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EXHIBIT 1
CIVIL ACTION
NUMBER:,_____________________
PLAINTIFF
006
vs.
Hangover Joe's Holding Corporation
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT:
You are herebv summoned and required to file with the Clerk of said court and serve upon the Plaintiffs attorney, whose name
and address is:
7 t'"
day of
February
20~.
Richard T. Alexander, Jr.,
Clerk of State Court
INSTRUCTIONS: Attach addendum sheet for additional parties if needed. make notation on this sheet if addendum sheet is used.
SC-l Rev. 2011
If
County _G_w_in_n_e_tt_______
~State
Docketi'_4_"_ _
o Superior
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Plaintiff(s)
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Defendant(s)
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Maiden
Maiden
Last
First
Maiden
Last
First
Maiden
Last
First
Maiden
Last
First
Maiden
Last
First
Maiden
No. of Plaintiffs 1
No. of Defendants 2
Plaintiff/Petitioner's Attorney
Letzring
Last
jonathan
First
D
Middle I.
Pro Se
Sulftx
Bar # 141651
Check Primary Type (Check only ONE)
~ Contract/Account
Wills/Estate
Real Property
DispossessorylDistress
Personal Property
Equity
Habeas Corpus
Appeals, Reviews
Non-Domestic Contempt
0 Auto Accident
0 Premises Liability
0 Medical Malpractice
0 Other Protessional Negligence
0 Product Liability
0 Other Specify
(, (
07
November 5, 2013
Via U.S. MAIL
Hangover Joe's, Inc.
Hangover Joe's Holding Corporation
Attn: 111eresa M. Meringer, Registered Agent
Burns, Figa & Will, PC
6400 S. Fiddler Green Circle, Suite 1000
Greenwood Village, CO 80111
Re:
Breach of Contract with Private Label Nutraceuticals, LLC and Demand for Payment
Date of Invoice
Amount Invoiced
240264
240876
240877
241429
243462
243753
243995
243997
915/2012
9/26/2012
9/26/2012
10/16/2012
1i2/20l3
lill/2013
1.!2112013
1/21;2013
569.120.00
53,870.72
56,635.52
55,184.00
5450.00
5250.00
55,696.46
S8,339.76
599,546.46
Amount Paid
(Credit)
-528,366. 15
-S2,978.43
-50.00
-SO.OO
-50.00
-50.00
-S5,OOO.00
-SO.OO
-S36,344.58
Balance Due
S40,753.85
S892.29
S6,635.52
55,184.00
5450.00
S250.00
5696.46
58339.76
$63,201.88
Atlanta Office 267 West Wieuca Road Suite 204 Atlanta., Georgia 30342
IWith interest
I$71,734.13
PLN hereby makes demand upon Hangover Joe's, Inc. and Hangover Joe's Holding Corporation
for SIXTY-THREE THOUSAND TWO HUNDRED ONE AND 881100 (563,201.88) pIllS statutory
interest at the rate of 18% per alillum, on all amounts that have been due and payable for thirty days or
more, in the total amount of at least EIGHT THOUSAND FIVE HUNDRED THIRTY -TWO AND
25/100 (58,532.25), for a total amount due of SEVE[\;TY-ONE THOUSAND SEVEN HUNDRED
THIRTY-FOUR AND 13/100 (S71,734.13).Payment is immediately due and payable, and interest
continues to accrue at the rate of 18%.
Should payment of 571,734.13 not be made within ten (10) days of the date of receipt of this
letter, my client will tile suit for the full amount due.
Please note that this communication is an attempt to collect a debt and any information obtained
will be used for that purpose.
Sincerely,
:VIr. Shawn Adamson (via tirst class mail only to 1000 Bourbon S t.
~ew
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No.;lI.l1IIt
C 006
COMES NOW Plaintiff Private Label Nutraceuticals, LLC ("PLN"), by and through the
undersigned counsel, and files this Verified Complaint against Defendants Hangover Joes, Inc.
and Hangover Joe's Holding Corporation (collectively, "Hangover Joes" or "Defendants"),
showing this Court as follows:
1.
PLN is a Georgia corporation with its principal place of business located at 1900 Beaver
Ridge Circle, Norcross, GA 30071. PLN is a manufacturer and seller of premium nutritional
supplements.
2.
Defendants are Colorado corporations who sell and distribute products throughout the
United States that are marketed to assist individuals who have hangovers.
3.
Defendants purchased goods and services from and transacted business with PLN in the
State of Georgia, including in Gwinnett County.
Defendants.
4.
Venue is proper in this Court because the goods in question were manufactured by PLN in
Gwinnett County, Georgia, and the events otherwise giving rise to this lawsuit occurred in
Gwinnett County, Georgia.
5.
Defendants. Defendants may be served with the Summons and Complaint through their
registered agent, Theresa M. Meringer, Esq., who is located at 6400 S. Fiddler Green Circle, Suite
1000, Greenwood Village, CO 80 Ill.
6.
From approximately September 2012 through January 2013, PLN provided goods and
services to Defendants on an open commercial account. Defendants have refused and failed to
pay all amounts due to PLN with respect to these goods and services. Specifically, Defendants
owe PLN $63,201.88 with respect to invoice numbers 240164, 240876, 240877,241429,243462,
243753,243995, and 243997, plus statutory interest pursuant to O.CG.A. 7-4-16, and the costs
of this action. True and correct copies of these unpaid invoices are attached hereto as Exhibit
A-H.
7.
PLN has fully performed its obligations and provided the goods and services for which
payment is due.
8.
On November 5, 2013, PLN made a written demand upon Defendants for payment of said
indebtedness, but Defendants failed and refused to pay said sum. A true and correct copy of this
demand is attached hereto as Exhibit I.
9.
Defendants have acted in bad faith, have been stubbornly litigious, and/or have caused PLN
unnecessary trouble expense through their failure to pay the amounts that are owed to PLN, thereby
entitling PLN to an award of expenses oflitigation pursuant to O.CG.A. 13-6-11.
WHEREFORE, Plaintiff prays for judgment against Defendants in the principal amount of
amount of 563,201.88, plus statutory interest pursuant to O.C.G.A. 7-4-16, post-judgment
interest, costs, expenses of litigation pursuant to O.CG.A. 13-6-11, and such other and further
relief as is deemed necessary and just. PLN demands a trial by jury.
This the 5th day of February, 2014.
VERIFICATION
Personally appeared before me, the undersigned otlicer duly authorized to administer
oaths, Kevin Harden, who, after being duly sworn, on behalf of Private Label Nutraceuticals,
LLC, that he has personal knowledge or knowledge derived from records maintained in the
ordinary course of business of the facts set forth in this Verified Complaint, and such intormation
is true and correct.
This
'-\
Kevin Harden
Private Label Nutraceuticals, LLC
L\
Notary
. , the State of Georgia
My commission Expires \ \ ~hJ
483J-85~9-l!
1.)6, v, 1
EXHIBIT A
Private Label
r
Invoice
Date
Invoice #
9/5/2012
2-l026..f
Terms
Rep
Ship Date
KH
91512012
Bill To
Ship To
HangOver Joe's
Sha\\TI Adamson
1000 Bourbon Street
Nc\\ Orleans. LA 70116
HangOver Joe's
Sean Adamson
S.O. No.
Item
eM- HangO...
Description
P.O. No.
Ordered
Prevo Inv...
Backor...
Invoiced
(}
Amount
Rate
1..f..f.OOO
OAS
69.120.00
Total
Phone #
Fax#
1.8KS.HO...\S35
1.88S.2..fOA839
$69.120.00
Payments/Credits
-S28.366.15
Balance Due
$..\0.753.85
EXHIBITB
(J
Private Label
r
\. r
A (
Invoice
Bill To
Invoice #
9126/2012
240876
Ship To
HmlgOver Joe's
Shawn Adamson
1000 Bourbon Street
New Orleans, LA 70 I 16
HangOver Joe's
Sean Adamson
S.O. No.
Item
eM HangO...
Date
Description
P.O. No.
Terms
Rep
Ship Date
66-0015370
Net 30
KH
9/2612012
Ordered
Prevo Inv...
Backor...
Invoiced
Rate
8.064
Amount
OAS
3.870.72
A~ll
ARTIC EAST
56 CASES (56XI-I-I)
Phone #
Fax#
1.888.2-10AS35
1.88S.HOA839
Total
$3.87().7:!
Payments/C redits
$2.978.43
Balance Due
$892.29
EXHIBITC
Private Label
r
.\
T RAe E
Invoice
Bill To
Invoice #
9/1612012
H0877
Ship Date
Ship To
HangOver Joe's
Shawn Adamson
1000 Bourbon Street
New Orleans. LA 70116
HangOver Joe's
Sean Adamson
S.O. No.
Item
eM HangO...
Date
Description
P.O. No.
Terms
Rep
6022
Net 30
KH
Ordered
Prev.lnv...
Backor...
Invoiced
Amount
Rate
13.824
OA8
Total
Phone #
Fax #
1.888.240A835
Payments/Credits
Balance Due
$6.635.51
$0.00
$6.635.52
EXHIBITD
Private Lat)el
j
1.
'"
Invoice
I i
Bill To
Invoice #
lOti 6!20 I 2
2~1~:!9
Ship To
HangOver Joe's
Shawn Adamson
1000 Bourbon Str..:et
New Orleans, LA 70116
HangOver Joe's
Sha\\n Adamson
1000 Bourbon Street
New Orleans, LA 70116
S.O. No.
Item
Date
Description
P.O. No.
Ordered
Prev.lnv...
Terms
Rep
Ship Date
Net 30
KH
IO/loi2012
Backor...
Invoiced
Rate
2.592.00
Total
Phone #
Fax#
Payments/Credits
1.888.2-l0.~S35
I.S8S.2-l0AS39
Balance Due
Amount
5.18-tOO
S5.IS-l.OO
$0.00
$5. IS-l.OO
--
---
- - - - - - - - - -
EXHIBITE
Private Label
Invoice
Invoice #
Date
112/2013
Bill To
Ship To
HangOver Jo.:'s
Shu\\'n Adamson
1000 Bourbon Street
New Orleans, LA 70116
Item
Packing & H...
WEPACKIT
5700 Drake Drive
Atlanta. GA 30336
S.O. No.
P,O. No.
Terms
Rep
Ship Date
IH90
50035
Net 30
KH
1/2.2013
Description
Packing & Handling-12.28.12
Ordered
Prevo Inv...
Backor...
Invoiced
Rate
-150.00
Amount
-150.00
Phone #
Fax #
1.888.2-10.-1835
1.888.2-10.-1839
Total
Payments/Credits
Balance Due
S-I50.00
SO.OO
$-150.00
EXHIBITF
(J
Private Lar)el
'P
'p
Invoice
\ L
Bill To
Invoice #
\/\1 12013
2-B753
Ship To
HangOyer Joe's
Shawn Adamson
1000 Bourbon Street
New Orleans. LA 7{) 116
Item
Date
WEPACKIT
5700 Drake Drive
Atlanta. GA 30336
5.0. No.
P.O. No.
Terms
Rep
Ship Date
17-l90
50035
Net 30
KH
I'll '201.3
Description
Ordered
Prev.lnv...
Backor...
Invoiced
Rate
250.00
Amount
250.0{)
Fax #
1.888.HO.-l835
1.888.240..l839
Total
Payments/Credits
Balance Due
$250.()O
$0.00
$251l.00
..
EXHIBITG
Pri\'ate
Label
r
? A
Invoice
Bill To
Date
Invoice #
112112013
2H995
Ship To
HangOver Joe's
Sha\\n Adamson
1000 Bourbon Street
New Orleans. LA 70116
S.O.No.
Item
CM- HangO...
Description
P.O. No.
Terms
Rep
Ship Date
K HARDE0I
01et 30
KH
12nOl3
Ordered
Prev.lnv...
Backor...
Invoiced
Rate
11.508
0.-195
Amount
5.696.-16
Fax#
1.888.2.t.O.o.l835
1.888.HOA839
Total
Payments/Credits
Balance Due
S5.696.-16
-S5.000.00
$696.-16
EXHIBITH
EXHIBIT I
...
Pri\rate
Label
r
ric
:<
i.
~ A i'
E. '.
Invoice
A :. '3.
Date
Invoice #
1/21/2013
n3997
Terms
Rep
Ship Date
Net 30
KH
1:21/2013
Bill To
Ship To
HangOver JOe'S
Sha\"n Adamson
1000 Bourbon Street
New Orleans, LA 70116
S.O. No.
Item
CM HangO...
Description
C~I-
P.O. No.
Ordered
Prevo Inv...
Backor...
Invoiced
Rate
16.8~8
OA9S
Amount
8.339.76
Phone #
Fax#
1.888.2~OA835
1.888.2~OA839
Total
Payments/Credits
Balance Due
$8.339.76
$0.00
$8.339.76