Mon 02/03 1:40 PM
Joint Answer to26 Amended complaint filed by J.E.S. Foods/Celina, Inc.. (Dodd, Stephen) |
|
| Friday, January 31, 2025 | ||
|
minutes
Mediation Conference
Fri 01/31 2:12 PM
Minutes of proceedings [non-document]: Mediation held before Magistrate Judge Jennifer Dowdell Armstrong on 1/31/2025. Attorney Kate Ellis appeared on behalf of Plaintiff I Love Produce, LLC. Plaintiff's client representative also attended and had full settlement authority. Attorney Stephen D. Dodd appeared on behalf of Defendants J.E.S. Foods/Celina, Inc., William G. Freed, Elaine R. Freed, and Eric Freed. William G. Freed, Elaine R. Freed, and Eric Freed also attended and possessed full settlement authority. No settlement agreement was reached today after extensive discussion with the parties. The parties believe, however, that a second mediation would be productive after the exchange of certain information. A second mediation is set for 4/2/2025 at 10:00 a.m. via Zoom. The parties agreed to email updated confidential mediation statements to chambers (Lauren_Kasulones@ohnd.uscourts.gov) on or before 3/21/2025. Time: 4 hours; ECRO: None. (L,Br) |
||
| Friday, December 20, 2024 | ||
| 26 | 26
cmp
Amended Complaint
Fri 12/20 11:30 AM
First Amended complaint against Elaine R. Freed, Eric Freed, William G. Freed, J.E.S. Foods/Celina, Inc.. Filed by I Love Produce, LLC. (Ellis, Kate) |
|
| Wednesday, December 18, 2024 | ||
| 25 | 25
6
pgs
order
Order
Wed 12/18 12:05 PM
Order setting mediation conference to be held on 1/31/2025 at 10:00 AM in Chambers 9B before Magistrate Judge Jennifer Dowdell Armstrong. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. Signed by Magistrate Judge Jennifer Dowdell Armstrong on 12/18/2024. (K,L) |
|
|
order
Order of Referral to Judicial Officer for Mediation or Settlement
Wed 12/18 11:06 AM
Order [non-document]: Consistent with the parties joint filing, Doc.24 , Plaintiff's motion for a preliminary injunction is withdrawn. Defendant's deadline to answer the complaint is February 3, 2025. This matter is referred to U.S. Magistrate Judge Jennifer Dowdell Armstrong for mediation, to be conducted in January 2025, if possible. The parties will receive further instruction from Judge Armstrong's chambers. In the event that mediation is unsuccessful, the Court will schedule a case management conference. Magistrate Judge James E. Grimes Jr. on 12/18/24. (L,Br) |
||
| Tuesday, December 17, 2024 | ||
| 24 | 24
notice
Notice (atty event)
Tue 12/17 12:53 PM
Joint Notice of Plaintiff and Defendants filed by I Love Produce, LLC. Related document(s)22 .(Ellis, Kate) |
|
| Thursday, December 12, 2024 | ||
| 23 | 23
1
pgs
order
Order on Motion for Temporary Restraining Order
Thu 12/12 4:21 PM
Order: Plaintiff I Love Produce, LLC, has filed a complaint and motion for a temporary restraining order (TRO). Docs.1 ,4 . Today, December 12, 2024, the Court held a hearing to address Plaintiff's TRO motion. Doc.4 . After consideration of the arguments provided by counsel for all parties and for the reasons stated and recorded on the record, Plaintiff's TRO motion is DENIED. Signed by Magistrate Judge James E. Grimes Jr. on 12/12/2024.(M,MT) |
|
| 22 | 22
order
Minute Order _ Status Conference
Thu 12/12 4:17 PM
Minute Order: The Court conducted a hearing via Zoom to address Plaintiff I Love Produce, LLC's motion for a temporary restraining order (TRO). Doc.4 . Present were Plaintiff's representative, Eric Frasse, and counsel for Plaintiff, Kate Ellis and Ryan Gembala, along with counsel for Defendants, Stephen Dodd.The parties first discussed their efforts to reach a global settlement. The parties described that settlement efforts to date were not successful and they proceeded to argument on Plaintiffs TRO motion. A separate Order will issue addressing the denial of Plaintiffs TRO motion.See Order for further details. Signed by Magistrate Judge James E. Grimes Jr. on 12/12/2024. (M,MT) |
|
| Wednesday, December 11, 2024 | ||
| 21 | 21
resp
Reply
Wed 12/11 9:17 AM
Reply in support of4 Motion for temporary restraining order with Notice and for Preliminary Injunction filed by I Love Produce, LLC. (Gembala, Ryan) |
|
| Monday, December 09, 2024 | ||
| 20 | 20
resp
Opposition
Mon 12/09 4:54 PM
Opposition to4 Motion for temporary restraining order with Notice and for Preliminary Injunction filed by All Defendants.(Dodd, Stephen) |
|
|
Att: 1
Exhibit Declaration of Eric Freed
|
||
| Thursday, December 05, 2024 | ||
| 19 | 19
minutes
Status Conference
Thu 12/05 4:17 PM
Minutes of proceedings before Magistrate Judge James E. Grimes Jr. Status Conference held on 12/05/2024. Present were counsel for Plaintiff, Kate Ellis and Ryan Gembala, and counsel for Defendants, Stephen Dodd. During the conference, the Court set the following briefing schedule: Defendants' brief in response must be submitted by Monday, December 9, 2024, at 5:00 p.m., Plaintiff may file a reply by Wednesday, December 11, 2024, at 10:00 a.m., and the Court will conduct a hearing on Plaintiff's TRO motion on Thursday, December 12, 2024, at 1:00 p.m. via Zoom video conference. See Order for further details. Signed by Magistrate Judge James E. Grimes Jr. on 12/05/2024. (M,MT) |
|
| 18 | 18
order
Consent to Magistrate Judge
Thu 12/05 3:22 PM
Consent of the parties to this case being transferred to the docket of Magistrate Judge James E. Grimes, Jr., for further proceedings. Related Document17 . Signed by Judge Dan Aaron Polster on 12/5/2024. (K,K) |
|
| 17 | 17
notice
Notice (atty event)
Thu 12/05 2:35 PM
Consent to Exercise of Jurisdiction by a United States Magistrate Judge filed by All Parties. (Dodd, Stephen) |
|
|
utility
Add and Terminate Judge
Thu 12/05 3:27 PM
Magistrate Judge James E. Grimes Jr. assigned to case pursuant to consent. Judge Dan Aaron Polster terminated. Related document(s)18 . (R,AP) |
||
| Wednesday, December 04, 2024 | ||
| 16 | 16
oth_doc
Proposed Order
Wed 12/04 11:25 AM
Proposed Order filed by I Love Produce, LLC. Related document(s)4 .(Gembala, Ryan) |
|
|
Att: 1
Proposed Order for Temporary Restraining Order,
|
||
|
Att: 2
Proposed Order for Preliminary Injunction
|
||
| 15 | 15
motion
Extension (of deadlines)
Wed 12/04 10:17 AM
Unopposed Motion for extension of Filing deadlines and hearing date until One week filed by J.E.S. Foods/Celina, Inc., William G. Freed, Elaine R. Freed, Eric Freed. Related document(s)7 .(Dodd, Stephen) |
|
|
Att: 1
Affidavit Affidavit of Stephen Dodd
|
||
|
order
Order on Motion to extend deadlines
Wed 12/04 10:53 AM
Order: [non-document] Defendants' unopposed motion, Doc.15 , is granted in part. The TRO briefing and hearing schedule is stayed. Consistent with Defendants' alternative suggestion, the Court will hold a video conference with counsel at 1:30 p.m. on Thursday, December 5, 2024, to discuss how to proceed. Magistrate Judge James E. Grimes Jr. on 12/04/2024.(M,MT) |
||
| Tuesday, December 03, 2024 | ||
| 14 | 14
service
Waiver of Service Executed
Tue 12/03 7:37 PM
Waiver of Service Returned Executed by Eric Freed. Eric Freed waiver sent on 12/3/2024, answer due 2/3/2025 filed on behalf of Eric Freed (Dodd, Stephen) |
|
| 13 | 13
service
Waiver of Service Executed
Tue 12/03 7:37 PM
Waiver of Service Returned Executed by Elaine R. Freed. Elaine R. Freed waiver sent on 12/3/2024, answer due 2/3/2025 filed on behalf of Elaine R. Freed (Dodd, Stephen) |
|
| 12 | 12
service
Waiver of Service Executed
Tue 12/03 7:36 PM
Waiver of Service Returned Executed by William G. Freed. William G. Freed waiver sent on 12/3/2024, answer due 2/3/2025 filed on behalf of William G. Freed (Dodd, Stephen) |
|
| 11 | 11
service
Waiver of Service Executed
Tue 12/03 7:34 PM
Waiver of Service Returned Executed by J.E.S. Foods/Celina, Inc.. J.E.S. Foods/Celina, Inc. waiver sent on 12/3/2024, answer due 2/3/2025 filed on behalf of J.E.S. Foods/Celina, Inc. (Dodd, Stephen) |
|
| 10 | 10
notice
Corporate Disclosure Statement (atty event)
Tue 12/03 7:32 PM
Corporate Disclosure Statement filed by J.E.S. Foods/Celina, Inc.. (Dodd, Stephen) |
|
| 9 | 9
notice
Attorney Appearance (atty event)
Tue 12/03 7:30 PM
Attorney Appearance by Stephen D. Dodd filed by on behalf of All Defendants. (Dodd, Stephen) |
|
| 8 | 8
notice
Notice of Service (atty event)
Tue 12/03 4:53 PM
Notice of Service of Complaint, Motion for Temporary Restraining Order with Notice and for Preliminary Injunction, Memorandum of Points and authorities in support of said motion with attachments, and the Court's Order filed by I Love Produce, LLC.Related document(s)7 .(Gembala, Ryan) |
|
|
Att: 1
Affidavit Declaration of Counsel in Support of Plaintiff's Notice of Service
|
||
| 7 | 7
minutes
~Util - Set Hearings Order
Tue 12/03 1:29 PM
Order: Defendants may file a response to Plaintiff's motion by 12:30 p.m. on Wednesday, December 4, 2024. Plaintiff may file a reply by 9:00 a.m. on Thursday, December 5, 2024. The Court will hold a hearing by video on this matter at 1:30 p.m. on Thursday, December 5, 2024. The parties will receive video conference information from the Court before the hearing. See Order for further details. Signed by Magistrate Judge James E. Grimes Jr. on 12/03/2024. (M,MT) |
|
| 6 | 6
oth_evt
Summons Issued
Tue 12/03 8:51 AM
Original Summonses and Magistrate Consent Form issued to counsel for service upon Elaine R. Freed, Eric Freed, William G. Freed, J.E.S. Foods/Celina, Inc.. (H,Ch) |
|
|
Att: 1
Magistrate Consent Form
|
||
|
utility
Add and Terminate Judge
Tue 12/03 8:49 AM
Judge Dan Aaron Polster assigned to case. (H,Ch) |
||
|
oth_evt
Random Assignment of Magistrate Judge
Tue 12/03 8:50 AM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes, Jr. (H,Ch) |
||
|
oth_doc
Request to Clerk for Refund of Erroneous or Duplicate On-line Filing Fee Payment
Tue 12/03 9:26 AM
Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Filing fee paid twice. Receipt #: AOHNDC-12853377, filed by I Love Produce, LLC. Related document(s)1 . (S,HR) |
||
|
order
Order on Motion to appear pro hac vice
Tue 12/03 10:30 AM
Order [non-document] granting Motion for appearance pro hac vice by attorney Kate Ellis for I Love Produce, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Approved by Judge Dan Aaron Polster on 12/3/2024.(K,K) |
||
|
order
Order referring motion to Magistrate Judge
Tue 12/03 11:11 AM
Order [non-document] referring4 Motion for temporary restraining order with Notice and for Preliminary Injunction filed by Plaintiff I Love Produce, LLC to Magistrate Judge James E. Grimes Jr. for disposition. Entered on behalf of Judge Dan Aaron Polster on 12/3/2024. (K,K) |
||
| Monday, December 02, 2024 | ||
| 5 | 5
oth_ans
Brief
Mon 12/02 4:56 PM
Brief of Points and Authorities in Support of its Motion for Temporary Restraining Order with Notice and for Preliminary Injunction filed by I Love Produce, LLC. Related document(s)4 . (Gembala, Ryan) |
|
|
Att: 1
Exhibit A to Memo - J.E.S. Foods Ohio Corporate Information,
|
||
|
Att: 2
Affidavit Declaration of Eric Frasse in Support of Plaintiff's Motion for Temporary Restraining Order and for Preliminary Injunction
|
||
| 4 | 4
motion
Temporary Restraining Order
Mon 12/02 4:50 PM
Motion for temporary restraining order with Notice and for Preliminary Injunction filed by Plaintiff I Love Produce, LLC. (Gembala, Ryan) |
|
| 3 | 3
motion
Appear Pro Hac Vice
Mon 12/02 4:31 PM
Motion for attorney Kate Ellis to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12853516, filed by Plaintiff I Love Produce, LLC.(Gembala, Ryan) |
|
|
Att: 1
Affidavit Certification in Support of Motion for Admission Pro Hac Vice
|
||
| 2 | 2
notice
Corporate Disclosure Statement (atty event)
Mon 12/02 4:22 PM
Corporate Disclosure Statement filed by I Love Produce, LLC. (Gembala, Ryan) |
|
| 1 | 1
cmp
Complaint
Mon 12/02 4:18 PM
Complaint against Elaine R. Freed, Eric Freed, William G. Freed, J.E.S. Foods/Celina, Inc.. Filing fee paid $ 405, Receipt number AOHNDC-12853465.. Filed by I Love Produce, LLC. (Gembala, Ryan) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Summons J.E.S. Foods,
|
||
|
Att: 3
Summons William Freed,
|
||
|
Att: 4
Summons Elaine Freed,
|
||
|
Att: 5
Summons Eric Freed
|
||