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And who's fault is that, refusal of delivery and not maintaining the LLC as
required especially if there are either debt or legal procedures known
before terminating their LLC.
Attempting to avoid something usually will not work.
D_DOG
RE: "Sketchy, unsafe website link."
You should feel right at home....LOL
Joke
D_DOG
This can at times be a tactical move or the previous attorney
asked to be removed, no explanation was given.
This firm only had Attorney Adrien Rafael Lorrain available when
the case started, he was the only attorney that was admitted to
practice in Louisiana Western District Court at that time.
D_DOG
N95's lawyer has officially been replaced by Substitute Counsel Chaunda "Shawn" M. Brooks
Monday, January 22, 2024
39 order Order on Motion to Substitute Attorney Mon 01/22 1:26 PM
ORDER granting38 Motion to Substitute Attorney. Attorney Adrien Rafael Lorrain terminated. Signed by Magistrate Judge Carol B Whitehurst on 1/22/2024. (crt,Crick, S)
D_DOG
I was poking around and saw AEG is either in the same location that N95
once operated or extremely close to the same location.
D_DOG
For some reason this just came to mind:
Packages were sent to each address by U.S. Certified Postal Service Certified Mail and by FedEx Ground. Ex. T. The FedEx package with tracking number 394746668554 addressed to "Coastal Group Partners / Mr. Matt Miller" was delivered to the Scottsdale, Arizona address on February 20, 2023. Id. The U.S. Postal Service attempted delivery of the package with tracking number 7022 2410 0002 3959 6310 and addressed to "Matt Miller / N95 / Coastal Group Partners" at the Scottsdale, Arizona address, but it had not been delivered as of February 24, 2023.
$$$...Wouldn't it be amazing if N95 and Costal partners are one in the same...$$$.
Something else for us to dig on.
So by sending anything to N95 you would also be sending it to
Costal Partners would you not?
I truly think the court knows the connection already
Food for thought..
D_DOG
I think a federal judge isn't bound to a time line but that may
only be true on certain cases.
I've seen some judges rule from the bench and others go on for
months. So to answer your question it depends on the judge
and possibly the case.
D_DOG
I've learned a long time ago from friends much older than I to always try to
be positive, it usually brings out the good in people.
I've had some of the roughest people calm down to a level that impressed
some of my friends who happen to be LEO's. So I try to always pause before
I speak, write my thoughts and then usually end up rewriting to make it a better
version of my original thoughts.
One that just hits send can often have regrets after words, that's what I have
learned from them.
D_DOG
If I had to guess I think everyone involved, especially the funding was vetted and
the original deal proceeded at that point.
Then once there was the failure to fund the lawyers got involved which lead up to
the current Arbitration verification case that is ongoing.
I'd say that during the discovery process of the case the complete money trail was
validated once again.
I think that's usually how everything goes.
So even though you do not see the partner listed I believe the money trail is know
to the court.
For me that's all that matters, if I'm wrong oh well.
I'm the one invested here and I do appreciate everyone's opinions.
That's how I learn, isn't that what we should all be doing
D_DOG
One would think that if you are involved in what appears to be a binding contract that
even after terminating your LLC you would need to go through a dissolution process.
"Once business operations have ceased and once known creditors have been paid or
otherwise resolved. If you have known creditors in your business, you cannot close
down an LLC for the sole purpose of evading those creditors."
So wouldn't their termination of their LLC be fraudulent and from what I've read they
need to keep the LLC for up to 3 years
D_DOG
Also I'd be willing to bet that the parent company was deeply vetted by Redhawks
Legal team before hand and that may be listed in the evidence presented to the
court.
Another thing that comes to mind is that the contract was most likely
approved/written by the CEO, Darcy Klug.
He has had years working in high dollar businesses and happens to be a CPA
by trade, the wording/clauses involved were done to protect everyone involved
especially the company from what I've seen.
Do a little digging on his past.
D_DOG
Interesting, there are so many variables possible it's hard to know everything
unless you have complete access to the entire deal.
I do not
Thanks for making me dig more....LOL
D_DOG
It's listed here....
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=171896731
D_DOG
From what I gathered the Asare Law Firm was the go between of the financing
to purchase the mask (hence the parent company)
The Letter of Attestation from Jennifer Opoku-Asare of Asare Law Firm, LLC
addressed to Red Hawk Medical, dated June 3, 2021, representing the availability
of funds in the amount of $24,400,000,000.00 "for the purchase of the authentic
PPE Product for the sale, supply & distribution to Government, FEMA, Federal,
State & Private Healthcare, 1st Responders, Medical Workers, Federal Employees,
and or other Non-Retail users and its affiliates."
I've seen the parent company listed on here, I'll find it for ya.
D_DOG
Nothing, everything was contingent on the sale of the mask, Redhawk sure
as hell wasn't looking to buy $950,000,000.00 worth of masks.
Holding companies often set up deals by being the middleman.
D_DOG
N95 Shield failed to make the deposit within one business day of June 22, 2021
then decided to terminate their LLC on 6/10/22.
ALMOST A YEAR LATER
https://ecorp.azcc.gov/CommonHelper/GetFilingDocuments?barcode=22061010053053
So why terminate the LLC on 6/10/22, after almost 1 full year after signing the binding
contract and failing to fund the initial Escrow Account did they decide to terminate the LLC.
That's ODD
It appears to me that they signed the contract which in every jurisdiction in the USA
is binding so at that point of termination it invokes fraud.
They knew they were legally bound to go forth with the deal and tried to get off by
ignoring correspondence from everyone, including the courts is telling.
IMO
I'd be willing to bet that there was ongoing correspondence between both parties
up to and after their failure to deposit on 6/22/21.
DIGITAL PROOF IS HARD TO DENY IF IT EXISTS
And it probably does
I may be wrong but if a LLC company closes you must pay known/present LLC
creditors otherwise the owners can become personally liable for said debt.
[4].
On June 22, 2021, RedHawk and N95 Shield entered into the Sales and Purchase Agreement for the sale of 500 million "3M™ Health Care Particulate Respirator and Surgical Masks 1860, N95 120 EA/Case 3M Product Number 1860." Ex. A, at 1-2, 10; 2/22/23 Tr. at 13-15 (Klug testimony). Under the terms of the Agreement, within one business day following "execution and exchange" of the Agreement, N95 Shield was required to deposit $9.5 million into the Moseley & Lester Escrow Account. Ex. A, at ¶ 3.2. N95 Shield failed to make the deposit within one business day of June 22, 2021. See 2/22/23 Tr. at 15 (Klug testimony).
[5].
On January 6, 2022, RedHawk sent notice of default under the Agreement to N95 Shield CEO Matt Miller at 13435 N. 79th St., Suite C, Scottsdale, Arizona 85260. Ex. D. N95 Shield took no action, within ten business days or otherwise, to cure the default alleged by RedHawk. See 2/22/23 Tr. at 29 (Klug testimony); Ex. A, at ¶ 11.
D_DOG
I'm just sitting back and waiting for the dust to settle, the outcome
might surprise us all, or not.
Always follow the money.
D_DOG
Again it's not my specialty but my research skills
are OK and my reading skills are fair.
My thoughts are that basically the parent company was the
financial backer. I doubt N95 had $24.4 in their PIGGY BANK
let alone the $9,500,000.00 that was suppose to be sent to
the Moseley & Lester Escrow Account.
I believe that being the parent company was the source of
funding it pierces the corporate vail.
That's my WAG
IMHO
D_DOG
I remembered reading up on this a while back:
"Moreover, a parent corporation may be liable on a contract signed by its subsidiary if the subsidiary is shown to be a mere shell dominated and controlled by the parent for the parent’s own purposes.
In In re Sbarro Holding, Inc., 91 A.D.2d 613 (2d Dept. 1982),
a holding company sought to stay an arbitration proceeding against it and other related corporations on the ground that the agreement that called for arbitration was between a franchisee and its subsidiary. The court held that all the related corporations could be compelled to participate in the arbitration proceeding, although they were not signatories of the contract. The court explained that:
The corporate veil will be pierced (1) to achieve equity, even absent fraud, where the officers and employees of a parent corporation exercise control over the daily operations of a subsidiary corporation and act as the true prime movers behind the subsidiary’s actions, and/or (2) where a parent corporation conducts business through a subsidiary which exists solely to serve the parent."
https://fhnylaw.com/the-parent-and-the-subsidiary-when-is-the-former-liable-for-the-actions-of-the-latter/
I'm not 100% sure this is applicable here, interpretation of the
law is not my forte, but it does seem to fit.
D_DOG
I'm not sure but my thought process tells me that the parent
company is responsible for it's subsidiaries.
D_DOG
Yes I remember but why the 70/30 from 80/20, I do still like the odds.
And like you I want to read that transcript as well, there is bound
to be a lot of babbling going on by the defense, maybe that's why
they placed a:
motion Substitute Attorney
Friday, January 19, 2024
38 motion Substitute Attorney Fri 01/19 11:36 AM
MOTION to Substitute Attorney Adrien R. Lorrain with consent, MOTION to Withdraw Adrien R. Lorrain as Attorney with consent and Substitute Counsel Chaunda "Shawn" M. Brooks (Motion Ripe Deadline set for 1/19/2024.) by N95 Shield L L C. Motions referred to Carol B Whitehurst.(Attorney Chaunda Brooks added to party N95 Shield L L C(pty:dft))(aty,Brooks, Chaunda)
Att: 1 Proposed order
utility Set Motion and R&R Deadlines/Hearings Fri 01/19 2:35 PM
Set/Reset Deadlines as to38 MOTION to Substitute Attorney Adrien R. Lorrain with consent. Motion Ripe Deadline set for 1/19/2024. (crt,Crick, S)
D_DOG
That may be how it appears but the parent company was probably mentioned in:
Exhibit B: The Letter of Attestation from Jennifer Opoku-Asare of Asare Law Firm,
LLC addressed to Red Hawk Medical, dated June 3, 2021, representing the availability
of funds in the amount of $24,400,000,000.00 "
I haven't read that letter but the info that I have been going by is from:
https://jusmundi.com/en/document/decision/en-redhawk-medical-products-services-llc-v-n95-shield-llc-final-award-monday-1st-may-2023
D_DOG
Not to my knowledge
D_DOG
Here's the funding listed:
• Exhibit B: The Letter of Attestation from Jennifer Opoku-Asare of Asare Law Firm, LLC addressed to Red Hawk Medical, dated June 3, 2021, representing the availability of funds in the amount of $24,400,000,000.00 "for the purchase of the authentic PPE Product for the sale, supply & distribution to Government, FEMA, Federal, State & Private Healthcare, 1st Responders, Medical Workers, Federal Employees, and or other Non-Retail users and its affiliates."
D_DOG
I've seen that, one has to remember that there was a parent company involved
that was actually funding the purchase and it is they who will be tapped for the
award from JAMS along with personal assets held by Matt Miller and others
involved possibly.
I do not know the reasoning that N95 has to be a part of the transaction and then
try to just disappear but my thoughts are that at some point someone somewhere
got cold feet and wanted to not be a party to the transaction.
I guess the Judge will have to go through everything and make his ruling based
on everything that pertained to the contract.
https://aegoil.com/corporate-profile.html
and
Coastal Group Partners, LLC
Are the parent companies listed from what I remember, net assets of over $24,400,000,000.00
June 10, 2022 article of termination was after the May 20, 2022 date that the JAMS
proceeding started plus they were served on June 7, 2022 but it appears like they were
trying to avoid contact.
SOOOOOOOOOO their closing up shop attempt will not work,
Again IMHO
It will be interesting.
On May 20, 2022, Claimant RedHawk Medical Products & Services, LLC filed with JAMS its Request for Arbitration for a breach-of-contract claim against Respondent N95 Shield LLC. Counsel for RedHawk later filed a certificate of service attesting to serving on June 7, 2022, a demand for arbitration on N95 Shield "via Federal Express, Tracking Number, 7770 6560 0379, addressed to 1635 E. Orange Wood Street, Gilbert, Arizona 85296." A package with that tracking number was delivered by FedEx to that address on June 8, 2022. Ex. F.
D_DOG
That worked, thanks again...
If I was a betting man I'd say that their defense is full of holes, their offices
may have been vacated but if they refused mail at their personal address
that leads me to think they were aware of what was going on and tried
sticking their heads in the sand hoping it would go away.
I'd be willing to bet that there were many Emails throughout the process
and we all know that digital does not go away, even message board post.
I'm curious as to what their next move would be, I personally see them liable
but my opinion means squat, the judge should have everything in front of him
and any reasonable person would come to the same conclusion.
Your thoughts based on what you have read so far?
Redhawk being awarded the claim or N95 not being held liable for the
arbitrators findings and judgement by the JAMS proceedings.
D_DOG
It appears that N-95's lawyer is jumping ship or the corporate
partners are getting nervous:
Friday, January 19, 2024
38 motion Substitute Attorney Fri 01/19 11:36 AM
MOTION to Substitute Attorney Adrien R. Lorrain with consent, MOTION to Withdraw Adrien R. Lorrain as Attorney with consent and Substitute Counsel Chaunda "Shawn" M. Brooks (Motion Ripe Deadline set for 1/19/2024.) by N95 Shield L L C. Motions referred to Carol B Whitehurst.(Attorney Chaunda Brooks added to party N95 Shield L L C(pty:dft))(aty,Brooks, Chaunda)
Att: 1 Proposed order
utility Set Motion and R&R Deadlines/Hearings Fri 01/19 2:35 PM
Set/Reset Deadlines as to38 MOTION to Substitute Attorney Adrien R. Lorrain with consent. Motion Ripe Deadline set for 1/19/2024. (crt,Crick, S)
D_DOG
Thank you for the docs, for some reason the Doc 25-1 wasn't available.
I've read a lot of info on this particular case and from what I surmised was
that N-95 has zero ground to stand on according to the rules set forth
in the mutually signed contract:
The Arbitration provision in the Sales and Purchase Agreement between the parties states:
If a claim or controversy arising out of or relating to this Agreement, the
performance or non-performance of obligations, the quality or
appropriateness of the Products, such dispute shall be determined by final
and binding arbitration before either the Judicial Arbitration and Mediation
Service (“JAMS”) or, alternatively, ADR Services, Inc. (“ADR”). The
arbitration will be conducted at a location determined by the Arbitrator in
Louisiana and shall be administered by and in accordance with either the
then existing JAMS Streamlined Arbitration Rules and Procedures or
alternatively, ADR’s Arbitration Rules. In rendering the award, the arbitrator
shall determine the rights and obligations of the Parties according to the
substantive and procedural laws of Louisiana. Neither Party, however, will
be precluded from obtaining provisional relief, including but not limited to
attachment, in any court of competent jurisdiction. Judgment may be entered
upon the arbitrator’s award by any court having jurisdiction. Should either
Party refuse or neglect to appear or participate in the arbitration proceeding,
the arbitrator is empowered to decide the claim or controversy in accordance
with the evidence presented.
PS The JAMS court also sent everything to everyone concerned along
with Redhawks legal team
As stated above N-95 has nothing to stand on....
D_DOG
Thank you for putting clarity to the process.
From what I gathered this is a confirmation hearing about the arbitration
award that was ruled upon based on the written contract guidelines of
which both parties agreed.
I really want to read the transcript to see exactly how defense feels that it
wasn't a valid award.
I don't see this as a civil case, the judge was presented with the facts
of the contract, actions that played out, the inaction of the defendants,
not the validity of the arbitration outcome.
That's my read into the present proceeding, is that what you get as well ?
Louisiana Western District Court
Judge: David C Joseph
Referred: Carol B Whitehurst
Case #: 6:23-cv-01021
Nature of Suit 896 Other Statutes - Arbitration
Cause 9:9 Motion to Confirm Arbitration Loan
Judge of the United States District Court for the Western District of Louisiana
D_DOG
Waiting on the ruling.
D_DOG
AMEN BROTHER, AMEN
D_DOG
Will everyone please rise, the court of Louisiana Western District
is now in session....
🤑🤑🤑
D_DOG
10AM Central Standard Time
The company could put out an 8K at the end of the day or sooner,
otherwise we won't know anything until tomorrow.
D_DOG
I've got nothing to discuss until we hear what
happens in Louisiana.
D_DOG
Agreed
D_DOG
There are a lots of folks that evidently have a vested interest in LG not
being found guilty of the the current charges.
It's going to affect a long list of characters that may also be culpable
to some point.
D_DOG
VNUE, Inc. v. LG Capital Funding, LLC et al
LG CAPITAL has been one of the larger toxic lenders to many OTC companies for
years, their business thrived on small companies that were not able to get conventional
lending.
That very process often lead to the common shareholders getting crushed because of
favorable lender provisions and ratchet clauses tied into said loans.
As many already know that most states have limits on the usury interest rates that can be
charged that all too often unfairly enrich the lender.
The SEC has been going after many of these lenders successfully plus there are a few law
firms that have been very active doing the same.
Friday, January 12, 2024
31 motion Report and Recommendations Fri 01/12 1:02 PM
REPORT AND RECOMMENDATION: For the reasons stated in the attached R&R, the Court respectfully recommends that Defendants motion to dismiss25 be denied. Any objections to the Report and Recommendation must be filed with the Clerk of Court within 14 days of receipt of this report. Failure to file objections within the specified time may waive the right to appeal any judgment or order entered by the District Court in reliance on this Report and Recommendation. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2); see also Caidor v. Onondaga County , 517 F.3d 601, 604 (2d Cir. 2008) ("[F]ailure to object timely to a magistrate[ ] [judge's] report operates as a waiver of any further judicial review of the magistrate[ ] [judge's] decision." (quotations omitted)). So Ordered by Magistrate Judge Sanket J. Bulsara on 1/12/2024. (MEG)
VNUE just might come out on the right side of this case.
IMHO
D_DOG
SEC keep picking away at all of the back room deals and the inner operations of toxic lenders.
It seems that there is a lot of files and docs that were collected as evidence and now the SECRET
DEALS and collaborations that went on are being presented in court.
Classified docs are going to be declassified is what I got out of this
It might get real interesting once the players start ratting out each other to try and minimize their
exposure of being under the looking glass of the SEC.
SEC v. LG Capital Funding, LLC et al
Thursday, January 11, 2024
minutes Motion Hearing Order on Motion for Protective Order:
Thu 01/11 5:10 PM
Minute Entry for Motion Hearing held on 1/11/2024 before Magistrate Judge James R. Cho. Appearances by Suzanne J. Romajas and Elliot Weingarten for plaintiff Securities and Exchange Commission (SEC); Philip Langer on behalf of defendants LG Capital Funding, LLC (LG Capital), Joseph Lerman (Lerman), Daniel Gellman (Gellman), and Boruch Greenberg (Greenberg) (together, the "LG Capital Defendants"); and Jerome M. Selvers for defendant Eli Safdieh (Safdieh). Argument heard on parties' proposed protective order65 . For the reasons stated on the record, the Court denies the motion for a protective order65 in part with leave to renew. Parties shall revise the language of the proposed "fifth category" of protected documents (para. (a)). By agreement of the parties, all documents contained in the SEC's investigative files and documents obtained from non-parties are presumptively deemed confidential. Parties may de-designate confidential documents by agreement of the parties. Non-parties shall be given an opportunity to be heard before their documents are deemed not confidential. The Court denies proposed para. (i) with respect to the filing of documents under seal. Parties shall follow the Court's rules with respect to the filing of confidential documents under seal. By 1/18/2024 , parties shall file an amended proposed protective order consistent with the Court's rulings made on the record. (AT&T Conference Bridge.) (JDP)
TICK TOCK
D_DOG
Hey, ya know what...
You can probably save the Louisiana Western District Court Judge, David C Joseph
a lot of time if you tell him how that $950,000,000.00 order is fake and tell him that
you know the truth.
I think that's what you said here:
"Kludge-the-Stooge screwed shareholders
It was amusing the way he delayed a year before telling investors the $900 million order was fake.
Strung them along before finally disclosing it publicly a year later.
"Oh...by the way...y'know that $900 million order ? ..Ummm...welll.....it's not real. I knew a year ago. Just thought I'd mention it"....LOLOL"
YEPPER, I just reread it on the InTeRnEt, you Know the truth...
Here's the contact info, if you want to stay anonymous I understand, just shoot them
an Email or call and just leave a message.
https://www.lawd.uscourts.gov/content/judge-david-c-joseph
You'd be saving the courts SOOOOO much time being they are so busy, I'm sure
they will reward you for your service.
And while your at it why don't you also tell the Hon. Michael Massengale that he
wasted months on a fake case that he arbitrated and actually awarded REDHAWK
a CHIT TON of Money, he'll be pissed when he finds out that it was
$$$..FAKE..$$$
HELP THEM OUT
Maybe I'll forward it for ya being you are only here to help people....
Maybe that THIEF DARCY will finally come clean and tell him next
week.
I think he'll be there on Jan. 17th
D_DOG
RE: So I guess what you are saying is that Darcy took
out loans and enriched himself with said loans then
started to bitch and moan about the loans.
Homebrew Post#
79900
of 79927
"Kludge-the-Stooge screwed shareholders
It was amusing the way he delayed a year before telling investors the $900 million order was fake.
Strung them along before finally disclosing it publicly a year later.
"Oh...by the way...y'know that $900 million order ? ..Ummm...welll.....it's not real. I knew a year ago. Just thought I'd mention it"....LOLOL"
Post#
79885
of 79927
"Exactly. Kludge-the-Stooge CEO will be happy to keep any $ he can."
Post#
79865
of 79927
"Ah... The one that went to arbitration. Even if they get any of that money, investors wouldn't see any benefit from it. It would vanish into the pockets of the scammers running this scam."
Post#
79831
of 79927
"Merry Christmas everyone. Too bad Kludge-the-Scrooge gave out so much coal and keeping the $ for himself."
Here's one that is actually factual:
Post#
79664
of 79927
"Redhawk is now a private company. It would have to go through the registration process to become public again."
GOOD JOB
D_DOG