Zhan v. Hogan et al
| Kewu Zhan |
| Patrick F. Hogan, CMB Export Infrastructure Group 48 LP, CMB Export, LLC, CMB Illinois Regional Center LLC, NK Immigration Services LLC and CMB Illinois Regional Center LLC doing business as CMB Regional Centers |
| 4:2018cv04126 |
| July 11, 2018 |
| US District Court for the Central District of Illinois |
| Rock Island Office |
| XX Outside US |
| Sara Darrow |
| Jonathan E Hawley |
| Stockholders Suits |
| 28 U.S.C. § 1332 - Diversity: Securities Fraud |
| None |
Docket Report
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This docket was last retrieved on February 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 53 JUDGMENT entered on 2/8/2019. (LN, ilcd) |
Filing 52
ORDER entered by Judge Sara Darrow on February 6, 2019. The #50 Motion for Reconsideration is DENIED. The #32 Motion to Stay and to Compel Arbitration and Memorandum of Law, construed as a motion to dismiss for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3), is GRANTED. The action is DISMISSED. In light of this ruling, the #33 Motion to Dismiss and Memorandum of Law and the #41 Motion for Leave to File Reply in Support of Defendants' Motion to Dismiss are MOOT. The Clerk is directed to enter judgment and close the case. (AK, ilcd)
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| Filing 51 RESPONSE to Motion re #50 MOTION for Reconsideration of Court Opinion filed by Defendants CMB Export Infrastructure Group 48 LP, CMB Export, LLC, CMB Illinois Regional Center LLC, Patrick F. Hogan, NK Immigration Services LLC. (Lake, Donald) |
| Filing 50 MOTION for Reconsideration of Court Opinion by Plaintiff Kewu Zhan. Responses due by 1/22/2019 (Litowitz, Douglas) |
| Filing 49 BRIEF re #48 Order on Motion to Compel,,, Order on Motion for Leave to File,, #32 MOTION to Compel Arbitration and Memorandum of Law by CMB Export Infrastructure Group 48 LP, CMB Export, LLC, CMB Illinois Regional Center LLC, Patrick F. Hogan, NK Immigration Services LLC. (Schwartz, Stacy) |
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Filing 48
ORDER entered by Judge Sara Darrow on December 18, 2018. The Court DEFERS ruling on the #32 Motion to Stay and to Compel Arbitration and Memorandum of Law and GRANTS the #39 Motion for Leave to File Reply in Support of Motion to Stay and Compel Arbitration. The Court ORDERS Defendants to file a supplemental brief, limited to five pages, clarifying the relief they seek in light of the Court's holding that it cannot compel arbitration. Defendants' supplemental brief must be filed by January 4, 2019. Plaintiff may file a response, also limited to five pages, within fourteen days of receiving Defendants' submission. (AK, ilcd)
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| Filing 47 PDF with attached Audio File. Court Date & Time [ 11/1/2018 1:56:27 PM ]. File Size [ 7223 KB ]. Run Time [ 00:15:03 ]. (admin). |
| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present in open court with Atty D. Litowitz for Plaintiff and Attys K. Joyce and S. Schwartz for Defendants with K. Schwigen and T. Moffit for Motion Hearing/Status Conference held on 11/1/2018. Discussion held re status of the case. Court hears argument re #46 MOTION for Hearing on Sanctions. Motion DENIED for reasons stated on the record. (Tape #PR-C: 1:56 PM.) (SAG, ilcd) |
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TEXT ORDER by Magistrate Judge Jonathan E. Hawley granting #44 Motion for status in that the Court will set a hearing in this matter. Motion Hearing in re #46 MOTION for Hearing re #43 Exhibit re Rule 11 Motion by CMB and Response thereto set for 11/1/2018 at 2:00 PM in person in Courtroom C in Peoria before Magistrate Judge Jonathan E. Hawley. Entered on 10/15/18. (WG, ilcd)
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| Filing 46 MOTION for Hearing re #43 Exhibit re Rule 11 Motion by CMB and Response thereto by Plaintiff Kewu Zhan. Responses due by 10/29/2018 (Attachments: #1 Exhibit Def's Rule 11 Motion, #2 Exhibit Plaintiff's Response to Rule 11 Motion)(Litowitz, Douglas) |
| Filing 45 RESPONSE to Motion re #44 MOTION for Status Conference to Address Extrajudicial Statements by Plaintiff's Counsel filed by Plaintiff Kewu Zhan. (Attachments: #1 Exhibit CMB Announcement)(Litowitz, Douglas) |
| Filing 44 MOTION for Status Conference to Address Extrajudicial Statements by Plaintiff's Counsel by Defendants CMB Export Infrastructure Group 48 LP, CMB Export, LLC, CMB Illinois Regional Center LLC, Patrick F. Hogan, NK Immigration Services LLC. Responses due by 10/25/2018 (Attachments: #1 Exhibit 1 - Verified Complaint, #2 Exhibit 2 - Twitter Posts, #3 Exhibit 3 - Motion to Strike the Complaint and Impose Sanctions Under NYCRR 130-1.1, #4 Exhibit 4 - WeChat Posts)(Joyce, Kenneth) |
| Filing 43 Exhibit SEC vs CMB and Hogan Cease and Desist Order by Kewu Zhan. (Attachments: #1 Exhibit SEC Press Release Vs CMB, #2 Exhibit SEC Order Vs CMB)(Litowitz, Douglas) |
| Filing 42 RESPONSE to Motion re #41 MOTION for Leave to File Reply in Support of Motion to Dismiss filed by Plaintiff Kewu Zhan. (Attachments: #1 Exhibit Landegger Case Decision)(Litowitz, Douglas) |
| Filing 41 MOTION for Leave to File Reply in Support of Motion to Dismiss by Defendants CMB Export Infrastructure Group 48 LP, CMB Export, LLC, CMB Illinois Regional Center LLC, Patrick F. Hogan, NK Immigration Services LLC. Responses due by 10/1/2018 (Attachments: #1 Exhibit 1 - Reply in Support of MTD)(Lake, Donald) |
| Filing 40 RESPONSE to Motion re #39 MOTION for Leave to File Reply in Support of Defendants' Motion to Stay and Compel Arbitration filed by Plaintiff Kewu Zhan. (Litowitz, Douglas) |
| Filing 39 MOTION for Leave to File Reply in Support of Defendants' Motion to Stay and Compel Arbitration by Defendants CMB Export Infrastructure Group 48 LP, CMB Export, LLC, CMB Illinois Regional Center LLC, Patrick F. Hogan, NK Immigration Services LLC. Responses due by 9/28/2018 (Attachments: #1 Exhibit 1 - Proposed Reply in Support of Motion to Compel Arbitration)(Lake, Donald) |
| Filing 38 RESPONSE to Motion re #33 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Kewu Zhan. (Attachments: #1 Exhibit InadvertentInvestmentCompanyMaterials, #2 Exhibit InadvertentBrokerDealerMaterials)(Litowitz, Douglas) |
| Filing 37 RESPONSE to Motion re #32 MOTION to Compel Arbitration and Memorandum of Law filed by Plaintiff Kewu Zhan. (Attachments: #1 Exhibit DealDocumentsProvidedToPlaintiff, #2 Errata Unpublished Case Westlaw, #3 Errata unpublished Case Westlaw, #4 Errata unpublished Case Westlaw, #5 Errata unpublished Case Westlaw, #6 Errata unpublished Case Westlaw)(Litowitz, Douglas) |
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TEXT ORDER: Entered by Magistrate Judge Jonathan E. Hawley on 9/6/2018. The Clerk is directed to STRIKE the Plaintiff's Reply Motion on Joinder or Leave to File New Complaint, and Demand for Judgment Instanter #36 . Local Rule 7.1(B)(3) provides that, "No reply to the response is permitted without leave of Court." The Plaintiff did not comply with Local Rule 7.1(B)(3). (LN, ilcd)
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| Filing 36 STRICKEN - REPLY to Response to Motion re #30 MOTION for Leave to File Joinder or Separate Class Action Complaint and Demand for Judgment Instanter filed by Plaintiff Kewu Zhan. (Attachments: #1 Errata Case Decision)(Litowitz, Douglas) Modified on 9/6/2018 to strike pursuant to the 9/6/2018 Text Order (LN, ilcd). |
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TEXT ORDER denying #30 the Plaintiff's Motion for Joinder or Leave to File New Complaint WITHOUT PREJUDICE with leave to renew after resolution of the Defendants' Motion to Compel Arbitration #32 . Entered by Magistrate Judge Jonathan E. Hawley on 9/5/2018. (KZ, ilcd)
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| Filing 35 RESPONSE to Motion re #30 MOTION for Leave to File Joinder or Separate Class Action Complaint filed by Defendants CMB Export Infrastructure Group 48 LP, CMB Export, LLC, CMB Illinois Regional Center LLC, Patrick F. Hogan, NK Immigration Services LLC. (Lake, Donald) |
| Filing 34 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by CMB Export, LLC. (Lake, Donald) |
| Filing 33 MOTION to Dismiss and Memorandum in Support by Defendants CMB Export Infrastructure Group 48 LP, CMB Export, LLC, CMB Illinois Regional Center LLC, Patrick F. Hogan, NK Immigration Services LLC. Responses due by 9/10/2018 (Lake, Donald) |
| Filing 32 MOTION to Compel Arbitration and Memorandum of Law by Defendants CMB Export Infrastructure Group 48 LP, CMB Export, LLC, CMB Illinois Regional Center LLC, Patrick F. Hogan, NK Immigration Services LLC. Responses due by 9/10/2018 (Lake, Donald) |
| Filing 31 REDACTION to #30 MOTION for Leave to File Joinder or Separate Class Action Complaint Redacted Class Action Complaint by Kewu Zhan. (Litowitz, Douglas) |
| Filing 30 MOTION for Leave to File Joinder or Separate Class Action Complaint by Plaintiff Kewu Zhan. Responses due by 9/5/2018 (Litowitz, Douglas) |
| Filing 29 AMENDED COMPLAINT against CMB Export Infrastructure Group 48 LP, CMB Export, LLC, CMB Illinois Regional Center LLC, Patrick F. Hogan, and NK Immigration Services LLC, filed by Kewu Zhan. (Attachments: #1 Exhibit)(LN, ilcd) |
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TEXT ORDER: Entered by Magistrate Judge Jonathan E. Hawley on 8/20/2018. The Court has reviewed the parties' Status Report #28 . Accordingly, the Clerk is directed to re-seal the Complaint #1 and exhibits attached thereto [1-1]. Defendant CMB Export, LLC's Renewed Motion to Seal and Request for Expedited Consideration #16 is GRANTED IN PART and MOOT IN PART. It is granted to the extent Defendant CMB requests that the Complaint #1 and its exhibits [1-1] be re-sealed, their redacted version [16-1] of the Complaint's exhibits be filed, and the Renewed Motion given expedited consideration. The Renewed Motion is moot in part to the extent CMB requests their redacted version of the Complaint be filed. The Plaintiff's Motion for Service by Publication and Motion for CMB Export LLC to Explain Corporate Structure #17 is rendered MOOT in light of Defendant CMB Export LLC and CMB Export Infrastructure Group 48's now-granted Unopposed Motion for Extension of Time to Respond #27 . The Plaintiffs Motion to Clarify Magistrate's Text Order #24 is rendered MOOT given the Status Conference that was held on 8/13/2018. Finally, the Clerk is directed to file the parties' agreed upon redacted Complaint [28-1] and attach as exhibits thereto the previously submitted redacted exhibits [16-1]. (LN, ilcd)
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| Filing 28 STATUS REPORT Joint Status Report re: Conference on Renewed Motion to Seal by CMB Export, LLC. (Attachments: #1 Exhibit A - Redacted Complaint Following Conferral)(Lake, Donald) |
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TEXT ORDER granting #27 Unopposed Motion for Extension of Time to Answer. Defendants CMB Export Infrastructure Group 48 LP and CMB Export, LLC answer deadline extended to 8/29/2018. Entered by Magistrate Judge Jonathan E. Hawley on 8/16/18. (WG, ilcd)
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| Filing 27 MOTION for Extension of Time to File Answer by Defendants CMB Export Infrastructure Group 48 LP, CMB Export, LLC. Responses due by 8/29/2018 (Lake, Donald) |
| Filing 26 REPLY to Response to #16 MOTION to Expedite Consideration MOTION to Seal filed by Defendant CMB Export, LLC. (LN, ilcd) |
| Filing 25 PDF with attached Audio File. Court Date & Time [ 8/13/2018 1:28:45 PM ]. File Size [ 10222 KB ]. Run Time [ 00:21:18 ]. (admin). |
| Filing 24 MOTION to Unseal Case Motion To Clarify Magistrate's Text Order Re Redaction by Plaintiff Kewu Zhan. Responses due by 8/27/2018 (Attachments: #1 Exhibit InternetCMB)(Litowitz, Douglas) |
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TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Status Conference set for Monday, 8/13/2018 at 1:30 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered on 8/13/18. (WG, ilcd)
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| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Attys Douglas Litowitz/Donald Lake/Kenneth Joyce/Stacy Schwartz for Status Conference held on 8/13/18. Discussion held regarding #23 Motion to Compel. This motion is STRICKEN for reasons stated on the record. Parties are put on notice that they have a duty to confer prior to contacting the court. Parties to file a joint Status Report on or before 8/20/2018. (Tape #PRC: 1:28 p.m.) (FDS, ilcd) |
| Filing 23 STRICKEN - MOTION to Compel Inspection Rights Under Limited Partnership Agreement by Plaintiff Kewu Zhan. Responses due by 8/27/2018 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Litowitz, Douglas) Modified on 8/14/2018 to strike pursuant to the 8/13/2018 Minute Entry (LN, ilcd). |
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TEXT ORDER: The parties are directed to confer within seven days IN PERSON regarding the filing of a redacted Complaint and exhibits attached thereto. The parties are further directed to file a status report regarding their conferral within those same seven days (by 8/18/2018). Entered by Magistrate Judge Jonathan E. Hawley on 8/11/2018. (KZ, ilcd)
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| Filing 22 MOTION for Leave to File Reply in Support of Renewed Motion to Seal by Defendant CMB Export, LLC. Responses due by 8/24/2018 (Attachments: #1 Exhibit)(Morris, Matthew) |
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TEXT ORDER granting #22 Defendant CMB Export, LLC's Motion for Leave to File Reply in Support of CMB Export, LLC's Renewed Motion to Seal. The Clerk is directed to file the Reply [22-1] attached to the Motion. Entered by Magistrate Judge Jonathan E. Hawley on 8/10/2018. (KZ, ilcd)
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TEXT ORDER finding as moot #4 Defendant CMB Export, LLC's and Patrick F. Hogan's Motion to Quash Service of Defective Summons and Complaint. It now appears that Defendant CMB Export, LLC has been properly served and the Plaintiff's Motion for Service by Publication and Motion for CMB Export LLC to Explain Corporate Structure #17 remains pending. Thus, the Defendants' Motion to Quash is rendered moot at this time. Entered by Magistrate Judge Jonathan E. Hawley on 8/9/2018. (KZ, ilcd)
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| Filing 21 REPLY to Response to Motion re #4 MOTION to Quash Service of Defective Summons and Complaint Response to Motion to Quash filed by Plaintiff Kewu Zhan. (Litowitz, Douglas) |
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TEXT ORDER: The Plaintiff is directed to file a response to Defendant CMB Export, LLC's and Patrick F. Hogan's Motion to Quash Service of Defective Summons and Complaint (Doc. 4) by 8/10/2018. Entered by Magistrate Judge Jonathan E. Hawley on 8/8/2018. (KZ, ilcd)
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| Filing 20 RESPONSE to Motion re #16 MOTION to Expedite Consideration MOTION to Seal filed by Plaintiff Kewu Zhan. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Litowitz, Douglas) |
| Filing 19 AFFIDAVIT re #16 MOTION to Expedite Consideration MOTION to Seal by CMB Export, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lake, Donald) |
| Filing 18 AFFIDAVIT re #16 MOTION to Expedite Consideration MOTION to Seal by CMB Export, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lake, Donald) |
| Filing 17 MOTION for Service by Publication and Motion for CMB Export LLC to Explain Corporate Structure by Plaintiff Kewu Zhan. Responses due by 8/20/2018 (Attachments: #1 Affidavit, #2 Exhibit, #3 Errata UnreportedCases)(Litowitz, Douglas) |
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TEXT ORDER by Magistrate Judge Jonathan E. Hawley : Court sua sponte shortens the response deadline in re #16 MOTION to Expedite Consideration and MOTION to Seal by 8/8/2018. Entered on 8/6/18. (WG, ilcd)
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| Filing 16 MOTION to Expedite Consideration, MOTION to Seal by Defendant CMB Export, LLC. Responses due by 8/17/2018 (Attachments: #1 Exhibit)(Lake, Donald) |
| Filing 15 NOTICE of Appearance of Attorney by Stacy M Schwartz on behalf of CMB Export, LLC (Schwartz, Stacy) |
| Filing 14 NOTICE of Appearance of Attorney by Kenneth J Joyce on behalf of CMB Export, LLC (Joyce, Kenneth) |
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Filing 13
ORDER denying #5 Motion to Seal. The Clerk is directed to UNSEAL the Complaint (Doc. 1) and the exhibit (Doc. 1-1) attached thereto. The parties are reminded that they may seek an appropriate protective order at the appropriate time. See written order. Entered by Magistrate Judge Jonathan E. Hawley on 8/1/18. (WG, ilcd) Modified on 8/1/2018 to add docket text for clerk direction. (WG, ilcd).
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| Filing 12 RESPONSE to Motion re #5 MOTION to Seal filed by Plaintiff Kewu Zhan. (Attachments: #1 Exhibit SECformDfilings, #2 Exhibit PhotosOfCMB, #3 Errata UnreportedCase, #4 Errata UnreportedCase)(Litowitz, Douglas) |
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TEXT ORDER: Entered by Magistrate Judge Jonathan E. Hawley on 7/26/2018. The Court sua sponte shortens the response deadline for the Defendants' Motion to Seal #5 to seven days, to 8/3/2018. (LN, ilcd)
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| Filing 11 SUMMONS Returned Executed by Kewu Zhan. CMB Export, LLC served on 7/25/2018, answer due 8/15/2018. (LN, ilcd) |
| Filing 10 SUMMONS Returned Executed by Kewu Zhan. CMB Export Infrastructure Group 48 LP served on 7/25/2018, answer due 8/15/2018. (LN, ilcd) |
| Filing 9 NOTICE of Appearance of Attorney by Matthew J Morris on behalf of CMB Export, LLC (Morris, Matthew) |
| Filing 8 Summons Issued as to NK Immigration Services LLC. (Summons returned to attorney for service). (LN, ilcd) |
| Filing 7 Summons Issued as to CMB Export Infrastructure Group 48 LP and CMB Export, LLC. (Summons returned to attorney for service). (LN, ilcd) |
| Filing 6 +++ SEALED DOCUMENT.. (Lake, Donald) |
| Filing 5 MOTION to Seal by Defendants CMB Export, LLC, Patrick F. Hogan. Responses due by 8/7/2018 (Attachments: #1 Exhibit 1)(Lake, Donald) |
| Filing 4 MOTION to Quash Service of Defective Summons and Complaint by Defendants CMB Export, LLC, Patrick F. Hogan. Responses due by 8/7/2018 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lake, Donald) |
| Filing 3 AFFIDAVIT of Service for AffidavitService served on CMB Export LLC on 07/13/18, filed by Kewu Zhan. (Litowitz, Douglas) |
| Filing 2 Summons Issued as to Patrick F. Hogan. (LN, ilcd) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-2877851.), filed by Kewu Zhan. (Attachments: #1 Exhibit Exhibit1, #2 Civil Cover Sheet)(Litowitz, Douglas) |
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