Complaint Against Xhenis Levack, Primo, Inc. , Filed by 4 Over International, LLC. (Attachments: # 1 Civil Cover Sheet)(Gatehouse, James) Modified Docket Text to Remove Duplicate Wording on 3/31/2026
Parties
14 Over is a Delaware limited liability company with its principal place of business at 1225 Los Angeles Street, Glendale, California 91204. 4 Over is engaged in the business of providing commercial printing products and services. For purposes of diversity jurisdiction under 28 U.S.C. § 1332, the citizenship of a limited liability company is determined by the citizenship of each of its members. When the citizenship of 4 Over International, LLC is determined by reference to the citizenship of all of its members, traced through every layer of its ownership structure and all individual members and partners at every level of the ownership chain, no member
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or partner at any tier is a citizen of the State of North Carolina. 4 Over is, therefore, not a citizen of the State of North Carolina for purposes of diversity jurisdiction under 28 U.S.C. § 1332.
2Primo is a North Carolina corporation, with its principal place of business at 19009 Peninsula Point Drive, Cornelius, North Carolina 28031. At all times relevant hereto, Primo was engaged in the business of purchasing and reselling printing products and services.
3Xhenis Levack is an individual and citizen of the state of North Carolina. Levack is the President and Registered Agent for Primo.
Jurisdiction and Venue
4This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1332(a) because there is complete diversity of citizenship between Plaintiff and Defendants and the amount in controversy exceeds $75,000, exclusive of interest and costs. Plaintiff is a citizen of a state other than North Carolina, and Defendant is a citizen of North Carolina.
5Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to the claims occurred in this District, and Defendants reside in this District.
6This Court has personal jurisdiction over Defendants because Defendants are domiciled and maintain their principal place of business in North Carolina, within this judicial district.
Facts
7At all times relevant to this action, Primo was a long-established customer of 4 Over, purchasing commercial printing products and services from 4 Over on an ongoing basis.
8Over the course of its business relationship with 4 Over, Primo accumulated a substantial outstanding balance for products and services that 4 Over delivered to Primo, but for which Primo failed to pay in full.
9As of September 15, 2024, Primo owed 4 Over a total of $1,082,065.46 (the “Indebtedness”) for products and services previously delivered by 4 Over to Primo.
The Installment Agreement
10On or about September 15, 2024, 4 Over and Primo entered into a written Installment Payment Agreement (the “Installment Agreement”) whereby Primo acknowledged the Indebtedness and agreed to repay the full amount of $1,082,065.46 to 4 Over through scheduled monthly installment payments of $30,000.00 each, beginning on September 15, 2024, and continuing through the final payment on September 1, 2027.
11Under the terms of the Installment Agreement, Primo was required to make each installment payment on or before the scheduled due date, with a grace period of up to five (5) business days after the installment was due before being in default.
12Pursuant to Section 2 of the Installment Agreement, 4 Over agreed not to charge any interest on the Indebtedness.
13Pursuant to Section 5 of the Installment Agreement, Primo was entitled to a 2% annual rebate, which would be applied to reduce the Indebtedness by the 15th of each February.
14In consideration of the Installment Agreement, 4 Over extended preferential pricing to Primo, including presidential pricing status and a preferred discount of 6.9%.
15Pursuant to Section 6 of the Installment Agreement, Primo would be in default if, among other things: (a) Primo failed to pay any amount of the Indebtedness when due, which would result in the loss of its discounts; or (b) Primo failed to make a full installment payment and failed to cure such non-payment within 120 days following written notice of such delinquency.
16Pursuant to Section 8.8 of the Installment Agreement, in the event of Primo’s default, Primo agreed to pay all collection costs, including reasonable attorney’s fees incurred by 4 Over on account of such collection, regardless of whether a lawsuit is filed.
17Pursuant to Section 8.9 of the Installment Agreement, in the event of litigation concerning the Agreement, the prevailing party is entitled to an award for all fees, including reasonable attorneys’ fees, costs, and expenses, including court costs and expenses.
Primo’s Breach of Contract
18Primo made certain payments under the Installment Agreement through approximately December 3, 2024.
19No payments have been received from Primo since December 3, 2024.
20Primo’s failure to make the required monthly installment payments since December 3, 2024 constitutes a default under Section 6(a) and Section 6(b) of the Agreement.
21As a result of Primo’s default, 4 Over suspended Primo’s preferential pricing in accordance with Section 6(a) of the Agreement.
22On December 17, 2025, 4 Over, through its General Counsel, Claire Ambrosio, sent Primo a written demand letter via UPS and email, notifying Primo of its breach of the Installment Agreement and demanding payment of the outstanding balance of $967,257.38 then due and owing.
23The demand letter required Primo to contact 4 Over no later than December 22, 2025 to schedule a conference call to discuss the debt and explore a potential settlement. The demand letter further advised that if Primo failed to comply with the demands or participate in a settlement discussion, 4 Over would promptly proceed with filing a complaint to recover the amounts due.
24Despite receiving the demand letter and adequate notice of default, Primo has failed and refused to make any payments, cure its default, or otherwise satisfy its obligations under the Installment Agreement.
25As of the date of this Complaint, Primo remains in material breach of the Agreement, and the outstanding balance due and owing to 4 Over is not less than $967,257.38, plus any additional amounts that may have accrued.
COUNT I BREACH OF CONTRACT
26Plaintiff re-states, re-alleges, and incorporates the allegations in paragraphs 1 through 25 above as though fully set forth herein.
27The Installment Agreement constitutes a valid and enforceable contract between 4 Over and Primo.
284 Over has fully performed all its obligations under the Installment Agreement, including delivering the products and services giving rise to the Indebtedness and extending the installment payment terms to Primo.
29Primo has materially breached the Installment Agreement by failing to make the required installment payments since December 3, 2024.
304 Over provided Primo with written notice of default on December 17, 2025, and Primo has failed to cure its default within 120 days of such notice or at all.
31As a direct and proximate result of Primo’s breach of the Installment Agreement, 4 Over has suffered damages in an amount not less than $967,257.38, representing the unpaid balance of the Indebtedness, plus any additional amounts that may have accrued.
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Public U.S. federal court record (district court docket 73115089, document 1). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.