Prosperum Capital Partners LLC v. NHC Food Company Inc et al
Defendant: You Nay Hor Khao
Petitioner: Prosperum Capital Partners LLC doing business as Arsenal Funding
Respondent: New Happy Food Company and NHC Food Company Inc doing business as NHC Food Company
Counter Claimant: NHC Food Company Inc
Counter Defendant: Prosperum Capital Partners LLC
Case Number: 1:2021cv07974
Filed: September 24, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 11 U.S.C. ยง 101
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2021 Opinion or Order 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)
November 14, 2021 Opinion or Order 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)
October 26, 2021 Opinion or Order 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.
October 26, 2021 Opinion or Order 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).
October 26, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (dt)
October 26, 2021 Opinion or Order ***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)
October 21, 2021 Opinion or Order Filing 12 NOTICE OF APPEARANCE by William Rountree on behalf of NHC Food Company Inc, New Happy Food Company..(Rountree, William)
October 18, 2021 Opinion or Order 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)
October 15, 2021 Opinion or Order 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)
October 14, 2021 Opinion or Order 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).
October 14, 2021 Opinion or Order >>>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)
October 1, 2021 Opinion or Order 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)
October 1, 2021 Opinion or Order Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New Happy Food Company..(Coleman, John)
October 1, 2021 Opinion or Order Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NHC Food Company Inc..(Coleman, John)
September 30, 2021 Opinion or Order 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)
September 30, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 10/8/2021. Replies due by 10/15/2021. (va)
September 29, 2021 Opinion or Order 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)
September 27, 2021 Opinion or Order 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)
September 27, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Coleman, John)
September 27, 2021 Opinion or Order ***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)
September 27, 2021 Opinion or Order ***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)
September 27, 2021 Opinion or Order ***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)
September 27, 2021 Opinion or Order 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)
September 27, 2021 Opinion or Order Case Designated ECF. (pc)
September 27, 2021 Opinion or Order 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)
September 24, 2021 Opinion or Order 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)

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Counter claimant: NHC Food Company Inc
Represented By: John Alvin Coleman, Jr.
Represented By: William Rountree
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Respondent: New Happy Food Company
Represented By: John Alvin Coleman, Jr.
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Respondent: NHC Food Company Inc doing business as NHC Food Company
Represented By: John Alvin Coleman, Jr.
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Defendant: You Nay Hor Khao
Represented By: John Alvin Coleman, Jr.
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Counter defendant: Prosperum Capital Partners LLC
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Petitioner: Prosperum Capital Partners LLC doing business as Arsenal Funding
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