United States of America v. All Right, Title and Interest in the Real Property and Appurtenances thereto known as 35-37 East Broadway, New York 10002 Listed as Block 280, Lot 42 in the Office of the County Clerk and Register of New York County, New York

Justia Dockets & Filings Second Circuit New York Southern District United States of America v. All Right, Title and Interest in the Real Property and Appurtenances thereto known as 35-37 East Broadway, New York 10002 Listed as Block 280, Lot 42 in the Office of the County Clerk and Register of New York County, New York

Plaintiff:	United States of America
Claimant:	Won & Har Realty Corporation and TYT East Corp
Case Number:	1:2012cv04034
Filed:	May 22, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Harold Baer
Nature of Suit:	Other
Cause of Action:	18 U.S.C. § 981
Jury Demanded By:	Defendant

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Date Filed	Document Text
August 6, 2013	Filing 105 OPINION AND ORDER: re: 29 FIRST MOTION for Summary Judgment filed by Won & Har Realty Corporation, 94 FIRST MOTION for Heng Wang to Withdraw as Attorney for TYT East Corp. filed by Heng Wang, 43 MOTION for Summary Judgment Notice of M otion filed by David Gao, 31 MOTION for Summary Judgment filed by United States of America, 76 CROSS MOTION to Dismiss and for summary judgment filed by Fen Zheng, Ji Xiong Ni, TYT East Corp. I have considered the parties' remain ing arguments and find them meritless. For the reasons stated above, the government's motion for summary judgment is GRANTED. Won & Har's motion for summary judgment is DENIED. The motion to dismiss the securities fraud claims against Ji Xi ong Ni and Fen Zheng for failure to state a claim is GRANTED. TYT's counsel's motion to withdraw is also GRANTED. If need be, a proportionality hearing in conformance with this decision will take place on September 26, 2013 and discovery will close thirty days prior to that hearing on August 27, 2013. The Clerk of Court instructed to close these motions (Docket #29, #31. #43, #76, #94) and remove them from my docket. SO ORDERED.(Signed by Judge Harold Baer on 8/06/2013) (ama)

Date Filed

Document Text

August 6, 2013

Filing 105 OPINION AND ORDER: re: 29 FIRST MOTION for Summary Judgment filed by Won & Har Realty Corporation, 94 FIRST MOTION for Heng Wang to Withdraw as Attorney for TYT East Corp. filed by Heng Wang, 43 MOTION for Summary Judgment Notice of M otion filed by David Gao, 31 MOTION for Summary Judgment filed by United States of America, 76 CROSS MOTION to Dismiss and for summary judgment filed by Fen Zheng, Ji Xiong Ni, TYT East Corp. I have considered the parties' remain ing arguments and find them meritless. For the reasons stated above, the government's motion for summary judgment is GRANTED. Won & Har's motion for summary judgment is DENIED. The motion to dismiss the securities fraud claims against Ji Xi ong Ni and Fen Zheng for failure to state a claim is GRANTED. TYT's counsel's motion to withdraw is also GRANTED. If need be, a proportionality hearing in conformance with this decision will take place on September 26, 2013 and discovery will close thirty days prior to that hearing on August 27, 2013. The Clerk of Court instructed to close these motions (Docket #29, #31. #43, #76, #94) and remove them from my docket. SO ORDERED.(Signed by Judge Harold Baer on 8/06/2013) (ama)

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Plaintiff: United States of America
Represented By:	Alexander Joshua Wilson
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Claimant: Won & Har Realty Corporation
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Claimant: TYT East Corp
Represented By:	Jonathan S. Gould
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