ITN Holdings Ltd. v. Dai Wei
| ITN Holdings Ltd., a British Virgin Islands Company and ITN Holdings, Ltd. |
| Dai Wei |
| 2:2019cv09483 |
| November 4, 2019 |
| US District Court for the Central District of California |
| Patrick J Walsh |
| George H Wu |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0009 Petition to Confirm Arbitration Award |
| None |
Docket Report
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| Filing 59 MINUTES OF TELEPHONIC CONFERENCE held before Judge George H. Wu. For reasons stated on the record, the Court administratively closes this action based on the bankruptcy action. The Court will retain jurisdiction to entertain post bankruptcy matters if necessary. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 58 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 03/29/2021 status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 57 STATUS REPORT RE BANKRUPTCY filed by Petitioner ITN Holdings, Ltd., Respondent Dai Wei. (Sheldon, Bryan) |
| Filing 56 MINUTES OF TELEPHONIC CONFERENCE held before Judge George H. Wu. For reasons stated on the record, the status conference is continued to March 29, 2021 at 8:30 a.m. The parties are to file a joint status report re bankruptcy by noon on March 24, 2021. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 55 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 12/17/2020 status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 54 STATUS REPORT (Joint) Status Report filed by Petitioner ITN Holdings, Ltd.. (Su, Alexander) |
| Filing 53 MINUTES OF TELEPHONIC CONFERENCE ON MOTION FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD FOR RESPONDENT / JUDGMENT DEBTOR DAI WEI #35 Hearing held before Judge George H. Wu. For reasons stated on the record, the Court stays this action based on the Notice of Bankruptcy filed on September 25, 2020. A status conference is set for December 17, 2020 at 8:30 a.m., with a joint status report to be filed by noon on December 14, 2020. Case stayed. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 52 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for tomorrow's motion hearing at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 51 STATUS REPORT filed by Petitioner ITN Holdings, Ltd.. (Su, Alexander) |
| Filing 50 NOTICE of Bankruptcy and Automatic Stay filed by Judgment Debtor Dai Wei. (Sutton, Charles) |
| Filing 49 MINUTES OF TELEPHONIC CONFERENCE ON MOTION FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD FOR RESPONDENT/JUDGMENT DEBTOR DAI WEI #35 Hearing held before Judge George H. Wu: Court and counsel confer. For reasons stated on the record, the motion is continued to October 1, 2020 at 8:30 a.m., with a joint status report to be filed by noon on September 29, 2020. Court Reporter: Terri A. Hourigan. (bm) |
| Filing 48 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu; Counsel are to appear telephonically for tomorrow's motion hearing at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 47 STATUS REPORT filed by Petitioner ITN Holdings, Ltd.. (Su, Alexander) |
| Filing 46 MINUTES OF TELEPHONIC CONFERENCE ON MOTION FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD FOR RESPONDENT/JUDGMENT DEBTOR DAI WEI #35 held before Judge George H. Wu. For reasons stated on the record, the motion is continued to September 10, 2020 at 8:30 a.m., with a joint status report or dismissal to be filed by noon on September 8, 2020. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 45 NOTICE of Change of other firm name or address information by Charles R Sutton attorney for Respondent Dai Wei. Changing Email address of Roger Hsu. Filed by Respondent Dai Wei. (Sutton, Charles) |
| Filing 44 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu; Counsel are to appear telephonically for tomorrow's motion hearing at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 43 MINUTES OF Status Conference on Petitioner's Application to Compel Discovery held before Magistrate Judge Patrick J. Walsh: The case was called and appearances were made (all via telephone). Respondent/Judgment Debtor Dai Wei also appeared, as did a certified Mandarin interpreter. Counsel informed the Court that Mr. Dai has produced documents in response to Petitioner's requests. Accordingly, the Court finds that there is no need to intervene or impose sanctions at this time. Court Reporter: AT&T 8/6/20. (es) |
| Filing 42 Text Only Entry Minute Order mailed to the respondent's residence #41 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY |
| Filing 41 MINUTES OF Petitioner's Application to Compel Discovery;Order to Show Cause Why Respondent Dai Wei Should not be Held in Contempt of Court before Magistrate Judge Patrick J. Walsh. On Thursday July 30, 2020 at 1:30 p.m., the case was called and appearances were made (all viatelephone). Respondent Dai Wei is ordered to respond to all outstanding discovery requests and produce all outstanding discovery no later than Wednesday 8/5/2020 at 5PM.. To the extent that Dai Wei had any objections to the discovery, they are waived because he failed to raise them on time. On Thursday August 6 at 1:30 p.m., the Court will hold a hearing on the telephone. Dai Wei and his counsel are ordered to appear. Court will hold him in contempt and sanction him. Sanctions will begin with a fine and graduate to incarceration until he produces the documents and responses to the interrogatories. [See document for further details.) Court Reporter: AT and T 7/30/2020. (et) |
| Filing 40 SCHEDULING NOTICE TEXT ONLY-IN CHAMBERS by Magistrate Judge Patrick J. Walsh Telephone Conference set for 7/30/2020 at 1:30 PM before Magistrate Judge Patrick J. Walsh. Call-in information emailed to the parties.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY |
| Filing 39 PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution - Issued #34 , returned executed upon Dai Wei on 7/8/2020 (East West Bank). Remarks: Mailed on 7/14/2020. (mrgo) |
| Filing 38 PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution - Issued #34 , returned executed upon Dai Wei on 7/8/2020 (Bank of the West). Remarks: Mailed on 7/14/2020. (mrgo) |
| Filing 37 PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution - Issued #34 , returned executed upon Dai Wei on 7/8/2020 (Chase Bank). Remarks: Mailed on 7/14/2020. (mrgo) |
| Filing 36 PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution - Issued #34 , returned executed upon Dai Wei on 7/8/2020. Remarks: Mailed on 7/14/2020. (mrgo) |
| Filing 35 NOTICE OF MOTION AND MOTION of Law Offices of Roger C. Hsu to Withdraw as Attorney filed by Judgment Debtor Dai Wei. Motion set for hearing on 8/13/2020 at 08:30 AM before Judge George H. Wu. (Sutton, Charles) |
| Filing 34 Writ of Execution issued against Dai Wei; re: Affidavit and Request for Issuance of Writ of Execution #32 . (lom) |
Filing 33
RESTRAINING ORDER PER STIPULATION AGAINST DAI WEI #30 by Judge George H. Wu:1. The deadline for Judgment Debtor Dai Weis responses to ITNs post judgment Requests for Production, Set 1, and Interrogatories, Set 1 are extended to July 6, 2020; 2. Through and including that date, Dai is hereby restrained from making any payment or transferring any asset exceeding $25,000 in value. Should Dai need to transfer any asset exceeding $25,000 in value, he will meet-and-confer in good faith with ITN first, prior to seeking the Courts assistance. (lc)
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| Filing 32 Affidavit and Request for Issuance of Writ of Execution filed by Petitioner ITN Holdings, Ltd.. (Attachments: #1 Proposed Writ of Execution)(Su, Alexander) |
| Filing 31 ORIGINAL WRIT of Execution issued 5/18/20 Returned (lc) |
| Filing 30 Joint Stipulation RE: Restraining Order against Judgment Debtor Dai Wei filed by Petitioner ITN Holdings, Ltd. (Attachments: #1 Proposed Order)(Su, Alexander) |
| Filing 29 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: Original, unexecuted writ of execution must be returned to the clerk prior to the issuance of a successive writ if 180 days have not elapsed since the issuance of the original writ. (lom) |
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Filing 28
ORDER RE REQUEST FOR SPECIAL APPOINTMENT TO SERVE PROCESS #25 by Judge George H. Wu. IT IS HEREBY ORDERED THAT ITN's request is granted and All-N-One Legal Support is appointed to serve any Writs of Execution in this action. (lom)
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| Filing 27 Affidavit and Request for Issuance of Writ of Execution re: Judgment,,, #20 filed by Petitioner ITN Holdings, Ltd.. (Attachments: #1 [Proposed] Writ of Execution)(Su, Alexander) |
| Filing 26 NOTICE OF ERRATA filed by Petitioner ITN Holdings, Ltd.. correcting Affidavit and Request for Issuance of Writ of Execution #23 and Proposed Writ of Execution [23-1] (Su, Alexander) |
| Filing 25 REQUEST FOR SPECIAL APPOINTMENT TO SERVE PROCESS filed by Petitioner ITN Holdings, Ltd. re: Writ of Execution - Issued #24 (Attachments: #1 Proposed Order (Exhibit A))(Su, Alexander) |
| Filing 24 Writ of Execution issued against Dai Wei re: Affidavit and Request for Issuance of Writ of Execution #23 . (mrgo) |
| Filing 23 Affidavit and Request for Issuance of Writ of Execution re: Judgment,,, #20 filed by Petitioner ITN Holdings, Ltd.. (Attachments: #1 Proposed Writ of Execution)(Su, Alexander) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander Su counsel for Petitioner ITN Holdings, Ltd.. Adding Alexander Su as counsel of record for ITN HOLDINGS LTD. for the reason indicated in the G-123 Notice. Filed by Petitioner ITN HOLDINGS LTD.. (Attorney Alexander Su added to party ITN Holdings, Ltd.(pty:pet))(Su, Alexander) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Bryan King Sheldon counsel for Petitioner ITN Holdings, Ltd.. Adding Bryan King Sheldon as counsel of record for ITN HOLDINGS LTD. for the reason indicated in the G-123 Notice. Filed by Petitioner ITN HOLDINGS LTD.. (Attorney Bryan King Sheldon added to party ITN Holdings, Ltd.(pty:pet))(Sheldon, Bryan) |
| Filing 20 JUDGMENT UPON PETITION TO CONFIRM ARBITRAL AWARD AND FOR ENTRY OF JUDGMENT by Judge George H. Wu, Related to: Motion Hearing, #19 . It is hereby ADJUDGED, ORDERED, and DECREED THAT: 1. Pursuant to 9 U.S.C. 201 et seq., the Arbitral Award, issued on April 6, 2017, in ITN Holdings Limited et al. v. Dai Wei et al., (2017) Jing Zhong Cai Zi No. 0502, of the Beijing Arbitration Commission, is hereby CONFIRMED in favor of Petitioner ITN HOLDINGS LTD. 2. In conformity with the confirmed Arbitral Award and the Court's Order Granting Petition to Confirm Arbitral Award and for Entry of Judgment, judgment is entered in favor of Petitioner ITN Holdings Ltd. and against Respondent Dai Wei in the sum of 57,425,451.70 RMB, corresponding to US $8,269,265.05, with additional interest of 8,534.33 RMB, corresponding to US $1,228.94, per day from February 3, 2020 until full payment is made. (MD JS-6, Case Terminated). (mrgo) |
| Filing 19 MINUTES OF THE PETITION TO CONFIRM ARBITRAL AWARD AND FOR ENTRY OF JUDGMENT #1 Hearing held before Judge George H. Wu. The Tentative circulated and attached hereto, is adopted as the Court's Final Ruling. The Petition is GRANTED. Order to issue. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 18 NOTICE of Updated Proposed Order and Judgment Confirming Arbitral Award filed by Petitioner ITN Holdings, Ltd.. (Kim, Grant) |
| Filing 17 REPLY filed by Petitioner ITN Holdings, Ltd. to MISC - Other Miscellaneous Case,, #1 IN SUPPORT OF PETITION TO CONFIRM ARBITRAL AWARD AND FOR ENTRY OF JUDGMENT (Kim, Grant) |
| Filing 16 OPPOSITION To Petition to Confirm Arbitral Award filed by Respondent Dai Wei. (Attorney Charles R Sutton added to party Dai Wei(pty:res))(Sutton, Charles) |
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Filing 15
MINUTE ORDER IN CHAMBERS - TRANSFER OF CASE TO JUDGE WU by Judge George H. Wu. This action has been reassigned to the HONORABLE GEORGE H. WU, United States District Judge. The magistrate judge's initials remain the same. Please substitute the initials GW in place of the initials CAS. The case number will now read: CV 19-9483-GW-PJWx. As documents are routed using the judge's initials, it is important to use the correct initials on all subsequent filings. Judge Wu's Courtroom Deputy Clerk, Javier Gonzalez, can be reached at javier_gonzalez@cacd.uscourts.gov. The Petition to Confirm Arbitral Award and for Entry of Judgment #1 , will remain on calendar for February 3, 2020. However, the time to appear is advanced from 10:00 a.m. to 8:30 a.m. (mrgo)
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| Filing 14 PROOF OF SERVICE Executed by Plaintiff ITN Holdings, Ltd., upon Defendant Dai Wei served on 12/18/2019, answer due 1/8/2020. Service of the Summons and Complaint were executed upon Dai Wei, Respondent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Kim, Grant) |
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Filing 13
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge George H. Wu for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-09483 GW(PJWx). (rn)
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Filing 12
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Christina A. Snyder for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-09483 CAS(PJWx). (rn)
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Filing 11
ORDER GRANTING CONTINUANCE OF HEARING ON PETITION TO CONFIRM ARBITRAL AWARD AND FOR ENTRY OF JUDGMENT by Judge Dean D. Pregerson. IT IS HEREBY ORDERED that the Petitioners Application For Continuance of Hearing For Petition to Confirm Arbitral Award and for Entry of Judgment is granted. The hearing is continued until February 3, 2020 at 10 a.m. If Petitioner is able to effect service and provide Respondent with adequate time to respond, Petitioner may serve a notice of hearing at an earlier date. (shb)
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| Filing 10 APPLICATION to Continue Hearing from December 2, 2019 to February 2, 2020 filed by Petitioner ITN Holdings, Ltd.. Application set for hearing on 12/2/2019 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order Proposed Order) (Kim, Grant) |
| Filing 9 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition Confirm #1 . The following error(s) was found: The Civil Cover Sheet is attached to the Petition. It should have been filed and entered separately under its proper event. You are not required to take any action to correct this deficiency unless the Court so directs. (et) |
| Filing 8 NOTICE OF HEARING on PETITION TO CONFIRM ARBITRAL AWARD AND FOR ENTRY OF JUDGMENT by Clerk of Court. Counsel is hereby notified that the MISC - Other Miscellaneous Case #1 is set for hearing. Petition set for hearing on 12/2/2019 at 10:00 AM before Judge Dean D. Pregerson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (et) TEXT ONLY ENTRY |
| Filing 7 21 DAY Summons Issued re PETITION TO CONFIRM ARBITRAL AWARD AND FOR ENTRY OF JUDGMENT #1 as to Respondent Dai Wei. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Patrick J. Walsh. (et) |
| Filing 4 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: MISC - Other Miscellaneous Case #1 . The following error(s) was found: The full filing fee for civil case is $400.00. Please pay the balance owed. The filing fee may be paid online by docketing the event Pay Filing Fee. (et) |
| FILING FEE PAID for new civil case. Receipt No. 0973-24736549 for $400 filing fee. (Kim, Grant) |
| Filing 3 Request for Clerk to Issue Summons on MISC - Other Miscellaneous Case,, #1 , Disclosure #2 filed by Petitioner ITN Holdings Ltd., a British Virgin Islands Company. (Kim, Grant) |
| Filing 2 DISCLOSURE of ITN HOLDINGS DISCLOSURES STATEMENT re MISC - Other Miscellaneous Case,, #1 filed by Movant ITN Holdings Ltd., a British Virgin Islands Company (Kim, Grant) |
| Filing 1 PETITION TO CONFIRM ARBITRAL AWARD AND FOR ENTRY OF JUDGMENT Receipt No: 0973-24723176 - Fee: $47, filed by Petitioner ITN Holdings Ltd., a British Virgin Islands Company. (Attachments: #1 Declaration OF XIA GUORONG IN SUPPORT OF PETITION TO CONFIRM ARBITRAL AWARD AND FOR ENTRY OF JUDGMENT, #2 Civil Cover Sheet, #3 Declaration DECLARATION OF SHRIKUMAR NAIR ISO PETITION TO CONFIRM ARBITRAL AWARD AND FOR ENTRY OF JUDGMENT, #4 Exhibit DECLARATION OF SHRIKUMAR NAIR ISO PETITION TO CONFIRM ARBITRAL AWARD AND FOR ENTRY OF JUDGMENT EXHIBITS, #5 Proposed Order PROPOSED ORDER, #6 Proposed Order PROPOSED JUDGMENT) (Attorney Grant L Kim added to party ITN Holdings Ltd., a British Virgin Islands Company(pty:bkmov))(Kim, Grant) |
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