Vasquez et al. v. Hong Kong and Shanghai Banking Corporation, Ltd. et al.
| Rigoberto Vasquez and Eva Garcia |
| HSBC Bank, U.S.A, NA, Hong Kong and Shanghai Banking Corporation, Ltd. and DOES 1 through 100 inclusive |
| 1:2018cv01876 |
| March 1, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Engelmayer |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1961 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
142
CLERK'S JUDGMENT re: 141 Memorandum & Opinion in favor of Hong Kong and Shanghai Banking Corporation, Ltd., against Eva Garcia, Rigoberto Vasquez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated August 10, 2020, the claims against HSBC Hong Kong are dismissed, without prejudice, for lack of jurisdiction under Rule 12(b)(2). Given this dismissal, the Court does not consider the arguments made by HSBC Hong Kong in its earlier- filed Rule 12(b)(6) motion; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 8/10/2020) (Attachments: # 1 Right to Appeal) (km)
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Filing
133
ORDER granting 128 Motion to Seal Document. The Court has reviewed plaintiffs' proposed redactions for Exhibits 1, 2, 3, 4, 6, and 8. The Court grants plaintiffs' request and directs plaintiffs to file the redacted versions of Exhibits 1, 2, 3, 4, 6, and 8 on the public docket by Friday, December 27, 2019. By that same date, plaintiffs are also instructed to file under seal the unredacted versions of each of these exhibits. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/23/2019) (ks)
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Filing
127
ORDER denying 125 Motion to Seal Document: Denied. Plaintiffs; counsel is instructed to email the Court proposed redacted versions of each exhibit, as he did with the declarations, along with a letter explaining why counsel believes those redacti ons are warranted. If plaintiffs' counsel believes an entire exhibit should be filed under seal, counsel, in the accompanying letter, is to provide his reasons for seeking to file that exhibit under seal. Counsel should refer to Rule 4.B of the Court's Individual Rules for further instruction. Counsel must email the proposed redactions and letter explanation by December 11, 2019. (Signed by Judge Paul A. Engelmayer on 12/9/2019) (jwh)
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Filing
92
OPINION AND ORDER re: 88 MOTION for Reconsideration re; 85 Memorandum & Opinion, Add and Terminate Parties (Motion for Reconsideration of Order Regarding Motion to Dismiss the First Amended Complaint) filed by Hong Kong and Sha nghai Banking Corporation, Ltd. For the foregoing reasons, the Court denies HSBC Hong Kong's motion for reconsideration. The Court directs HSBC Hong Kong and plaintiffs to file, within one week of this Opinion, a new joint letter proposing a discovery schedule to be completed within approximately two months of today. The Clerk of Court is respectfully requested to deny the motion pending at Dkt. 88. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/19/2019) (ne)
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Filing
85
OPINION & ORDER re: 58 MOTION to Strike Document No. 45 - Class Allegations From First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(f), 23(c)(1)(A), and 23(d)(1)(D) filed by Hong Kong and Shanghai Banking Corporation, Ltd., HSBC Bank, U.S.A, NA, 54 MOTION to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b) filed by HSBC Bank, U.S.A, NA, 56 MOTION to Dismiss First Amended Complai nt Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b) filed by Hong Kong and Shanghai Banking Corporation, Ltd., 48 MOTION to Dismiss First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) fi led by Hong Kong and Shanghai Banking Corporation, Ltd. For the foregoing reasons, as to HSBC USA, the Court grants the motion to dismiss the claims against it. The dismissal is with prejudice. As to HSBC Hong Kong, however, the Court grants pl aintiffs' request for jurisdictional discovery as to the issue of personal jurisdiction, so as to enable the Court to resolve HSBC Hong Kong's motion to dismiss under Rule 12(b)(2). The Court directs HSBC Hong Kong and plaintiffs to file , by June 10, 2019, a joint letter proposing a discovery schedule to be completed within approximately two months of today. The Court denies, without prejudice, HSBC Hong Kong's motions to dismiss and to strike class allegations, without prejud ice to the right of HSBC Hong Kong to renew such motions if the motion to dismiss for lack of personal jurisdiction is denied. The Clerk of Court is respectfully requested to terminate the motions pending at Dkts. 48, 54, 56, and 58, and to terminate HSBC USA as a defendant in this case. SO ORDERED. (HSBC Bank, U.S.A, NA (a National Banking Association) terminated.) (Signed by Judge Paul A. Engelmayer on 5/29/2019) (anc)
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