Prosperum Capital Partners LLC v. NHC Food Company Inc et al
| Prosperum Capital Partners LLC doing business as Arsenal Funding |
| NHC Food Company Inc. doing business as NHC Food Company Inc and You Nay Hor Khao |
| New Happy Food Company and NHC Food Company Inc. |
| Prosperum Capital Partners LLC |
| 1:2022cv00229 |
| January 20, 2022 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Contract: Recovery of Overpayment/Enforcement of Judgment |
| 11 U.S.C. § 101 |
| None |
Docket Report
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| Filing 21 Case transferred in from District of New York Southern; Case Number 1:21-cv-07974. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Georgia. (va) [Transferred from New York Southern on 1/20/2022.] |
Filing 20
OPINION & ORDER re: #4 MOTION to Transfer Case (Northern District of Georgia) filed by You Nay Hor Khao, NHC Food Company Inc, New Happy Food Company, NHC Food Company. For the foregoing reasons, defendants' motion to transfer venue pursuant to 28 U.S.C. 1404 is granted. The Clerk of Court is respectfully directed to transfer this case to the Northern District of Georgia. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/13/2022) (va) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/20/2022.]
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| Filing 19 LETTER MOTION to Reopen re: #17 Order,,, addressed to Judge Paul A. Engelmayer from John Coleman dated 12/22/2021. Document filed by You Nay Hor Khao, NHC Food Company Inc, New Happy Food Company..(Coleman, John) [Transferred from New York Southern on 1/20/2022.] |
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Filing 18
ORDER: On December 14, 2021, the Court issued an order requiring defendants to file proof of service by December 15, 2021. Dkt. 17. To date, the Court has not received such proof of service or an explanation as to the delay. The Court cannot rule on the pending motion to transfer until it has received proof of service. By December 22, 2021, defendants must file proof of service constituting signed acknowledgement of the receipt of(l) defendants' removal and (2) defendants' motion to transfer, in accordance with NY CPLR 312-A(b) (2020). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/21/2021) (va) [Transferred from New York Southern on 1/20/2022.]
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Filing 17
ORDER: On September 24, 2021, defendants removed this case from the Supreme Court, County of New York. Dkt. 1. On September 29, 2021, defendants filed a motion to transfer. Dkt. 4. On November 14, 2021, defendants filed proof of service of its motion to transfer. Dkt. 15. The proof of service indicated that service had been effectuated by first class mail. Id. It did not indicate whether defendants had received a return receipt. Id. In New York State, proof of service for service by first class mail is demonstrated by "[t]he signed acknowledgement of the receipt." NY CPLR 312-A(b) (2020). Plaintiff has neither responded to the pending motion to transfer, nor appeared at all in the removed case. By December 15, 2021, defendants shall file proof of service constituting signed acknowledgement of the receipt of its motion to transfer. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/14/2021) (vfr) [Transferred from New York Southern on 1/20/2022.]
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| Filing 16 CERTIFICATE OF SERVICE of Answer and Counterclaims served on Prosperum Capital Partners on 10/04/2021. Service was made by Mail. Document filed by You Nay Hor Khao, NHC Food Company Inc, New Happy Food Company..(Coleman, John) [Transferred from New York Southern on 1/20/2022.] |
| Filing 15 CERTIFICATE OF SERVICE of Motion to Transfer served on Prosperum Capital partners on 09/29/2021. Service was made by Mail. Document filed by You Nay Hor Khao, NHC Food Company Inc, New Happy Food Company..(Coleman, John) [Transferred from New York Southern on 1/20/2022.] |
| Filing 14 PROPOSED ORDER. Document filed by You Nay Hor Khao, NHC Food Company Inc, New Happy Food Company. Related Document Number: #4 ..(Coleman, John) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 1/20/2022.] |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by You Nay Hor Khao, NHC Food Company Inc, New Happy Food Company. Related Document Number: #4 ..(Coleman, John) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/26/2021 (km). [Transferred from New York Southern on 1/20/2022.] |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (dt) [Transferred from New York Southern on 1/20/2022.] |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney John Coleman to RE-FILE Document No. #13 Proposed Order. The filing is deficient for the following reason(s): Please add a So Ordered signature line with the Judge's name so it can be signed by the Judge. Re-file the document using the event type Proposed Order found under the event list Proposed Orders. (km) [Transferred from New York Southern on 1/20/2022.]
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| Filing 12 NOTICE OF APPEARANCE by William Rountree on behalf of NHC Food Company Inc, New Happy Food Company..(Rountree, William) [Transferred from New York Southern on 1/20/2022.] |
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for William A. Rountree to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro HaC Vice in the above captioned case in the United States District Court for the Southern District of New York. All Attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Paul A. Engelmayer on 10/18/2021) (va) [Transferred from New York Southern on 1/20/2022.]
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| Filing 10 MOTION for William A. Rountree to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NHC Food Company Inc, New Happy Food Company. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Rountree, William) [Transferred from New York Southern on 1/20/2022.] |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for William A. Rountree to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25192752. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NHC Food Company Inc, New Happy Food Company..(Rountree, William) Modified on 10/14/2021 (wb). [Transferred from New York Southern on 1/20/2022.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #9 MOTION for William A. Rountree to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25192752. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Georgia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) [Transferred from New York Southern on 1/20/2022.] |
| Filing 8 ANSWER to Complaint., COUNTERCLAIM against Prosperum Capital Partners LLC. Document filed by You Nay Hor Khao, New Happy Food Company, NHC Food Company Inc. (Attachments: #1 Exhibit A -- agreement, #2 Exhibit B -- bank statements).(Coleman, John) [Transferred from New York Southern on 1/20/2022.] |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New Happy Food Company..(Coleman, John) [Transferred from New York Southern on 1/20/2022.] |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NHC Food Company Inc..(Coleman, John) [Transferred from New York Southern on 1/20/2022.] |
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Filing 5
ORDER with respect to #4 Motion to Transfer Case. The Court has received defendants' motion to transfer venue to the District Court for the Northern District of Georgia. Dkt. 4. Plaintiffs opposition, if any, shall be due October 8, 2021. Defendants' reply shall be due October 15, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/30/2021) (va) [Transferred from New York Southern on 1/20/2022.]
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| Set/Reset Deadlines: Responses due by 10/8/2021. Replies due by 10/15/2021. (va) [Transferred from New York Southern on 1/20/2022.] |
| Filing 4 MOTION to Transfer Case (Northern District of Georgia). Document filed by You Nay Hor Khao, NHC Food Company Inc, New Happy Food Company. Return Date set for 10/20/2021 at 10:00 AM. (Attachments: #1 Exhibit Ex B Signed Declaration).(Coleman, John) [Transferred from New York Southern on 1/20/2022.] |
| Filing 3 CERTIFICATE OF SERVICE of Notice of Removal served on Prosperum Capital Partners LLC on 09/24/2021. Service was made by Mail. Document filed by You Nay Hor Khao, NHC Food Company Inc, New Happy Food Company..(Coleman, John) [Transferred from New York Southern on 1/20/2022.] |
| Filing 2 CIVIL COVER SHEET filed..(Coleman, John) [Transferred from New York Southern on 1/20/2022.] |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney John Alvin Coleman, Jr.. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) [Transferred from New York Southern on 1/20/2022.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Alvin Coleman, Jr.. The party information for the following party/parties has been modified: Prosperum Capital Partners LLC, NHC Food Company Inc. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted;. (pc) [Transferred from New York Southern on 1/20/2022.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Alvin Coleman, Jr.. The following case opening statistical information was erroneously selected/entered: Dollar Demand $142,000,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the Fee Status code has been modified to pd (paid);. (pc) [Transferred from New York Southern on 1/20/2022.] |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 1/20/2022.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 1/20/2022.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 1/20/2022.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 153500/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25107938).Document filed by You Nay Hor Khao, New Happy Food Company, NHC Food Company Inc. (Attachments: #1 Exhibit State Summons and Complaint, #2 Exhibit Purchase Agreement, #3 Exhibit Affidavit of Service, #4 Exhibit Affidavit of Service, #5 Exhibit Notice of Motion, #6 Exhibit Affidavit in Support, #7 Exhibit Affirmation in Support, #8 Exhibit Motion Exhibits, #9 Exhibit Affirmation of Service, #10 Exhibit RJI, #11 Exhibit Notice of Bankruptcy, #12 Exhibit Notice of Bankruptcy).(Coleman, John) [Transferred from New York Southern on 1/20/2022.] |
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