Chongqing Huansong Industries (Group) Co., Ltd. et al v. Performance Powersports Group Inc. et al
| Chongqing Huansong Industries (Group) Co., Ltd., Chongqing Huansong Science and Technology Industrial Co., Ltd. and Vietnam New Century Industrial Company Limited |
| Performance Powersports Group Inc., Kinderhook Industries LLC, Performance Powersports Group Inc. formerly known as Rich Godfrey & Associates, Inc. doing business as Coleman Powersports and Rich Godfrey & Associates, Inc. |
| 1:2022cv10652 |
| December 16, 2022 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 LETTER addressed to Judge J. Paul Oetken from the Plaintiffs dated February 8, 2023 re: JPO's Individual Rule 3(D)(ii). Document filed by Chongqing Huansong Industries (Group) Co., Ltd., Chongqing Huansong Science and Technology Industrial Co., Ltd., Vietnam New Century Industrial Company Limited..(Kramer, Katherine) |
Filing 24
ORDER granting #20 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss Complaint. . Document filed by Kinderhook Industries LLC..(Arnault, William) |
| Filing 22 MOTION to Dismiss Complaint. Document filed by Kinderhook Industries LLC..(Arnault, William) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kinderhook Industries LLC..(Arnault, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Kate Guilfoyle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27275251. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac) |
| Filing 20 MOTION for Kate Guilfoyle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27275251. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kinderhook Industries LLC. (Attachments: #1 Supplement Declaration in Support, #2 Exhibit A- Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Guilfoyle, Kate) |
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Filing 19
ORDER: GIVEN THE SUBMISSION AT DOCKET NUMBER 18, THE COURT FINDS THAT PLAINTIFFS HAVE PROPERLY PLEADED THE REQUIREMENTS FOR DIVERSITY JURISDICTION OVER DEFENDANT KINDERHOOK INDUSTRIES LLC. KINDERHOOK SHALL MOVE, ANSWER, OR OTHERWISE RESPOND ON OR BEFORE FEBRUARY 1, 2023. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (aa)
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| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re: #15 Order to Show Cause,,,, Set Deadlines,,,, Terminate Motions,,,. Document filed by Chongqing Huansong Industries (Group) Co., Ltd., Chongqing Huansong Science and Technology Industrial Co., Ltd., Vietnam New Century Industrial Company Limited. (Attachments: #1 Exhibit Ex. A to Response to OTSC).(Kramer, Katherine) |
| Filing 17 SUGGESTION OF BANKRUPTCY upon the record as to Performance Powersport Group Inc. . Document filed by Performance Powersports Group Inc. (Attachments: #1 Exhibit A - Voluntary Petition for Bankruptcy of Performance Powersports Group, Inc.).(McDonald, Matthew) |
| Filing 16 SUGGESTION OF BANKRUPTCY upon the record as to Performance Powersports Group, Inc. . Document filed by Chongqing Huansong Industries (Group) Co., Ltd., Chongqing Huansong Science and Technology Industrial Co., Ltd., Vietnam New Century Industrial Company Limited.(Kramer, Katherine) |
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Filing 15
ORDER: Therefore, Plaintiff shall, on or before January 18, 2023, either (1) show cause as to why its complaint should not be dismissed for lack of subject matter jurisdiction, or (2) move to file an amended complaint that properly pleads jurisdiction. If Plaintiff fails to do so, this action may be dismissed. Defendant Kinderhook LLC shall answer, move, or otherwise respond to the complaint within two weeks after Plaintiff has complied with this Order. The Clerk of Court is directed to close the motion at Docket Number 13. ( As further set forth in this Order.) SO ORDERED. ( Motions due by 1/18/2023.), Motions terminated: #13 LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to the Complaint addressed to Judge Cathy Seibel from Lamina Bowen dated January 3, 2023 filed by Kinderhook Industries LLC. (Signed by Judge J. Paul Oetken on 1/4/2023) (vfr)
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Filing 14
ORDER granting #11 Motion to Appear Pro Hac Vice. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 13 LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to the Complaint addressed to Judge Cathy Seibel from Lamina Bowen dated January 3, 2023. Document filed by Kinderhook Industries LLC..(Bowen, Lamina) |
| Filing 12 ACKNOWLEDGMENT OF SERVICE. Kinderhook Industries LLC served on 12/20/2022, answer due 1/10/2023. Service was accepted by William E. Arnault. Document filed by Chongqing Huansong Industries (Group) Co., Ltd.; Vietnam New Century Industrial Company Limited; Chongqing Huansong Science and Technology Industrial Co., Ltd...(Kramer, Katherine) |
| NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Cathy Seibel is no longer assigned to the case. (vba) |
| Magistrate Judge Gabriel W. Gorenstein 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. (vba) |
| Magistrate Judge Paul E. Davison 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. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Colleen McMahon is no longer assigned to the case. (laq) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for William E. Arnault to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27140184. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 11 MOTION for William E. Arnault to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27140184. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kinderhook Industries LLC. (Attachments: #1 Affidavit - Declaration of William E. Arnault in Support, #2 Exhibit A - Certificate of Good Standing (IL), #3 Text of Proposed Order - Proposed Order).(Arnault, William) |
| Filing 10 NOTICE OF APPEARANCE by Lamina E Bowen on behalf of Kinderhook Industries LLC..(Bowen, Lamina) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Kinderhook Industries LLC. (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Performance Powersports Group Inc.. (vf) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Kinderhook Industries LLC, re: #1 Complaint,. Document filed by Chongqing Huansong Industries (Group) Co., Ltd., Chongqing Huansong Science and Technology Industrial Co., Ltd., Vietnam New Century Industrial Company Limited..(Kramer, Katherine) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Performance Powersports Group, Inc., re: #1 Complaint,. Document filed by Chongqing Huansong Industries (Group) Co., Ltd., Chongqing Huansong Science and Technology Industrial Co., Ltd., Vietnam New Century Industrial Company Limited..(Kramer, Katherine) |
| Filing 5 NOTICE OF APPEARANCE by Katherine Burghardt Kramer on behalf of Chongqing Huansong Industries (Group) Co., Ltd., Chongqing Huansong Science and Technology Industrial Co., Ltd., Vietnam New Century Industrial Company Limited..(Kramer, Katherine) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Katherine Burghardt Kramer. The party information for the following party/parties has been modified: Performance Powersports Group, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Katherine Burghardt Kramer. The following case opening statistical information was erroneously selected/entered: Dollar Demand $57,829,984,000; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of U.S.; the Fee Status code has been modified to pd (paid). (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Katherine Burghardt Kramer to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; caption error, all parties must be clearly seen. If all names do not fit in the space provided, name the first listed plaintiff/defendant on the pleading followed by 'et al'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Kinderhook Industries LLC, re: #1 Complaint. Document filed by Chongqing Huansong Industries (Group) Co., Ltd., Chongqing Huansong Science and Technology Industrial Co., Ltd., Vietnam New Century Industrial Company Limited.(Kramer, Katherine) Modified on 12/19/2022 (sj). |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Performance Powersports Group, Inc., re: #1 Complaint. Document filed by Chongqing Huansong Industries (Group) Co., Ltd., Chongqing Huansong Science and Technology Industrial Co., Ltd., Vietnam New Century Industrial Company Limited.(Kramer, Katherine) Modified on 12/19/2022 (sj). |
| Filing 2 CIVIL COVER SHEET filed..(Kramer, Katherine) |
| Filing 1 COMPLAINT against Kinderhook Industries LLC, Performance Powersports Group Inc.. (Filing Fee $ 402.00, Receipt Number BNYSDC-27101234)Document filed by Chongqing Huansong Industries (Group) Co., Ltd., Vietnam New Century Industrial Company Limited, Chongqing Huansong Science and Technology Industrial Co., Ltd...(Kramer, Katherine) |
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