Preview
FILED
4/27/2022 4:24 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Cassandra Walker DEPUTY
CAUSE NO. DC-21-04907
BNG MANAGEMENT GROUP, LLC § IN THE DISTRICT COURT OF
Plaintiffi §
§
v. § DALLAS COUNTY, TEXAS
§
TOZEE CONSTRUCTION, INC., §
GIANT BLUE, INC., AND JIMlVIY CHO, §
INDIVIDUALLY §
Defendants. § IOIST JUDICIAL DISTRICT
PLAINTIFF’S RESPONSE TO PLEA IN ABATEMENT
COMES NOW BNG management Group, LLC, Plaintiff in the above styled and numbered
cause, and file this its Response to Plea in Abatement, and would show unto the Court as follows:
I. BACKGROUND
l. On September 29, 2021, Defendants filed a plea in abatement contesting Plaintiff‘s ability
to maintain this suit in Texas.
2. Defendants challenged that Plaintiff was not registered to do business in Texas, a
prerequisite to maintaining suit in Texas.
II. ARGUMENT AND AUTHORITIES
l. Plaintiff is registered to do business in Texas and has been since October 4, 2021.1
2. The certificate of registration of a foreign business in Texas denotes that the company was
formed in Georgia on July 22, 2015.2
3. Therefore, Plaintiff can maintain its action in this Court.
1
A true and correct copy of the Secretary of State Report as of April 27, 2022 showing that BNG Management
Group is in existence is attached hereto as Exhibit “A.”
2
A true and correct copy of the certificate of registration is attached hereto as Exhibit “B.”
Plaintiff’s Response to Plea in Abatement Page 1 of 2
III. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff BNG Management Group, LLC,
respectfully requests the Court deny the plea in abatement and provide Plaintiff all such further
relief that Plaintiff is justly entitled to.
Respectfiilly submitted,
/s/ Jordan Whiddon
TAILIM SONG
State Bar No. 00792845
tsong@tailimsong.com
JORDAN WHIDDON
State Bar No. 24093350
jwhiddon@tailimsong.com
8111 LBJ Freeway, Suite 480
Dallas, Texas 75251
(214) 528-8400 Telephone
(214) 528-8402 Facsimile
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
A copy of the above and foregoing document was provided to all parties and attorneys of
record on the 27th day of April, 2022.
/s/ Jordan Whiddon
Jordan Whiddon
Plaintiff’s Response to Plea in Abatement Page 2 of 2
4/27/22, 4:14 PM BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY
TEXAS SECRETARY of STATE
JOHN B. SCOTT
BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY
Filing Number: 804258082 Entity Type: Foreign Limited Liability Company (LLC)
Original Date of Filing: October 4, 2021 Entity Status: In existence
Formation Date: N/A
Tax ID: 32081312954 FEIN: 474593153
Name: BNG MANAGEMENT GROUP LLC
Address: 4355 INTERNATIONAL BLVD STE 100
NORCROSS, GA 30093 USA
Fictitious Name: N/A
Jurisdiction: GA, USA
Foreign Formation July 22, 2015
Date:
ASSOC IATED
REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES INITIAL ADDRESS
Name Address Inactive Date
JIN OK 5500121 HWY UNIT 1938
LEWISVILLE, TX 75056 USA
-— Return to Search
Instructions:
I To place an order for additional information about a filing press the 'Order' button.
EXHIBIT A
https://direct.sos.state.b(.us/corp_inquiry/corp_inquiry-entity.asp?:Sfiling_number=804258082&:Nsession_id=63642295&:Ndocument_number=114382... 1/1
4/27/22, 4:15 PM BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY
TEXAS SECRETARY of STATE
JOHN B. SCOTT
BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY
Filing Number: 804258082 Entity Type: Foreign Limited Liability Company (LLC)
Original Date of Filing: October 4, 2021 Entity Status: In existence
Formation Date: N/A
Tax ID: 32081312954 FEIN: 474593153
Name: BNG MANAGEMENT GROUP LLC
Address: 4355 INTERNATIONAL BLVD STE 100
NORCROSS, GA 30093 USA
Fictitious Name: N/A
Jurisdiction: GA, USA
Foreign Formation July 22, 2015
Date:
ASSOC IATED
REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES INITIAL ADDRESS
Last Update Name Title Address
October 4, 2021 JIN OK Managing Member 4355 INTERNATIONAL BLVD STE 100
NORCROSS. GA 30093 USA
-— Return to Search
Instructions:
I To place an order for additional information about a filing press the 'Order' button.
https://direct.sos.state.b(.us/corp_inquiry/corp_inquiry-entity.asp?spage=mgmt&:Spagefrom=&:Sfi|ing_number=804258082&:Ndocument_number=114... 1/1
[Form 304 J1
Filed in the Office of the
Secretary of State Secretary of State of Texas
3P0. Box 13697 Filing #: 804258082 10/04/2021
Austin, TX 78711-3697 Document #: 1083785170002
wiFAX: 512/463-5709 Application for Image Generated Electronically
Registration of for Web Filing
ling Fee: $750 a Foreign Limited Liability
Company
1. The entity is a foreign limited liability company. The name of the entity is :
BNG MANAGEMENT GROUP LLC
2A. The name of the entityin its jurisdiction of formation does not contain the word "limited liability company" or
"limited company" (or an abbreviation thereof). The name of the entity with the word or abbreviation which it elects to
add for use in Texas is:
2B. The entity name is not available in Texas. The assumed name under which the entity will qualify and transact
business in Texas is:
3. Its federal employer identification number is: 474593153
“Federal employer identification number information is not available at this time.
4. It is organized underthe laws of: GEORGIA, USA
and the date of its formation in thatjurisdiction is: 7/22/2015
5. As of the date of filing, the undersigned certifies that the foreign limited liability company currently exists as a valid
limited liability company under the laws of the jurisdiction of its formation.
6. The purpose or purposes of the limited liability company that it proposes to pursue in the transaction of business in
Texas are set forth below. The entity also certifies that it is authorized to pursue such stated purpose or purposes in
the state or country under which it is organized.
The purpose for which the company is organized is for the transaction of any and
all lawful business for which limited liability companies may be organized
under the Texas Business Organization Code.
7. The date on which the foreign entity intends to transact business in Texas, orthe date on which the foreign entity
first transacted business in Texas is: 05/01/2020
8.The principal office address of the limited liability company is:
4355 INTERNATIONAL BLVD STE 100. NORCROSS, GA. USA 30093
FTQA. The initial registered agent is an organization by the name of:
W793 The initial registered agent is an individual resident of the state whose name is:
EXHIBIT B
JIN OK
3790. The business address of the registered agent and the registered office address is:
5500 121 HWY UNIT 1938 LEWISVILLE TX 75056
Consent of Registered Agent
WA. A copy of the consent of Registered Agent is attached.
OR
i718. The consent of the registered agent is maintained by the entity.
10. The entity hereby appoints the Secretary of State of Texas as its agent for service of process under the
circumstances set forth in section 5.251 of the Texas Business Organizations Code.
of each is.
11. The narne and address governing person
'
NAME OF GOVERNING PERSON (Enter the name of either an IndIVIdual or an organIzatIon but both
not
IF INDIVIDUAL W H H H U U U U _
JIN OK
0R
IF ORGANIZATION
ADDRESS OF GOVERNING PERSON
4355 INTERNATIONAL BLVD STE 100 NORCROSS GA. U__SA 30093
Supplemental Provisions / Information
[The attached addendum, if any, is incorporated herein by reference]
Effectiveness of Filing
I“A. This document becomes effective when the documentIs filed by the secretary of state.
OR
FIB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its
signing. The delayed effective date is:
Execution
The undersigned affirms that the person designated as registered agent has consented to the appointment. The
undersigned signs this document subject to the penalties imposed by law forthe submission of a materially false or
fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized underthe provisions of
law governing the entity to execute the filing instrument.
Date: October 4 2021 JIN OK
Signature and title of authorized person on behalf of the foreign entity
FILING OFFICE COPY
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jordan Whiddon on behalf of Jordan Whiddon
Bar No. 24093350
jwhiddon@tailimsong.com
Envelope ID: 63973932
Status as of 4/28/2022 9:25 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
William Chu wmchulaw@aol.com 4/27/2022 4:24:57 PM SENT
Jordan Whiddon 24093350 jwhiddon@tailimsong.com 4/27/2022 4:24:57 PM SENT
Yuliana Ramirez yuliana@tailimsong.com 4/27/2022 4:24:57 PM SENT
william Knisley knisley.wmchulaw@gmail.com 4/27/2022 4:24:57 PM SENT
Tailim Song tsong@tailimsong.com 4/27/2022 4:24:57 PM SENT
Law Offices ofWilliam Chu docs.wmchulaw@gmail.com 4/27/2022 4:24:57 PM SENT
Chris LValentine cvalentine@tailimsong.com 4/27/2022 4:24:57 PM SENT
Office Efiles wmchulawefile@gmail.com 4/27/2022 4:24:57 PM SENT
Abigael Campbell acampbell@tailimsong.com 4/27/2022 4:24:57 PM SENT
Preview
FILED 4/27/2022 4:24 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Cassandra Walker DEPUTY CAUSE NO. DC-21-04907 BNG MANAGEMENT GROUP, LLC § IN THE DISTRICT COURT OF Plaintiffi § § v. § DALLAS COUNTY, TEXAS § TOZEE CONSTRUCTION, INC., § GIANT BLUE, INC., AND JIMlVIY CHO, § INDIVIDUALLY § Defendants. § IOIST JUDICIAL DISTRICT PLAINTIFF’S RESPONSE TO PLEA IN ABATEMENT COMES NOW BNG management Group, LLC, Plaintiff in the above styled and numbered cause, and file this its Response to Plea in Abatement, and would show unto the Court as follows: I. BACKGROUND l. On September 29, 2021, Defendants filed a plea in abatement contesting Plaintiff‘s ability to maintain this suit in Texas. 2. Defendants challenged that Plaintiff was not registered to do business in Texas, a prerequisite to maintaining suit in Texas. II. ARGUMENT AND AUTHORITIES l. Plaintiff is registered to do business in Texas and has been since October 4, 2021.1 2. The certificate of registration of a foreign business in Texas denotes that the company was formed in Georgia on July 22, 2015.2 3. Therefore, Plaintiff can maintain its action in this Court. 1 A true and correct copy of the Secretary of State Report as of April 27, 2022 showing that BNG Management Group is in existence is attached hereto as Exhibit “A.” 2 A true and correct copy of the certificate of registration is attached hereto as Exhibit “B.” Plaintiff’s Response to Plea in Abatement Page 1 of 2 III. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff BNG Management Group, LLC, respectfully requests the Court deny the plea in abatement and provide Plaintiff all such further relief that Plaintiff is justly entitled to. Respectfiilly submitted, /s/ Jordan Whiddon TAILIM SONG State Bar No. 00792845 tsong@tailimsong.com JORDAN WHIDDON State Bar No. 24093350 jwhiddon@tailimsong.com 8111 LBJ Freeway, Suite 480 Dallas, Texas 75251 (214) 528-8400 Telephone (214) 528-8402 Facsimile ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE A copy of the above and foregoing document was provided to all parties and attorneys of record on the 27th day of April, 2022. /s/ Jordan Whiddon Jordan Whiddon Plaintiff’s Response to Plea in Abatement Page 2 of 2 4/27/22, 4:14 PM BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY TEXAS SECRETARY of STATE JOHN B. SCOTT BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 804258082 Entity Type: Foreign Limited Liability Company (LLC) Original Date of Filing: October 4, 2021 Entity Status: In existence Formation Date: N/A Tax ID: 32081312954 FEIN: 474593153 Name: BNG MANAGEMENT GROUP LLC Address: 4355 INTERNATIONAL BLVD STE 100 NORCROSS, GA 30093 USA Fictitious Name: N/A Jurisdiction: GA, USA Foreign Formation July 22, 2015 Date: ASSOC IATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES INITIAL ADDRESS Name Address Inactive Date JIN OK 5500121 HWY UNIT 1938 LEWISVILLE, TX 75056 USA -— Return to Search Instructions: I To place an order for additional information about a filing press the 'Order' button. EXHIBIT A https://direct.sos.state.b(.us/corp_inquiry/corp_inquiry-entity.asp?:Sfiling_number=804258082&:Nsession_id=63642295&:Ndocument_number=114382... 1/1 4/27/22, 4:15 PM BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY TEXAS SECRETARY of STATE JOHN B. SCOTT BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 804258082 Entity Type: Foreign Limited Liability Company (LLC) Original Date of Filing: October 4, 2021 Entity Status: In existence Formation Date: N/A Tax ID: 32081312954 FEIN: 474593153 Name: BNG MANAGEMENT GROUP LLC Address: 4355 INTERNATIONAL BLVD STE 100 NORCROSS, GA 30093 USA Fictitious Name: N/A Jurisdiction: GA, USA Foreign Formation July 22, 2015 Date: ASSOC IATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES INITIAL ADDRESS Last Update Name Title Address October 4, 2021 JIN OK Managing Member 4355 INTERNATIONAL BLVD STE 100 NORCROSS. GA 30093 USA -— Return to Search Instructions: I To place an order for additional information about a filing press the 'Order' button. https://direct.sos.state.b(.us/corp_inquiry/corp_inquiry-entity.asp?spage=mgmt&:Spagefrom=&:Sfi|ing_number=804258082&:Ndocument_number=114... 1/1 [Form 304 J1 Filed in the Office of the Secretary of State Secretary of State of Texas 3P0. Box 13697 Filing #: 804258082 10/04/2021 Austin, TX 78711-3697 Document #: 1083785170002 wiFAX: 512/463-5709 Application for Image Generated Electronically Registration of for Web Filing ling Fee: $750 a Foreign Limited Liability Company 1. The entity is a foreign limited liability company. The name of the entity is : BNG MANAGEMENT GROUP LLC 2A. The name of the entityin its jurisdiction of formation does not contain the word "limited liability company" or "limited company" (or an abbreviation thereof). The name of the entity with the word or abbreviation which it elects to add for use in Texas is: 2B. The entity name is not available in Texas. The assumed name under which the entity will qualify and transact business in Texas is: 3. Its federal employer identification number is: 474593153 “Federal employer identification number information is not available at this time. 4. It is organized underthe laws of: GEORGIA, USA and the date of its formation in thatjurisdiction is: 7/22/2015 5. As of the date of filing, the undersigned certifies that the foreign limited liability company currently exists as a valid limited liability company under the laws of the jurisdiction of its formation. 6. The purpose or purposes of the limited liability company that it proposes to pursue in the transaction of business in Texas are set forth below. The entity also certifies that it is authorized to pursue such stated purpose or purposes in the state or country under which it is organized. The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organization Code. 7. The date on which the foreign entity intends to transact business in Texas, orthe date on which the foreign entity first transacted business in Texas is: 05/01/2020 8.The principal office address of the limited liability company is: 4355 INTERNATIONAL BLVD STE 100. NORCROSS, GA. USA 30093 FTQA. The initial registered agent is an organization by the name of: W793 The initial registered agent is an individual resident of the state whose name is: EXHIBIT B JIN OK 3790. The business address of the registered agent and the registered office address is: 5500 121 HWY UNIT 1938 LEWISVILLE TX 75056 Consent of Registered Agent WA. A copy of the consent of Registered Agent is attached. OR i718. The consent of the registered agent is maintained by the entity. 10. The entity hereby appoints the Secretary of State of Texas as its agent for service of process under the circumstances set forth in section 5.251 of the Texas Business Organizations Code. of each is. 11. The narne and address governing person ' NAME OF GOVERNING PERSON (Enter the name of either an IndIVIdual or an organIzatIon but both not IF INDIVIDUAL W H H H U U U U _ JIN OK 0R IF ORGANIZATION ADDRESS OF GOVERNING PERSON 4355 INTERNATIONAL BLVD STE 100 NORCROSS GA. U__SA 30093 Supplemental Provisions / Information [The attached addendum, if any, is incorporated herein by reference] Effectiveness of Filing I“A. This document becomes effective when the documentIs filed by the secretary of state. OR FIB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law forthe submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized underthe provisions of law governing the entity to execute the filing instrument. Date: October 4 2021 JIN OK Signature and title of authorized person on behalf of the foreign entity FILING OFFICE COPY Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Jordan Whiddon on behalf of Jordan Whiddon Bar No. 24093350 jwhiddon@tailimsong.com Envelope ID: 63973932 Status as of 4/28/2022 9:25 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status William Chu wmchulaw@aol.com 4/27/2022 4:24:57 PM SENT Jordan Whiddon 24093350 jwhiddon@tailimsong.com 4/27/2022 4:24:57 PM SENT Yuliana Ramirez yuliana@tailimsong.com 4/27/2022 4:24:57 PM SENT william Knisley knisley.wmchulaw@gmail.com 4/27/2022 4:24:57 PM SENT Tailim Song tsong@tailimsong.com 4/27/2022 4:24:57 PM SENT Law Offices ofWilliam Chu docs.wmchulaw@gmail.com 4/27/2022 4:24:57 PM SENT Chris LValentine cvalentine@tailimsong.com 4/27/2022 4:24:57 PM SENT Office Efiles wmchulawefile@gmail.com 4/27/2022 4:24:57 PM SENT Abigael Campbell acampbell@tailimsong.com 4/27/2022 4:24:57 PM SENT