Yang v. Halloin et al
| Kay Xiong Yang |
| Scott R. Halloin doing business as Scott R. Halloin, Sheila L. Shadman Emerson doing business as Sheila L. Shadman Emerson, Molly S. Fitzgerald doing business as Molly S. Fitzgerald, Long Lee doing business as Long Lee, Miana Lee doing business as Miana Lee, Kay Xiong doing business as Kay Xiong, David Blong Lee doing business as David Blong Lee, Mee Lee doing business as Mee Lee, Bee Xiong doing business as Bee Xiong, Pang Her doing business as Pang Her, Sandy A. Williams doing business as Sandy A. Williams, David L. Borowski doing business as David L. Borowski, Brandon Shayhorn doing business as Brandon Shayhorn and Dena Nardi doing business as Dena Nardi |
| 1:2023cv04598 |
| July 17, 2023 |
| US District Court for the Northern District of Illinois |
| Jeffrey Cole |
| Franklin U Valderrama |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3730 Qui Tam False Claims Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 Defendant Wisconsin Circuit Court Judges' Brief in Support of Motion to Dismiss by David L. Borowski, Sandy A. Williams (Peters, Daniel) |
| Filing 34 MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Daniel B. Peters's motion for leave to appear pro hac vice #31 is granted. Emailed notice (axc). |
| Filing 33 MOTION by Defendants Sandy A. Williams, David L. Borowski to dismiss Plaintiff's Complaint and Joinder in Defendants Scott Halloin, Sheila Shadman-Emmerson, Molly Fitgerald, Long Lee, Miana Lee, Kay Xiong, David Blong Lee, Mee Lee, Bee Xiong, and Pang Her's Motion to Dismiss Plaintiff's Complaint and Quash Service of Process Presented before Magistrate Judge (Peters, Daniel) |
| Filing 32 ATTORNEY Appearance for Defendants David L. Borowski, Sandy A. Williams by Daniel B Peters (Attachments: #1 Certificate of Service)(Peters, Daniel) |
| Filing 31 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21073574. Presented before Magistrate Judge (Peters, Daniel) |
| MAILED copy of Minute Entry #34 to Plaintiff Kay Xiong Yang. (axc). |
| Filing 30 MINUTE entry before the Honorable Jeffrey Cole: The plaintiff failed to file a proper response brief, and instead filed a document titled "OBJECTION WRIT FOR AFFIDAVIT OF COMMERCIAL LIABILITY - WRIT FOR AFFIDAVIT and NOTICE TO COURT" [Dkt. #26 ]. Thus, the defendant's motion [Dkt. #20 ] is granted. Emailed notice (yt) |
| Filing 28 REPLY by Defendants Molly S. Fitzgerald, Scott R. Halloin, Pang Her, David Blong Lee, Long Lee, Mee Lee, Miana Lee, Sheila L. Shadman Emerson, Bee Xiong, Kay Xiong to other #25 , other #26 (Miota, Jacob) |
| Filing 29 DEMAND FOR PROOF OF CLAIM by Kay Xiong Yang. (Exhibits) (ph, ) |
| Filing 25 OBJECTION WRIT FOR AFFIDAVIT OF COMMERCIAL LIABILITY - WRIT FOR AFFIDAVIT and NOTICE TO COURT by Kay Xiong Yang; Notice. (Exhibits) (Received for docketing 9/12/2023) (ph, ) |
| Filing 27 CERTIFICATE of Service by Kay Xiong Yang. (Received for docketing 9/12/2023) (ph, ) (Additional attachment(s) added on 9/12/2023: #1 Envelope postmark 9/1/2023) (ph, ). |
| Filing 26 OBJECTION WRIT FOR AFFIDAVIT OF COMMERCIAL LIABILITY - WRIT FOR AFFIDAVIT and NOTICE TO COURT by Kay Xiong Yang; Notice. (Exhibits) (Received for docketing 9/12/2023) (ph, ) |
| Filing 24 MINUTE entry before the Honorable Jeffrey Cole: In light of the briefing schedule regarding the Motion To Stay Discovery #20 , the video status conference set for 8/29/23 is Rescheduled to 9/20/23. The next video status conference is set for 9/20/23 at 9:00am. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 479-3207, access code 1807229989#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (yt) |
| Filing 23 MINUTE entry before the Honorable Jeffrey Cole: This Order will supplement the earlier Order of 8/16/23 [Dkt.#22 ]. Discovery is stayed pending a resolution of the defendants' Motion [Dkt#20 ]. Emailed notice (yt) |
| Filing 22 MINUTE entry before the Honorable Jeffrey Cole: The defendants filed a motion that discovery be stayed until such time as the District Court has ruled on the pending Defense's Motion To Dismiss. Fundamental fairness requires that the plaintiff be given an opportunity to respond to the motion. Or as stated differently, I ought not rule on the motion #20 , until the plaintiff has had an opportunity to respond. "Audi alteram partem - hear the other side! - a demand made insistently through the centuries, is now a command, spoken with the voice of the Due Process Clause of the Fourteenth Amendment, against state governments, and every branch of them - executive, legislative, and judicial - whenever any individual, however lowly and unfortunate, asserts a legal claim." Caritativo v. People of State of California, 357 U.S. 549, 558 (1958). This, of course, applies to federal litigation as well. The plaintiff shall have until 9/6/23 to respond, and the defendant shall have until 9/13/23 to reply. While the defendants' motion certainly makes a very strong case for the relief it seeks, the plaintiff must have a chance to respond. Emailed notice (yt) |
| Filing 21 CERTIFICATE of Service by Jacob E. Miota on behalf of Molly S. Fitzgerald, Scott R. Halloin, Pang Her, David Blong Lee, Long Lee, Mee Lee, Miana Lee, Sheila L. Shadman Emerson, Bee Xiong, Kay Xiong regarding MOTION by Defendants Molly S. Fitzgerald, Scott R. Halloin, Pang Her, David Blong Lee, Long Lee, Mee Lee, Miana Lee, Sheila L. Shadman Emerson, Bee Xiong, Kay Xiong to strike status report #15 and stay discovery Presented before Magistr #20 (Miota, Jacob) |
| Filing 20 MOTION by Defendants Molly S. Fitzgerald, Scott R. Halloin, Pang Her, David Blong Lee, Long Lee, Mee Lee, Miana Lee, Sheila L. Shadman Emerson, Bee Xiong, Kay Xiong to strike status report #15 and stay discovery Presented before Magistrate Judge (Miota, Jacob) |
| Filing 19 MINUTE entry before the Honorable Jeffrey Cole: Judge Valderrama has referred the case here for discovery supervision. #17 and #18 . A video status conference is set for 8/29/23 at 10:30am. Kay Yang, who is appearing as the plaintiff Pro Se, must appear at the video conference or by telephone, as must counsel for the defendant. At that conference, the discovery schedule will be set. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 479-3207, access code 1807229989#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. It should be noted that the Complaint asks for relief "in the preliminary Amount of 3 Billion U.S. Dollars in Pre-1964 Coin Value Silver and God [sic]." The plaintiff should re-access the amount stated in the Complaint. Emailed notice (yt) |
| Filing 18 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters. (axc). Mailed notice. |
| Filing 17 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' Joint Initial Status Report #15 . The deadline for amendments to the pleadings is 08/30/2023. The Court refers discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters to Magistrate Judge Cole. Emailed notice (axc). |
| MAILED copy of Minute Entry #17 and Order Referring a Civil Case to the Designated Magistrate Judge #18 to Plaintiff Kay Xiong Yang. (axc). |
| Filing 16 NOTICE of Correction regarding create case association. (rc, ) |
| Filing 15 INITIAL STATUS Report by Kay Xiong Yang under Rule 26(f). (rc, ) |
| Filing 14 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendants Scott Halloin, Sheila Shadman Emmerson, Molly Fitgerald, Long Lee, Miana Lee, Kay Xiong, David Blong Lee, Mee Lee, Bee Xiong, and Pang Her's Motion to Dismiss Plaintiff's Complaint and Quash Service of Process #9 as follows: Plaintiff's response due on or before 08/30/2023; Defendants Scott Halloin, Sheila Shadman Emmerson, Molly Fitgerald, Long Lee, Miana Lee, Kay Xiong, David Blong Lee, Mee Lee, Bee Xiong, and Pang Her reply due on or before 09/13/2023. Emailed notice (axc). |
| MAILED copy of Minute Entry #14 to Plaintiff Kay Xiong Yang. (axc). |
| Filing 13 CERTIFICATE of Service on Plaintiff (Miota, Jacob) |
| Filing 12 ATTORNEY Appearance for Defendants Molly S. Fitzgerald, Scott R. Halloin, Pang Her, David Blong Lee, Long Lee, Mee Lee, Miana Lee, Sheila L. Shadman Emerson, Bee Xiong, Kay Xiong by Jacob E. Miota (Miota, Jacob) |
| Filing 11 AFFIDAVIT by Defendants Molly S. Fitzgerald, Scott R. Halloin, Pang Her, David Blong Lee, Long Lee, Mee Lee, Miana Lee, Dena Nardi, Sheila L. Shadman Emerson, Brandon Shayhorn, Sandy A. Williams, Bee Xiong, Kay Xiong in Support of MOTION by Defendants Molly S. Fitzgerald, Kay Xiong, Scott R. Halloin, David Blong Lee, Pang Her, Long Lee, Sheila L. Shadman Emerson, Bee Xiong, Mee Lee, Miana Lee to dismiss for lack of jurisdiction #9 Jacob Miota (Attachments: #1 Exhibit A - CFTC Judgment, #2 Exhibit B - SEC Judgment, #3 Exhibit C - Ozaukee County Judgment, #4 Exhibit D - Milwaukee County Judgment, #5 Exhibit E - Ozaukee County Order, #6 Exhibit F - Milwaukee County Order)(Miota, Jacob) |
| Filing 10 MEMORANDUM by Molly S. Fitzgerald, Scott R. Halloin, Pang Her, David Blong Lee, Long Lee, Mee Lee, Miana Lee, Sheila L. Shadman Emerson, Bee Xiong, Kay Xiong in support of motion to dismiss/lack of jurisdiction #9 (Miota, Jacob) |
| Filing 9 MOTION by Defendants Molly S. Fitzgerald, Kay Xiong, Scott R. Halloin, David Blong Lee, Pang Her, Long Lee, Sheila L. Shadman Emerson, Bee Xiong, Mee Lee, Miana Lee to dismiss for lack of jurisdiction (Miota, Jacob) |
| Filing 8 SUMMONS Returned Executed by Kay Xiong Yang as to David L. Borowski on 7/17/2023, answer due 8/7/2023; Molly S. Fitzgerald on 7/17/2023, answer due 8/7/2023; Scott R. Halloin on 7/17/2023, answer due 8/7/2023; Pang Her on 7/18/2023, answer due 8/8/2023; David Blong Lee on 7/17/2023, answer due 8/7/2023; Long Lee on 7/17/2023, answer due 8/7/2023; Mee Lee on 7/17/2023, answer due 8/7/2023; Miana Lee on 7/17/2023, answer due 8/7/2023; Dena Nardi on 7/17/2023, answer due 8/7/2023; Sheila L. Shadman Emerson on 7/17/2023, answer due 8/7/2023; Brandon Shayhorn on 7/17/2023, answer due 8/7/2023; Sandy A. Williams on 7/17/2023, answer due 8/7/2023; Bee Xiong on 7/18/2023, answer due 8/8/2023; Kay Xiong on 7/17/2023, answer due 8/7/2023. (Exhibits) (Envelope postmark 7/18/2023) (ph, ) |
| Filing 7 NOTICE by Kay Xiong Yang of Change of Address. (ph, ) |
| Filing 6 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 09/27/2023 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice. (kp, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ph, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff Kay Xiong Yang. (ph, ) |
| Filing 5 SUMMONS Issued as to Defendants David L. Borowski, Molly S. Fitzgerald, Scott R. Halloin, Pang Her, David Blong Lee, Long Lee, Mee Lee, Miana Lee, Dena Nardi, Sheila L. Shadman Emerson, Brandon Shayhorn, Sandy A. Williams, Bee Xiong, Kay Xiong (Attachments: #1 as to Sandy A. Williams; David L. Borowski; Brandon Shayhorn; Dena Nardi) (ph, ) |
| Filing 3 PRO SE Appearance by Plaintiff Kay Xiong Yang. (ph, ) |
| Filing 2 CIVIL Cover Sheet. (ph, ) |
| Filing 1 COMPLAINT filed by Kay Xiong Yang; Jury Demand. (Exhibits) (ph, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (ph, ) |
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