Eastern Profit Corporation Limited v. Strategic Vision US LLC
| 1:2018cv02185 |
| November 22, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Contract: Other |
| 28 U.S.C. ยง 1332 bc Diversity-Breach of Contract |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
385
ORDER: Final judgment was entered on July 14, 2021. Dkt. No. 377. Following the Court's Order at Dkt. No. 384, no more issues remain for resolution in this case. The Clerk of Court is respectfully directed to close the case. (Signed by Judge Lewis J. Liman on 9/30/2021) (va)
|
|
Filing
384
ORDER denying 382 Letter Motion for Extension of Time to File. Plaintiff's request for an extension of time at Dkt. No. 382 is DENIED. Plaintiff has not shown good cause nor offered any explanation whatsoever for the out of time filing; absence of prejudice alone is not sufficient. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 382. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/10/2021) (va)
|
|
Filing
372
FINDINGS OF FACT AND CONCLUSIONS OF LAW: For the reasons explained above, the Court concludes that Eastern prevails on its claim for a declaratory judgment that the Agreement is unenforceable and void, and Eastern is entitled to restitution in t he amount of the $1 million Strategic was never entitled to collect from Eastern. The Court has reviewed the remaining arguments and defenses, which fail. The parties are directed to meet and confer regarding a proposed form of judgment and to file with the Court a joint stipulation or judgment by June 29, 2021. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/22/2021) (va)
|
|
Filing
358
ORDER: To help guide the closing arguments scheduled for April 30, 2021, the parties should be prepared to address the legal implications (including relevant case cites) under the various claims asserted if the Court were to find that Strategic b reached the Research Agreement by failing to provide the research and reports on the timetable specified in that agreement and, at the same time, to also find that Eastern breached the Research Agreement by failing to make the $750,000 payment that, according to Strategic, was due in mid-February 2017. So Ordered. (Signed by Judge Lewis J. Liman on 4/28/2021) (js)
|
|
Filing
338
ORDER: The Court has received the attached letter. The Court intends to take no action on the letter since it is not framed as a motion. Counsel for each party should let the Court know by Friday, April 16, 2021 at 5:00 p.m. whether it requests that the Court to take any action on the letter. So Ordered (Signed by Judge Lewis J. Liman on 4/15/2021) (js)
|
|
Filing
337
ORDER: The Court adopts Eastern's order of witnesses and denies Strategic's request to call Wallop and Waller at the end of the case. Strategic can renew its application at the end of testimony for all witnesses in court on a showin g of good cause. The Court will review the deposition testimony in chambers. Thus, trial beginning on April 19, 2021 will be limited to opening statements and the testimony of the five live witnesses. The Court will hear closing arguments lim ited to one hour for each side (Eastern going first) on April 30, 2021 at 1:00 p.m. Such proceeding shall take place remotely. SO ORDERED. ( Telephone Conference set for 4/30/2021 at 01:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 4/12/2021) (va)
|
|
Filing
331
OPINION & ORDER: Finally, permitting Fu to testify will be unfairly prejudicial to Eastern. Fu has neither produced documents in this litigation nor been deposed and thus Eastern has no way to fairly and effectively cross-examine him, including o n his claim that he is a Chinese dissident. To require Eastern to subpoena him now for documents and to take a pretrial deposition-with trial 19 days away from the date of Strategic's request and with trial having been adjourned ten times sin ce the first amendment of the case management plan in August 2018, see Dkt. Nos. 42, 60, 76, 86, 113, 259, 287, 296, 308, 318, 321-would be unfair both in terms of cost and in delay to Eastern. Strategic's motion to supplement Fu as a witness is therefore DENIED. Dkt. No. 325. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/5/2021) (mml)
|
|
Filing
318
ORDER: The Court denies the request for a remote trial. The Southern District's standing order is scheduled to expire on February 12, 2021. The parties are directed to be ready for trial in person on 48 hours' notice on any d ate after February 12, 2021. In light of the time sensitivity, this Order is being emailed to the parties on Sunday, January 10, 2021. It will be docketed on January 11, 2021. SO ORDERED. ( Ready for Trial by 2/12/2021.) (Signed by Judge Lewis J. Liman on 1/10/2021) (va)
|
|
Filing
313
ORDER: A conference is scheduled for January 6, 2021 at 10:00 a.m. to discuss the rescheduling of trial. The parties are directed to dial into the Court's teleconference line at 888-251-2909, Access Code 2123101, and to follow the necessary prompts. ( Telephone Conference set for 1/6/2021 at 10:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 1/4/2021) (mro)
|
|
Filing
309
ORDER: Pursuant to Standing Order M-10-468, in-person operations in the Southern District of New York are suspended between December 1, 2020 through at least January 15, 2021. No. 20-mc-622 (Nov. 30, 2020), Dkt. No. 1. All civil proceedings, incl uding bench trials and hearings with witnesses, are to be conducted remotely. An in-person bench trial is scheduled in this action for January 19, 2021. If the trial cannot proceed in-person, the Court is prepared to conduct the trial remotely. Th e parties shouldfile letters by December 23, 2020 indicating their positions on proceeding with a remote bench trial in this action in the event that the Standing Order is extended. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/18/2020) (jca)
|
|
Filing
296
ORDER: The Court finds that there is good cause for adjourning the trial and adjourns it to January 11, 2021. Although Fed. R. Civ. P. 43(a) permits remote testimony, the language of that rule makes it clear that it is less preferred tha n in-person testimony. In the two prior cases that the Court heard remotely, the parties consented to the remote trial. Defense counsel here does not consent and for reasons that, on their face, appear to be reasonable, at least at the cu rrent time. The Court has the power to keep the current trial date, requiring counsel either to quarantine for 14 days or for Strategic to obtain new counsel. But, the circumstances do not appear to warrant it, and the short delay Strategic proposes will not prejudice Eastern in a case where the only relief sought is monetary. The Court will schedule trial for January 11, 2021. Trial will be held in open court, in Courtroom 15C, assuming that the courthouse remains open. If Strategic's counsel is unable to travel to New York, Strategic will have to obtain new counsel to try this case. Counsel should make sure to secure the presence of their witnesses as soon as possible. The Court will entertain Fed. R. Civ. P. 43(a) applications for remote testimony on a case-by-case basis should circumstances require. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/13/2020) (va)
|
|
Filing
291
ORDER. For the reasons stated on the record at the October 5, 2020 conference, the motions for summary judgment at Dkt. Nos. 260, 265, 271 are DENIED. As discussed at the conference, Plaintiff is directed to file a letter on ECF by October 7, 2020 at 5:00 p.m. in support of its oral motion that the Court bifurcate the issues for trial pursuant to Fed. R. Civ. P. 42(b) and addressing the Court's authority and whether it should exercise it to proceed to trial as currently scheduled on Novembe r 9, 2020, includingover the objection of the Defendantby proceeding remotely. Defendant shall submit its response by October 9, 2020 at 5:00 p.m. A bench trial is scheduled to begin in this action on November 9, 2020. The parties shall submit the jo int pretrial order by October 16, 2020. That order shall reflect that both Plaintiff and Defendant waived the right to a jury trial at the October 5, 2020 conference. SO ORDERED. Denying 260 Motion for Summary Judgment; Denying 265 Motion for Summary Judgment; Denying 271 Motion for Summary Judgment. The following hearing(s) was terminated: Jury Trial. (Signed by Judge Lewis J. Liman on 10/6/2020) (rjm)
|
|
Filing
287
ORDER: The Court has secured a civil jury for this case for the week of November 2, 2020. Accordingly, the parties are directed to appear in Courtroom 15C at 9:30 a.m. on November 2, 2020 prepared to begin trial. SO ORDERED., Jury Trial set for 11/2/2020 at 09:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 9/4/2020) (rj)
|
|
Filing
243
ORDER, It is hereby ORDERED as follows: 1. This Court finds that the scope of the questioning of Bannon sought by Defendant is overbroad and that the topics sought to be explored by Defendant with this witness are largely irrelevant to the claims or defenses asserted in this case. Therefore, so as to avoid undue burden to the witness, modification of the subpoena under Rule 45(d)(3)(A)(iv) of the Federal Rules of Civil Procedure is warranted. As discussed preliminarily with counsel, and as furth er informed by the parties' written communications to this Court thereafter, the subpoena shall be modified to allow written questions (the answers to which shall be sworn or answered under penalty of perjury by Bannon in lieu of his providing s worn in-person testimony), limited to the following, in words or substance: as further set forth herein. If Bannon answers any of these questions in the affirmative, then this Court will allow a brief deposition so that a full narrative response may be provided on the record. Any such deposition shall be scheduled at the witness's convenience, but not later than January 31, 2020. The written questions contemplated by this Order shall be served on counsel for Bannon no later than January 14 , 2020, and, absent an extension by this Court for good cause shown, written responses (sworn or expressly made under penalty of perjury) shall be provided no later January 17, 2020. SO ORDERED. (Deposition due by 1/31/2020.) (Signed by Magistrate Judge Debra C. Freeman on 1/13/2020) Copies to All counsel (via ECF). (kv)
|
|
Filing
202
ORDER: A pre-motion conference is scheduled for Tuesday, December 3, 2019, at 3:00pm. SO ORDERED. (Pre-Motion Conference set for 12/3/2019 at 03:00 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 11/21/2019) (jca)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Eastern Profit Corporation Limited v. Strategic Vision US LLC | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
