Lily Produce Inc. et al v. BHSM Group LLC et al
Plaintiff: Lily Produce Inc. and S. Katzman Produce, Inc.
Defendant: Deoksung Fruit & Vegetable Corp., Bongrae Fruit & Vegetable Corp., Taebaek Fruit & Vegetable Corp., Kumkang Fruit & Vegetable Corp. and BHSM Group LLC
Case Number: 1:2019cv07910
Filed: August 23, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Agriculture Acts
Cause of Action: 07:499
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2019 Filing 11 CERTIFICATE OF SERVICE of Order to Show Cause Why Preliminary Injunction Should Not Issue Pursuant to Fed. R. Civ. P. 65, together with all supporting papers, the Summons, Complaint, Civil Cover Sheet and corporate disclosure statement served on all Defendants on August 23, 2019. Service was made by Federal Express. Document filed by Lily Produce Inc., S. Katzman Produce, Inc.. (Attachments: #1 Supplement Federal Express Waybills)(Brown, Gregory)
August 23, 2019 Filing 10 MEMORANDUM OF LAW in Support re: #6 MOTION for Temporary Restraining Order ., #7 MOTION for Preliminary Injunction . . Document filed by Lily Produce Inc., S. Katzman Produce, Inc.. (Brown, Gregory)
August 23, 2019 Filing 9 DECLARATION of Gary Allen in Support re: #6 MOTION for Temporary Restraining Order ., #7 MOTION for Preliminary Injunction .. Document filed by Lily Produce Inc., S. Katzman Produce, Inc.. (Attachments: #1 Exhibit F through H)(Brown, Gregory)
August 23, 2019 Filing 8 DECLARATION of Kwang Baik in Support re: #6 MOTION for Temporary Restraining Order ., #7 MOTION for Preliminary Injunction .. Document filed by Lily Produce Inc., S. Katzman Produce, Inc.. (Attachments: #1 Exhibit A through E)(Brown, Gregory)
August 23, 2019 Filing 7 MOTION for Preliminary Injunction . Document filed by Lily Produce Inc., S. Katzman Produce, Inc.. Return Date set for 9/5/2019 at 12:00 PM.(Brown, Gregory)
August 23, 2019 Filing 6 MOTION for Temporary Restraining Order . Document filed by Lily Produce Inc., S. Katzman Produce, Inc.. Return Date set for 9/5/2019 at 12:00 PM. (Attachments: #1 Text of Proposed Order, #2 Supplement Attorney Certification)(Brown, Gregory)
August 23, 2019 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lily Produce Inc., S. Katzman Produce, Inc..(Brown, Gregory)
August 23, 2019 Filing 4 MEMO ENDORSEMENT on DECLARATION IN SUPPORT OF PLAINTIFF'S MOTIONS FOR INJUNCTIVE RELIEF: ENDORSEMENT: Signed version provided separately. (Signed by Judge Part I Valerie E. Caproni on 8/23/2019) (ama) Modified on 8/23/2019 (ama).
August 23, 2019 Opinion or Order Filing 3 ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED UNDER FED. R. CIV. P. 65(b): Show Cause Hearing set for 9/5/2019 at 12:00 PM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. ORDERED, that, sufficient reason having been shown therefore, and it appearing that Plaintiffs will suffer immediate irreparable injury in the form of dissipation of trust assets by Defendants which would render ultimate recovery of those assets unlikely, and that notice of this application will make dissipation of trust assets more likely, pending the hearing of Plaintiffs' application for a preliminary injunction pursuant to Fed. R. Civ. P. 65, Defendants, their customers, agents, employees, officers, directors, subsidiaries, related entities, assigns and banking institutions are temporarily enjoined and restrained from alienating, dissipating, paying over or assigning any assets of Defendants, or their subsidiaries or related companies, except for payment to Plaintiffs, until further order of this Court or until Defendants pay Plaintiffs the amount of $137,801.47 by bank check or wire transfer, at which time this Order is dissolved; and it is further ORDERED that in the event Defendants fail to pay Plaintiffs the amount of $137,801.47 by bank check or wire transfer within two business days of service of this Order, then Defendants shall file with this Court, with a copy to Plaintiffs' counsel, an accounting which identifies the assets and liabilities and accounts receivable reports of the Defendants signed under penalty of perjury; and that Defendants shall also supply to Plaintiffs' attorney, within five days of the date of this Order any and all documents in their possession, custody or control related to the assets and liabilities of the Defendants and their related and subsidiary companies, including, but not limited to: (1) mostrecent balance sheets and profit/loss statements; (2) all accounts receivable records showing all funds collected by or on behalf of the Defendants in the last sixty days in addition to all records showing accounts receivable currently outstanding, including names, addresses, amounts and other documentation such as invoices and account statements necessary for collection purposes; (3) all documents related to funds owed to the Defendants on behalf of credit/debit card processors and any other electronic funds transfers due defendants; and (4) all financial records, such as bank account statements, checking account registers and cash receipt records, showing any transfer of funds to or from the Defendants in the last six months; ORDERED that bond shall be waived in view of Defendants now holding $137,801.47 worth of Plaintiffs' assets. And as set forth herein. (Signed by Part I Judge Valerie E. Caproni on 8/23/2019) (ama)
August 23, 2019 Case Designated ECF. (pc)
August 23, 2019 Magistrate Judge James L. Cott 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: #http://nysd.uscourts.gov/forms.php. (pc)
August 23, 2019 SUMMONS ISSUED as to BHSM Group LLC, Bongrae Fruit & Vegetable Corp., Deoksung Fruit & Vegetable Corp., Kumkang Fruit & Vegetable Corp., Taebaek Fruit & Vegetable Corp.. (pc)
August 23, 2019 Filing 2 CIVIL COVER SHEET filed. (pc) (pc).
August 23, 2019 Filing 1 COMPLAINT against BHSM Group LLC, Bongrae Fruit & Vegetable Corp., Deoksung Fruit & Vegetable Corp., Kumkang Fruit & Vegetable Corp., Taebaek Fruit & Vegetable Corp.. (Filing Fee $ 400.00, Receipt Number 465401242688)Document filed by S. Katzman Produce, Inc., Lily Produce Inc..(pc) (pc).

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Search for this case: Lily Produce Inc. et al v. BHSM Group LLC et al
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Defendant: Deoksung Fruit & Vegetable Corp.
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Defendant: Bongrae Fruit & Vegetable Corp.
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Defendant: Taebaek Fruit & Vegetable Corp.
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Defendant: Kumkang Fruit & Vegetable Corp.
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Defendant: BHSM Group LLC
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Plaintiff: Lily Produce Inc.
Represented By: Gregory Adam Brown
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Plaintiff: S. Katzman Produce, Inc.
Represented By: Gregory Adam Brown
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