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Date: 09-26-2022

Case Style:

United States of America v. Growtech Industries, LLC v. Mary Mechanix, L.L.P., et al.

Case Number: 5:12-cv-841

Judge: Timothy D. Degiusti

Court: United States District Court for the Western District of Oklahoma (Oklahoma County)

Plaintiff's Attorney:

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Defendant's Attorney:

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Description: Oklahoma City, Oklahoma civil litigation lawyers represented Plaintiff and Defendants in a breach of contract case.

Plaintiff is a New York-based company that manufactures cannabox containers. These containers are used to grow and cultivate cannabis. On February 8, 2019, Defendant Mary Mechanix, LLP, entered into a sales agreement with Plaintiff for the purchase of multiple cannabox containers valued at $1,914,388.00. See First Am. Compl. [Doc. No. 10] at ¶ 23. Pursuant to the sales agreement, Mary Mechanix paid $1,551,444.25, leaving a balance owed of $362,943.75 (the “Balance Owed”). Id.

Seeking to recover the Balance Owed, Plaintiff commenced a breach of contract action against Mary Mechanix in the United States District Court for the Southern District of New York on April 14, 2020 (the “New York Action”).[1] Mary Mechanix entered its appearance and filed a responsive pleading to Plaintiff's complaint, but thereafter advised the court that it was no longer defending against Plaintiff's claim. Id. at ¶ 24. On January 21, 2021, the court entered a default judgment (the “Foreign Judgment”) in favor of Plaintiff and against Mary Mechanix in the principal amount of $362,943.75, plus additional costs and accruing interest. Id. at ¶ 25.

On April 23, 2021, Plaintiff proceeded to domesticate the Foreign Judgment in the District Court of Oklahoma County by filing a Notice of Filing Foreign Judgment in an action styled Growtech Industries, LLC v. Mary Mechanix, L.L.P., Case No. CV-2021-965 (the &ldquo ;Oklahoma Action”). Id. at ¶ 26.

On May 17, 2021, Plaintiff filed a Motion Requiring Judgment Debtor to Appear and Answer Concerning its Property and Forbidding Transfer or other Disposition of Property in the Oklahoma Action. The District Court of Oklahoma County entered Orders to Appear and Answer as to Assets and Forbidding the Transfer or Other Disposition of Property (the “Hearing on Assets”) to Bryan Armstrong, Sterling Cryder, and Philip Wong as representatives of Mary Mechanix. Id. at ¶ 27. The Hearing on Assets took place on June 21, 2021. Id. at ¶ 28. Based on the testimony and evidence presented at the Hearing on Assets, Plaintiff filed suit in this Court on August 24, 2021, alleging that monies, property, assets, and other interests belonging to Mary Mechanix were improperly transferred to the named Defendants.[2]...

Outcome: The Court DENIES the Motions to Dismiss filed by Defendant Philip Wong [Doc. No. 16], Defendants Cryder Investments, LLC and Cryder Capital, LLC [Doc. No. 17], Defendants Liza and Sterling Cryder [Doc. No. 18], and Defendants Charles Saner, Randall Saner, Quality Greens, LLC, and GuanXi Dynasty, LLC [Doc. No. 28] with respect to Counts I and II of Plaintiff's First Amended Complaint. Counts III and IV are DISMISSED WITHOUT PREJUDICE to amending and re-filing.

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