East West Bank et al v. Vistra Group Holdings BVI Limited et al
| East West Bank, East West Bancorp, Inc., Progressive Casualty Insurance Company, GEICO Corporation, The Sherwin-Williams Company, Peoples United Financial Inc, ADHI Solar LLC, DV VNB Community Renewables Fund LLC, DV VNB Community Renewables Fund III LLC, Pardee Solar I LLC, Peoples United Bank, N.A., Peoples United Financial, Inc., ADHI-Solar LLC and Pardee Solar 1 LLC |
| Vistra Group Holdings (BVI) Limited, Vistra Group Holdings (BVI) I Limited, Indervir Basra, John Does 1 through 10, inclusive, Vistra Group Holdings BVI Limited, Vistra Group Holdings BVI I Limited and John Does |
| 2:2022cv01670 |
| March 14, 2022 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Mark C Scarsi |
| Other Fraud |
| 28 U.S.C. § 1441 Notice of Removal - Fraud |
| Both |
Docket Report
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| Filing 19 Receipt of Remand by Los Angeles County Superior Court on May 3, 2022. (lc) |
| Filing 18 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court, No. 21STCV46162. (lc) |
| Filing 17 MINUTES (IN CHAMBERS ) by Judge Mark C. Scarsi: REMAND ORDER. The Court ordered Removing Defendants to show cause why the case should not be remanded. The parties submitted responses. The Court need not resolve the parties' dispute or decide whether the claim against Basra. Removing Defendants fail to persuasively demonstrate that Plaintiffs could not articulate a fraud-based claim against Basra upon amendment. There is a possibility a state court could allow Plaintiffs to maintain a claim against Basra. Removing Defendants have not met their heavy burden to show Basra was fraudulently joined. Complete diversity of citizenship is lacking. The Court remands the case to the Los AngelesCounty Superior Court, No. 21STCV46162. The Court directs the Clerk to effect the remand and close the case.(Made JS-6. Case Terminated.) (lc) |
| Filing 16 RESPONSE filed by Plaintiffs ADHI-Solar LLC, DV VNB Community Renewables Fund III LLC, DV VNB Community Renewables Fund LLC, East West Bancorp, Inc., East West Bank, GEICO Corporation, Pardee Solar 1 LLC, Peoples United Bank, N.A., Peoples United Financial, Inc., Progressive Casualty Insurance Company, The Sherwin-Williams Companyto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #10 (Sorensen, Stephen) |
Filing 15
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Maria A. Audero. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Maria A. Audero to Magistrate Judge Alexander F. MacKinnon for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-01670 MCS(AFMx). (rn)
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Filing 14
ORDER GRANTING JOINT STIPULATION REGARDING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS THE COMPLAINT (ECF No. 12) by Judge Mark C. Scarsi, re Stipulation for Extension of Time to File Response/Reply #12 . It is ORDERED that the stipulation is granted as follows: 1. If the Order to Show Cause does not result in remand of this action to the Superior Court of California, County of Los Angeles, Plaintiffs' opposition to the Motion to Dismiss shall be due fourteen (14) days after the Court's order on the Order to Show Cause; 2. Defendants' reply shall be due seven (7) days after Plaintiffs file their opposition to the Motion to Dismiss; 3. The Court vacates the hearing on the Motion to Dismiss and may reset it by further order, if appropriate; and 4. All other dates shall remain unchanged. (smo)
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| Filing 13 RESPONSE filed by Defendants Indervir Basra, Vistra Group Holdings BVI I Limited, Vistra Group Holdings BVI Limitedto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #10 (Wit, Terry) |
| Filing 12 STIPULATION for Extension of Time to File Opposition to Motion to Dismiss as to NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(2), 12(b)(6), and 9(b) #11 filed by Defendants Indervir Basra, Vistra Group Holdings BVI I Limited, Vistra Group Holdings BVI Limited. (Attachments: #1 Proposed Order)(Wit, Terry) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(2), 12(b)(6), and 9(b) filed by Defendants Indervir Basra, Vistra Group Holdings BVI I Limited, Vistra Group Holdings BVI Limited. Motion set for hearing on 5/9/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of John McLean, #2 Request for Judicial Notice, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order) (Wit, Terry) |
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER TO SHOW CAUSE RE: SUBJECT-MATTER JURISDICTION. The Court orders Removing Defendants to show cause why this action should not be remanded to the Los Angeles County Superior Court for lack of subject-matter jurisdiction. Removing Defendants shall file a written response within 14 days. Plaintiffs shall file a written response within 14 days of the filing of Removing Defendants' response. Alternatively, this order to show cause may be satisfied by a stipulation acknowledging that the Court lacks jurisdiction and consenting to remand. (lc)
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Filing 9
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Maria A. Audero. (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Indervir Basra, John Does, Vistra Group Holdings BVI I Limited, Vistra Group Holdings BVI Limited.(Filing fee $ 402) Jury Demanded, filed by Plaintiffs Pardee Solar 1 LLC, DV VNB Community Renewables Fund LLC, ADHI-Solar LLC, Progressive Casualty Insurance Company, East West Bancorp, Inc., East West Bank, GEICO Corporation, DV VNB Community Renewables Fund III LLC, Peoples United Bank, N.A., Peoples United Financial, Inc., The Sherwin-Williams Company. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 12/17/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| NON-CONFORMED FILED COPY OF NOTICE AND ACKNOWLEDGMENT OF RECEIPT of Summons and Complaint returned Executed filed by Plaintiff Pardee Solar 1 LLC, DV VNB Community Renewables Fund LLC, ADHI-Solar LLC, Progressive Casualty Insurance Company, East West Bancorp, Inc., East West Bank, GEICO Corporation, DV VNB Community Renewables Fund III LLC, Peoples United Bank, N.A., Peoples United Financial, Inc., The Sherwin-Williams Company, upon Defendant Indervir Basra acknowledgment sent by Plaintiff on 3/3/2022, answer due 3/24/2022. Acknowledgment of Service signed by Terry L. Wit, Attorney. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 5 CIVIL COVER SHEET filed by Defendants Indervir Basra, Vistra Group Holdings (BVI) I Limited, Vistra Group Holdings (BVI) Limited. (Wit, Terry) |
| Filing 4 NOTICE of Appearance filed by attorney Terry L. Wit on behalf of Defendants Vistra Group Holdings (BVI) I Limited, Vistra Group Holdings (BVI) Limited (Wit, Terry) |
| Filing 3 NOTICE of Appearance filed by attorney Terry L. Wit on behalf of Defendants Indervir Basra, Vistra Group Holdings (BVI) I Limited, Vistra Group Holdings (BVI) Limited (Wit, Terry) |
| Filing 2 Defendants NOTICE of Interested Parties filed by Defendants Indervir Basra, Vistra Group Holdings (BVI) I Limited, Vistra Group Holdings (BVI) Limited, (Attorney Terry L. Wit added to party Indervir Basra(pty:dft))(Wit, Terry) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 21STCV46162 Receipt No: ACACDC-32940997 - Fee: $402, filed by Defendants Vistra Group Holdings (BVI) Limited, Vistra Group Holdings (BVI) I Limited. (Attachments: #1 Declaration of Terry L. Wit, #2 Exhibit 1 to Wit Decl., #3 Exhibit 2 to Wit Decl., #4 Exhibit 3 to Wit Decl., #5 Exhibit 4 to Wit Decl., #6 Exhibit 5 to Wit Decl., #7 Exhibit 6 to Wit Decl., #8 Exhibit 7 to Wit Decl., #9 Exhibit 8 to Wit Decl., #10 Exhibit 9 to Wit Decl., #11 Exhibit 10 to Wit Decl., #12 Exhibit 11 to Wit Decl., #13 Exhibit 12 to Wit Decl., #14 Exhibit 13 to Wit Decl., #15 Exhibit 14 to Wit Decl., #16 Exhibit 15 to Wit Decl., #17 Exhibit 16 to Wit Decl., #18 Exhibit 17 to Wit Decl., #19 Exhibit 18 to Wit Decl., #20 Declaration of John McLean, #21 Declaration of Lisa Haines) (Attorney Terry L. Wit added to party Vistra Group Holdings (BVI) I Limited(pty:dft), Attorney Terry L. Wit added to party Vistra Group Holdings (BVI) Limited(pty:dft))(Wit, Terry) |
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