Lendlease US Construction Inc. v. China Oceanwide Holdings Limited
| LENDLEASE (US) CONSTRUCTION INC. and Lendlease US Construction Inc. |
| CHINA OCEANWIDE HOLDINGS LIMITED |
| 2:2020cv10738 |
| November 24, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| John A Kronstadt |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0009 |
| None |
Docket Report
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This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.
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Filing 38
ORDER GRANTING PETITIONER LENDLEASE (US) CONSTRUCTION INC.'S REQUEST FOR CONTINUANCE OF HEARING RE JUDGMENT #37 by Magistrate Judge Maria A. Audero: *NOTE REVISION BY THE COURT.* 1. The Judgment Debtor Examination as to China Oceanwide is hereby continued to November 23, 2021 at 10:00 a.m. 2. Lendlease is ORDERED to serve a copy of this order on China Oceanwide forthwith. (es)
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| Filing 37 REQUEST to Continue Hearing as to Judgment Debtor Examination re China Oceanwide Holdings Ltd. from October 1, 2021 to November 23, 2021 Re: Order #32 filed by Petitioner Lendlease US Construction Inc.. (Attachments: #1 Proposed Order) (Gold, Oliver) |
| Filing 36 SCHEDULING NOTICE - IN CHAMBERS by Magistrate Judge Maria A. Audero: The judgment debtor examination #33 previously scheduled for 10/08/21 at 10:00 am has been rescheduled to 10/28/2021 at 10:00 AM before Magistrate Judge Maria A. Audero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY |
| Filing 35 PROOF OF SERVICE filed by Petitioner Lendlease US Construction Inc., re APPLICATION for Judgment Debtor Exam as to Oceanwide Plaza LLC #28 , APPLICATION for Judgment Debtor Exam as to China Oceanwide Holdings Limited #29 , Declaration (Motion related), #30 (Proof of Service as to China Oceanwide Limited.) served on August 24, 2021. (Gold, Oliver) |
| Filing 34 PROOF OF SERVICE filed by Petitioner Lendlease US Construction Inc., re APPLICATION for Judgment Debtor Exam as to Oceanwide Plaza LLC #28 , APPLICATION for Judgment Debtor Exam as to China Oceanwide Holdings Limited #29 , Declaration (Motion related), #30 (Personal Service as to Oceanwide Plaza LLC) served on August 24, 2021. (Gold, Oliver) |
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Filing 33
ORDER by Magistrate Judge Maria A. Audero: Granting #28 APPLICATION for Judgment Debtor Exam. Judgment Debtor Exam set for 10/8/2021 at 10:00 AM before Magistrate Judge Maria A. Audero. (es)
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Filing 32
AMENDED ORDER #31 by Magistrate Judge Maria A. Audero: Granting #29 APPLICATION for Judgment Debtor Exam. Judgment Debtor Exam set for 10/1/2021 at 10:00 AM before Magistrate Judge Maria A. Audero. (es)
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Filing 31
ORDER by Magistrate Judge Maria A. Audero: Granting #29 APPLICATION for Judgment Debtor Exam. Judgment Debtor Exam set for 10/1/2021 at 10:00 AM before Magistrate Judge Maria A. Audero. (es)
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| Filing 30 DECLARATION of Oliver M. Gold in Support of APPLICATION for Judgment Debtor Exam as to Oceanwide Plaza LLC #28 , APPLICATION for Judgment Debtor Exam as to China Oceanwide Holdings Limited #29 filed by Petitioner Lendlease US Construction Inc.. (Gold, Oliver) |
| Filing 29 APPLICATION for Judgment Debtor Exam as to China Oceanwide Holdings Limited filed by Petitioner Lendlease US Construction Inc.. Application set for hearing on 9/28/2021 at 10:00 AM before Magistrate Judge Maria A. Audero. (Attachments: #1 Proposed Order) (Gold, Oliver) |
| Filing 28 APPLICATION for Judgment Debtor Exam as to Oceanwide Plaza LLC filed by Petitioner Lendlease US Construction Inc.. Application set for hearing on 9/28/2021 at 10:00 AM before Magistrate Judge Maria A. Audero. (Attachments: #1 Proposed Order) (Gold, Oliver) |
| Filing 27 NOTICE of Withdrawal of Docket Nos. 24, 25, and 26 filed by Petitioner Lendlease US Construction Inc.. (Gold, Oliver) |
| Filing 26 [WITHDRAWN PER DOCKET ENTRY NO. #27 ] - DECLARATION of Oliver M. Gold in support of APPLICATION to Enforce Judgment as to Oceanwide Plaza LLC, #24 , APPLICATION to Enforce Judgment as to China Oceanwide Holdings Limited, #25 filed by Petitioner Lendlease US Construction Inc.. (Gold, Oliver) Modified on 8/23/2021 (jp). |
| Filing 25 [WITHDRAWN PER DOCKET ENTRY NO. #27 ] - APPLICATION to Enforce Judgment as to China Oceanwide Holdings Limited, filed by Petitioner Lendlease US Construction Inc.. Application set for hearing on 8/24/2021 at 10:00 AM before Magistrate Judge Maria A. Audero. (Attachments: #1 Proposed Order) (Gold, Oliver) Modified on 8/23/2021 (jp). |
| Filing 24 [WITHDRAWN PER DOCKET ENTRY NO. #27 ] - APPLICATION to Enforce Judgment as to Oceanwide Plaza LLC, filed by Petitioner Lendlease US Construction Inc.. Application set for hearing on 8/24/2021 at 10:00 AM before Magistrate Judge Maria A. Audero. (Attachments: #1 Proposed Order) (Gold, Oliver) Modified on 8/23/2021 (jp). |
| Filing 23 JUDGMENT #21 #22 by Judge John A. Kronstadt. Judgment is entered in favor of Lendlease (US) Construction Inc. ("Lendlease") and against China Oceanwide Holdings Limited ("China Oceanwide") in the amount of $42,657,373.95, which is comprised of: A. The principal amount of $38,440,000.00; B. Pre-judgment interest calculated at $1,746,849.81 through November 12, 2020; C. Pre-judgment interest at the rate of $10,351.51 per day commencing on November 13, 2020 and continuing through the day before the date of entry of judgment, in an amount to be calculated by the Court totaling $2,308,386.73; D.Attorneys' fees incurred and awarded in the arbitration in the amount of $141,412.16; and E.Administrative fees incurred and awarded in the arbitration in the amount of $20,725.25, all in accordance with the Final Arbitration Award of the American Arbitration Association, dated November 24, 2020. (MD JS-6, Case Terminated). (lom) |
| Filing 22 NOTICE OF LODGING filed re [Proposed] Judgment re NOTICE OF MOTION AND MOTION for Order for Vacate Arbitration Award #7 , Petition (Attorney Civil Case Opening), #1 (Attachments: #1 [Proposed] Judgment)(Gold, Oliver) |
| Filing 21 STIPULATION for Judgment as to Petition filed by Petitioner Lendlease US Construction Inc..(Gold, Oliver) |
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Filing 20
(IN CHAMBERS) ORDER RE PETITIONERS PETITION TO CONFIRM ARBITRATION AWARD (DKT. #1 ); RESPONDENTS MOTION TO VACATE ARBITRATION AWARD (DKT. #7 ) JS-6 by Judge John A. Kronstadt: the Motion to Vacate the Final Award is DENIED and the Petition to Confirm the Final Award is GRANTED. On or before 6/22/2021, after meeting and conferring with Respondent's counsel to seek to reach an agreement as to the form of a judgment, Petitioner's counsel shall lodge a proposed judgment. If the parties agree on the form of the judgment, counsel for Respondent shall sign the proposed judgment, stating that it is approved only as to form. If the parties do not agree on the form of the judgment, following the lodging of the proposed judgment by Petitioner, Respondent shall timely file any objections in conformance with the Local Rules. (MD JS-6. Case Terminated.) (See Civil Minutes for further specifics). (jp)
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Filing 19
(IN CHAMBERS) ORDER RE PETITION TO CONFIRM ARBITRATION AWARD (DKT. #1 ) AND MOTION TO VACATE ARBITRATION AWARD (DKT. #7 ) by Judge John A. Kronstadt: Based on a review of the Petition to Confirm Arbitration Award (the "Petition" (Dkt. #1 )) and Motion to Vacate Arbitration Award (the "Motion" (Dkt. #7 )), and in accordance with L.R. 7-15, it has been determined that the hearing on the Petition and Motion, presently set for May 3, 2021, is unnecessary. Therefore, that hearing is taken off calendar and no appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2) TEXT ONLY ENTRY
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| Filing 18 REPLY filed by Petitioner Lendlease US Construction Inc. to Petition (Attorney Civil Case Opening), #1 to Confirm Arbitration Award (Jones-McKeown, Meredith) |
| Filing 17 Opposition Evidentiary Objections re: NOTICE OF MOTION AND MOTION for Order for Vacate Arbitration Award #7 filed by Respondent China Oceanwide Holdings Limited. (Foust, John) |
| Filing 16 REPLY NOTICE OF MOTION AND MOTION for Order for Vacate Arbitration Award #7 filed by Respondent China Oceanwide Holdings Limited. (Foust, John) |
| Filing 15 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION for Order for Vacate Arbitration Award #7 filed by Petitioner Lendlease US Construction Inc.. (Attachments: #1 Declaration of Meredith Jones-McKeown, #2 Evidentiary Objections to Declarations of J. Foust, K. Choi, G. Mowbray, and M. Wan, #3 Proposed Order)(Jones-McKeown, Meredith) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney John Foust counsel for Respondent China Oceanwide Holdings Limited. Adding Daniel A. Cantor as counsel of record for Respondent China Oceanwide Holdings Limited for the reason indicated in the G-123 Notice. Filed by Respondent China Oceanwide Holdings Limited. (Foust, John) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney John Foust counsel for Respondent China Oceanwide Holdings Limited. Adding Ken W. Choi as counsel of record for Respondent China Oceanwide Holdings Limited for the reason indicated in the G-123 Notice. Filed by Respondent China Oceanwide Holdings Limited. (Foust, John) |
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Filing 12
(IN CHAMBERS) ORDER RE: PETITION TO CONFIRM ARBITRATION AWARD (DKT. #1 ) AND MOTION TO VACATE ARBITRATION AWARD (DKT. #7 ) by Judge John A. Kronstadt: The Court, on its own motion, sets a hearing for the Petition to Confirm Arbitration Award (the "Petition" (Dkt. #1 )) and Motion to Vacate Arbitration Award (the "Motion" (Dkt. #7 )) on May 3, 2021 at 8:30 a.m. Petitioner shall file an opposition to the Motion on or before January 25, 2021. Defendant shall file any reply in support of the Motion and opposition to the Petition on or before February 22, 2021. Petitioner shall file any reply in support of the Petition on or before March 8, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2) TEXT ONLY ENTRY
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| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to for Vacate Arbitration Award #7 . The following error(s) was/were found: (1) Hearing information is missing. (2) Proposed Document was not submitted as separate attachment. (3) Proposed Order shall be filed as separate attachment to the e-filed "Motion to Vacate Arbitration Award and/or NOTICE OF LODGING" and e-mailed to a Judge John A. Kronstadt generic email addresses a WordPerfect or Microsoft Word version of the document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (jp) |
| Filing 10 PROOF OF SERVICE filed by Petitioner Lendlease US Construction Inc., re Notice of Assignment to United States Judges(CV-18) - optional html form #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #4 , Initial Order upon Filing of Complaint - form only,, #6 served on December 8, 2020. (Jones-McKeown, Meredith) |
| Filing 9 PROOF OF SERVICE filed by Petitioner Lendlease US Construction Inc., re Certificate/Notice of Interested Parties #2 , Petition (Attorney Civil Case Opening), #1 served on December 1, 2020. (Jones-McKeown, Meredith) |
| Filing 8 CERTIFICATE of Interested Parties filed by Respondent China Oceanwide Holdings Limited, (Foust, John) |
| Filing 7 NOTICE OF MOTION AND MOTION for Order for Vacate Arbitration Award filed by Respondent China Oceanwide Holdings Limited. (Attachments: #1 Declaration John Foust, #2 Declaration Ken W. Choi, #3 Declaration Gregory Mowbray, #4 Declaration May Wan) (Attorney John Foust added to party China Oceanwide Holdings Limited(pty:res)) (Foust, John) |
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Filing 6
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (vv)
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| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Civil Cover Sheet should not have been attached to Docket Entry No. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Maria A. Audero. (lh) |
| Filing 2 NOTICE of Interested Parties filed by Petitioner LENDLEASE (US) CONSTRUCTION INC., identifying Lendlease Americas Inc.. (Jones-McKeown, Meredith) |
| Filing 1 PETITION (VERIFIED) TO CONFIRM ARBITRATION AWARD Receipt No: ACACDC-29189410 - Fee: $400, filed by Petitioner LENDLEASE (US) CONSTRUCTION INC.. (Attachments: #1 Civil Cover Sheet) (Attorney Meredith A Jones-McKeown added to party LENDLEASE (US) CONSTRUCTION INC.(pty:pet))(Jones-McKeown, Meredith) |
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