Joe Sunshine Trading LLC v. Shanghai To-Max Textile Co., Ltd. et al

Filing 56

DEFAULT JUDGMENT: ORDERED, ADJUDGED and DECREED, that plaintiff, Joe Sunshine Trading, LLC, having its principal place of business at 237 West 37th Street, New York, New York 10018 have judgment against defendants New Wave Fashion Inc. having its� 39; last known place of business at 457 West Allen Avenue Suite 115A San Dimas, CA 91773 and Glory Victory Trading Limited, having its' principal place of business at Unit 08, 15/F Witty Commercial Building 1A-1L Tung Choi Street, Kowloon Hong Kong zip 999077, Hong Kong China on the 1st Count For Relief jointly and severally in the sum of $206,445.392 together with interest on said amount pursuant to state law (CPLR 5001) at 9% per annum in the sum of $38,662.07, and costs i n the sum of $2,052.87, making a total of $247,160.33. ORDERED, ADJUDGED and DECREED that the claims against Defendant Top Fashion Group are DISMISSED without prejudice because Plaintiff was unable to serve the default judgment papers on that Defendant. See Letter, Dkt. 53 at 2 (Plaintiff agreeing to discontinue action against Top Fashion without prejudice). Top Fashion Group Inc. terminated. (Signed by Judge Valerie E. Caproni on 6/4/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 6/4/2024

JOE SUNSHINE TRADING LLC,
Plaintiff,
-against-

23-CV-4444 (VEC)

SHANGHAI TO-MAX TEXTILE CO., LTD., NEW
WAVE FASHION INC., TOP FASHION GROUP
INC., GLORY VICTORY TRADING LIMITED,

DEFAULT JUDGMENT

Defendants.

This action having been commenced on May 30, 2023 with the filing of a summons and
complaint1, and an amended complaint was filed on June 5, 2023, and a copy of the summons
and amended complaint having been was served on defendant Glory Victory Trading Limited by
personally serving Doreen Springette, assistant manager of Vistra (BVI) Limited which is the
registered agent for Glory Victory Trading Limited on August 15, 2023, Doc #19; and a copy of
the summons and amended complaint was served on New Wave Fashion Inc. by personally
serving Nancy Dougherty, of the Office of the New York Secretary of State, as the statutory
agent for New Wave Fashion Inc. under New York’s Business Corporation Law §307 (“BCL
307”), and proof of service thereof was filed on June 16, 2023, Doc #12, and on June 29, 2023 an
additional mailing of the summons and amended complaint with notice of service was sent to
New Wave Fashion Inc. by Registered Mail pursuant to BCL 307, and proof of service thereof
was filed on July 3, 2023, Doc #15, and said Registered Mail was returned “Refused” and on
July 26, 2023 a further additional mailing was made under BCL 307 and proof of service thereof
filed on July 27, 2023, Doc #16; and Plaintiff, Joe Sunshine Trading, LLC having not served

1

The initial complaint was not served.

defendant Shanghai To-Max Textile Co., Ltd. and consented to withdraw its claims against said
defendant without prejudice upon entry of this judgment, and having moved for a default
judgment against defendants Glory Victory Trading Limited and New Wave Fashion Group Inc,
pursuant to the Individual Rules of Judge Valerie E. Caproni, and the Federal Rules of Civil
Procedure, providing defendants Glory Victory Trading Limited and New Wave Fashion Group
with additional notice that plaintiff would be seeking entry of judgment by default, and the
defendants Glory Victory Trading Limited and New Wave Fashion Group Inc not having
answered the Amended Complaint, and the time for answering the Amended Complaint having
expired, it is hereby,
ORDERED, ADJUDGED and DECREED, that plaintiff, Joe Sunshine Trading, LLC,
th

having its principal place of business at 237 West 37 Street, New York, New York 10018 have
judgment against defendants New Wave Fashion Inc. having its’ last known place of business at
457 West Allen Avenue – Suite 115A San Dimas, CA 91773 and Glory Victory Trading
Limited, having its’ principal place of business at Unit 08, 15/F Witty Commercial Building 1A1L Tung Choi Street, Kowloon Hong Kong zip 999077, Hong Kong China on the 1st Count For
Relief jointly and severally in the sum of $206,445.392 together with interest on said amount
pursuant to state law (CPLR 5001) at 9% per annum in the sum of $38,662.07 , and costs in the
sum of $2,052.87, making a total of $247,160.33 .
ORDERED, ADJUDGED and DECREED that the claims against Defendant Top Fashion
Group are DISMISSED without prejudice because Plaintiff was unable to serve the default

2

Plaintiff requested damages in the amount of $211,572.30, see Proposed Order, Dkt. 36, and provided a
spreadsheet showing how it reached that total, see Spreadsheet, Dkt. 55. The Court was able to confirm Plaintiff’s
numbers in the spreadsheet at Dkt. 55 except for the $5,126.91 commission listed in the first row. The August 28,
2021, statement confirms the $9,999.24 commission listed in the second row but does not support the existence of a
$5,126.91 commission as listed in the first row. Heaven Decl., Ex. 4, Dkt. 41-1 at 26.

2

judgment papers on that Defendant. See Letter, Dkt. 53 at 2 (Plaintiff agreeing to discontinue
action against Top Fashion without prejudice).
Dated: New York, New York
June 4, 2024
Hon. Valerie E. Caproni
United States District Judge

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