KJY Investment LLC et al v. Noblesse Nail & Spa, Inc. et al
Beautiful Spa LLC and KJY INVESTMENT LLC |
Kwi Young Shim, Jae Woong Choi and Noblesse Nail & Spa, Inc. |
7:2020cv09116 |
October 30, 2020 |
US District Court for the Southern District of New York |
Kenneth M Karas |
Andrew E Krause |
Contract: Recovery/Enforcement |
28 U.S.C. § 1332 df Diversity-Contract Default |
Both |
Docket Report
This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
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Filing 57 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Beautiful Spa LLC, KJY Investment LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Kwi Young Shim, Noblesse Nail & Spa, Inc., Jae Woong Choi. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kwak, Sean) |
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Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 1/12/2022. Craig Cepler appeared by telephone on behalf of the plaintiff. Sean Kwak appeared by telephone on behalf of the defendant. The deadline for fact depositions is extended by one week, to February 4, 2022. Mr. Chois deposition will take place on January 26, 2022, and Ms. Shins will take place on either January 31, 2022 at 11:00 a.m., or February 4, 2022 at 9:00 a.m. The parties will contact the Court if they are interested in scheduling a settlement conference. Adjourned without date. (Court Reporter AT&T) (sbr) |
Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 12/9/2021, Settlement Conference held on 12/9/2021. Craig Cepler appeared by telephone on behalf of the plaintiffs. Sean Kwak appeared by telephone on behalf of the defendants. The deadline for paper and written discovery is extended to 12/30/21. The deadline for depositions to be completed is extended to 1/28/22. Next conference is scheduled for Wednesday, January 12, 2022 at 12:30 p.m. If there are any disputes the conference will be in person, otherwise the conference will be telephonic (the parties are directed to dial into the conference using the same number as the 12/9/21 conference). (Court Reporter AT&T) (sbr) |
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Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 10/25/2021. Craig Cepler appeared on behalf of Plaintiffs; Sean Kwak appeared on behalf of Defendants. No court reporter served. The Court adopted a case management order. See Order. The Court will hold another conference on March 4, 2022 at 10:00 AM. Any pre-motion letters are due February 7, 2022 and the non-movant's response is due February 14, 2022. (RAS). |
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Filing 48 PROPOSED CASE MANAGEMENT PLAN. Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
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Filing 46 LETTER MOTION to Adjourn Conference scheduled for 10/20/2021 addressed to Judge Kenneth M. Karas from Craig M. Cepler dated 10/15/2021. Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
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Set/Reset Hearings: Initial Conference set for 10/20/2021 at 11:30 AM before Judge Kenneth M. Karas. (vfr) |
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Filing 43 LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from Craig M. Cepler dated 3/17/2021 re: #42 LETTER MOTION for Leave to File Sur-Reply addressed to Judge Kenneth M. Karas from Seokchan Kwak, Esq. dated March 17, 2021. . Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
Filing 42 LETTER MOTION for Leave to File Sur-Reply addressed to Judge Kenneth M. Karas from Seokchan Kwak, Esq. dated March 17, 2021. Document filed by Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim..(Kwak, Seokchan) |
Filing 41 DECLARATION of Yongman Kim (Reply) in Support re: #32 MOTION for Summary Judgment .. Document filed by Beautiful Spa LLC, KJY Investment LLC. (Attachments: #1 Exhibit W - Acknowledgement of Waiver as to Counsel (Loan 1), #2 Exhibit X - Acknowledgement of Waiver as to Counsel (Loan 2), #3 Exhibit Y - Acknowledgement of Waiver as to Counsel (Loan 3), #4 Exhibit Z - Acknowledgement of Waiver as to Counsel (Loan 4), #5 Exhibit AA - Notice of Maturity Date (Loan 1), #6 Exhibit BB - Notice of Maturity Date (Loan 2), #7 Exhibit CC - Notice of Maturity Date (Loan 3), #8 Exhibit DD - Notice of Maturity Date (Loan 4)).(Cepler, Craig) |
Filing 40 REPLY MEMORANDUM OF LAW in Support re: #32 MOTION for Summary Judgment . . Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
Filing 39 RESPONSE in Opposition to Motion re: #32 MOTION for Summary Judgment . . Document filed by Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim. (Attachments: #1 Defendants' Response to Plaintiffs' Rule 56.1 Statement of Facts, #2 Defendants' Counter-Statement In Opposition, #3 Attorney Certification, #4 Declaration of Kwi Young Shim, #5 Declaration of Jae Woong Choi, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H).(Chen, Power) |
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Filing 37 CONSENT LETTER addressed to Judge Kenneth M. Karas from Craig M. Cepler dated 1/28/2021 re: Plaintiffs' Motion for Summary Judgment. Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
Filing 36 DECLARATION of Yongman Kim in Support re: #32 MOTION for Summary Judgment .. Document filed by Beautiful Spa LLC, KJY Investment LLC. (Attachments: #1 Exhibit A - First Loan Agreement, #2 Exhibit B - First Promissory Note, #3 Exhibit C - First Pledge & Security Agreement, #4 Exhibit D - First Corporate Security Agreement, #5 Exhibit E - First Guaranty, #6 Exhibit F - Second Loan Agreement, #7 Exhibit G - Second Promissory Note, #8 Exhibit H - Second Pledge & Security Agreement, #9 Exhibit I - Second Corporate Security Agreement, #10 Exhibit J - Second Guaranty, #11 Exhibit K - Third Loan Agreement, #12 Exhibit L - Third Promissory Note, #13 Exhibit M - Third Pledge & Security Agreement, #14 Exhibit N - Corporate Security Agreement, #15 Exhibit O - Third Guaranty, #16 Exhibit P - Corporate Resolution, #17 Exhibit Q - Fourth Loan Agreement, #18 Exhibit R - Fourth Promissory Note, #19 Exhibit S - Fourth Corporate Security Agreement, #20 Exhibit T - Fourth Guaranty, #21 Exhibit U - Individual Security Agreement, #22 Exhibit V - Settlement & Forebearance Agreement).(Cepler, Craig) |
Filing 35 DECLARATION of Craig M. Cepler, Esq. in Support re: #32 MOTION for Summary Judgment .. Document filed by Beautiful Spa LLC, KJY Investment LLC. (Attachments: #1 Exhibit A - Complaint).(Cepler, Craig) |
Filing 34 RULE 56.1 STATEMENT. Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION for Summary Judgment . . Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
Filing 32 MOTION for Summary Judgment . Document filed by Beautiful Spa LLC, KJY Investment LLC. Responses due by 3/1/2021.(Cepler, Craig) |
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Filing 30 LETTER addressed to Judge Kenneth M. Karas from Seokchan Kwak, Esq. dated January 27, 2021 re: Response to January 27, 2021 Docket Order. Document filed by Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim..(Kwak, Seokchan) |
Filing 29 RULE 56.1 STATEMENT. Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
Filing 28 LETTER addressed to Judge Kenneth M. Karas from Seokchan Kwak, Esq. dated January 27, 2021 re: Response to Plaintiffs' Letter Dated January 26, 2021. Document filed by Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim..(Kwak, Seokchan) |
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Filing 26 LETTER MOTION for Leave to File Rule 56.1 Statement of Undisputed Facts addressed to Judge Kenneth M. Karas from Craig M. Cepler dated 1/26/2021. Document filed by Beautiful Spa LLC, KJY Investment LLC. (Attachments: #1 Exhibit A - Proposed Rule 56.1 Statement of Undisputed Facts).(Cepler, Craig) |
Filing 25 RESPONSE in Opposition to Motion re: #21 MOTION for Summary Judgment . and Cross-Motion to Dismiss Pursuant to FRCP 12(b)(1). Document filed by Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim. (Attachments: #1 Affidavit of Service, #2 Memorandum of Law in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of Defendants' Motion to Dismiss, #3 Affidavit of Defendant Jae Woong Choi, #4 Affidavit of Defendant Kwi Young Shim, #5 Affidavit of counsel, Power J. Chen, Esq., #6 Exhibit A - Additional Loan Documents, #7 Exhibit B - Payments to Robert Yu, Esq., #8 Exhibit C - Payments for Maturity Date Extensions, #9 Exhibit D - Payments for Late Fees, #10 Exhibit E - World Health Organization Pandemic Announcement, #11 Exhibit F - N.Y. Exec. Order No. 202.7).(Chen, Power) |
Filing 24 DECLARATION of Yongman Kim in Support re: #21 MOTION for Summary Judgment .. Document filed by Beautiful Spa LLC, KJY Investment LLC. (Attachments: #1 Exhibit A - First Loan Agreement, #2 Exhibit B - First Promissory Note, #3 Exhibit C - First Pledge & Security Agreement, #4 Exhibit D - First Corporate Security Agreement, #5 Exhibit E - First Guaranty, #6 Exhibit F - Second Loan Agreement, #7 Exhibit G - Second Promissory Note, #8 Exhibit H - Second Pledge & Security Agreement, #9 Exhibit I - Second Corporate Security Agreement, #10 Exhibit J - Second Guaranty, #11 Exhibit K - Third Loan Agreement, #12 Exhibit L - Third Promissory Note, #13 Exhibit M - Third Pledge & Security Agreement, #14 Exhibit N - Corporate Security Agreement, #15 Exhibit O - Third Guaranty, #16 Exhibit P - Corporate Resolution, #17 Exhibit Q - Fourth Loan Agreement, #18 Exhibit R - Fourth Promissory Note, #19 Exhibit S - Fourth Corporate Security Agreement, #20 Exhibit T - Fourth Guaranty, #21 Exhibit U - Individual Security Agreement, #22 Exhibit V - Settlement & Forebearance Agreement).(Cepler, Craig) |
Filing 23 DECLARATION of Craig M. Cepler, Esq. in Support re: #21 MOTION for Summary Judgment .. Document filed by Beautiful Spa LLC, KJY Investment LLC. (Attachments: #1 Exhibit A - Complaint).(Cepler, Craig) |
Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION for Summary Judgment . . Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
Filing 21 MOTION for Summary Judgment . Document filed by Beautiful Spa LLC, KJY Investment LLC. Responses due by 1/23/2021.(Cepler, Craig) |
Filing 20 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim..(Kwak, Seokchan) |
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Filing 18 CERTIFICATE OF SERVICE of Court's Memo Order (Doc. No. 13) served on Defendants on 11/25/2020. Service was made by Mail. Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
Filing 17 LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Power J. Chen, Esq. dated November 25, 2020. Document filed by Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim..(Chen, Power) |
Filing 16 NOTICE OF APPEARANCE by Power J. Chen on behalf of Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim..(Chen, Power) |
Filing 15 NOTICE OF APPEARANCE by Joshua Seoung Young Lim on behalf of Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim..(Lim, Joshua) |
Filing 14 NOTICE OF APPEARANCE by Seokchan Kwak on behalf of Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim..(Kwak, Seokchan) |
Filing 13 MEMO ENDORSEMENT on re: #11 LETTER MOTION for Conference in advance of moving for summary judgment addressed to Judge Kenneth M. Karas from Craig M. Cepler dated 11/16/2020. filed by Beautiful Spa LLC, KJY Investment LLC. ENDORSEMENT: Defendant's summary motion is due 12/23/20. Defense response is due 1/23/21. Defense reply is due 2/8/21. Plaintiff's counsel is to mail this memo endorsement to Defendants and certify that this has done in a filing by 11/30/20. ( Motions due by 12/23/2020., Responses due by 1/23/2021, Replies due by 2/8/2021.) (Signed by Judge Kenneth M. Karas on 11/23/2020) (cf) |
Filing 12 CERTIFICATE OF SERVICE. Jae Woong Choi served on 11/12/2020, answer due 12/3/2020. Service was made by Mail (CPLR 308(4)). Document filed by KJY Investment LLC; Beautiful Spa LLC..(Cepler, Craig) |
Filing 11 LETTER MOTION for Conference in advance of moving for summary judgment addressed to Judge Kenneth M. Karas from Craig M. Cepler dated 11/16/2020. Document filed by Beautiful Spa LLC, KJY Investment LLC..(Cepler, Craig) |
Filing 10 CERTIFICATE OF SERVICE. Kwi Young Shim served on 11/6/2020, answer due 11/27/2020. Service was accepted by Kwi Young Shim. Document filed by KJY Investment LLC; Beautiful Spa LLC..(Cepler, Craig) |
Filing 9 AFFIDAVIT OF SERVICE. Noblesse Nail & Spa, Inc. served on 11/6/2020, answer due 11/27/2020. Service was accepted by Kwi Young Shim. Document filed by KJY Investment LLC; Beautiful Spa LLC..(Cepler, Craig) |
Filing 8 CIVIL COVER SHEET filed..(Cepler, Craig) |
Filing 7 ELECTRONIC SUMMONS ISSUED as to Noblesse Nail & Spa, Inc...(jgo) |
Filing 6 ELECTRONIC SUMMONS ISSUED as to Kwi Young Shim..(jgo) |
Filing 5 ELECTRONIC SUMMONS ISSUED as to Jae Woong Choi..(jgo) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Craig Matthew Cepler. The party information for the following party/parties has been modified: KJY INVESTMENT LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Craig Matthew Cepler. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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..(jgo) |
Case Designated ECF. (jgo) |
Magistrate Judge Andrew E. Krause 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. (jgo) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Noblesse Nail & Spa, Inc., re: #1 Complaint. Document filed by Beautiful Spa LLC, KJY INVESTMENT LLC..(Cepler, Craig) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Kwi Young Shim, re: #1 Complaint. Document filed by Beautiful Spa LLC, KJY INVESTMENT LLC..(Cepler, Craig) |
Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Jae Woong Choi, re: #1 Complaint. Document filed by Beautiful Spa LLC, KJY INVESTMENT LLC..(Cepler, Craig) |
Filing 1 COMPLAINT against Jae Woong Choi, Noblesse Nail & Spa, Inc., Kwi Young Shim. (Filing Fee $ 400.00, Receipt Number BNYSDC-22391825)Document filed by KJY INVESTMENT LLC, Beautiful Spa LLC..(Cepler, Craig) |
***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Craig Matthew Cepler to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 11/4/2020. (dnh) |
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