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- ilnd;;1:20-cv-02633_de9 RegisterActionDate "2020-04-30" @default.
- ilnd;;1:20-cv-02633_de9 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang: In this case filed under the Perishable Agricultural Commodities Act, 7 U.S.C. 499a et seq., Plaintiff has moved for a TRO 3 and filed a supporting memorandum. The motion refers to the Civil Rule 65(b)(1)(B) attorney certificate, but it is not apparent where it is on the docket. By 05/04/2020, Plaintiff shall file the certificate or a concise supplement to the motion that points out where on the docket the certificate can be found. Relatedly, pre-judgment restraint on assets is a rare exception in federal litigation. Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999). Absent irreparable injury that would immediately harm Plaintiff without even giving notice of the case to Defendants, the better course is to order some attempt at providing notice. To do so, Plaintiff shall attempt to provide notice of the TRO motion 3 , the preliminary-injunction and consolidation motion 4 , and all related filings as follows: (1) call the mobile number (leave a voice-mail if it is unanswered, as noted in Malek Almassad's affidavit); (2) express mail the TRO to the Defendant D1939AA residence; and (3) attempt to contact D1939AA at the place of his new employment. To that end and to expedite information gathering, Plaintiff is authorized to immediately subpoena Mid-West Institutional Food Distributors for (A) records sufficient to show D1939AA business and residential contact information, including email addresses and telephone numbers; and (B) any records relating to Whitney Foods, Inc. from 08/16/2019 to the present. The return on the subpoena for Category A records is due within two business days of service; Category B records are due within five business days of service. By 05/08/2020, Plaintiff shall then file a supplement to the TRO motion stating what efforts it undertook to provide notice (notice need not meet the demands of formal service of process, H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 842 (7th Cir. 2012).) Defendants shall respond to all pending motions, if notified, by 05/12/2020. Having said all this, it is true that Plaintiff does seek a statutory remedy, so pre-judgment restraint could very well be appropriate against the assets of Whitney Foods. The Court has more hesitancy imposing a pre-judgment restraint absente controlling authority; none of the cases cited by Plaintiff for the proposition that control individuals can be held personally liable, R. 6 at 10, were issued by the Seventh Circuit (or within the last 20 years, for that matter). All of the pending motions are continued to 05/14/2020 at 9:30 a.m., but that is really to track the case; the motion will be decided on the filings unless the Court orders otherwise. Mailed notice (mw, ) (Entered: 04/30/2020)" @default.
- ilnd;;1:20-cv-02633_de9 AdministrativeID "9" @default.
- ilnd;;1:20-cv-02633_de9 hasReferenceToOtherEntry ilnd;;1:20-cv-02633_de3 @default.
- ilnd;;1:20-cv-02633_de9 hasReferenceToOtherEntry ilnd;;1:20-cv-02633_de5 @default.