Kim et al v. Yoo et al
| Tae H. Kim, Young M. Choi, Dong M. Ju, Hong S. Kim, Yoon C. Kim, Chul G. Park, Jin H. Park, Eutemio Morales, Zhe Y. Shen, Jong H. Song and R. Julian Ventura |
| Ji Sung Yoo, Sandra Yoo, Samuel D. Yoo and Carolyn Yoo |
| 1:2015cv03110 |
| April 21, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Robert W. Sweet |
| Other Statutory Actions |
| 28 U.S.C. ยง 1367 |
| None |
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Filing
152
OPINION: re: 145 MOTION to Enforce Judgment . filed by Zhe Y. Shen, Young M. Choi, Tae H. Kim, Jin H. Park, Eutemio Morales, Jong H. Song, Hong S. Kim, Dong M. Ju, R. Julian Ventura, Chul G. Park, Yoon C. Kim, 138 MOTION for Attorney Fees . filed by Zhe Y. Shen, Young M. Choi, Tae H. Kim, Jin H. Park, Eutemio Morales, Jong H. Song, Hong S. Kim, Dong M. Ju, R. Julian Ventura, Chul G. Park, Yoon C. Kim, 142 FIRST MOTION for Attorney Fees by Plaintiffs Counsel Jackson CHIN. filed by Eutemio Morales, R. Julian Ventura. The Plaintiffs have moved for an award of attorneys' fees in this action. The motion was opposed and heard and marked fully submitted on July 11, 2018. The Plaintiffs have also moved for an order seeking compliance with the judgment entered May 17, 2018 which was opposed and heard and marked fully submitted on August 1, 2018. Both motions are granted as set forth below. The fees of Kenneth Kimerling, Esq. in the amount of $83,997 are granted. The fees of Jackson Chin in the amount of $50,490 are granted. The fees of Shearman and Sterling in the amount of $130,140 are granted as consistent with the rate earlier determined by the Honorable Michael H. Dolinger, United States Magistrate. Costs and disbursements in the sum of $25,983.07 are The motion to enforce the judgment pursuant to Rule 70(a), F.R.Civ.P. is granted. By March 1, 2019, Defendants shall restore the Condo (325 Fifth Avenue, Unit 38 E, New York, NY 1001 6, Block 862, Lot 1518) to the tenancy in common of Ji Sung Yoo and Carolyn Yoo. By March 1, 2018, Defendants shall restore the Home 52-32 Leith Place, Little Neck, New York, 11362, Block 8251, Lot 55) to the joint tenanc y in the entirety of Ji Sung Yoo and Sandra Yoo. By March 1, 2019, Defendant shall restore the Brooklyn Property (1507 Avenue U, Brooklyn, NY 11229, Block 7320, Lot 46) to the sole ownership of Ji Sung Yoo. It is so ordered. (Signed by Judge Robert W. Sweet on 1/29/2019) (js) Modified on 1/30/2019 (js).
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Filing
131
OPINION AND ORDER: Based on the findings of fact and conclusions of law set forth above, Ji Sung's interests in the Condo, Home, and Brooklyn Property were fraudulently conveyed and must be set aside. Plaintiffs are also entitled to a money judg ment as against Sandra as necessary to satisfy the mortgages taken out on the Home and Brooklyn Property. Plaintiffs are also awarded attorneys' fees as against Ji Sung and Sandra in connection with the intentionally fraudulent conveyances of th e Home and Brooklyn Property. The parties are instructed to confer and submit judgment on notice. In conjunction with the proposed judgment, Plaintiffs are to submit their fee application along with supporting documentation. Defendants may submit any objections to the fee application within fourteen days of Plaintiffs' application. Upon determination of the amount of attorneys' fees, this Court will enter judgment consistent with this Opinion and Order. It is so ordered. (Signed by Judge Robert W. Sweet on 4/17/2018) (js)
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Filing
104
OPINION: For the foregoing reasons, Defendants' motions for summary judgment, declaratory judgment, and in limine exclusion of document are denied, and as further set forth in this order. Motions terminated: 85 MOTION for Summary Judgment, filed by Sandra Yoo, Carolyn Yoo, Samuel D. Yoo, Ji Sung Yoo. (Signed by Judge Robert W. Sweet on 9/29/2017) (ap)
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Filing
57
OPINION. In view of the Court's ancillary jurisdiction, the Defendants' motion to dismiss is denied. It is so ordered. re: 35 FIRST MOTION to Dismiss Corrected Notice of Motion filed by Sandra Yoo, Carolyn Yoo, Samuel D. Yoo, Ji Sung Yoo. (Signed by Judge Robert W. Sweet on 1/19/2016) (rjm)
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