Case 0:21-cv-61219-RS Document 1 Entered on FLSD Docket 06/11/2021 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`Case No.: _________________________________
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`VITAL PHARMACEUTICALS, INC.,
`d/b/a BANG ENERGY,
`a Florida corporation,
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`Plaintiff,
`v.
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`THE MADE-RITE COMPANY, LTD,
`a Texas limited partnership,
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`
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`_________________________________________/
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`Defendant.
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`COMPLAINT
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`
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`Plaintiff, Vital Pharmaceuticals, Inc., d/b/a Bang Energy, a Florida corporation (hereinafter
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`“Bang Energy”), brings this action against Defendant, The Made-Rite Company, Ltd. (hereinafter
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`“Made-Rite”), a Texas limited partnership, and in support thereof alleges:
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`NATURE OF ACTION
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`1.
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` This is an action for recovery of a money judgment against Made-Rite for Made-
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`Rite’s failure, as buyer, to pay monies owed to Bang Energy, as seller, for goods sold and delivered
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`to Made-Rite.
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`PARTIES, JURISDICTION AND VENUE
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`2.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
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`§1332, as Bang Energy and Made-Rite are citizens of different states and the amount in
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`controversy exceeds $75,000.00, exclusive of interest and costs.
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`3. Bang Energy is a Florida Corporation organized and existing under the laws of the
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`State of Florida, with its principal place of business located in Broward County, Florida.
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`Case No.: _________________________________
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`
`
`
`
`
`
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`VITAL PHARMACEUTICALS, INC.,
`d/b/a BANG ENERGY,
`a Florida corporation,
`
`
`Plaintiff,
`v.
`
`THE MADE-RITE COMPANY, LTD,
`a Texas limited partnership,
`
`
`
`_________________________________________/
`
`Defendant.
`
`COMPLAINT
`
`
`
`
`
`Plaintiff, Vital Pharmaceuticals, Inc., d/b/a Bang Energy, a Florida corporation (hereinafter
`
`“Bang Energy”), brings this action against Defendant, The Made-Rite Company, Ltd. (hereinafter
`
`“Made-Rite”), a Texas limited partnership, and in support thereof alleges:
`
`NATURE OF ACTION
`
`1.
`
` This is an action for recovery of a money judgment against Made-Rite for Made-
`
`Rite’s failure, as buyer, to pay monies owed to Bang Energy, as seller, for goods sold and delivered
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`to Made-Rite.
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`PARTIES, JURISDICTION AND VENUE
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`2.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
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`§1332, as Bang Energy and Made-Rite are citizens of different states and the amount in
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`controversy exceeds $75,000.00, exclusive of interest and costs.
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`3. Bang Energy is a Florida Corporation organized and existing under the laws of the
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`State of Florida, with its principal place of business located in Broward County, Florida.
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`
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`Case 0:21-cv-61219-RS Document 1 Entered on FLSD Docket 06/11/2021 Page 2 of 6
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`4.
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` Made-Rite is a limited partnership organized and existing under the laws of the
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`State of Texas, with its principal place of business located in Gregg County, Texas.
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`5.
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` This Court has personal jurisdiction over Made-Rite pursuant to §48.193(1)(a)(7),
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`because this action arises out of Made-Rite’s failure to pay monies contractually required to be
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`paid to Bang Energy in Broward County, Florida and thus Made-Rite is subject to personal
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`jurisdiction in this action; and/or (b) pursuant to Fla. Stat. §48.193(2), because Made-Rite engages
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`in substantial and not isolated activity within the State of Florida. Further, Made-Rite has
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`constitutional minimum contacts with the State of Florida.
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`6.
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` Venue is proper in the United States District Court for the Southern District of
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`Florida alternatively under 28 U.S.C. §1391(b)(2), as a substantial part of the events or omissions
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`giving rise to the claim asserted herein occurred in this district.
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`GENERAL ALLEGATIONS
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`7.
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` Bang Energy is engaged in the manufacture, and sale to distributors, retailers and
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`consumers, of a variety of sports nutrition supplements and energy beverages.
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`8. Made-Rite is a wholesale distributor of soft drink brands within the State of Texas.
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`9.
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` Bang Energy, pursuant to agreement and purchase orders generated by Made-
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`Rite, sold and delivered energy beverage products, including, but not limited to, its highly
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`successful Bang® energy drink product, to Made-Rite for wholesale distribution and resale.
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`10.
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`11.
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` From March 2020 through and including July 2020, Bang Energy issued
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`invoices to Made-Rite requiring payment for the energy drink products that VPX sold and
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`delivered to Made Rite, totaling $485,106.72. (the “Invoices”). Copies of the Invoices are
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`2
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`Case 0:21-cv-61219-RS Document 1 Entered on FLSD Docket 06/11/2021 Page 3 of 6
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`attached hereto as “Composite Exhibit 1”. To date, Made-Rite has failed to make any payment
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`to Bang Energy on any of the Invoices, which are entirely past due, owing and unpaid.
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`12.
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` Any and all conditions precedent to Bang Energy bringing this action have
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`occurred, or have been met, excused or waived.
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`COUNT I
`ACCOUNT STATED
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`13.
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` Bang Energy restates and realleges the allegations set forth in paragraphs 1
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`
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`through 12 hereinabove, as if fully set forth within this Count.
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`14.
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` Before institution of this action, Bang Energy and Made-Rite had business
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`transactions between them on the dates reflected by the Invoices attached hereto as “Composite
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`Exhibit 1”, and they agreed to the resulting balance.
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`15.
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` Made-Rite did not object to the invoices.
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`16.
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`17.
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` Made-Rite has wholly failed to pay Bang Energy the Invoices.
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` As a result, Bang Energy has been damaged, and Made-Rite owes Bang Energy
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`the principal sum of $485,106.72, plus interest accrued and accruing.
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`WHEREFORE, Plaintiff, Vital Pharmaceuticals, Inc., demands judgment for damages
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`against Defendant, The Made-Rite Company, Ltd., for all unpaid principal sums owing, interest,
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`court costs, reasonable attorney’s fees and such other and further relief as the Court deems just and
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`proper.
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`COUNT II
`GOODS SOLD
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`18.
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` Bang Energy restates and realleges the allegations set forth in paragraph 1
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`through 12 hereinabove, as if fully set forth within this Count.
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`3
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`Case 0:21-cv-61219-RS Document 1 Entered on FLSD Docket 06/11/2021 Page 4 of 6
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`19.
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` Made-Rite owes Bang Energy the principal sum of $485,106.72, plus interest
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`accrued and accruing, for the goods that Bang Energy sold and delivered to Made-Rite on various
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`dates, as reflected by the Invoices attached hereto as “Composite Exhibit 1”.
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`WHEREFORE, Plaintiff, Vital Pharmaceuticals, Inc., demands judgment for damages
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`against Defendant, The Made-Rite Company, Ltd., for all unpaid principal sums owing, interest,
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`court costs, reasonable attorney’s fees and such other and further relief as the Court deems just and
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`proper.
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`COUNT III
`OPEN ACCOUNT
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` Bang Energy restates and realleges the allegations set forth in paragraphs 1
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`20.
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`through 12 hereinabove, as if fully set forth within this Count.
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`21.
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`Made-Rite owes Bang Energy the principal sum of $485,106.72, plus interest
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`accrued and accruing, in accordance with the Invoices attached hereto as “Composite Exhibit 1”.
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`WHEREFORE, Plaintiff, Vital Pharmaceuticals, Inc., demands judgment for damages
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`against Defendant, The Made-Rite Company, Ltd., for all unpaid principal sums owing, interest,
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`court costs, reasonable attorney’s fees and such other and further relief as the Court deems just and
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`proper.
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`COUNT IV
`UNJUST ENRICHMENT
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`22.
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`Bang Energy restates and realleges the allegations set forth in paragraphs 1
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`through 12 hereinabove, as if fully set forth within this Count.
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`23.
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`Around and during the period from March 2020 through and including July
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`2020, Bang Energy sold and delivered to Made-Rite, and Made-Rite received, accepted and
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`4
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`Case 0:21-cv-61219-RS Document 1 Entered on FLSD Docket 06/11/2021 Page 5 of 6
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`retained, goods reflected in the Invoices attached hereto as “Composite Exhibit 1”, and at the
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`agreed total price and reasonable value of $485,106.72.
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`24.
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`Bang Energy has conferred a benefit upon Made-Rite in the amount of
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`$485,106.72, plus interest accrued and accruing, and Made-Rite has failed to make any payment
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`on the $485,106.72 worth of goods provided.
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`25.
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`Made-Rite has retained said goods, and it is inequitable for Made-Rite to retain
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`such benefit without paying for same.
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`26.
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`Made-Rite has nonetheless failed and refused to pay for the goods after due
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`demand.
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`WHEREFORE, Plaintiff, Vital Pharmaceuticals, Inc., demands judgment for damages
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`against Defendant, The Made-Rite Company, Ltd., for all unpaid principal sums owing, interest,
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`court costs, reasonable attorney’s fees and such other and further relief as the Court deems just and
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`proper.
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`Dated: June 10, 2021
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` Respectfully submitted,
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`
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`________________________________
`James Paul, Esq.
`Florida Bar No. 1010819
`Vital Pharmaceuticals, Inc.
`1600 North Park Drive
`Weston, Florida 33326
`Telephone: (954) 641-0570
`Email: James.Paul@bangenery.com
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`Counsel for Plaintiff, Vital Pharmaceuticals,
`Inc.
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`5
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`Case 0:21-cv-61219-RS Document 1 Entered on FLSD Docket 06/11/2021 Page 6 of 6
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`COMPOSITE
`EXHIBIT 1
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`6
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