LATEST NEWS FROM LIT
FEB 6, 2024
Fire ignites at Turkey Leg Hut’s Houston warehouse—the 2nd to affect it this year
Another fire broke out at the restaurant’s business office last month. Turkey Leg Hut is running as usual on Sunday.
Turkey Leg Hut releases statement after fire breaks out at warehouse late Saturday night
🦃Turkey Leg Hut’s Lyndell Price fired by email.
Price’s comment under the post: “I can’t make this s*** up…” Other social media posts, including screenshots allegedly from an employee chat group, accused Turkey Leg Hut of firing half of its employees. pic.twitter.com/ZVeNmH0wC4— lawsinusa (@lawsinusa) February 6, 2024
Criminal THUG with a JD.
Business Entities and Interests that Violate @cfpb
and Federal Judge’s Order.His name is Andrew Peter Lehman.
Paralegal with many legal interests in a field where he’s been banned.
Defiantly claims he defeated the US Gov. https://t.co/ZjvejT90yw pic.twitter.com/SUipbhWVq2
— lawsinusa (@lawsinusa) May 17, 2024
LIT COMMENTARY
Are You a Criminal? If You Are, the Judiciary Wants to Befriend You.
Timeline
“Co-founder” of the Turkey Leg Hunt, Lyndell Leroy Price, born in 1982, has a criminal record in Harris County which clearly documents a history of theft, disorderly conduct and repeated domestic violence against women he’s in a relationship with.
Jan. 2015
Lynn Price charged with sendin’ the wrong message by whackin’ Nakia Holmes (Price) with a cell phone.
July 2015
Lyndell Leroy Price named in Superseding Indictment (Federal) court case (discussed below).
August 2015
Ronald Dewayne Hadley convicted after plea deal in Federal Tax Fraud case to 4 years Prison.
March 2016
The BBQ business concept started it’s humble beginnings at the Houston Rodeo during 2015. However, that timing coincides with criminal allegations of theft by Price, wherein he was accused of funding the assets of this new venture via a stolen customized BBQ from Danielle Malveaux who owned Roux38, a restaurant at 3811 Ennis St, Houston.
These charges would be dismissed because “defendant is serving federal prison time“.
LIT has been unable to verify this statement as detailed below.
August 2017
New premises at 4830 Almeda and according to co-investor Steven Rogers, this was due to TLH failing at prior leased address in Washington Ave., and Nakia Price would contribute $500 and ‘sweat equity’ into new entity.
May 2020
Letter from Nakia Price lawyers Jackson Walker seeking to buy out Rogers, expressing liquidity concerns and admitting to nearly $600k food bill (LIT assumes that’s US Foods). Rogers lawsuit referenced another JW letter from Nakia Price, this time a COVID cash call letter seeking injection of cash. Roger stated that POS receipts indicated $1.1M net sales for June 2020.
Aug 2020
Nakia Price, as sole manager for PIR Enterprise, LLC, buys 4819 Almeda Road (for use as overflow parking lot) from United States Federal District Judge Kenneth M. Hoyt and his spouse Veola, who act as lender for a $650,000 note.
Feb 2021
Price is arrested Feb 7, 2021, facing charges of aggravated assault with a deadly weapon according to an Eater.com article. A court hearing was scheduled for June of 2021. There’s nothing on either criminal or civil dockets regarding this in Harris County. Who wiped it?
March 2021
The Turkey Leg obtains a PPP loan for over three quarters of a million for alleged payroll expenses that are very questionable.
Dec. 2022
US Food Inc sues TLH and Nakia Price claiming $1.3 million dollars in unpaid bills.
Apr. 2023
Steven Rogers files a debt collection suit. The suit claims a breach of the contractual buyout of his interest – at a valuation of $1.5M – which was agreed by Nakia Price, but the monthly payments were now in default. This concerns Rogers as creditors come in thick n’ fast to collect on the overspending couple who flaunt an extravagant lifestyle. Rogers also alleges they have been perpetrating other frauds at the same time (like the new food truck business) for greed and personal gain.
May 2023
Nakia files for divorce, which LIT published in October. Shortly thereafter, in November, Nakia shares on social media her own views of the marriage and LIT’s article goes viral, with various news outlets picking up on the divorce and other events and legal challenges involving the couple and their business interests.
Price’s theft of the BBQ in 2016 was small change at the time, when you review the tax return scam, and where Lyndell Leroy Price was the main man for obtaining stolen identities.
As stated, his colleague and co-conspirator Hadley went to Beaumont Prison for 4 years in 2016, and the DOJ promised the remaining 3 indicted parties, including Price, were going to be sentenced shortly thereafter.
What happens next is alarming.
The criminal docket is void of 4 years post 2016 docket entries in Southern District Federal Court, Houston division.
OCTOBER 2023
On October 30, 2023, a new lawsuit was filed in Harris County District Court pertaining to the overflow car-park for the commercial business in Houston by Harris County claiming non-payment of taxes. For those of y’all familiar with the case, federal judge Kenneth Hoyt owns the land and sold it subject to a private note to the indebted couple via a now defunct entity known as PIR Enterprise LLC, aka PIR Enterprises LLC.
United States v. Hadley
(4:14-cr-00578)
District Court, S.D. Texas, reassigned to Judge Andrew Hanen
NOV 19, 2014 | REPUBLISHED BY LIT: MAY 13, 2023
The 4 Years of “Missing” Docket in the Hadley Case
When LIT went to PACER to buy the docket, it was shocking to see that 4 years of docket entries are not available – and there’s no motion to seal.
Hadley’s restitution was reduced by the reassigned case Judge Hanen 2 years ago, reducin’ his payments from $250 pm to payin’ back $150 per month for his $317k restitution now he’s outta jail.
There’s zero on the docket about the 3 co-conspirators.
The need to jail these 3 criminals, including Lynn Price, remains pending 9 years after the initial indictment. Price has obviously been in contact with Texas top attorney, indicted Ken Paxton and pullin’ his leg….tellin’ Paxton he’s only been dodgin’ jail since July 28, 2015.
Either that, or the missing docket tells the story of the missing final sentencing, probation and restitution. We checked, the Department of Justice has published NADA about Price’s final sentencing on their website press releases.
Prosecutor: Jimmy R. Sledge Jr., Inactive.
HOUSTON – Ronald Dewayne Hadley has been ordered to prison following his conviction for leading a Houston-area stolen identity refund fraud (SIRF) scheme, announced U.S. Attorney Kenneth Magidson along with Special Agent in Charge Rick Goss of IRS – Criminal Investigation (CI) in Houston.
Hadley pleaded guilty Aug. 28, 2015. Today, U.S. District Judge Melinda Harmon handed him a 48-month term in federal prison to be immediately followed by three years of supervised release. Judge Harmon also ordered Hadley to pay $317,790 in restitution to the IRS.
Three others also pleaded guilty in the scheme –
Lyndell Leroy Price,
Leondray Demond Garrison
and
Ryan Duron Clay
– who will sentenced at later dates.
“This investigation demonstrates IRS-CI’s ability to detect identity thieves who believe they are protected under the cover of anonymity,
said Mary Hammond, Assistant Special Agent in Charge of IRS-CI.
“Perpetrators at all levels in a stolen identity refund fraud scheme will be pursued and prosecuted.”
According to information in the respective plea agreements, Hadley led a conspiracy to submit false tax returns to the IRS for tax years 2010 through 2012, which sought fraudulent refunds totaling approximately $811,710.
The scheme began in the fall of 2011 when Hadley began to prepare and electronically file tax returns which falsely reported that taxpayers were barbers who had earned no wages but had received thousands of dollars of dividend income.
The income was purportedly from supplies on which they had supposedly paid thousands of dollars of fictitious withholding taxes that were entitled to be refunded.
Hadley obtained taxpayer identification information both directly from these individuals as well as indirectly through the assistance of Price, Garrison and Clay.
Hadley and his conspirators obtained debit cards in the names of these people whose identities were then used to electronically file false refund claims anonymously via public wi-fi access provided by local fast-food restaurants and a coffee shop.
Hadley had the refunds credited to debit cards under the conspirators’ control. The co-conspirators withdrew the fraudulent refunds at local ATMs and used the debit cards at businesses spread across central, north and northwest Houston and Houston’s Third Ward.
The scheme began to unravel in the third tax season when IRS fraud detection measures revealed suspicious patterns among the fraudulent refund claims and took steps to prevent all but three of the claims submitted that year from being paid.
According to the pleas, Hadley e-filed all of the fraudulent tax returns and personally originated identity information for approximately half of the refund claims.
His conspirators provided him with the remaining identities.
Price provided Hadley with identities that generated fraudulent refund claims totaling almost $250,000 resulting in actual losses to the IRS of almost $130,000.
Garrison provided identities that generated fraudulent refund claims totaling almost $95,000, while Clay provided identities that generated fraudulent refund claims totaling almost $40,000.
The resulting in actual losses to the IRS for which Garrison and Clay responsible amounts to approximately $30,000 and $25,000, respectively.
All were permitted to remain on bond.
IRS-CI investigated.
Assistant U.S. Attorney Jimmy Sledge Jr. is prosecuting the case.
(The original indictment with the signature of the grand jury foreperson is on file under seal with the clerk)
as to Ronald Dewayne Hadley (1) count(s) 1s, 2s-29s,
Lyndell Leroy Price (2) count(s) 1, 2-29,
Leondray Demond Garrison (3) count(s) 1, 2-29,
Ryan Duron Clay (4) count(s) 1, 2-29, filed.
(mmapps, 4) (Additional attachment(s) added on 7/2/2015:
# 1 Un-Redacted Copy) (mmapps, 4). (Entered: 07/02/2015)
Prosecutor: Jimmy R. Sledge Jr., Inactive.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CRIMINAL DOCKET FOR CASE #: 4:14-cr-00578-1
Case title: USA v. Hadley | Date Filed: 11/19/2014Date Terminated: 06/07/2016 |
Assigned to: Judge Andrew S Hanen | ||
Defendant (1) | ||
Ronald Dewayne Hadley On Bond TERMINATED: 06/07/2016 |
represented by | Genesis Elaine Draper Federal Public Defender’s Office 440 Louisiana St. Ste. 1350 Houston, TX 77002 713-718-4600 Email: genesis_draper@fd.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender AppointmentLindsay Ann Bellinger Harris County Public Defender’s Office 1201 Franklin St 13th Floor Houston, TX 77002 713-274-6700 Email: Lindsay.Bellinger@pdo.hctx.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment |
Pending Counts | Disposition | |
FILING FALSE CLAIMS (1-22) |
||
CONSPIRACY TO SUBMIT FALSE CLAIMS (1s) |
||
FALSE CLAIMS (2s) |
The Defendant is sentenced to BOP for a term of 48 months as to Count 2S and 48 months as to Count 13S to run concurrently for a total of 48 months. SRT is set at 3 years as to Count 2S and 3 years as to Count 13S to run concurrently for a total SRT of 3 years. Fine is waived; $200 SA. The Court assess restitution to be paid by Defendant in the amount of $317,790.00 of which $129,964 Defendant is jointly and severally liable with Defendant #2 Lyndell Leroy Price; $32,732 Defendant is jointly and severally liable with Defendant #3 Leondray Demond Garrison; and, $26,344 Defendant is jointly and severally liable with Defendant #4 Ryan Duron Clay. | |
FALSE CLAIMS (3s-12s) |
||
FALSE CLAIMS (13s) |
The Defendant is sentenced to BOP for a term of 48 months as to Count 2S and 48 months as to Count 13S to run concurrently for a total of 48 months. SRT is set at 3 years as to Count 2S and 3 years as to Count 13S to run concurrently for a total SRT of 3 years. Fine is waived; $200 SA. The Court assess restitution to be paid by Defendant in the amount of $317,790.00 of which $129,964 Defendant is jointly and severally liable with Defendant #2 Lyndell Leroy Price; $32,732 Defendant is jointly and severally liable with Defendant #3 Leondray Demond Garrison; and, $26,344 Defendant is jointly and severally liable with Defendant #4 Ryan Duron Clay. | |
FALSE CLAIMS (14s-29s) |
||
Highest Offense Level (Opening) | ||
Felony | ||
Terminated Counts | Disposition | |
None | ||
Highest Offense Level (Terminated) | ||
None | ||
Complaints | Disposition | |
None |
Plaintiff | ||
USA | represented by | Jimmy R Sledge , Jr Office of US Attorneys Office 1000 Louisiana Ste 2300 Houston, TX 77002 713-567-9735 Fax: 713-718-3304 Email: jimmy.sledge@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: RetainedFinancial Litigation U S Attorney’s Office Southern District of Texas 1000 Louisiana St Ste 2300 Houston, TX 77002 713-567-9000 Fax: 713-718-3391 fax Email: flu.usatxs-@usdoj.gov ATTORNEY TO BE NOTICED Designation: RetainedUS Marshal – H ATTORNEY TO BE NOTICED Designation: RetainedUS Pretrial Svcs – H ATTORNEY TO BE NOTICED Designation: RetainedUS Probation – H ATTORNEY TO BE NOTICED Designation: Retained |
Date Filed | # | Docket Text |
---|---|---|
06/24/2016 | 98 | ORDER TO SURRENDER on 7/14/2016 at 2:00 p.m. to FCI Beaumont Medium, Beaumont, TX as to Ronald Dewayne Hadley ( Signed by Judge Melinda Harmon) Parties notified. (rhawkins) (Entered: 06/24/2016) |
05/14/2020 | 153 | NOTICE of Reassignment to Judge Andrew S Hanen as to Ronald Dewayne Hadley, Lyndell Leroy Price, Leondray Demond Garrison, Ryan Duron Clay. Judge Melinda Harmon no longer assigned to the case. Parties notified, filed. (jdav, 4) (Entered: 05/14/2020) |
05/25/2021 | 156 | PROBATION FORM 12B Request for Modifying the Conditions or Term of Supervision with Consent of the Offender as to Ronald Dewayne Hadley. Court Orders to modify conditions as noted ( Signed by Judge Andrew S Hanen) Parties notified. (jdav, 4) (Entered: 05/25/2021) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
05/12/2023 19:59:14 |
Case (Cause) Number | Style | File Date | Court | Status | Type Of Action / Offense | |
152760801010- 3 Dismissed(D) |
The State of Texas vs. PRICE, LYNDELL LEROY (SPN: 01865815) (DOB: 01/17/1982) | 10/18/2016 | 248 | Defendant: Disposed(D) Disposition: Dismissed(DISM) |
THEFT >=2,500 <30,000 (F) | |
141185801010- 3 Dismissed(D) |
The State of Texas vs. PRICE, LYNDELL LEROY (SPN: 01865815) (DOB: 01/17/1982) |
12/18/2013 | 208 | Defendant: Disposed(D) Disposition: Dismissed(DISM) |
ASLT FAM / HOUSE MEM IMPED BRTH / CIRCU (F) | |
141186601010- 3 Complete(C) |
The State of Texas vs. PRICE, LYNDELL LEROY (SPN: 01865815) (DOB: 01/17/1982) | 12/18/2013 | 208 | Defendant: Disposed(D) Disposition: Disposed(DISP) |
ASLT FAM / HOUSE MEM IMPED BRTH / CIRCU (F) | |
181734401010- 2 Complete(C) |
The State of Texas vs. PRICE, LYNDELL LEROY (SPN: 01865815) (DOB: 01/17/1982) |
3/23/2012 | 11 | Defendant: Disposed(D) Disposition: Disposed(DISP) |
POSS MARIJUANA 2-4 0Z (M) | |
145972701010- 2 Complete(C) |
The State of Texas vs. PRICE, LYNDELL LEROY (SPN: 01865815) (DOB: 01/17/1982) | 6/10/2007 | 12 | Defendant: Disposed(D) Disposition: Disposed(DISP) |
DRIVING WHILE LIC SUSPENDED (M) | |
104864401010- 3 Complete(C) |
The State of Texas vs. PRICE, LYNDELL LEROY (SPN: 01865815) (DOB: 01/17/1982) |
11/30/2005 | 177 | Defendant: Disposed(D) Disposition: Disposed(DISP) |
ARSON (F) | |
126982501010- 2 Complete(C) |
The State of Texas vs. PRICE, LYNDELL LEROY (SPN: 01865815) (DOB: 01/17/1982) | 11/14/2004 | 8 | Defendant: Disposed(D) Disposition: Disposed(DISP) |
DISORDERLY COND / FIREARM / DEADLY WPN (M) | |
097632301010- 3 Complete(C) |
The State of Texas vs. PRICE, LYNDELL LEROY (SPN: 01865815) (DOB: 01/17/1982) |
2/4/2004 | 184 | Defendant: Disposed(D) Disposition: Disposed(DISP) |
THEFT >=$500 <$1,500 (M) | |
113432201010- 2 Complete(C) |
The State of Texas vs. PRICE, LYNDELL LEROY (SPN: 01865815) (DOB: 01/17/1982) | 9/9/2002 | 15 | Defendant: Disposed(D) Disposition: Disposed(DISP) |
THEFT – $50-$500 (M) |
2020-40598 –
ROGERS, STEVEN A (INDIVIDUALLY) (AND ON BEHALF THE vs. PRICE, NAKIA
(Court 333, JUDGE BRITTANYE MORRIS)
JUL 8, 2020 | REPUBLISHED BY LIT: MAY 13, 2023
Agreed Notice of Non-Suit with Prejudice
2021
LIT COULD NOT FIND THIS CRIMINAL CASE ON HARRIS COUNTY DISTRICT COURT WEBSITE
So who removed the indictment and criminal case from the public and court records?
Turkey Leg Hut Co-Owner Faces Aggravated Assault Charge Following Incident at a Forthcoming Third Ward Bar
Lyndell “Lynn” Price is headed to court in June, facing charges that allege he hit a Houston man in the head with a gun
MAY 18, 2021 | REPUBLISHED BY LIT: MAY 13, 2023
Next month, Turkey Leg Hut co-owner Lyndell “Lynn” Price is headed back to court, facing charges of aggravated assault with a deadly weapon in connection with an incident that occurred at forthcoming Third Ward bar-restaurant, Savoy Ice House.
A tipster pointed Eater in the direction of the arrest report from February 7, which alleges that Price struck a man named Davis Webster after Webster engaged in a verbal altercation with Price’s wife and Turkey Leg Hut co-owner Nakia Price at Savoy Ice House.
Webster allegedly told officers he was heading to the restaurant to meet with a friend, Jabar Watson, who he said was the owner.
In the police report, Webster says that he went to the as-yet-unopened restaurant under the assumption that Lynn and Nakia Price would not be on the premises.
After the verbal altercation, the police report alleges that Price hit the man in the head with a pistol, then allegedly threatened to kill him.
Webster allegedly sustained multiple injuries during the altercation, including a 5-centimeter laceration on the back of his head and a “bruised indentation that appeared as a gun slide,” referring to the part of a pistol that is pulled back (or “racked”) to prepare it for firing.
The beef between Price and Webster is apparently longstanding.
According to the police report, tensions between the two began when Webster repossessed a van that he sold to the Prices shortly before Lynn Price was sentenced to federal prison after he was convicted in an identity theft and tax return fraud scheme in 2015. (LIT: There is no record of a prison sentence).
In a statement to police, Nakia Price said that she asked security guards from the Turkey Leg Hut to intervene after Webster had been asked to leave Savoy, but he allegedly refused to leave.
Nakia Price also told police that she had not seen the alleged altercation and that Lynn Price had left the premises.
The report indicates that Lynn Price’s attorney told police that Price “would not be giving a statement on this incident.”
In a statement provided to Eater, Price’s attorney Letitia D. Quinones denied Webster’s allegations.
She also claimed that Price was not a co-owner of Turkey Leg Hut, despite court filings and the restaurant’s own website indicating otherwise.
In Texas, a petition for expunction is a civil court proceeding that seeks to have the records related to a criminal case removed from public record. If the petition for expunction is granted, the records related to the criminal case will be expunged, which means they will be physically destroyed or deleted.
However, the civil court case itself does not typically get expunged. The court’s order granting the petition for expunction will become part of the public record, but it will not include any information about the underlying criminal case that was expunged.
So while the civil case seeking expunction will remain a matter of public record, the records related to the underlying criminal case that was the subject of the expunction will be removed from public record.
“It is unfortunate that someone is attempting to falsely accuse Mr. Price, making accusations in this matter and that once people reach a level of success, that others attempt to take advantage of situations in an attempt for personal financial gain,”
the statement reads in part.
“We look forward to our day in court that will prove these accusations wrong as the Prices continue to be involved in the their community in a positive way and growing the Third Ward area.”
Savoy Ice House, announced in 2019, was originally expected to open its doors back in 2020.
If photos uploaded to the bar’s Instagram account are any indication, it’s inching toward an opening soon — earlier this week, the bar posted the progress of its almost-finished outdoor patio.
This is just the latest in a series of legal dramas involving the owners of the Turkey Leg Hut.
The celeb-approved restaurant has been embroiled in multiple lawsuits over the past few years, including one filed in 2019 by nearby residents who alleged its “noxious” smoke was polluting the air before dropping the suit.
Last year, co-owner Nakia Price and former business partner Steven Rogers sued each other in a pair of dramatic lawsuits, accusing each other of financial misconduct, theft, and fraud.
That litigation is still pending.
Lynn Price is expected to appear in a Harris County courtroom on June 3 for arraignment on a charge of aggravated assault with a deadly weapon.
Eater has reached out to a representative for the Turkey Leg Hut for comment on the incident and will update this story with any additional details as they become available.
Update: This story has been updated throughout to clarify details surrounding the alleged incident involving Webster and Price, and to include a statement from Price’s attorney.
2022
US Foods, Inc. v. The Turkey Leg Hut & Company LLC
(1:22-cv-06759)
District Court, N.D. Illinois
DEC 2, 2022 | REPUBLISHED BY LIT: MAY 13, 2023
Of course, when LIT's watchin' and no matter what State...seal the docket
Turkey Leg in Bankruptcy and a Few Fires (Real Fires) Being Put Out in Houston, Texas (Apr. 5, 2024)
MINUTE entry before the Honorable Beth W. Jantz:
Given the Suggestion of Bankruptcy 54 , the referral is closed and Magistrate Judge Beth W. Jantz is no longer on the case.
Plaintiff’s Motion to Deem Facts Admitted 41 is denied as moot with leave to refile if the circumstances change.
The Court is of course happy to re-accept a referral if the circumstances change.
Mailed notice. (as, ) (Entered: 04/05/2024)
United States District Court
Northern District of Illinois – CM/ECF NextGen 1.7.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:22-cv-06759
US Foods, Inc. v. The Turkey Leg Hut & Company LLC et al Assigned to: Honorable John Robert Blakey Demand: $9,999,000 Cause: 07:499 Agricultural Commodities Act |
Date Filed: 12/02/2022 Jury Demand: Plaintiff Nature of Suit: 891 Agriculture Acts Jurisdiction: Federal Question |
Plaintiff | ||
US Foods, Inc. a Delaware corporation |
represented by | Brian L. Shaw Cozen O’Connor 123 N Wacker Drive Suite 1800 Chicago, IL 60606 312 474-1644 Fax: Active Email: bshaw@cozen.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDPeter John Roberts Cozen O’Connor 123 North Wacker Drive Suite 1800 Chicago, IL 60606 312-382-3100 Fax: Active Email: proberts@cozen.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDCorey Thomas Hickman Cozen O’Connor 123 N. Wacker Drive Suite 1800 Chicago, IL 60606 312-382-3100 Fax: Not a member Email: chickman@cozen.com ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
The Turkey Leg Hut & Company LLC a Texas limited liability company |
represented by | John L. Green Law Office of John L. Green, CPA, Attorney at Law 4888 Loop Central Dr, Suite 445 Houston, TX 77081 (713) 660-7400 Fax: Pro Hac Vice Email: jlgreen488@aol.com PRO HAC VICE ATTORNEY TO BE NOTICEDYao O. Dinizulu Dinizulu Law Group, Ltd. 221 North LaSalle Suite 1100 Chicago, IL 60601 (312)384-1920 Fax: Active Email: dinizulu@dinizululawgroup.com ATTORNEY TO BE NOTICED |
Defendant | ||
Nakia Price an individual |
represented by | John L. Green (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICEDYao O. Dinizulu (See above for address) ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
---|---|---|
03/27/2024 | 54 | SUGGESTION of Bankruptcy as to THE TURKEY LEG HUT & COMPANY LLC (Attachments: # 1 Exhibit EXHIBIT “A”)(Green, John) (Entered: 03/27/2024) |
04/05/2024 | 55 | MINUTE entry before the Honorable Beth W. Jantz: Given the Suggestion of Bankruptcy 54 , the referral is closed and Magistrate Judge Beth W. Jantz is no longer on the case. Plaintiff’s Motion to Deem Facts Admitted 41 is denied as moot with leave to refile if the circumstances change. The Court is of course happy to re-accept a referral if the circumstances change. Mailed notice. (as, ) (Entered: 04/05/2024) |
04/09/2024 | 56 | MOTION by Plaintiff US Foods, Inc.to Deem Facts Admitted Only As To Defendant Nakia Price
(Hickman, Corey) (Entered: 04/09/2024) |
04/16/2024 | 57 | RESPONSE by Nakia Pricein Opposition to MOTION by Plaintiff US Foods, Inc.to Deem Facts Admitted Only As To Defendant Nakia Price
56 (Attachments: # 1 Exhibit EXHIBIT “A”, # 2 Exhibit EXHIBIT “B”)(Green, John) (Entered: 04/16/2024) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
05/18/2024 13:12:23 |
Status hearing held on 1/25/2024. Motion to deem facts admitted 41 is still under advisement. The parties report that settlement is not possible at this time. The Court will rule on the pending motion by mail and then the referral to the Magistrate Judge will be closed as this Motion will conclude discovery. Emailed notice (yt) (Entered: 01/29/2024)
United States District Court
Northern District of Illinois – CM/ECF NextGen 1.7.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:22-cv-06759
US Foods, Inc. v. The Turkey Leg Hut & Company LLC et al Assigned to: Honorable John Robert Blakey Referred to: Honorable Beth W. Jantz Demand: $9,999,000 Cause: 07:499 Agricultural Commodities Act |
Date Filed: 12/02/2022 Jury Demand: Plaintiff Nature of Suit: 891 Agriculture Acts Jurisdiction: Federal Question |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
02/28/2024 18:31:11 |
MINUTE entry before the Honorable Beth W. Jantz:
A telephonic status hearing to address the status of settlement talks is set for 1/4/24 at 10:30 a.m.
Plaintiff’s Motion to Deem Facts Admitted 41 remains under advisement.
The parties should meet and confer about settlement possibilities by 12/22/23.
To join the 1/4/24 status hearing, dial 888-273-3658 and enter access code 2217918. Members of the public and media will be able to call in to listen to this hearing.
Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings.
Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.
Mailed notice. (as, ) (Entered: 12/11/2023)
United States District Court
Northern District of Illinois – CM/ECF NextGen 1.7.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:22-cv-06759
US Foods, Inc. v. The Turkey Leg Hut & Company LLC et al Assigned to: Honorable John Robert Blakey Referred to: Honorable Beth W. Jantz Demand: $9,999,000 Cause: 07:499 Agricultural Commodities Act |
Date Filed: 12/02/2022 Jury Demand: Plaintiff Nature of Suit: 891 Agriculture Acts Jurisdiction: Federal Question |
Date Filed | # | Docket Text |
---|---|---|
11/02/2023 | 46 | MINUTE entry before the Honorable Beth W. Jantz: Per Judge Blakey’s Order 45 , fact discovery is reopened for the limited purpose of consideration of Plaintiff’s Motion to Deem Facts Admitted 41 . Defendants’ response is due by 11/16/23. No reply is necessary unless ordered by the Court. A telephonic status hearing to address any possibility of settlement is set for 11/8/23 at 9:30 A.M. To join the 11/8/23 status hearing, dial 888-273-3658 and enter access code 2217918. Mailed notice (sxw) (Entered: 11/02/2023) |
11/08/2023 | 47 | MINUTE entry before the Honorable Beth W. Jantz: The telephonic hearing set for 11/8/2023 is reset to 11/8/2023 at 10:00 a.m. Time change only. Call in information to remain. Mailed notice. (as, ) (Entered: 11/08/2023) |
11/08/2023 | 48 | MINUTE entry before the Honorable Beth W. Jantz: Status hearing held on 11/8/2023. The parties report that they are actively negotiating settlement positions, but would like more time meet and confer on that matter. The briefing schedule for the Plaintiff’s Motion to Deem Facts Admitted 41 will stand and further dates and deadlines will be set after a ruling on the motion. If the parties are able to resolve the case and/or request the Court’s assistance with settlement negotiations, they should jointly email this Court’s courtroom deputy to so advise. Mailed notice. (as, ) (Entered: 11/09/2023) |
11/16/2023 | 49 | RESPONSE by Nakia Price, The Turkey Leg Hut & Company LLC to MOTION by Plaintiff US Foods, Inc. Deem Facts AdmittedPresented before Magistrate Judge
41 DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION TO DEEM FACTS ADMITTED (Attachments: # 1 Exhibit EXHIBIT “A”, # 2 Exhibit EXHIBIT “B”)(Green, John) (Entered: 11/16/2023) |
12/11/2023 | 50 | MINUTE entry before the Honorable Beth W. Jantz: A telephonic status hearing to address the status of settlement talks is set for 1/4/24 at 10:30 a.m. Plaintiff’s Motion to Deem Facts Admitted 41 remains under advisement. The parties should meet and confer about settlement possibilities by 12/22/23.To join the 1/4/24 status hearing, dial 888-273-3658 and enter access code 2217918. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (as, ) (Entered: 12/11/2023) |
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United States District Court
Northern District of Illinois – CM/ECF NextGen 1.7.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:22-cv-06759
US Foods, Inc. v. The Turkey Leg Hut & Company LLC et al Assigned to: Honorable John Robert Blakey Referred to: Honorable Beth W. Jantz Demand: $9,999,000 Cause: 07:499 Agricultural Commodities Act |
Date Filed: 12/02/2022 Jury Demand: Plaintiff Nature of Suit: 891 Agriculture Acts Jurisdiction: Federal Question |
Date Filed | # | Docket Text |
---|---|---|
10/26/2023 | 43 | MOTION by Plaintiff US Foods, Inc. for extension of time to complete discovery for the limited and sole purpose of deeming facts admittedPresented before District Judge
(Hickman, Corey) (Entered: 10/26/2023) |
10/30/2023 | 44 | NOTICE of Motion by Corey Thomas Hickman for presentment of motion for extension of time to complete discovery 43 before Honorable John Robert Blakey on 11/8/2023 at 11:00 AM. (Hickman, Corey) (Entered: 10/30/2023) |
11/02/2023 | 45 | MINUTE entry before the Honorable John Robert Blakey: To the extent necessary, the Court grants Plaintiff’s motion to reopen discovery for the limited purpose of allowing Judge Jantz to consider Plaintiff’s motion to deem facts admitted 43 . The 11/8/23 Notice of Motion date is stricken. Mailed notice (gel, ) (Entered: 11/02/2023) |
11/02/2023 | 46 | MINUTE entry before the Honorable Beth W. Jantz: Per Judge Blakey’s Order 45 , fact discovery is reopened for the limited purpose of consideration of Plaintiff’s Motion to Deem Facts Admitted 41 . Defendants’ response is due by 11/16/23. No reply is necessary unless ordered by the Court. A telephonic status hearing to address any possibility of settlement is set for 11/8/23 at 9:30 A.M. To join the 11/8/23 status hearing, dial 888-273-3658 and enter access code 2217918. Mailed notice (sxw) (Entered: 11/02/2023) |
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11/06/2023 12:57:27 |
United States District Court
Northern District of Illinois – CM/ECF NextGen 1.7.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:22-cv-06759
US Foods, Inc. v. The Turkey Leg Hut & Company LLC et al Assigned to: Honorable John Robert Blakey Referred to: Honorable Beth W. Jantz Demand: $9,999,000 Cause: 07:499 Agricultural Commodities Act |
Date Filed: 12/02/2022 Jury Demand: Plaintiff Nature of Suit: 891 Agriculture Acts Jurisdiction: Federal Question |
Date Filed | # | Docket Text |
---|---|---|
10/04/2023 | 41 | MOTION by Plaintiff US Foods, Inc. Deem Facts AdmittedPresented before Magistrate Judge
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hickman, Corey) (Entered: 10/04/2023) |
10/05/2023 | 42 | MINUTE entry before the Honorable Beth W. Jantz: Status hearing held on 10/05/2023. The Court received Plaintiff’s Motion to Deem Facts Admitted 41 . The fact discovery deadline expired in early September, however, with no motion from either side to extend. Any motion to extend the fact discovery deadline is due to the District Judge by 10/26/2023, in order for the parties to meet and confer in the interim on possible settlement and/or the pending motion to deem facts admitted. Defense to make a settlement counter-offer by 10/6/23. The Court will set further dates and deadlines after the ruling on the extension motion before the District Judge or the District Judge referring any motion to extend to this Court. Mailed notice. (as, ) (Entered: 10/05/2023) |
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10/19/2023 13:54:47 |
MINUTE entry before the Honorable Beth W. Jantz:
Status hearing held on 10/05/2023.
Court received Plaintiff’s Motion to Deem Facts Admitted 41 .
The fact discovery deadline expired in early September, however, with no motion from either side to extend.
Any motion to extend the fact discovery deadline is due to the District Judge by 10/26/2023, in order for the parties to meet and confer in the interim on possible settlement and/or the pending motion to deem facts admitted.
Defense to make a settlement counter-offer by 10/6/23.
The Court will set further dates and deadlines after the ruling on the extension motion before the District Judge or the District Judge referring any motion to extend to this Court.
Mailed notice. (as, ) (Entered: 10/05/2023)
Miscellaneous Relief
MINUTE entry before the Honorable Beth W. Jantz:
Status hearing held on 8/30/2023 and continued to 10/5/23 at 10:30 a.m. Any motion to extend the fact discovery deadline should be filed with the District Judge.
The Court addresses the pending Motion for Sanctions pursuant to Rule 37 38 . The Defendant made discovery responses and document productions as ordered before today’s hearing and the Plaintiff confirms receipt.
The motion for sanctions is DENIED AS MOOT, for the reasons stated on the record.
The Plaintiff raises continued disagreements in regard to the Requests for Admissions and may file a renewed motion, if appropriate, following a further meet and confer on those issues and adhering to all requirements in the Court’s Standing Order on Discovery Motions and Motions to Compel.
Defense reports that they are interested in making a settlement offer and any such offer must be submitted to the Plaintiff by 9/12/2023.
join the status conference by phone, dial 888-273-3658 and enter access code 2217918.
Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings.
Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.
Mailed notice. (as, ) (Entered: 08/31/2023)
MINUTE entry before the Honorable Beth W. Jantz:
The Court is in receipt of Plaintiff’s Motion for Rule 37 Sanctions 38 and it is under advisement.
Given the Defendants’ repeated failures to comply with basic discovery obligations by previously agreed-to deadlines, this Court expects Defendants to issue their long overdue written discovery responses in advance of the telephonic status hearing scheduled for 8/30/23, which stands.
Further failures to comply with basic discovery obligations may result in sanctions on the Defendants, up to and including a default judgment.
Mailed notice. (as, ) (Entered: 08/24/2023)
United States District Court
Northern District of Illinois – CM/ECF NextGen 1.7.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:22-cv-06759
US Foods, Inc. v. The Turkey Leg Hut & Company LLC et al Assigned to: Honorable John Robert Blakey Referred to: Honorable Beth W. Jantz Demand: $9,999,000 Cause: 07:499 Agricultural Commodities Act |
Date Filed: 12/02/2022 Jury Demand: Plaintiff Nature of Suit: 891 Agriculture Acts Jurisdiction: Federal Question |
Date Filed | # | Docket Text |
---|---|---|
05/16/2023 | 29 | MINUTE entry before the Honorable John Robert Blakey: This case has been reassigned to the calendar of the Honorable John Robert Blakey. During the course of the litigation, the attorneys must appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey’s Courtroom Deputy, Gloria Lewis, at gloria_lewis@ilnd.uscourts.gov. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are ordered to review and fully comply with all of this Court’s own standing orders, which are available on Judge Blakey’s information page on the Court’s official website: http://www.ilnd.uscourts.gov/. The case remains with Magistrate Judge Jantz for discovery supervision, and all set dates and deadlines stand. Mailed notice (gel, ) (Entered: 05/16/2023) |
06/05/2023 | 30 | STIPULATION to Extend Deadlines for All Parties to Answer Requests to Admit and Respond to Written Discovery (Hickman, Corey) (Entered: 06/05/2023) |
06/06/2023 | 31 | MINUTE entry before the Honorable Beth W. Jantz: The parties have filed a stipulation 30 to extend the deadline for the parties to respond to written discovery requests from 6/5/23 to 6/19/23. Accordingly, the initial status conference set for 6/14/23 is stricken and reset to 7/20/23 at 11:15 a.m. The parties shall be prepared to update the Court regarding their discovery progress. Should the parties be interested in a settlement conference with the Court, they may jointly email the Court’s courtroom deputy at any time to request a pre-settlement conference call. To join the 7/20/23 status conference by phone, counsel shall dial 888-273-3658 and enter access code 2217918. Members of the public and media will be able to call in to listen to this hearing as well. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (as, ) (Entered: 06/06/2023) |
07/18/2023 | 32 | MOTION by Plaintiff US Foods, Inc. to compel Defendants to Answer Written DiscoveryPresented before Magistrate Judge
(Attachments: # 1 Exhibit A – Discovery to Defendants, # 2 Exhibit B – Meet and Confer Letter)(Hickman, Corey) (Entered: 07/18/2023) |
07/18/2023 | 33 | MINUTE entry before the Honorable Beth W. Jantz: The Court is in receipt of Plaintiff’s motion to compel 32 , which is denied without prejudice to renewal for failure to meet and confer fully before the filing of any discovery motion. The telephonic status hearing scheduled for 7/20/23 at 11:15 a.m. stands, during which the Court will expect the defense to address when it will be filing its discovery responses in short order. Mailed notice. (as, ) (Entered: 07/18/2023) |
07/20/2023 | 34 | MINUTE entry before the Honorable Beth W. Jantz: Status hearing held on 7/20/2023 and continued to 8/30/2023 at 10:30 a.m. The parties update the court on the progress of discovery. The Plaintiff has produced some written discovery responses to the Defendants. Plaintiff plans to produce more after the entry of a protective order. Any protective orders are due to this Court by 7/28/2023 and Plaintiff shall issue the rest of its discovery responses within 14 days after Court entry of a protective order. The parties are directed to review and comply with Judge Jantz’s Standing Order on Confidentiality or Protective Orders. The protective order must be based on the Court’s Model Confidentiality Order, and the parties must email a redlined version to the Court (Proposed_Order_Jantz@ilnd.uscourts.gov) highlighting any changes made to the model order. Defendants discovery responses due to issue by 7/28/23. Defendants also are to make a settlement offer if they so choose by 8/21/2023. At the next status, the parties will provide further updates regarding discovery, scheduling of any depositions, whether a fact discovery close extension will be necessary, and any interest in a settlement conference after the Plaintiff has had time to consider the Defendants’ offer. To join the 8/30/2023 status conference by phone, dial 888-273-3658 and enter access code 2217918. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (as, ) (Entered: 07/24/2023) |
07/28/2023 | 35 | MOTION by Plaintiff US Foods, Inc. for protective order (agreed)Presented before Magistrate Judge
(Attachments: # 1 Exhibit A – Protective Order)(Hickman, Corey) (Entered: 07/28/2023) |
08/02/2023 | 36 | MINUTE entry before the Honorable Beth W. Jantz: The parties’ agreed motion for a confidentiality order 35 is granted. Enter Confidentiality Order. Mailed notice. (as, ) (Entered: 08/02/2023) |
08/02/2023 | 37 | AGREED Confidentiality Order. Signed by the Honorable Beth W. Jantz on 8/2/2023. Mailed notice. (as, ) (Entered: 08/02/2023) |
08/23/2023 | 38 | MOTION by Plaintiff US Foods, Inc. for sanctions pursuant to Rule 37Presented before Magistrate Judge
(Attachments: # 1 Exhibit A – 8-16-23 Meet and Confer Communication)(Hickman, Corey) (Entered: 08/23/2023) |
08/24/2023 | 39 | MINUTE entry before the Honorable Beth W. Jantz: The Court is in receipt of Plaintiff’s Motion for Rule 37 Sanctions 38 and it is under advisement. Given the Defendants’ repeated failures to comply with basic discovery obligations by previously agreed-to deadlines, this Court expects Defendants to issue their long overdue written discovery responses in advance of the telephonic status hearing scheduled for 8/30/23, which stands. Further failures to comply with basic discovery obligations may result in sanctions on the Defendants, up to and including a default judgment. Mailed notice. (as, ) (Entered: 08/24/2023) |
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United States District Court
Northern District of Illinois – CM/ECF NextGen 1.7.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:22-cv-06759
US Foods, Inc. v. The Turkey Leg Hut & Company LLC et al Assigned to: Honorable John Robert Blakey Referred to: Honorable Beth W. Jantz Demand: $9,999,000 Cause: 07:499 Agricultural Commodities Act |
Date Filed: 12/02/2022 Jury Demand: Plaintiff Nature of Suit: 891 Agriculture Acts Jurisdiction: Federal Question |
Plaintiff | ||
US Foods, Inc. a Delaware corporation |
represented by | Brian L. Shaw Cozen O’Connor 123 N Wacker Drive Suite 1800 Chicago, IL 60606 312 474-1644 Fax: Active Email: bshaw@cozen.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDPeter John Roberts Cozen O’Connor 123 North Wacker Drive Suite 1800 Chicago, IL 60606 312-382-3100 Fax: Active Email: proberts@cozen.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDCorey Thomas Hickman Cozen O’Connor 123 N. Wacker Drive Suite 1800 Chicago, IL 60606 312-382-3100 Fax: Not a member Email: chickman@cozen.com ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
The Turkey Leg Hut & Company LLC a Texas limited liability company |
represented by | John L. Green Law Office of John L. Green, CPA, Attorney at Law 4888 Loop Central Dr, Suite 445 Houston, TX 77081 (713) 660-7400 Fax: Pro Hac Vice Email: jlgreen488@aol.com PRO HAC VICE ATTORNEY TO BE NOTICEDYao O. Dinizulu Dinizulu Law Group, Ltd. 221 North LaSalle Suite 1100 Chicago, IL 60601 (312)384-1920 Fax: Active Email: dinizulu@dinizululawgroup.com ATTORNEY TO BE NOTICED |
Defendant | ||
Nakia Price an individual |
represented by | John L. Green (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICEDYao O. Dinizulu (See above for address) ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
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12/02/2022 | 1 | COMPLAINT filed by US Foods, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20100271. (Attachments: # 1 Exhibit A – Turkey Leg Customer Agreement, # 2 Exhibit B – UCC Statement, # 3 Exhibit C – PACA Report, # 4 Exhibit D – Sample Invoice, # 5 Exhibit E – Accounting, # 6 Exhibit F – PACA Notice, # 7 Exhibit G – Demand Letter)(Hickman, Corey) (Entered: 12/02/2022) |
12/02/2022 | 2 | CIVIL Cover Sheet (Hickman, Corey) (Entered: 12/02/2022) |
12/02/2022 | 3 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by US Foods, Inc. (Hickman, Corey) (Entered: 12/02/2022) |
12/02/2022 | 4 | ATTORNEY Appearance for Plaintiff US Foods, Inc. by Corey Thomas Hickman (Hickman, Corey) (Entered: 12/02/2022) |
12/02/2022 | 5 | ATTORNEY Appearance for Plaintiff US Foods, Inc. by Brian L. Shaw (Shaw, Brian) (Entered: 12/02/2022) |
12/02/2022 | 6 | ATTORNEY Appearance for Plaintiff US Foods, Inc. by Peter John Roberts (Roberts, Peter) (Entered: 12/02/2022) |
12/02/2022 | CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (smb, ) (Entered: 12/02/2022) | |
12/02/2022 | CLERK’S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) (Entered: 12/02/2022) | |
12/02/2022 | SUMMONS Issued as to Defendants Nakia Price, The Turkey Leg Hut & Company LLC (smb, ) (Entered: 12/02/2022) | |
12/29/2022 | 7 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/30/2022) |
01/24/2023 | 8 | MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff is directed to file a report on the status of service of summons on February 1, 2023. Mailed notice. (kp, ) (Entered: 01/24/2023) |
01/31/2023 | 9 | STATUS Report on Service of Process of Defendants by US Foods, Inc. (Hickman, Corey) (Entered: 01/31/2023) |
02/13/2023 | 10 | MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff stated in its January 31, 2023 report that service of summonses had been accomplished; to date, no forms reflecting proof of service have been filed. Plaintiff shall file proof of service no later than February 17, 2023. If proof of service is not filed on or before February 17, 2023, Plaintiff shall file on that date a report on the status of filing proof of service. Mailed notice. (kp, ) (Entered: 02/13/2023) |
02/16/2023 | 11 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20354612. (Green, John) (Entered: 02/16/2023) |
02/16/2023 | 12 | MINUTE entry before the Honorable Ronald A. Guzman: Attorney John L. Green’s motion for leave to appear pro hac vice 11 on behalf of Defendant Turkey Leg Hut & Company LLC and Nakia Price is granted. Mailed notice. (kp, ) (Entered: 02/16/2023) |
02/16/2023 | 13 | AFFIDAVIT of Service filed by Plaintiff US Foods, Inc. regarding Summons and Complaint served on The Turkey Leg Hut & Company LLC and Nakia Price on January 27, 2023 (Hickman, Corey) (Entered: 02/16/2023) |
02/17/2023 | 14 | MINUTE entry before the Honorable Ronald A. Guzman: The parties are directed to confer no later than 3/10/2023 to discuss the nature and bases of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, and they shall also discuss deadlines for any Rule 26(a)(1) disclosures that have not already been exchanged and a proposed discovery plan. Plaintiff is responsible for initiating such a conference, and all lead counsel for all parties must participate. In lieu of an initial status hearing, the parties shall file a joint written initial status report and proposed discovery plan by 3/17/2023. Failure or refusal to participate in such a conference or to cooperate in the preparation of the written report may constitute a basis for sanctions. After the Court receives the parties’ report, it will issue an order setting a discovery schedule, if appropriate. The parties are advised that the Court generally does not delay discovery based on pending motions to dismiss. Mailed notice. (kp, ) (Entered: 02/17/2023) |
02/27/2023 | 15 | Defendants’ Special Appearance and ANSWER to Complaint by Nakia Price, The Turkey Leg Hut & Company LLC(Green, John) (Entered: 02/27/2023) |
02/28/2023 | 16 | MINUTE entry before the Honorable Ronald A. Guzman: Defendants have filed a “special appearance” and answer, asserting in part that this Court lacks personal jurisdiction over them. Defendants “request[s] a hearing and that this Court dismiss this cause because the Court does not have personal jurisdiction over the Defendant[s].” Defendants’ filing contains no citations to caselaw or a substantive discussion of the facts. “[T]he purpose of Rule 12(b), which provides how a defense must be asserted, was to eliminate the need for special appearances to challenge jurisdiction.” Painters Dist. Council No. 58 Tr. Fund v. Jennings Bros., No. 15 C 03343, 2016 WL 1122846, at *1 (C.D. Ill. Mar. 22, 2016) (citing United States v. Republic Marine, Inc., 829 F.2d 1399, 1402 (7th Cir. 1987) (“[T]the general rule in civil cases is now (and has been for some time) that any appearance in an action is a general appearance.”)). Defendants are directed to review Federal Rule of Civil Procedure 12(b)(2), the Local Rules for the Northern District of Illinois (including Local Rule 83.15), and relevant Seventh Circuit caselaw. Any motion to dismiss by Defendants shall be filed on or before March 10, 2023. Plaintiff’s response shall be filed on or before March 31, 2023, and any reply is due April 14, 2023. The parties’ joint initial status report and discovery plan remains due March 17, 2023. Mailed notice. (kp, ) (Entered: 02/28/2023) |
03/10/2023 | 17 | MOTION by Defendants Nakia Price, The Turkey Leg Hut & Company LLC to dismiss for lack of jurisdiction and Improper Venue, or, In the Alternative, Motion to Transfer Venue (Attachments: # 1 Text of Proposed Order)(Green, John) (Entered: 03/10/2023) |
03/13/2023 | 18 | MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff’s response to Defendants’ motion to dismiss for lack of jurisdiction and improper venue or, in the alternative, motion to transfer venue 17 shall be filed April 3, 2023, and any reply is due April 17, 2023. Ruling to be made by electronic notification. Mailed notice. (kp, ) (Entered: 03/13/2023) |
03/15/2023 | 19 | DESIGNATION of John L. Green as U.S. Attorney for Defendants Nakia Price, The Turkey Leg Hut & Company LLC (Green, John) (Entered: 03/15/2023) |
03/16/2023 | 20 | ATTORNEY Appearance for Defendants Nakia Price, The Turkey Leg Hut & Company LLC by Yao O. Dinizulu (Dinizulu, Yao) (Entered: 03/16/2023) |
03/17/2023 | 21 | STATUS Report (Joint) by US Foods, Inc. (Hickman, Corey) (Entered: 03/17/2023) |
03/17/2023 | 22 | MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties’ initial status report and sets the following schedule. Initial disclosures shall be exchanged no later than April 28, 2023. Amendment of pleadings and joinder of parties to be completed by July 7, 2023. Fact discovery to be completed by September 8, 2023. Discovery supervision and all discovery motions and discovery disputes, including requests for and entry of any protective orders, are referred to the magistrate judge without authority to extend the fact discovery deadline. The parties indicate that they are discussing settlement; any significant progress towards settling this case should be reported to the Court as soon as practicable given the pending motion to dismiss. The referral to the magistrate judge shall include participation in settlement discussions, should the parties request such assistance. Status hearing set for September 12, 2023 at 10:00 a.m. Mailed notice. (kp, ) (Entered: 03/17/2023) |
03/17/2023 | 23 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Beth W. Jantz for the purpose of holding proceedings related to: Discovery supervision and all discovery disputes without authority to extend the discovery cutoff date. The referral to the magistrate judge shall also include authority to conduct a settlement conference if deemed appropriate. Mailed notice. (kp,) (Entered: 03/17/2023) |
03/17/2023 | 24 | MINUTE entry before the Honorable Beth W. Jantz: This case has been referred to Magistrate Judge Jantz for discovery supervision and all discovery disputes without authority to extend the fact discovery deadlines and for settlement matters, if the parties request assistance 22 23 . In addition to the deadlines previously set by the District Court 22 , the parties are to issue written discovery requests by 5/5/23. A telephonic initial status conference is scheduled for 6/14/23 at 10:30 a.m. The parties shall be prepared to update the Court regarding their discovery progress. Should the parties be interested in a settlement conference with the Court, they may jointly email the Court’s courtroom deputy at any time to request a pre-settlement conference call. To join the 6/14/23 status conference by phone, counsel shall dial 888-273-3658 and enter access code 2217918. Members of the public and media will be able to call in to listen to this hearing as well. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (as, ) (Entered: 03/17/2023) |
04/03/2023 | 25 | RESPONSE by US Foods, Inc.in Opposition to MOTION by Defendants Nakia Price, The Turkey Leg Hut & Company LLC to dismiss for lack of jurisdiction and Improper Venue, or, In the Alternative, Motion to Transfer Venue 17 (Hickman, Corey) (Entered: 04/03/2023) |
04/25/2023 | 26 | MINUTE entry before the Honorable Ronald A. Guzman: After failing to file a reply brief in support of their motion to dismiss or transfer, Defendants indicated in email correspondence with the courtroom deputy that they would be filing a reply by April 24, 2023. No reply was filed. Accordingly, the Court will rule without the benefit of a reply. Ruling will be by electronic notification. Mailed notice. (kp, ) (Entered: 04/25/2023) |
04/27/2023 | 27 | MEMORANDUM Opinion and Order: For the reasons stated below, Defendants’ motion to dismiss for lack of personal jurisdiction and improper venue or, in the alternative, to transfer the case to Texas 17 is denied. Signed by the Honorable Ronald A. Guzman on 4/27/2023. Mailed notice. (kp, ) (Entered: 04/27/2023) |
05/05/2023 | 28 | ORDER OF THE EXECUTIVE COMMITTEE: It appearing that the following cases are currently assigned to the Hon. Ronald A. Guzman. Judge Guzman has requested that these cases be reassigned to another judge of this Court pursuant to 28 USC §294(b); therefore IT IS HEREBY ORDERED THAT the Clerk of Court shall reassign the cases listed below to the district judges of this Court. Case reassigned to the Honorable John Robert Blakey for all further proceedings. Honorable Ronald A. Guzman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 05/12/2023. (rc, ) Modified on 5/12/2023 (rc, ). (Main Document 28 replaced on 5/12/2023) (rc, ). (Entered: 05/12/2023) |
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IT SURE LOOKS LIKE TLH CHRISTMAS DAY FOOD GIVEAWAY WAS PAID FOR BY US FOODS, AND OTHERS
HOUSTON – Popular Houston restaurant Turkey Leg Hut is apparently being sued by US Foods for more than $1 million.
The food place has rapidly grown in popularity over the years due to multiple, viral posts on TikTok. It’s located on Almeda Road and constantly has lines wrapped around the building.
A lawsuit from US Foods against Turkey Leg Hut was filed on Dec. 2, 2022.
It mentions an alleged unpaid total balance of $1,288,583.12 in unpaid invoices for non-PACA food and food-related products and services accrued pursuant to the contract between US Foods and Turkey Leg Hut, exclusive of interest, costs, and fees.
Turkey Leg Hut also agreed to pay interest in the amount of 1.5% per month on any payment past due until collected, according to the lawsuit.
The document also states the restaurant agreed to pay all costs, expenses, and fees, including attorneys’ fees, which may be incurred by US Foods in enforcing or protecting its rights under the US Foods and Turkey Leg Hut contract.
These costs are not included in the total unpaid balance of nearly $1.3 million.
“I’m really surprised that they are in this situation considering they’re a pretty busy, high-volume restaurant,”
said Fred Gordon from Gordon Restaurant Consulting.
“Obviously, there was an agreement signed with the restaurant and the actual distributor. I don’t know the net terms associated with the agreement, but it will make it difficult for him to outsource any other vendor in the city.”
US Food started supplying Turkey Leg Hut with goods and services beginning in September 2020.
According to the lawsuit, on Sept. 15, 2022, US Foods sent a letter to Turkey Leg containing a demand for payment in full of all amounts due.
However, Turkey Leg did not respond or object to US Foods demand letter, nor has it made any payments of the outstanding invoices.
Customers we met outside the restaurant Thursday were hearing about the lawsuit for the first time.
“That’s a lot [of money],”
said one customer visiting from Atlanta.
“I’m not saying it’s a false claim, but it is far-fetched.”
“I really hope they get it figured out,”
said another customer visiting from Cleveland.
“It’s a really good business from the short stay I had. The food is really good. Seems like they’re making good money. I hope they do their due diligence.”
Lynn Price, a co-owner of Turkey Leg Hut responded to our story with a now-deleted Instagram post.
The caption of Price’s post read,
“If you’re going to tell the story, tell the whole story
.. understand this comes from a PR lady that’s hurt and also ex employees that are really hurt because of not being a part of the brand
.. understand check the track record and we have paid taxes etc on time 100k a month and pay roll 85k a week and never missed a beat,”
Price said.
“@us_foods owed us money for advertising etc on trucks IG and all .. it’s always 3 sides to a story .. and there side ain’t the truth.. why would a company let a bill get that high, cause they did not at all.”
Co-owner Nakia Price is mentioned in the lawsuit as well.
A spokesperson from US Foods told us, “We sincerely appreciate you reaching out but as a general matter, we do not comment on active litigation.”
This isn’t the first Turkey Leg Hut was sued. Third Ward residents sued the restaurant back in 2019 claiming the restaurant was a public health risk.
The Turkey Leg Hut & Company LLC is a limited liability company (LLC) located at 4830 Almeda Rd Suite A & B in Houston, Texas that received a Coronavirus-related PPP loan from the SBA of $786,838.00 in March, 2021.
The company has reported itself as a female owned business, and employed at least 126 people during the applicable loan loan period.
Based on the standard PPP eligibility formula, it may be possible to estimate the payroll expenses represented by a company on their PPP application (see details above). In order to qualify for the PPP loan amount received, The Turkey Leg Hut & Company LLC’s 2019 payroll expenses are estimated to be at least $3.78M.
Based on their reported 126 jobs retained, this equals an estimated average yearly compensation of $29,975 per employee1
Reported PPP Proceed Usage:
On the PPP application, The Turkey Leg Hut & Company LLC reported intending to use the proceeds of their PPP loan for the following expenses:
Payroll: $786,833
Utilities: $1
Judge Ravi Sandill’s $4M River Oaks Crib
202308671 –
ROGERS, STEVEN A vs. THE TURKEY LEG HUT & COMPANY LLC (A TEXAS LIMITED LIABILITY COMPANY)
(Court 127, JUDGE RAVI K. SANDILL)
FEB 9, 2022 | REPUBLISHED BY LIT: MAY 13, 2023
DEFAULT ENTERED: $931K PLUS INTEREST.
DEFENDANT COSTS
INTERLOCUTORY DEFAULT JUDGMENT
MONETARY DAMAGES AWARDED
ORD SGND GRANTING MTN TO ENFORCE SETTLEMENT
Amended Notice of Submission on Plaintiff’s Motion to Enforce Agreed Judgment – Submission date Dec 4, 2023.
PLAINTIFF’S MOTION TO ENFORCE AGREED JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT
COMES NOW, PLAINTIFF, STEVEN A. ROGERS, and files this Motion to Enforce Agreed Judgment, and in support thereof would respectfully show unto the Honorable Court the following:
I.
BACKGROUND FACTS
1. On or around September 3, 2021, Plaintiff and Defendants, former co- partners in a local business trade-named The Turkey Leg Hut, entered into a certain Redemption Agreement. See Exhibit “A,” Redemption Agreement.
2. The Redemption Agreement contemplated that Defendants would pay an agreed cash consideration of $1,547,500.00 (One Million Five Hundred Forty-Seven Thousand and Five Hundred Dollars) to Plaintiff in exchange for his rights and interests in The Turkey Leg Hut & Company, LLC. Pursuant to the Redemption Agreement, the parties agreed that in the event of the Defendants’ payment default, Plaintiff will be entitled to the entry of an Agreed Judgment against Defendants, consisting of the Purchase Price less the total amounts of payments made by the Defendants.
See Exhibit “B,” Contingent Agreed Judgment attached to Original Redemption Agreement.
3. Defendants performed under the agreement, making the scheduled payments as agreed for over a year, but ultimately failed to make the scheduled payment in November 2022.
Aside from making a partial payment toward the arrearage in January 2023, the Defendants have otherwise failed to comply with their obligations as agreed.
4. To date, the total payments made toward the redemption of Plaintiff—combined with the full amount of offsets against the total obligation— is $616, 388.88.
As such, a remaining debt in the amount of $931,111.12 is owed and immediately collectable through the civil process, in accordance with the Redemption Agreement entered by all parties.
See Exhibit “C,” Affidavit of Steven A. Rogers.
5. Defendants remain delinquent on the debt created by the Redemption Agreement.
On February 9, 2023, after all Plaintiff’s attempts in resolving the matter amicably failed, Plaintiff initiated this lawsuit seeking to exercise the relief he is justly entitled.
6. Through the date of this filing, Defendants Lyndell Price and The Turkey Leg Hut & Company, LLC have failed to appear — which is not surprising considering the months both parties spent refusing to accept personal service.
After multiple unsuccessful personal service attempts and, for the corporation, attempts to serve via certified mail return receipt requested, the Plaintiff was forced to seek relief from the Court.
7. The Turkey Leg Hut LLC and Mr. Price are well beyond the deadline to file an answer in this matter and, therefore, in addition to enforcing the judgment against them, default judgment is also appropriate.
The return of service shows a service date for
(a) Turkey Leg Hut LLC on March 7, 2023,
(b) Lyndell Price on April 7, 2023,
and
(c) Nakia Price on April 7, 2023.
8. Only Nakia Price has answered.
See Exhibit “D”.
Ms. Price’s attempt to rescind the Redemption Agreement and, subsequently, the Agreed Judgment is legally ineffective.
II.
ARGUMENT AND AUTHORITIES
A. Agreed Judgment Should Be Enforced.
9. The Court has power to render an agreed judgment when the agreement is written, signed, and filed with the papers of the case as part of the record and when all terms of the agreement are definitely agreed on by the parties.
Tex. R. Civ. P. 11;
Behrens v. Behrens, 186 S.W.2d 697,698 (Tex. Civ. App. 1945).
When rendering an agreed judgment between parties, the Court’s interpretation is governed by the usual rules of contract interpretation with the primary concern to ascertain and give effect to the parties’ intentions.
Patel v. City of Everman, 179 S.W.3d 1,9 (Tex. App. 2004);
Coker v. Coker, 650 S.W.2d 391, 393 (Tex.1983).
10. Here, the Agreed Judgment between the parties is not ambiguous— the terms unequivocally establish the parties’ intent that, upon payment default, an agreed judgment be entered entitling Plaintiff to the remaining debt amount.
Therefore, Plaintiff requests this honorable Court to honor the signed Redemption Agreement by entering the Agreed Judgment on file with this Court.
11. After applying all legal credits and offsets, the amount left owing on the balance due on the Redemption Agreement is $931,111.12.
Accordingly, the liquidated amount in the Agreed Judgment should also be $931,111.12 and also include post-judgment interest at the legal rate, attorney’s fees, and taxable costs of court (including receiver fees).
B. Default Judgment is Proper Against Lyndell Price and The Turkey Leg Hut LLC
12. The Court may enter a default judgment as to a party who fails to Answer in the designated time.
Tex. R. Civ. P. 239.
13. Defendant Nakia Price’s last known address is 1818 Arbor Street, Houston, Harris County, Texas, 77004.
See Exhibit “E,” Certificate of last known address – Nakia Price.
Defendant Lyndell Price’s last known address is 2806 Isabella Street, Houston, Harris County, Texas, 7004.
See Exhibit “F,” Certificate of last known address – Lyndell Price.
14. Defendants Lyndell Price and Nakia Price are not known to be members of the United States military.
See Exhibit “G,” Defendant Lyndell Price’s Nonmilitary Status; Exhibit “H,” Defendant Nakia Prince’s Nonmilitary Status.
Defendant The Turkey Leg Hut & Company LLC is not a natural person, and thus cannot be in the military or be covered by the Servicemembers Civil Relief Act.
15. No default judgment may be granted until proof of service has been on file with the clerk of the court for ten days.
Tex. R. Civ. P. 107.
Defendant The Turkey Leg Hut & Company LLC’s return of service has been on file with this Court since June 16, 2023, and Defendants Nakia Price and Lyndell Price’s returns of service have been on file since April 18, 2023.
Therefore, the requirements for proof of service have been complied with as all returns of service have been on file for the requisite time.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays the Honorable Court ENTER the Agreed Judgment on file with this Court and AWARD Plaintiff damages amounting to a hearing to establish all damages Plaintiff sustained.
DWOP warning letter (deadline Dec. 8, 2023)
Substitute Service – Amended Declaration of Mailings
Laffite’s Cove Property Owners’ Association vs. Lyndell Price, Et Al
23-CV-0942
JUN 16, 2023 | REPUBLISHED BY LIT: AUG. 6, 2023
Galveston County, et al vs. Lyndell Leroy Price, et al
23-TX-0325
JUN 5, 2023 | REPUBLISHED BY LIT: AUG. 6, 2023
202329129 –
PRICE, NAKIA vs. PRICE, LYNDELL L
(Court 309)
MAY 10, 2023 | REPUBLISHED BY LIT: OCT 22, 2023
We assume you know Nakia Price or a close family member personally, as this document cannot be purchased and is sealed. pic.twitter.com/bfqscaYPKm
— lawsinusa (@lawsinusa) October 22, 2023
Can’t pay there bills cuz Lyndell stealing money from the biz, according to Nakia’s divorce paperwork @USFoods @turkeyleghut @Truthteller217 @isiahcareyFOX26 https://t.co/nHMiWthsBA
— Billy O (@billywaves416) October 22, 2023
202375737 –
CITY OF HOUSTON vs. PIR ENTERPRISE LLC (AKA PIR ENTERPRISES LLC)
(Court 270, JUDGE DEDRA DAVIS)
OCT 31, 2023 | REPUBLISHED BY LIT: NOV. 10, 2023
$650K loan memorialized from Judge Kenneth L. Hoyt and Veola L Hoyt to Nakia Price dba PIR
Michael Pearson is a senior vice president and real estate lender at Amegy Bank. President and CEO at Unity National Bank.
In his role in the not-for-profit lending group, he is responsible for providing financial products, services and trusted advice to tax-exempt, not-for-profit clients and prospects of the bank.
Prior to joining Amegy, Michael served as a credit officer in the global oil & gas division at JPMorgan Chase.
He has also worked for several banks as a relationship manager for the healthcare and oil & gas industries.
Michael has 32 years of banking experience. Among his diverse credentials, he holds a Certified Financial Planner designation and is an U.S. Treasury Department Enrolled Agent.
Michael earned a Bachelor of Science degree in business management from Fisk University and a Master of Business Administration from Pepperdine University.
Community:
An active member of the community,
Michael is the Board of Directors’ Treasurer for the Houston Area Urban League,
an Executive Committee member of the Chinese Community Center,
a Trustee for The Battleship Texas Foundation,
an advisory Board member of the Houston Center for Photography,
and a member of the Art Colony Association Artist Support Committee.
He is also on the local and state boards of the Risk Management Association (RMA) and serves on the RMA National Leaders Conference Committee.
Michael is active in cultural arts, performing arts, academic and social service communities in Houston.