Yu et al v. Diguojiaoyu, Inc. et al
| RUILI JIN and SHANCHUN YU |
| XIANYANGLIDEYUANSHANGMAO, LLC., DIGUOJIAOYU, INC. d/b/s DIGUO EDU., SHUNTAO ZHANG a/k/a KIMI ZHANG, Diguojiaoyu, Inc., Shuntao Zhang and Xianyanglideyuanshangmao, LLC |
| 1:2018cv07303 |
| August 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Albany |
| Jesse M Furman |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 10
ANSWER to Complaint., COUNTERCLAIM against All Plaintiffs. Document filed by Shuntao Zhang(in his individual capacity), Diguojiaoyu, Inc., Shuntao Zhang(in his official capacity).(Shotkin, Isaiah)
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Filing 9
AFFIDAVIT OF SERVICE. Diguojiaoyu, Inc. served on 9/6/2018, answer due 9/27/2018; Shuntao Zhang(in his individual capacity) served on 9/6/2018, answer due 9/27/2018; Shuntao Zhang(in his official capacity) served on 9/6/2018, answer due 9/27/2018. Service was accepted by Destiny Meng, Associate. Document filed by Shanchun Yu; Ruili Jin. (Wu, King Lun)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney King Lun Wu. The party information for the following party/parties has been modified: Diguojiaoyu, Inc.; Shuntao Zhang. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party type was entered incorrectly. (sj)
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Filing 8
CIVIL COVER SHEET filed. (Wu, King Lun)
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Filing 7
CIVIL COVER SHEET filed. (Wu, King Lun)
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Filing 6
AMENDED COMPLAINT amending #1 Complaint, against Diguojiaoyu, Inc., Shuntao Zhang with JURY DEMAND.Document filed by Shanchun Yu, Ruili Jin. Related document: #1 Complaint. (Attachments: #1 Exhibit Diguo Ad 1, #2 Exhibit Diguo Ad 2, #3 Exhibit Redacted Acceptances, #4 Exhibit Diguo Ad 3, #5 Exhibit Diguo Poster, #6 Exhibit Diguo Ad and Pictures, #7 Exhibit Kimi Ig, #8 Exhibit Diguo Ad 4, #9 Exhibit Redacted Acceptances, #10 Exhibit Harvard News, #11 Exhibit Diguo Employees, #12 Affidavit Aff. of Translation)(Wu, King Lun)
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Filing 5
MEMO ENDORSEMENT on re: #4 Response to Order to Show Cause filed by Shanchun Yu, Ruili Jin. ENDORSEMENT: Plaintiffs shall file an amended complaint by September 5, 2018. The Clerk of Court is directed to terminate Xianyanglideyuanshangmao, LLC, as a defendant in this case. SO ORDERED. Xianyanglideyuanshangmao, LLC terminated. Amended Pleadings due by 9/5/2018. (Signed by Judge Jesse M. Furman on 8/29/2018) (ne)
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Filing 4
RESPONSE TO ORDER TO SHOW CAUSE re: #2 Order to Show Cause,,,. Document filed by Ruili Jin, Shanchun Yu. (Attachments: #1 Exhibit Exhibit)(Wu, King Lun)
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Filing 3
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/13/2018 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 8/14/2018) (ne)
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Filing 2
ORDER TO SHOW CAUSE: Accordingly, Plaintiffs are hereby ORDERED to show cause, by letter, no later than August 28, 2018, why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiffs are further ORDERED, in that letter, to identify the citizenship of each constituent person or entity comprising Shangmao LLC. See, e.g., Altissima Ltd. v. One Niagara LLC, No. 08-CV-756S(M), 2010 WL 3504798, at *2 (W.D.N.Y. Sept. 2, 2010) (noting that every other Court of Appeals to have considered LLC citizenship has held that an LLC has the citizenship of all of its members); Leveraged Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 47 (2d Cir. 1996) (holding that a complaint that fails to plead citizenship of relevant parties does not properly assert diversity jurisdiction). SO ORDERED. (Signed by Judge Jesse M. Furman on 8/14/2018) (ne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney King Lun Wu to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney King Lun Wu. The following case opening statistical information was erroneously selected/entered: Cause of Action code 31:3545;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332;. (jgo)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney King Lun Wu. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney King Lun Wu. The party information for the following party/parties has been modified: Shanchun Yu; Ruili Jin; Diguojiaoyu, Inc.; Shuntao Zhang; Xianyanglideyuanshangmao, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias was entered incorrectly. (jgo)
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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. (jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Ona T. Wang 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. (jgo)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-15444358)Document filed by SHANCHUN YU, RUILI JIN.(Wu, King Lun) Modified on 8/14/2018 (jgo).
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