Prince et al v. The Government of the People's Republic of China et al
Leslie F. Prince and Prince Services International Inc. |
The Government of the People's Republic of China, Institute of Architecture, Design and Reseach ADCAS, Geshan Construction Group Co. Ltd, Gungsha International Construction Company, Yefang Construction Private Limited, Ethiopian Airlines, BDMA Engineering PLC, Yifi He, Gang Xiao, Yiming He, Wan Wei, Girma Wake and Balehager Ayalew |
1:2013cv02106 |
March 29, 2013 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Thomas P. Griesa |
Other Fraud |
28 U.S.C. ยง 1332 bc Diversity-Breach of Contract |
Plaintiff |
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Filing 85 ORDER TO SHOW CAUSE: For the reasons stated above, the Court finds that it lacks subject matter jurisdiction over non-appearing Defendant China and personal jurisdiction over the non-appearing Foreign Defendants, and the claims against them must b e dismissed. In light of Plaintiff's pro se status, however, the Court offers an opportunity to be heard. Accordingly, it is hereby ORDERED that by June 5, 2019, Plaintiff shall show cause in writing why this action should not be dismissed f or lack of jurisdiction. If Plaintiff fails to respond within the time allowed, or fails to show good cause, the Court shall dismiss this action. The Clerk of Court is directed to mail a copy of this order to Plaintiff pro se. (As further set forth in this Order.) Institute of Architecture, Design and Reseach ADCAS, The Government of the People's Republic of China, Yefang Construction Private Limited, Geshan Construction Group Co. Ltd and Gungsha International Construction Company terminated. (Signed by Judge Analisa Torres on 5/15/2019) (cf) Transmission to Docket Assistant Clerk for processing. |
Filing 67 OPINION re: 63 MOTION for Default Judgment as to filed by Leslie F. Prince: For the reasons provided above, the court denies plaintiff's motion for default judgment and certifies the claims that were dismissed in the March 31, 2014 d ecision. First, plaintiff has failed to make a satisfactory showing of his asserted claim for $34 million against the Government of the People's Republic of China under the heightened standard for default against foreign sovereigns under th e Foreign Sovereign Immunities Act. Second, plaintiff has not met his burden of establishing his entitlement to default judgment against the remaining defendants because he has failed to demonstrate they were adequately served with process. Finally, the court certifies plaintiff's previously dismissed claims against defendants Ethiopian Airlines and its CEO Girma Wake as final judgments pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Thomas P. Griesa on 10/25/2017) (jwh) |
Filing 30 OPINION. Defendants' motion to dismiss is granted. Prince's request that this court enter a default judgment against China is denied. This opinion resolves the motions listed as item numbers 18, 21, and 24 on the docket. So ordered. Re: 24 MOTION for Default Judgment filed by Leslie F. Prince, 18 MOTION to Dismiss filed by Ethiopian Airlines, 21 MOTION to Dismiss filed by Girma Wake. (Signed by Judge Thomas P. Griesa on 3/31/2014) (rjm) |
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