Sui-Yang Huang v. Advanced Battery Technologies, Inc.

Justia Dockets & Filings Second Circuit New York Southern District Sui-Yang Huang v. Advanced Battery Technologies, Inc.

Sui-Yang Huang v. Advanced Battery Technologies, Inc.

Plaintiff:	Sui-Yang Huang
Defendant:	Advanced Battery Technologies, Inc.
Case Number:	1:2009cv08297
Filed:	September 30, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of U.S.
Presiding Judge:	Harold Baer
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	None

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Date Filed	Document Text
March 8, 2011	Filing 42 OPINION & ORDER: As discussed above, it is reasonable to conclude that a Chinese court could exercise jurisdiction over this dispute. Given Plaintiff's failure to submit this Court's Opinion and Stipulation to the Shenzhen Court, it appears that he has not pursued his claims in China with any real diligence. For the foregoing reasons, Plaintiff's reinstatement request is DENIED. (Signed by Judge Harold Baer on 3/8/2011) (mro)
May 26, 2010	Filing 33 OPINION AND ORDER re: 8 MOTION to Dismiss Notice of Motion. For the foregoing reasons, Defendant's motion to dismiss for forum non conveniens is GRANTED and the case is dismissed. The dismissal is conditioned on the Chinese forum's accep tance of jurisdiction over the dispute, the above-detailed stipulations made by Defendant, and Plaintiff's ability, if he so chooses, to being the action in a court near his residence in China. The Clerk of the Court is instructed to close the case and remove it from my docket. (Signed by Judge Harold Baer on 5/26/10) (djc)

Date Filed

Document Text

March 8, 2011

Filing 42 OPINION & ORDER: As discussed above, it is reasonable to conclude that a Chinese court could exercise jurisdiction over this dispute. Given Plaintiff's failure to submit this Court's Opinion and Stipulation to the Shenzhen Court, it appears that he has not pursued his claims in China with any real diligence. For the foregoing reasons, Plaintiff's reinstatement request is DENIED. (Signed by Judge Harold Baer on 3/8/2011) (mro)

May 26, 2010

Filing 33 OPINION AND ORDER re: 8 MOTION to Dismiss Notice of Motion. For the foregoing reasons, Defendant's motion to dismiss for forum non conveniens is GRANTED and the case is dismissed. The dismissal is conditioned on the Chinese forum's accep tance of jurisdiction over the dispute, the above-detailed stipulations made by Defendant, and Plaintiff's ability, if he so chooses, to being the action in a court near his residence in China. The Clerk of the Court is instructed to close the case and remove it from my docket. (Signed by Judge Harold Baer on 5/26/10) (djc)

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Plaintiff: Sui-Yang Huang
Represented By:	John J. O'Connell
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Defendant: Advanced Battery Technologies, Inc.
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