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Davis v. Harastream, Inc., 1:19-cv-01377. (2019)

Court: District Court, N.D. Illinois Number: infdco20191121a45 Visitors: 12
Filed: Nov. 19, 2019
Latest Update: Nov. 19, 2019
Summary: MOTION FOR JUDGMENT ANDRE R. WOOD , District Judge . Now Comes, Plaintiff, Richard Davis, by and through his attorney, Terrence M. Jordan, and moves this court for the entry of judgment. In support whereof, Plaintiff says as follows: 1. On September 11, 2019 Defendants, Harastream, Inc. and Miyu Enterprises, Inc., were held in default. 2. Harastream Inc. is a Utah corporation doing business throughout the United States, including without limitation the State of Illinois (hereinafter "Hara
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MOTION FOR JUDGMENT

Now Comes, Plaintiff, Richard Davis, by and through his attorney, Terrence M. Jordan, and moves this court for the entry of judgment. In support whereof, Plaintiff says as follows:

1. On September 11, 2019 Defendants, Harastream, Inc. and Miyu Enterprises, Inc., were held in default.

2. Harastream Inc. is a Utah corporation doing business throughout the United States, including without limitation the State of Illinois (hereinafter "Harastream").

3. Miyu Enterprises, Inc. (formerly known as Miyu Holdings, Inc.) is a Utah corporation doing business throughout the United States, including without limitation the State of Illinois (hereinafter "Miyu").

4. Miyu is the owner of Harastream and otherwise does business under the name Harastream Inc.

5. Mee Kwyung Lee (hereinafter "Lee") is the President of Harastream and Miyu.

6. On or about June 11, 2018, Davis was the Chief Technology Officer of Harastream.

7. On or about June 11, 2018, Lee orally accepted Davis' offer to sell to Harastream and Miyu twenty five (25) NBOX Touchscreen Displays (hereinafter "Displays") for $3,880 each on the following terms:

a. Payment for two (2) Displays within 10 days. b. Payment for twenty-three (23) Displays within 30 days. c. FOB (freight on board) various colleges and universities through out the United States, including the State of Illinois. d. Payment of shipping costs.

8. Davis immediately transferred title to all twenty-five Displays to Harastream and Miyu.

9. Harastream and Miyu timely paid for two (2) Displays.

10. Harastream and Miyu accepted delivery of twenty-four (24) Displays from Brockway Transportation LLC (hereinafter "Brockway") the shipping company.

11. Harastream and Miyu failed to pay any of the shipping costs.

12. Brockway has refused to pick up one of the Displays pending payment of prior shipping costs.

13. Davis performed all that he was required to perform under the contract for sale.

14. Davis in his capacity of Chief Technology Officer of Harastream, arranged with for the pickup and delivery of the Displays from twenty-five separate locations where the Displays were then located.

15. Miyu and Harastream owe Davis $89,240.00 for twenty-three (23) Displays.

16. Davis is entitled to prejudgment interest on the unpaid $89,240.00.

17. The Illinois Interest Act, 815 ILCS 205/2 provides as follows:

Creditors shall be allowed to receive at the rate of five (5) per centum per annum for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing; on money lent or advanced for the use of another; on money due on the settlement of account from the day of liquidating accounts between the parties and ascertaining the balance; on money received to the use of another and retained without the owner's knowledge; and on money withheld by an unreasonable and vexatious delay of payment. In the absence of an agreement between the creditor and debtor governing interest charges, upon 30 days' written notice to the debtor, an assignee or agent of the creditor may charge and collect interest as provided in this Section on behalf of a creditor. [Emphasis Added]

18. For the purposes of the prejudgment interest statute the principal amount of $89,240.00 was due to be paid on July 11, 2018.

19. Annual interest at 5% on the principal amount of $89,240.00 is $4,462.00 with daily interest being $12.12.

20. Prejudgment interest to November 19, 2019, the date of filing of this motion is $6,063.43.

21. The affidavit of Plaintiff; Richard Davis, in support of his motion for judgment is attached hereto.

WHEREFORE, Plaintiff prays that this court enter judgment in the principal amount of $89,240.00 and prejudgment interest in the amount of $6,063.43 for a total of $95,303.43 plus costs, all against Defendants, Harastream, Inc. and Miyu Enterprises, Inc., jointly and severally.

Respectfully Submitted, /s/ Terrence M. Jordan _______________________ Terrence M. Jordan Terence M. Jordan IL-ARDC # 1368257 Attorney for Plaintiff 33 N LaSalle St #3300 Chicago, IL 60602 312 346-2468 jordanlawpc@aol.com IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RICHARD DAVIS a/k/a STIEN DAVIS Plaintiff 1:19-cv-01377 v. Judge Andre R. Wood HARASTREAM, INC and MIYU ENTERPRISES, INC. Defendants. Magistrate Shelia M. Finnegan

AFFIDAVIT IN SUPPORT OF MOTION FOR JUDGMENT

I, Richard Davis, having been duly sworn on oath state as follows:

1. I, Richard Davis am also known as Stien Davis.

2. I am competent to testify to the following from my own personal knowledge.

3. In 2019, Harastream Inc. was a Utah corporation doing business throughout the United States, including without limitation the State of Illinois (hereinafter "Harastream").

4. In 2019, Miyu Enterprises, Inc. (formerly known as Miyu Holdings, Inc.) was a Utah corporation doing business throughout the United States, including without limitation the State of Illinois (hereinafter "Miyu").

5. Miyu is the owner of Harastream and otherwise does business under the name Harastream Inc.

6. Mee Kwyung Lee (hereinafter "Lee") is the President of Harastream and Miyu.

7. On or about June 11, 2018, Davis was the Chief Technology Officer of Harastream.

8. On or about June 11, 2018, Lee orally accepted Davis' offer to sell to Harastream and Miyu twenty five (25) NBOX Touchscreen Displays (hereinafter "Displays") for $3,880 each on the following terms:

a. Payment for two (2) Displays within 10 days. b. Payment for twenty-three (23) Displays within 30 days. c. FOB (freight on board) various colleges and universities through out the United States, including the State of Illinois. d. Payment of shipping costs.

9. I immediately transferred title to all twenty-five Displays to Harastream and Miyu.

10. Harastream and Miyu timely paid for two (2) Displays.

11. Harastream and Miyu accepted delivery of twenty-four (24) Displays from Brockway Transportation LLC (hereinafter "Brockway") the shipping company.

12. Harastream and Miyu failed to pay any of the shipping costs.

13. Brockway has refused to pick up one of the Displays pending payment of prior shipping costs.

14. I performed all that I was required to perform under the contract for sale.

15. In my capacity of Chief Technology Officer of Harastream, I arranged with Brockway for the pickup and delivery of the Displays from twenty-five separate locations where the Displays were then located.

16. Miyu and Harastream owes me $89,240.00 for twenty-three (23) Displays.

17. I am entitled to prejudgment interest on the unpaid $89,240.00.

18. For the purposes of the prejudgment interest statute, 815 ILCS 205/2, the principal amount of $89,240.00 was due to be paid on July 11, 2018.

19. Annual interest at 5% on the principal amount of $89,240.00 is $4,462.00 with daily interest being $12.12.

20. Prejudgment interest to November 19, 2019, the date of filing of this motion is $6,063.43.

___________________________ Richard "Stein" Davis Terence M. Jordan IL-ARDC # 1368257 Attorney for Plaintiff 33 N LaSalle St #3300 Chicago, IL 60602 312 346-2468 jordanlawpc@aol.com IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RICHARD DAVIS a/k/a STIEN DAVIS Plaintiff 1:19-cv-01377 v Judge Andre R. Wood HARASTREAM, INC and MIYU ENTERPRISES, INC. Defendants. Magistrate Shelia M. Finnegan

NOTICE OF MOTION

To: Mee Kwyung Lee, officer of Harastream Inc. Mee Kwyung Lee, officer of MIYU Enterprises Inc.

1371 W 1250 S 1371 W 1250 S Orem, UT 84058 Orem, UT 84058

TAKE NOTICE that on December 4, 2019, at 9:30AM, the undersigned with appear before Judge Andre R. Wood or any judge sitting in her stead, in Courtroom 1928, in the United States District Court at 219 S. Dearborn Street, Chicago, Illinois, and present the following motion:

MOTION FOR JUDGMENT

a copy of which is attached hereto and served upon you.

/s/ Terrence M. Jordan __________________________ Terrence M. Jordan Terence M. Jordan IL-ARDC # 1368257 Attorney for Plaintiff 33 N LaSalle St #3300 Chicago, IL 60602 312 346-2468 jordanlawpc@aol.com
Source:  Leagle

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