Jiangsu Guotai International Group Guomao Corporation v. JAD International Incorporation et al
Jiangsu Guotai International Group Guomao Corporation and Jiangsu Guotai International Group Guomao Corporation, Limited |
Alen Chen, Joe Zhang, John Doe, Imarginx Group Corporation, JAD International Incorporation, James Downey, Aideo Shao, XYZ Corp, John and Jane Doe(s) 1-10 and XYZ Corp(s), 1-10 |
1:2018cv02699 |
March 27, 2018 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Jesse M Furman |
Contract: Recovery/Enforcement |
28 U.S.C. § 1330 Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on March 15, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 41 MEMORANDUM OPINION AND ORDER re: #37 FIRST MOTION to Dismiss 2nd Amended Compalint filed by James Downey, JAD International Incorporation, Imarginx Group Corporation. Accordingly, the Clerk of Court is directed to (1) terminate John and Jane Doe(s) 1-10 and XYZ Corp(s) 1-10 as parties; (2) terminate Docket No. 37; and (3) administratively close the case, without prejudice to either party moving by letter motion to reopen the case within thirty days of the conclusion of the arbitration proceedings. SO ORDERED. John and Jane Doe(s) 1-10 and XYZ Corp(s), 1-10 terminated. (Signed by Judge Jesse M. Furman on 3/15/2019) (ne) |
Filing 40 REPLY to Response to Motion re: #37 FIRST MOTION to Dismiss 2nd Amended Compalint. . Document filed by James Downey, Imarginx Group Corporation, JAD International Incorporation. (Kao, Huai-Hung) |
Filing 39 FIRST MEMORANDUM OF LAW in Opposition re: #37 FIRST MOTION to Dismiss 2nd Amended Compalint. . Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Plaintiff's Affidavit and Exhibits, from the record)(Wong, Valerie) |
Filing 38 FIRST MEMORANDUM OF LAW in Support re: #37 FIRST MOTION to Dismiss 2nd Amended Compalint. . Document filed by James Downey, Imarginx Group Corporation, JAD International Incorporation. (Kao, Huai-Hung) |
Filing 37 FIRST MOTION to Dismiss 2nd Amended Compalint. Document filed by James Downey, Imarginx Group Corporation, JAD International Incorporation.(Kao, Huai-Hung) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Huai-Hung Danny Kao to RE-FILE Document #35 FIRST MOTION to Dismiss 2nd Amended Compalint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
Filing 36 ORDER denying as moot #27 Motion to Dismiss. In light of Defendants new motion to dismiss, filed yesterday, Defendants earlier motion to dismiss is denied as moot. Plaintiff shall file any opposition to the new motion within two weeks of the mew motion being filed; any reply shall be filed within one week of the opposition. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 35 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss 2nd Amended Compalint. Document filed by James Downey, Imarginx Group Corporation, JAD International Incorporation. (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Kao, Huai-Hung) Modified on 8/17/2018 (ldi). |
Filing 34 NOTICE OF APPEARANCE by Huai-Hung Danny Kao on behalf of James Downey, Imarginx Group Corporation, JAD International Incorporation. (Kao, Huai-Hung) |
Filing 33 SECOND AMENDED COMPLAINT amending #30 Amended Complaint, #9 Amended Complaint, against James Downey, Imarginx Group Corporation, JAD International Incorporation, John and Jane Doe(s) 1-10, XYZ Corp(s), 1-10.Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. Related document: #30 Amended Complaint, #9 Amended Complaint,.(Wong, Valerie) |
Filing 32 ORDER granting #31 Letter Motion for Leave to Re-File Second Amended Complaint. Plaintiff shall re-filed the Second Amended Complaint by July 25, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 31 LETTER MOTION for Leave to File for Permission to re-file Second Amended Complaint addressed to Judge Jesse M. Furman from Valerie Y. C. Wong, Esq. dated July 20, 2018. Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited.(Wong, Valerie) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Valerie Ying chen Wong to RE-FILE Document No. #30 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; The amended complaint was incorrectly filed on the due date so permission from Chambers will have to be acquired for the correctly filed amended complaint to be accepted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
Filing 30 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending #9 Amended Complaint, against James Downey, Imarginx Group Corporation, JAD International Incorporation.Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. Related document: #9 Amended Complaint,.(Wong, Valerie) Modified on 7/20/2018 (pc). |
Filing 29 ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by July 19, 2018. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff, stating that it relies on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. It is further ORDERED that if no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by July 19, 2018. Defendants reply, if any, shall be served by July 26, 2018. At the time any reply is served, the moving party shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for July 26, 2018 is adjourned sine die. (Amended Pleadings due by 7/19/2018.) (Signed by Judge Jesse M. Furman on 6/29/2018) (ne) Modified on 9/18/2018 (ne). |
Filing 28 JOINT MEMORANDUM OF LAW in Support re: #27 JOINT MOTION to Dismiss . . Document filed by JAD International Incorporation. (Rhoads, Donald) |
Filing 27 JOINT MOTION to Dismiss . Document filed by JAD International Incorporation.(Rhoads, Donald) |
Filing 26 ORDER granting #25 Letter Motion for Extension of Time. The deadline for Imarginx Group Corp. to answer or otherwise respond to the complaint is hereby extended to June 28, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 25 FIRST LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Donald Rhoads dated June 6, 2018. Document filed by Imarginx Group Corporation.(Rhoads, Donald) |
Filing 24 ORDER granting #23 Letter Motion to Adjourn Conference. The initial pretrial conference scheduled for July 5, 2018, is adjourned to July 26, 2018, at 4:00 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 23 LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Valerie Y. C. Wong, Esq. dated June 4, 2018. Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited.(Wong, Valerie) |
Filing 22 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. JAD International Incorporation served on 5/22/2018, answer due 6/12/2018. Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. (Wong, Valerie) |
Filing 21 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Imarginx Group Corporation served on 5/22/2018, answer due 6/12/2018. Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. (Wong, Valerie) |
Filing 20 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. James Downey served on 5/7/2018, answer due 5/29/2018. Service was accepted by Aideo Shao - Co Worker. Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. (Wong, Valerie) |
Filing 19 NOTICE OF APPEARANCE by Donald Luther Rhoads on behalf of James Downey. (Rhoads, Donald) |
Filing 18 ORDER granting #17 Letter Motion for Extension of Time to Answer. The deadline for Defendants JAD International Incorporation and James Downey to answer or otherwise move is extended to June 28, 2018. In addition, the initial pretrial conference scheduled for June 28, 2018, is adjourned to July 5, 2018, at 3:45 p.m. Finally, counsel for James Downey is directed to enter an appearance. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) |
Filing 17 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Donald Rhoads dated 05/25/18. Document filed by JAD International Incorporation.(Rhoads, Donald) |
Filing 16 DECLARATION of Li Ping Lin in Support re: #14 Order,. Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. (Attachments: #1 Exhibit Purchase Orders, #2 Exhibit Purchase Orders, #3 Exhibit Email Communication, #4 Exhibit Instant Messenger, #5 Exhibit Email Communication, #6 Exhibit Purchase Orders, #7 Exhibit Email Communication, #8 Exhibit Sales Contracts, #9 Exhibit Instant Messenger, #10 Exhibit Email Communication, #11 Exhibit Instant Messenger, #12 Exhibit Instant Messenger, #13 Exhibit News Article, #14 Exhibit News Article)(Wong, Valerie) |
Filing 15 MEMORANDUM OF LAW in Support re: #14 Order, . Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. (Attachments: #1 Exhibit Memo Exhibit 1, Amended Complaint)(Wong, Valerie) |
Filing 14 ORDER: On April 18, 2018, Plaintiff delivered a proposed Order to Show Cause to the Court. For the reasons stated on the record at conference held earlier today, that Order is denied without prejudice. Plaintiff is directed to file on ECF, by April 25, 2018, all submissions it had made in support of the proposed Order. (Signed by Judge Jesse M. Furman on 4/20/2018) (ap) |
Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 4/20/2018. Valerie Ying chen Wong and Antony Lembersky present for Plaintiffs. No one present for Defendants. Court reporter present. (ab) |
Filing 13 ORDER: Today, counsel for Plaintiff hand delivered a proposed Order to Show Cause to the Court. Counsel for Plaintiff shall appear for a conference with the Court on April 20, 2018 at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York to address the proposed Order to Show Cause. SO ORDERED. Show Cause Hearing set for 4/20/2018 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 4/18/2018) (ama) |
Filing 12 ELECTRONIC AMENDED SUMMONS ISSUED as to James Downey, Imarginx Group Corporation, JAD International Incorporation. (sj) |
Filing 11 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Jad Internation Incorporation, Imarginx Group Corporation, James Downey, John and Jane Doe(s) 1-10, and XYZ Corp(s), 1-10, re: #9 Amended Complaint,. Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. (Wong, Valerie) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Valerie Ying chen Wong. The party information for the following party/parties has been modified: Jiangsu Guotai International Group Guomao Corporation. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Valerie Ying chen Wong to RE-FILE Document No. #10 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s):Summons PDF not reflected as "Amended"; plaintiff party name error in summons caption; and docket entry error, enter party names as to whom summons is issued for in docket entry when prompted. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
Filing 10 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to, re: #9 Amended Complaint,. Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. (Wong, Valerie) Modified on 4/13/2018 (vf). |
Filing 9 FIRST AMENDED COMPLAINT amending #1 Complaint, #4 Complaint, against James Downey, Imarginx Group Corporation, JAD International Incorporation, John and Jane Doe(s) 1-10, XYZ Corp(s), 1-10.Document filed by Jiangsu Guotai International Group Guomao Corporation, Limited. Related document: #1 Complaint, #4 Complaint,.(Wong, Valerie) |
Filing 8 ELECTRONIC SUMMONS ISSUED as to Alen Chen, James Downey, Imarginx Group Corporation, JAD International Incorporation, Aideo Shao, Joe Zhang. (jgo) |
Filing 7 ORDER TO SHOW CAUSE: Plaintiff is hereby ordered, by no later than April 12, 2018, to amend its complaint to include the citizenship of all parties. If any Defendant is a citizen of China (or other country outside the United States), Plaintiff shall show cause by the same date why the case should not be dismissed for lack of subject-matter jurisdiction. Should Plaintiff file papers showing cause, Defendants shall file any reply by April 19, 2018. Plaintiff shall promptly serve a copy of this Order on Defendants and file proof of such service on the docket. (Amended Pleadings due by 4/12/2018. Replies due by 4/19/2018.) (Signed by Judge Jesse M. Furman on 3/29/2018) (ras) |
Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 28, 2018 at 3:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, and as further set forth herein. (Initial Conference set for 6/28/2018 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/29/2018) (ras) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to JAD International Incorporation, Imarginx Group Corporation, James Downey, Alen Chen, Joe Zhang, Aideo Shao, re: #4 Complaint,. Document filed by Jiangsu Guotai International Group Guomao Corporation. (Attachments: #1 Supplement List of all Defendants)(Wong, Raymond) |
Filing 4 COMPLAINT against Alen Chen, James Downey, Imarginx Group Corporation, JAD International Incorporation, John and Jane Doe(s) 1-10, Aideo Shao, XYZ Corp(s), 1-10, Joe Zhang. Document filed by Jiangsu Guotai International Group Guomao Corporation.(Wong, Raymond) |
Filing 3 CIVIL COVER SHEET filed. (Wong, Raymond) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Raymond H. Wong. The party information for the following parties has been modified: John and Jane Doe(s) 1-10, and XYZ Corp(s), 1-10. The information for the parties has been modified for the following reason: party name contained a typographical error. (pne) |
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Raymond H. Wong. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Raymond H. Wong to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason: No party for whom the Summons is being requested for was entered in the docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) |
Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
Case Designated ECF. (pne) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Raymond H. Wong to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason: the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the INDIVIDUALLY named filer/filers - select the INDIVIDUALLY named party/parties the pleading is against. (pne) |
Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Jiangsu Guotai International Group Guomao Corporation. (Attachments: #1 Supplement List of all Defendants)(Wong, Raymond) Modified on 3/28/2018 (pne). |
Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-14861125)Document filed by Jiangsu Guotai International Group Guomao Corporation.(Wong, Raymond) Modified on 3/28/2018 (pne). |
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