China Shenyang Hongqiao Oil Production Co., Ltd., et al v. Atlantic Ventures LLC, et al
| Guojie Lu, Yongsheng Zhang, China Shenyang Hongqiao Oil Production Co., LTD and China Shenyang Hongqiao Oil Production Co., Ltd. |
| Jack Zhang, Caer Vision Technology Center Inc., Caervision Corporation, D2Healthcoach, LLC, Juliet Hong Zhang, Caervision, Atlantic Ventures LLC, Caervision Group, Inc., CTCI, LLC and Juliet Luo |
| 8:2017cv01675 |
| September 26, 2017 |
| US District Court for the Central District of California |
| John D Early |
| James V Selna |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 56 AMENDED JUDGMENT GRANTING IN PART AND DENYING IN PART PLAINTIFF'S APPLICATION FOR DEFAULT JUDGMENT by Judge James V. Selna: IT IS HEREBY ORDERED THAT Judgment shall enter as follows: Breach of Contract. CTCI, Caervision, Caervision Technology Center, Inc, Atlantic and Jack Zhang and Juliet Hong Zhang, aka Juliet Luo, aka Juliet Zhang, as alter egos of the Caervision Defendants, were in breach of contract as Atlantic breached the L-1 Agreement for commingling Zhang's funds. As the prevailing party, Plaintiffs are awarded compensatory contract damages of $566,000 and prejudgment interest in the amount of $72,416.99. The Court finds the defendants' fraud in the inducement is an exception to the economic loss rule. Plaintiffs are awarded punitive damages on the fraud claim in the amount of $1,698,000.00. Granting in part and Denying in part #55 APPLICATION to Amend Judgment. [See Judgment for further details.] (es) |
| Filing 55 REQUEST to Amend Judgment #54 filed by Plaintiffs China Shenyang Hongqiao Oil Production Co., Ltd., Guojie Lu, Yongsheng Zhang. (Attachments: #1 Declaration, #2 Proposed Order) (Kuo, Hubert) |
| Filing 54 JUDGMENT GRANTING IN PART AND DENYING IN PART PLAINTIFF'S APPLICATION FOR DEFAULT JUDGMENT #52 by Judge James V. Selna. (MD JS-6, Case Terminated). (es) |
| Filing 53 NOTICE OF LODGING filed Proposed Judgment re APPLICATION for Default Judgment against Defendants Defendants #42 (Attachments: #1 Proposed Order)(Kuo, Hubert) |
Filing 52
MINUTES (IN CHAMBERS) Order Granting in Part and Denying in Part Plaintiff's Application for Default Judgment #42 by Judge James V. Selna. As set forth above, the Court grants in part and denies in part Plaintiffs' application for default judgment against Defendants. The Court direct Plaintiffs to submit a proposed form of judgment within seven days. The Court further finds that oral argument would not be helpful on this matter and vacates the September 17, 2018 hearing. Fed. R. Civ. P. 78; L.R. 7-15. (lom)
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| Filing 51 SUPPLEMENT to APPLICATION for Default Judgment against Defendants Defendants #42 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Attachments: #1 Declaration)(Kuo, Hubert) |
| Filing 50 MINUTES OF Hearing on Plaintiff's Application for Default Judgment held before Judge James V. Selna. The Court grants the plaintiff's oral request to continue the hearng on this motion for further briefing. The Court ORDERS that any further briefs, regarding the issues indicated, shall be filed by 9/4/2018. The hearing on the motion is reset for 9/17/2018 at 1:30 PM before Judge James V. Selna. Court Reporter: Sharon Seffens. (kt) |
| Filing 49 NOTICE filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Attachments: #1 Exhibit 1)(Kuo, Hubert) |
| Filing 48 (IN CHAMBERS) The Court sets the hearing on Plaintiff's APPLICATION for Default Judgment against Defendants #42 for MONDAY, 8/13/2018 at 1:30 PM before Judge James V. Selna. Any opposition to the application shall be filed by 7/23/2018 and any reply to an opposition shall be filed by 7/30/2018. Counsel for shall give notice of this order to the defendants and file a proof of service of the Notice forthwith. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
| Filing 47 (IN CHAMBERS) The Court ORDERS the Scheduling Conference, previously set for 7/16/2018 at 10:30 AM, VACATED, to be reset, if necessary, upon ruling of the Plaintiffs Application for Default Judgment against Defendants #42 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
| Filing 46 REQUEST FOR JUDICIAL NOTICE re APPLICATION for Default Judgment against Defendants Defendants #42 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L, #7 Exhibit M, #8 Exhibit O, #9 Exhibit P)(Kuo, Hubert) |
| Filing 45 REQUEST FOR JUDICIAL NOTICE re APPLICATION for Default Judgment against Defendants Defendants #42 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F-1, #8 Exhibit F-2, #9 Exhibit F-3)(Kuo, Hubert) |
| Filing 44 DECLARATION of Yongsheng Zhang in support of APPLICATION for Default Judgment against Defendants Defendants #42 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6)(Kuo, Hubert) |
| Filing 43 DECLARATION of Guojie Lu in support of APPLICATION for Default Judgment against Defendants Defendants #42 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kuo, Hubert) |
| Filing 42 APPLICATION for Default Judgment against Defendants Defendants filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Attachments: #1 Declaration, #2 Proposed Order) (Kuo, Hubert) |
| Filing 41 (IN CHAMBERS) The Scheduling Conference set for 6/11/2018 at 10:30 am is hereby CONTINUED to 7/16/2018 at 10:30 am before Judge James V. Selna. The hearing will be vacated if the Motion for Default Judgment is filed prior to hearing.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY |
| Filing 40 STATUS REPORT filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Kuo, Hubert) |
| Filing 39 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Caervision a Maryland corporation (twdb) |
| Filing 38 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Atlantic Ventures LLC a Pennsylvania corporation, D2HealthCoach LLC a Pennsylvania limited liability company, CTCI LLC a Pennsylvania limited liability company, Jack Zhang an individual, Juliet Hong Zhang aka Juliet Luo an individual (twdb) |
| Filing 37 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Caervision Corporation, a Maryland corporation #35 (twdb) |
| Filing 36 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Caer Vision Technology Center Inc., a Delaware corporation, Caervision Group Inc, a Maryland corporation (twdb) |
| Filing 35 APPLICATION for Clerk to Enter Default against Defendant All Defendants filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Kuo, Hubert) |
| Filing 34 SERVICE by Publication filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. Dates of publication are: March 09, 2018, March 16, 2018, March 23, 2018, March 30, 2018. (Kuo, Hubert) |
| Filing 33 (IN CHAMBERS) The Court, having considered the Joint Report Rule 26(f) Discovery Plan #31 , hereby CONTINUES the Scheduling Conference, previously set for 4/9/2018 at 10:30 AM, to MONDAY, 6/11/2018 at 10:30 AM before Judge James V. Selna. Counsel shall file a JOINT Rule 26(f) Report (with a completed Exhibit A from the original Order setting the Scheduling Conference) by Monday, 6/4/2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
| Filing 32 NOTICE of Change of Attorney Business or Contact Information: for attorney Hubert H Kuo counsel for Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. Changing address to 4340 Von Karman Ave., Suite 290, Newport Beach, CA 92660. Changing phone and fax number to 949-299-0188 & 949-299-0127. Filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Kuo, Hubert) |
| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd... (Attachments: #1 Exhibit A)(Kuo, Hubert) |
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Filing 30
AMENDED ORDER by Judge James V. Selna, Granting Plaintiffs' Motion for Service by Publication #28 . See document for further information. (twdb)
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| Filing 29 NOTICE of Errata filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Attachments: #1 Exhibit 1)(Kuo, Hubert) |
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Filing 28
ORDER Granting Plaintiffs' Motion for Service by Publication #26 by Judge James V. Selna: IT IS ORDERED that the service of the summons and First AmendedComplaint in this action against Defendants ATLANTIC VENTURES, LLC, D2HEALTHCOACH, LLC, CTCI, LLC, CAERVISION, JACK ZHANG, and JULIET HONG, aka JULIET LUO, be published in the Frederick News Post which is most likely to give actual notice to the parties to be served. Publication is to be made at least once a week for four successive weeks. A copy of the summons, the complaint, and the order for publication is to be mailed forthwith to the parties iftheir respective addresses are ascertained before expiration of the time prescribed for publication of the summons. (lwag)
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| Filing 27 DECLARATION of Hubert Kuo in support of First NOTICE OF MOTION AND MOTION for Service by Publication of Defendants #26 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit)(Kuo, Hubert) |
| Filing 26 First NOTICE OF MOTION AND MOTION for Service by Publication of Defendants filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Kuo, Hubert) |
| Filing 25 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd., upon Defendant Caervision Corporation served on 12/13/2017, answer due 1/3/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Kuo, Hubert) |
| Filing 24 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd., upon Defendant Caervision Group, Inc. served on 12/13/2017, answer due 1/3/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Kuo, Hubert) |
| Filing 23 PROOF OF SERVICE filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd., re Amended Complaint/Petition, #10 served on December 13, 2017. (Kuo, Hubert) |
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Filing 22
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge James V. Selna. Rule 26 Meeting Report due by 4/2/2018. Scheduling Conference set for 4/9/2018 at 10:30 AM before Judge James V. Selna. (jlen)
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| Filing 21 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (jlen) |
| Filing 20 (IN CHAMBERS) The Court, having received and reviewed the Plaintiffs' Response #19 to the Court's request for additional information #14 , hereby DISCHARGEAS the Order to Show Cause #9 issued 11/17/2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
| Filing 19 RESPONSE filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.to Minutes of In Chambers Order/Directive - no proceeding held,,,, #14 (Kuo, Hubert) |
| Filing 18 21 DAY Summons Issued re First Amended Complaint/Petition, #10 as to Defendants Caer Vision Technology Center Inc., Caervision, Caervision Corporation, Caervision Group, Inc., D2Healthcoach, LLC, Jack Zhang, Juliet Hong Zhang aka Juliet Luo. (twdb) |
| Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition, #10 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Kuo, Hubert) |
| Filing 16 Request for Clerk to Issue Summons on Amended Complaint/Petition, #10 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Kuo, Hubert) |
| Filing 15 21 DAY Summons Issued re First Amended Complaint/Petition, #10 as to defendant Atlantic Ventures LLC. (twdb) |
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Filing 14
MINUTE (IN CHAMBERS) Order for Additional Information re Jurisdiction by Judge James V. Selna: On November 17, 2017, the Court issued a minute order directing China Shenyang Hongqiao Oil Production Co., Ltd. et al. (China Shenyang) to provide certain additional information concerning Atlantic Ventures LLC, D2Healthcoach, LLC, and CTCI, LLC to determine whether there is complete diversity under 28 U.S.C. 1332. (Docket No. 9.) The Court has reviewed the First Amended Complaint filed in response to the Courts order, and now requests additional information. Plaintiffs Zhang Youngsheng and Lu Guojie are identified as citizens of the Peoples Republic of China, now residing in this district judicial district. (First Amended Complaint, 2, 3.) China Shenyang is ordered to advise the Court within ten days whether Zhang and Lu are permanent legal residents of the United States. See 28 U.S.C. 1332(a)(2). A failure to respond may result in dismissal of the case for lack of jurisdiction. (lwag)
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| Filing 13 Request for Clerk to Issue Summons on Amended Complaint/Petition, #10 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Kuo, Hubert) |
| Filing 12 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #11 . The following error(s) was found: The summons request caption reads: see attachment. There is no attachment re the party names (defendants). The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (twdb) |
| Filing 11 Request for Clerk to Issue Summons on Amended Complaint/Petition, #10 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd.. (Kuo, Hubert) |
| Filing 10 FIRST AMENDED COMPLAINT against DEFENDANT China Shenyang Hongqiao Oil Production Co., Ltd. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kuo, Hubert) |
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Filing 9
MINUTES (IN CHAMBERS) Order To Show Cause re Lack of Jurisdiction by Judge James V. Selna. China Shenyang is ordered to file an amended initial pleading within 15 days identifying each member of each alleged LLC and the member's citizenship and principal place of business as the date of the filing of the initial pleading. If any member is itself an LLC, the same information shall be provided for each subtier member, and if need be, for each successive subtier. (see document for details). (dro)
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| Filing 8 PROOF OF SERVICE filed by Plaintiff China Shenyang Hongqiao Oil Production Co., Ltd., served on October 9, 2017. (Kuo, Hubert) |
| Filing 7 21 DAY Summons issued re Complaint #1 as to defendants Atlantic Ventures LLC, CTCI, LLC, Caer Vision Technology Center Inc., Caervision, Caervision Corporation, Caervision Group, Inc., D2Healthcoach, LLC, Jack Zhang, Juliet Hong Zhang. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge John D. Early. (esa) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff China Shenyang Hongqiao Oil Production Co., LTD, (Kuo, Hubert) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff China Shenyang Hongqiao Oil Production Co., LTD. (Kuo, Hubert) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff China Shenyang Hongqiao Oil Production Co., LTD. (Kuo, Hubert) |
| Filing 1 COMPLAINT Receipt No: 0973-20570117 - Fee: $400, filed by Plaintiff China Shenyang Hongqiao Oil Production Co., LTD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Attorney Hubert H Kuo added to party China Shenyang Hongqiao Oil Production Co., LTD(pty:pla))(Kuo, Hubert) |
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