Fei et al v. Su et al
| Richard Yuqiang Lu, Ranran Xu and Shengkang Fei |
| Weili Su and Flash Bright Power Limited |
| 1:2019cv00893 |
| January 29, 2019 |
| US District Court for the Southern District of New York |
| George B Daniels |
| Other Statutes: Arbitration |
| 09 U.S.C. § 207 |
| None |
Docket Report
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| Filing 33 CERTIFICATE OF SERVICE of Judgment by Default served on Flash Bright Power Limited on March 27, 2019. Service was accepted by SHRM Trustees (BVI) Ltd.. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Attachments: #1 Exhibit Proof of Service)(Cogburn, Christopher) |
Filing 32
JUDGMENT BY DEFAULT: IT IS on this 26th day of March, 2019 ORDERED that the Arbitration Award issued on May 25, 2018 is hereby confirmed; and it is further ORDERED that judgment is entered against Flash Bright: in favor of Shengkang Fei in the amount of US $8,052,881.89; in favor of Richard Yuqiang Lu in the amount of US $4,831,729.13; in favor of Ranran Xu in the amount of US $402,644.09; in favor of Petitioners Shengkang Fei, Richard Yuqiang Lu, and Ranran Xu jointly in the amount of US $491,548.70; and post-judgment interest to run on the above amounts pursuant to 28 U.S.C. 1961. AND IT IS FURTHER ORDERED that the within Order be served upon Respondent Flash Bright Power Limited within days of the date of this Order by the following means: hand delivery upon SHRM Trustees (BVI) Limited, the registered agent authorized to accept service of process on behalf of Flash Bright Partner Limited (Flash Bright Power Limited terminated.) (Signed by Judge George B. Daniels on 3/26/2019) (jwh)
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| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #28 Proposed Default Judgment was reviewed and approved as to form. (dt) |
| Filing 31 CERTIFICATE OF SERVICE of Notice of Motion for Default Judgment (with supporting documents) served on Flash Bright Power Limited on March 25, 2019. Service was made by Mail. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Cogburn, Christopher) |
| Filing 30 DECLARATION of Christopher Cogburn in Support re: #27 MOTION for Default Judgment as to Flash Bright Power Limited.. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Attachments: #1 Exhibit Flash Bright Power Limited Company Profile, #2 Exhibit Certificate of Default, #3 Exhibit Hong Kong Judicial Interest Rates, #4 Exhibit HKD-USD Exchange Rate)(Cogburn, Christopher) |
| Filing 29 STATEMENT OF DAMAGES. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu.(Cogburn, Christopher) |
| Filing 28 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Cogburn, Christopher) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 27 MOTION for Default Judgment as to Flash Bright Power Limited. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu.(Cogburn, Christopher) |
| Filing 26 ATTACHMENT BOND # K15301855 in the amount of $ 100,000.00 posted by Shengkang Fei, Richard Yuqiang Lu, and Ranran Xu. (dt) |
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Filing 25
ORDER OF PREJUDGMENT ATTACHMENT: IT IS HEREBY ORDERED that: 1. This Order of Attachment is granted in favor of Petitioners Shengkang Fei, Richard Yuqiang Lu, and Ranran Xu, and against Respondent Flash Bright Power Limited. 2. The amount to be secured by this Order of Attachment, including interests, costs,and sheriff's or marshal's fees and expenses, shall be US $13,741,439.85. 3. You are commanded to levy within your jurisdiction at any time before final judgment upon the personal property of Respondent Flash Bright Power Limited, specifically, 13,386,013 ADRs in Sky Solar Holdings Limited, for the purpose of securing and satisfying the aforesaid sum. 4. Petitioners shall, within five business days after the entry of this Order of Attachment, file an undertaking in the amount of $100,000, conditioned as required by N.Y. CPLR 6212(b). IT IS SO ORDERED. (Signed by Judge George B. Daniels on 3/19/2019) (ama)
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| Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 3/19/2019 re: #14 Order to Show Cause,,,,,. Plaintiff Counsel: Christopher Cogburn and Court Reporter present. The initial conference is scheduled for May 1, 2019 at 9:30 a.m. (Vega, Elizabeth) |
| Filing 24 CLERK'S CERTIFICATE OF DEFAULT as to Flash Bright Power Limited. (km) |
| Filing 23 DECLARATION of Christopher S. Cogburn in Support re: #22 Proposed Clerk's Certificate of Default,. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Cogburn, Christopher) |
| Filing 22 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Cogburn, Christopher) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 21 DECLARATION of Christopher S. Cogburn in Support re: #20 Proposed Clerk's Certificate of Default,. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Cogburn, Christopher) |
| Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Attachments: #1 Exhibit Proposed Certificate of Default) (Cogburn, Christopher) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 3/18/2019 (km). |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #17 Proposed Order was reviewed and approved as to form. (dt) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Christopher Cogburn. RE-FILE Document No. #20 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Please refer to ECF Rule 16.1. The request to enter default is no longer needed. Re-file the proposed clerk's certificate as one entry, then file the affidavit in support as a separate entry. (Filed under other answers, affidavit in support of a non-motion). The clerk's certificate that was filed on the docket is not as to form. Please use the sample clerk's certificate that is on our website under forms.(km) |
| Filing 19 DECLARATION of Shengkang Fei in Support re: #14 Order to Show Cause,,,,,. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Attachments: #1 Exhibit Kang Affirmation, #2 Exhibit SSHK Register of Members, #3 Exhibit 2017 Annual Report, #4 Exhibit Discredited Persons Record, #5 Exhibit Stock Purchase Agreement)(Cogburn, Christopher) |
| Filing 18 DECLARATION of Christopher S. Cogburn in Support re: #14 Order to Show Cause,,,,,. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Cogburn, Christopher) |
| Filing 17 PROPOSED ORDER. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. Related Document Number: #14 . (Cogburn, Christopher) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 16 MEMORANDUM OF LAW in Support re: #14 Order to Show Cause,,,,, . Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Cogburn, Christopher) |
| Filing 15 CERTIFICATE OF SERVICE of Order to Show Cause for Prejudgment Attachment and Temporary Restraining Order served on Flash Bright Power Limited on March 14, 2019. Service was accepted by SHRM Trustees (BVI) Ltd.. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Attachments: #1 Exhibit Proof of Service)(Cogburn, Christopher) |
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Filing 14
ORDER TO SHOW CAUSE FOR PREJUDGMENT ATTACHMENT AND TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that Respondent Flash Bright Power Limited show cause before this Court on March 19, 2019 at 10:00 a.m. before the Honorable George B. Daniels, United States District Court Judge, in Courtroom 11 A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007, why the Court should not issue an order of prejudgment attachment as to Respondent Flash Bright Power Limited's 13,386,013 American depositary receipts (ADRs) in Sky Solar Holdings Limited, representing approximately l 07,088, 104 ordinary shares of stock in Sky Solar Holdings Limited. IT IS FURTHER ORDERED that, to promptly notify Respondent Flash Bright Power Limited of this Order to Show Cause and Temporary Restraining Order and Petitioner's Motion for Prejudgment Attachment, Petitioners shall serve this Order and all supporting papers on Respondent Flash Bright Power Limited on or before March 14, 2019 at 5:00 p.m., by any of the following methods: on the current registered agent designated by law to accept service of process on behalf of the Defendant. SO ORDERED. Show Cause Hearing set for 3/19/2019 at 10:00 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 3/13/2019) (kv)
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Filing 13
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #12 Motion for Christopher Stone Cogburn to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/13/2019) (rjm)
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| Filing 12 MOTION for Christopher S. Cogburn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16483556. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing (Georgia), #3 Exhibit Certificate of Good Standing (New York), #4 Text of Proposed Order)(Cogburn, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Christopher S. Cogburn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16483556. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint served on Flash Bright Power Limited on February 22, 2019. Service was accepted by SHRM Trustees (BVI) Ltd.. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Han, John) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Flash Bright Power Limited. (dnh) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Weili Su. (dnh) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Flash Bright Power Limited, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Han, John) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Weili Su, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Han, John) |
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Filing 6
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/1/2019 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. SO ORDERED. (Signed by Judge George B. Daniels on 1/30/2019) (jca)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Han. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.; the Fee Status code has been modified to pd (paid). (sj) |
| Magistrate Judge Gabriel W. Gorenstein 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 5 CIVIL COVER SHEET filed. (Han, John) |
| Filing 4 DECLARATION of John Han in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Attachments: #1 Exhibit Final Award, #2 Exhibit Shareholders Agreement, #3 Exhibit Interest Calculation, #4 Exhibit Interest on Hong Kong Judgments, #5 Exhibit New York Convention Contracting States, #6 Exhibit Stock Quote)(Han, John) |
| Filing 3 DECLARATION of Shengkang Fei in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu. (Han, John) |
| Filing 2 BRIEF re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration . Document filed by Shengkang Fei, Richard Yuqiang Lu, Ranran Xu.(Han, John) |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-16263207).Document filed by Shengkang Fei, Ranran Xu, Richard Yuqiang Lu.(Han, John) |
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