Chen et al v. U.S. Bank National Association et al
| Chi Chen, Shuqin Chen, Bingxin Fan, Xiaowen Jin, Chenmin Li, Jinghan Li, Yun Liu, Xiaowen Pan, Xiaoli Song, Bin Xu, Lu Yu, Yanyi Zhao, Wenquan Zhi, Quan Zhou, Pi-Chuan Chang, Pi-Shan Chang, Xiangli Chen, Qiang Guo, Jinsong Huang, Lihua Huang, Jiangang Jiaping, Jinguo Wang, Jie Xiong and Qiang Zhao |
| U.S. Bank National Association, Quartzburg Gold, ISR Capital, Idaho State Regional Center and Sima Muroff |
| 2:2016cv01109 |
| July 11, 2016 |
| US District Court for the Western District of Washington |
| Seattle Office |
| XX US, Outside District |
| Ricardo S Martinez |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
379
ORDER OF DISMISSAL. Plaintiffs Qingbin Bu, Pi-Chuan Chang, Pi-Shan Chang, Chi Chen, Meilan Chen, Shuqin Chen, Xiangli Chen, Yiqin Chen, Weiyi Dai, Xiaoyang Di, Rui Fan, Zhen Fan, Zhe Feng, Jiuyi Geng, Qiang Guo, Yan Guo, Bei Huang, Bing Huang, Ji nsong Huang, Qing Huang, Wenlan Huang, Shuangyan Jia, Zhongjiao Jiang, Xiaowen Jin, Hesheng Lei, Chungfeng Li, Danli Li, Jinghan Li, Ke Li, Qiang Li, Xiankun Li, Xingjun Li, Huaijin Liu, Yun Liu, Zhimeng Liu, Cheng Luo, Yurong Ni, Xiaowen Pan, Teng yao Song, Xiaoli Song, Liping Sun, Shizhu Tang, Manshan Tong, Mingjen, Tsai, Jinguo Wang, Peilin Wu, Yipeng Wu, Jie Xiong, Chen Xuan, Chen Yan, Xiaoshu Yang, Xiuqin Yang, Zhaohui Ye, Lu Yu, Junhong Zhang, Shizhe Zhang, Yanyi Zhao, Zhongmei Zhao, Wen quan Zhi, Quan Zhou, Zhou Dianyi, Jiayin Zhu, and Xiaoyu Zhu's claims against Defendants Quartzburg Gold, LP, ISR Capital, LLC, and Idaho State Regional Center, LLC are dismissed without prejudice and without an award of attorneys' fees or costs to either party. Signed by Judge Ricardo S. Martinez. (PM) cc: Xinkai Li, Yue Gu, and Sima Muroff via US Mail
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Filing
376
ORDER re: Parties' 375 Stipulated Motion. It is ORDERED that all claims and causes of action by Plaintiffs CHEN Xiaobo, FAN Bingxin, HUANG Min, JIANG iaping, LI Chenmin, LI Ming, LI Tieyin, LIU Zhongfa, MAO Rui, QING Yunfeng, SONG Yao, TAN G Hailan, TANG Ling, TAO Ruiping, YIN Xiaolin, YIN Yijun, ZHANG Zhihong, and ZHAO Qiang against U.S. Bank National Association in this action shall be and are hereby dismissed with prejudice, and without fees or costs to any party. No claims by the D ismissing Plaintiffs against parties other than U.S. Bank National Association, and no claims by any plaintiffs other than the Dismissing Plaintiffs, are affected by this Order. Signed by Judge Ricardo S. Martinez. (PM)cc: Xinkai Li, Yue Gu, and Sima Muroff via US Mail
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Filing
373
ORDER re Parties' 372 Stipulated Motion. It is ORDERED that claims of Plaintiffs Xiaobo Chen, Bingxin Fan, Wenlan Huang, Jiaping Jiang, Chenmin Li, Ming Li, Tieyin Li, Zhongfa Liu, Rui Mao, Yunfeng Qing, Yao Song, Hailan Tang, Ling Tang, R uiping Tao, Xiaolin Yin, Yijun Yin, Zhihong Zhang, Qiang Zhao against Defendants Quartzburg Gold, LP, ISR Capital, LLC, and Idaho State Regional Center, LLC are dismissed without prejudice and without an award of attorneys' fees or costs to either party. Signed by Judge Ricardo S. Martinez. (PM) cc: Xinkai Li, Yue Gu, and Sima Muroff via US Mai
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Filing
371
ORDER granting in part Plaintiffs' 285 Motion for Partial Summary Judgment Re: Exculpatory Clause. Signed by Judge Ricardo S. Martinez. (LH)
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Filing
370
ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT. Defendant U.S. Bank's Motion for Summary Judgment, Dkt. # 309 , is DENIED. In ruling on this Motion, the Court did not rely on the sealed exhibit at Dkt. # 327 . The Court therefore finds that the i ssue of sealing that document is moot and it will accordingly remain sealed. Plaintiffs' Motion to Seal, Dkt. # 325 , is DENIED AS MOOT. The Clerk is directed to keep Dkt. # 327 under seal. Plaintiffs' Motion for Partial Summary Judgment, Dkt. # 316 , is DENIED. Signed by Judge Ricardo S. Martinez. (PM) cc: Xinkai Li, Yue Gu, and Sima Muroff via US Mail
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Filing
365
ORDER granting Harris Bricken Sliwoski, LLP's 355 Motion to Withdraw as Counsel. Harris Bricken, and its attorneys Daniel P. Harris, Jihee Ahn, and John McDonald will be noted by the Clerk of the Court as prior counsel for Plaintiff Yin Y ijun, Li Tieyin, Mao Rui, Zhang Zhihong, Liu Zhongfa, Qing Yunfeng, Chen Xiaobo, Tao Ruiping, Tang Hailan, Tang Ling, Zhao Qiang, Li Chenmin, Song Yao, Jiang Jiaping, Li Ming, Huang Min, Fan Bingxin, and Yin Xiaolin. Signed by Judge Ricardo S. Martinez. (PM) cc: Xinkai Li, Yue Gu, and Sima Muroff via US Mail
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Filing
361
ORDER SETTING BELLWETHER TRIAL DATE AND DIRECTING PARTIES TO CONFERENCE WITH ASSIGNED SETTLEMENT JUDGE. The first bellwether trial in this matter is RESET for January 25, 2021 at 9:00 a.m.. The Clerk is directed to issue a new scheduling orde r covering related pretrial deadlines. All remaining parties in this case are to participate in a mandatory settlement conference with a separate assigned judge. The details of this conference will be communicated to the parties by the in-court Deputy Clerk.by Judge Ricardo S. Martinez. (PM) cc: Xinkai Li, Yue Gu, and Sima Muroff via US Mail
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Filing
354
ORDER granting Parties' 351 Stipulated Motion of Dismissal. All claims and causes of action by Plaintiffs LEI Hesheng, LIU Huaijin, WANG Jinguo, and ZHOU Quan against U.S. Bank National Association in this action shall be and are hereby dismissed with prejudice, and without fees or costs to any party. Signed by Judge Ricardo S. Martinez.(PM) cc: Xinkai Li, Yue Gu, and Sima Muroff via US Mail
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Filing
352
ORDER granting Parties' 350 Stipulated Motion of Dismissal. All claims and causes of action by Plaintiffs HUANG Jinsong and LI Ke against U.S. Bank National Association in this action shall be and are hereby dismissed with prejudice, and without fees or costs to any party. Signed by Judge Ricardo S. Martinez. (PM)cc: Xinkai Li, Yue Gu, and Sima Muroff via US Mail
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Filing
349
ORDER granting Parties' 348 Stipulated Motion of Dismissal. All claims and causes of action by Plaintiff FAN Rui against U.S. Bank National Association in this action shall be and are hereby dismissed with prejudice, and without fees or costs to any party. Signed by Judge Ricardo S. Martinez.(LH) (cc to Xinkai Li, Yue Gu, and Sima Muroff via mail on 9/24/2020)
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Filing
347
ORDER granting Parties' 346 Stipulated Motion of Dismissal. All claims and causes of action by Plaintiffs FAN ZHEN, LI XIANKUN, LUO CHENG, and SUN LIPING (collectively, the "Identified Plaintiffs") against U.S. Bank National association in this action shall be and are hereby dismissed with prejudice, and without fees or costs to any party. Signed by Judge Ricardo S. Martinez. (LH)(CC: Xinkai Li, Yue Gu, and Sima Muroff via mail on 9/14/2020)
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Filing
345
ORDER granting Parties' 344 Stipulated Motion of Dismissal with Prejudice. All claims and causes of action by Identified Plaintiffs against U.S. Bank National Association in this action shall be and are hereby dismissed with prejudice, and without fees or costs to any party. Signed by Judge Ricardo S. Martinez.(PM))(CC: Xinkai Li, Yue Gu, and Sima Muroff via mail on 9/9/2020)
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Filing
343
ORDER granting Parties' 342 Stipulated Motion re First Bellwether Trial and Related Deadlines. The first bellwether trial date and pretrial deadlines are hereby STRICKEN. The parties are to immediately inform the Court of settlement or oth erwise file a joint status report no later than 60 days from the date of this Order. Unless the parties demonstrate a strong need for additional time to settle this case, the Court will then set the first bellwether trial for the next available dat e with sufficient time for pretrial motions to be heard. There will be no rulings by this Court before October 19, 2020, on the summary judgment motions currently pending in this case (Dkts. # 285 , # 309 , and # 316 ). Signed by Judge Ricardo S. Martinez. (LH)(CC: Xinkai Li, Yue Gu, and Sima Muroff via mail on 8/20/2020)
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Filing
341
ORDER denying Defendant U.S. Bank's 314 Motion to Dismiss Claims of bellwether plaintiff Rui Mao as a discovery sanction. Signed by Judge Ricardo S. Martinez.(LH) CC: Xinkai Li, Yue Gu, and Sima Muroff via mail on 8/13/2020.
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Filing
340
ORDER re 339 Stipulation: Based upon the foregoing Stipulation, all claims and causes of action by Plaintiffs MAO, Rui and SONG, Tengyao against all Defendants in the above-numbered action, except U.S. Bank National Association, shall be and ar e hereby dismissed with prejudice, and without fees or costs to any party. No claim by these Plaintiffs or any other Plaintiff against U.S. Bank National Association is affected by this Order. Signed by Judge Ricardo S. Martinez. (LH) CC: Xinkai Li, Yue Gu, and Sima Muroff via mail on 8/13/2020.
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Filing
308
ORDER granting attorney Eric Swartz's 304 Motion to Withdraw as Attorney. Attorney Eric B Swartz terminated as counsel for Defendant Sima Muroff. Signed by Judge Ricardo S. Martinez. (PM) cc: Plaintiff via USPS Modified on 6/16/2020: cc to Xinkai Li and Yue Gu via USPS (PM).
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Filing
297
ORDER denying Plaintiff's 285 Motion for Partial Summary Judgment as premature. Plaintiff may renew the Motion at a later dateif appropriate. Signed by Judge Ricardo S. Martinez. (TH)
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Filing
296
ORDER RE: THE PARTIES' BELLWETHER TRIAL PROPOSALS. The Court hereby finds and ORDERS that the parties are to follow the procedure in this order for selecting two bellwether trial plaintiffs. This is to be accomplished no later than seven (7) da ys from the date of this Order. The parties are to subsequently meet-and-confer telephonically and file a joint status report within fourteen (14) days of this Order setting forth their expectations for the bellwether trial procedure. Signed by Judge Ricardo S. Martinez. (PM) cc to Plaintiffs Xinkai Li and Yue Gu via USPS
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Filing
283
ORDER re: 281 Stipulated Motion of Dismissal Against U.S. Bank. All claims and causes of action by Plaintiffs Plaintiffs Lihua Huang, Bin Xu, Zhisheng Yuan, Xinyuan Mu, Haitao Xu, Zhicui Shan, Lei Wang, Yanhang Shen, Zhijun Wu, and Min Guo against U.S. Bank National Association in this action shall be and are hereby dismissed with prejudice, and without fees or costs to any party. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
279
ORDER re Plaintiff Yan Chen and Defendant U.S. Bank National Association's 278 Stipulated Motion of Dismissal. All claims and causes of action by Plaintiff YAN Chen against U.S. Bank National Association in this action are dismissed with prejudice. No claims by Plaintiff YAN Chen against parties other than U.S. Bank National Association, and no claims by any Plaintiffs other than YAN Chen, are affected by this Order. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
274
ORDER granting counsel's 272 Motion to Withdraw as Attorney. It is ordered that Attorney Thomas Matthew Brennan shall withdraw as local counsel for Defendant Sima Muroff. Muroff shall diligently work to retain local counsel within 21 days of the date of entry of this order, or update the Court in writing, through pro hac vice counsel, as to the status of efforts to do so. Signed by Judge Ricardo S. Martinez.(PM) Modified on 4/24/2020: : copy sent to Xinkai Li via USPS (PM).
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Filing
249
ORDER denying Plaintiff Yu's 202 Motion for Partial Summary Judgment and granting Plaintiff Yu's 241 Motion to Seal. Dkts. # 245 and # 246 shall remain under seal. Signed by Judge Ricardo S. Martinez. (TH)
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Filing
238
ORDER RE: ORDER TO SHOW CAUSE 211 . The Court has reviewed the submitted declarations and finds dismissal to be an inappropriate sanction under the applicable standard. Signed by Judge Ricardo S. Martinez. (PM) cc: pro se plaintiffs via USPS
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Filing
220
ORDER granting Defendant U.S. Bank National Association's 213 Motion for Attorney Fees. All Plaintiffs collectively shall pay U.S. Bank $49,357.80 as reasonable expenses. Payment shall be made within thirty (30) days of the date of this Order, in amanner to be specified by U.S. Bank. Signed by Judge Ricardo S. Martinez. (TH)
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Filing
212
ORDER granting Harris Bricken McVay Sliwoski, LLP's 187 Motion to Withdraw as Counsel for Plaintiff Yue Gu. Harris Bricken, and its attorneys Daniel P. Harris, William R. Kiendl, Sara Xia, and Jihee Ahn will be noted by the Clerk of the Court as prior counsel for Plaintiff Gu. Signed by Judge Ricardo S. Martinez. (PM) cc: Plaintiffs Yue Gu and Xinkai Li via USPS
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Filing
211
ORDER granting in part Defendant U.S. Bank's 169 MOTION to Compel Full Compliance With Court's Discovery Order. Defendant U.S. Bank is to send to Plaintiffs' counsel a revised list of Non-Compliant Plaintiffs no later than seven (7) days from the date of this Order. Remaining Non-Complaint Plaintiffs must then SHOW CAUSE to the Court why their claims against U.S. Bank should not be dismissed as a discovery sanction. This brief and attached declarations are due no later than thirty (30) days from the date of this Order. Defendant U.S. Bank's Motion for Leave to File Supplemental Brief (Dkt. # 201 ) is DENIED as MOOT. Signed by Judge Ricardo S. Martinez. (PM) Modified on 12/19/2019: copy sent to Xinkai Li via USPS (PM).
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Filing
210
ORDER re: parties' 209 Stipulated Motion to Re-Note Motion and Modify Briefing Schedule re: Plaintiffs' 205 MOTION for Partial Summary Judgment re Unenforceability of Exculpatory Clause. The 205 MOTION for Partial Summary Jud gment re Unenforceability of Exculpatory Clause is RE-NOTED for 2/7/2020; Defendant U.S. Bank's response to Plaintiffs' Motion shall be due on 1/27/2020; and Plaintiff's reply to its Motion shall be due 2/3/2020. Signed by Judge Ricardo S. Martinez.(PM)
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Filing
199
ORDER denying Plaintiff Yue Gu's 189 Motion for Relief from Deadline; granting Defendant U.S. Bank's 167 Motion to Dismiss all Claims against U.S. Bank by Plaintiff Yue Gu. All claims against U.S. Bank by Plaintiff Yue Gu are DISMISSED with prejudice. Signed by Judge Ricardo S. Martinez. (PM) Modified on 11/1/2019: cc to Xinkai Li via first class mail (PM).
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Filing
175
ORDER granting Defendant U.S. Bank National Association's 162 Motion to Dismiss Claims Alleged Against U.S. Bank by Plaintiff Xinkai Li. All claims alleged against U.S. Bank National Association by Plaintiff Xinkai Li are hereby DISMISSED with prejudice, and without an award of fees or costs to any party. Signed by Judge Ricardo S. Martinez. (PM) Modified on 10/21/2019: cc Xinkai Li via USPS (PM).
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Filing
160
ORDER granting Plaintiffs' 156 Motion to Withdraw as Attorney. Attorneys William R Kiendl, Sara Xia, Jihee Ahn and Daniel P Harris terminated for Plaintiff Xinkai Li. Signed by Judge Ricardo S. Martinez. (PM) cc: Xinkai Li via USPS
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Filing
154
ORDER granting in part Defendant U.S. Bank National Association's 149 Motion for Fee Award. Plaintiffs shall pay Defendant U.S. Bank $24,540.60 in attorney's fees within forty (40) days of this Order, and file notice with the Court that payment has been made. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
147
ORDER granting Defendant U.S. Bank National Association's 135 Motion to Compel. No later than 31 days from the date of this Order, Plaintiffs' counsel shall file a representation with the Court, detailing Plaintiffs' compliance w ith this Order on a plaintiff-by-plaintiff basis and identifying any remaining issues with discovery. U.S. Bank may file a motion and declaration detailing its reasonable expenses incurred in bringing this Motion to be filed no later than 10 days after this Order. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
113
STIPULATION AND ORDER UNDER FEDERAL RULE OF EVIDENCE 502(D) signed by Judge Ricardo S. Martinez. (PM)
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Filing
102
JOINT STATUS REPORT AND STIPULATED MOTION AND ORDER TO EXTEND STAY re: 101 Stipulated Motion. The Parties are directed to submit a further joint status report, together with a proposed case schedule, if appropriate, within ninety (90) days of the date of this Order. Signed by Judge Ricardo S Martinez. (PM)
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Filing
98
STIPULATION AND ORDER granting leave for withdrawal and substitution of counsel. Attorneys Thomas Matthew Brennan and Eric B Swartz are withdrawing and Attorneys Sean C Knowles, Austin Rice-Stitt and Sean T. Prosser (pro hac vice pending) are substituted for Defendants Quartzburg Gold, LP, ISR Capital, LLC and Idaho State Regional Center. Signed by Judge Ricardo S Martinez. (PM)
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Filing
96
JOINT STATUS REPORT AND STIPULATED MOTION AND ORDER TO STRIKE CASE SCHEDULE AND TRIAL DATE re parties' 95 Joint Stipulated MOTION. PURSUANT TO STIPULATION, IT IS SO ORDERED. The case schedule and trial date n this case are hereby stricken. The Parties are directed to submit a further joint status report together with a proposed case schedule within ninety (90) days of the date of this Order. Signed by Judge Ricardo S Martinez. (TH)
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Filing
93
ORDER granting plaintiff Bin Xu's 92 Motion to Substitute and Withdraw Attorneys signed by Judge Ricardo S Martinez.(RS)
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Filing
87
STIPULATED PROTECTIVE ORDER by Judge Ricardo S Martinez. (PM)
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Filing
66
ORDER granting defendant U.S. Bank's 24 Motion to Dismiss by Judge Ricardo S Martinez.(RS)
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