Chen v. China Green Agriculture Inc
| Gang Chen |
| Yongcheng Yang, China Green Agriculture Inc and Zhuoyu Li |
| 1:2020cv09232 |
| November 4, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Securities/Commodities |
| 28 U.S.C. § 1331 sv |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 53
LETTER MOTION for Leave to File sur-reply re new facts raised in reply addressed to Judge Mary Kay Vyskocil from Angus Ni dated December 17, 2020. Document filed by China Green Agriculture Inc, Zhuoyu Li, Yongcheng Yang. (Attachments: #1 Exhibit A).(Ni, Angus)
|
|
Filing 52
REPLY to Response to Motion re: #45 MOTION to Serve. replacement for errored ECF51-4. Document filed by Gang Chen. (Attachments: #1 Exhibit Major subsidiaries ownership and registration changed).(Chen, Gang)
|
|
Filing 51
REPLY to Response to Motion re: #45 MOTION to Serve. . Document filed by Gang Chen. (Attachments: #1 Holding Foreign Company Accountable Act, #2 US Auditor resigned, #3 Annual report huge loss going concern, #4 Subsidiaries ownership changed, #5 Covid 19 in China).(Chen, Gang)
|
|
Filing 50
MEMORANDUM OF LAW in Opposition re: #45 MOTION to Serve. . Document filed by Zhuoyu Li, Yongcheng Yang..(Ni, Angus)
|
|
Mailed a copy of #49 Order on Motion for Permission for Electronic Case Filing,,,,, to Gang Chen at 5493 Antigua Circle Vero Beach, FL 32967..(rz)
|
|
Filing 49
ORDER granting #44 Motion for Permission for Electronic Case Filing. The Court has received numerous letters from the Parties in this action regarding motion practice, service issues, and setting a schedule for the action moving forward. The following schedule will govern the case moving forward. IT IS HEREBY ORDERED that on or before December 1, 2020, Defendants (to the extent they have appeared in this action) must respond to Plaintiff's motion for alternative service. Plaintiff may file a reply to the opposition on or before December 11, 2020. IT IS FURTHER ORDERED that Plaintiffs application for access to electronic case filing [ECF No. 44] is GRANTED. The Clerk of Court respectfully is requested to ensure Plaintiff has been assigned an e-filing account and will receive Notices of Electronic Filing in this case. IT IS FURTHER ORDERED that the Parties must appear for a Pre-Motion Conference addressing Defendants anticipated motion to dismiss on January 6, 2021 at 11:00AM. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. The Court will mail a copy of this Order to Plaintiff from Chambers. However, following this Order, because Plaintiff has consented to e-filing, the Court will not mail documents to Plaintiff. (Signed by Judge Mary Kay Vyskocil on 11/23/2020) (mro) Transmission to Attorney Services/Help Desk. Modified on 11/23/2020 (mro).
|
|
Set/Reset Deadlines: ( Responses due by 12/2/2020, Replies due by 12/11/2020.), Set/Reset Hearings:( Telephone Conference set for 1/6/2021 at 11:00 AM before Judge Mary Kay Vyskocil.) (mro)
|
|
Filing 48
LETTER addressed to Judge Mary Kay Vyskocil from Gang Chen, dated 11/19/20 re: "LETTER RESPONSE TO (ECF 42) DEFENDANT'S ANTICIPATED MOTION"- This letter responds to Defendant China Green Agriculture, Inc.'s submitted letter application for a pre-motion conference in connection with its anticipated motion to dismiss Plaintiff's Complaint etc. Therefore, Defendant's anticipated motion to dismiss Plaintiff's Complaint is groundless. Plaintiff has enough evidence to prove that, and all detailed materials will be provided in the discovery stage. Defendant should directly fulfill their legal requirement to answer Plaintiff's Complaint. Document filed by Gang Chen.(sc)
|
|
Filing 47
LETTER addressed to Judge Mary Kay Vyskocil from Gang Chen dated 11/16/20 re: "LETTER IN RESPONSE TO DEFENDANT'S SCHEDULING REQUEST"- The Defendants' proposed schedule plan is very consistent with one of their basic established legal tactics: procrastination, which the plaintiff pointed out very early(ECF 18, 1.B)2). They planned and tried best to drag the case as long as possible and successfully made the action to last more than five months; and still they have not even answered Plaintiff's complaint. Document filed by Gang Chen.(sc)
|
|
Filing 46
MEMORANDUM OF LAW IN SUPPORT OF EXPEDITED MOTION FOR ORDER AUTHORIZING SUBSTITUTE SERVICE, re: #45 MOTION to Serve. Document filed by Gang Chen. (sc)
|
|
Filing 45
NOTICE OF MOTION FOR EXPEDITED ORDER FOR SUBSTITUTE SERVICE, re: to grant the plaintiff's expedited motion for order authorizing service on defendants through their designated counsel purs. to Fed. Rule of Civ. Procedure 4(f). Document filed by Gang Chen.(sc)
|
|
Filing 44
MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, re: for Permission for Gang Chen to participate in electronic case filing in this case. Document filed by Gang Chen.(sc)
|
|
Filing 43
FIRST LETTER MOTION for Extension of Time Re Scheduling of the Parties' Motions addressed to Judge Mary Kay Vyskocil from Angus Ni dated November 16, 2020. Document filed by China Green Agriculture Inc. (Attachments: #1 Exhibit A).(Ni, Angus)
|
|
Filing 42
LETTER MOTION for Conference Re Motion to Dismiss the Complaint addressed to Judge Mary Kay Vyskocil from Angus Ni dated November 16, 2020. Document filed by China Green Agriculture Inc..(Ni, Angus)
|
|
Filing 41
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by China Green Agriculture Inc..(Ni, Angus)
|
|
Filing 40
NOTICE OF APPEARANCE by Angus Ni on behalf of China Green Agriculture Inc..(Ni, Angus)
|
|
Filing 39
INFORMATION PACKAGE MAILED to Gang Chen 5493 Antigua Circle Vero Beach, FL 32967, at, on 11/10/2020 Re: #37 Order of Service via MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 2 copies of Summons(es) mailed. (ta)
|
|
Filing 38
SUMMONS ISSUED as to Zhuoyu Li and Yongcheng Yang. (ta)
|
|
Filing 37
ORDER OF SERVICE: Plaintiff, who is proceeding pro se, paid the filing fees to commence this action. The Clerk of Court is directed to issue summonses as to Defendants Zhuoyu Li and Yongcheng Yang. Plaintiff is directed to serve the summons and complaint on each Defendant within 90 days of the issuance of the summons. If within those 90 days, Plaintiff has not either served Defendants or requested an extension of time to do so, the Court may dismiss the claims against Defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/09/2020) (ama) Transmission to Pro Se Assistants for processing.
|
|
Filing 35
CASE TRANSFERRED IN from the United States District Court - District of Florida Southern; Case Number: 2:20-cv-14181. Original file certified copy of transfer order and docket entries received. (sjo)
|
|
Case Designated ECF. (sjo)
|
|
Magistrate Judge Stewart D. Aaron 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb)
|
|
NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Unassigned is no longer assigned to the case..(wb)
|
|
Filing 34
Transferring Case To The United States District Court For The Southern District Of New York. Order #27 Motion for Imposition of Vexatious Litigation Attorneys' Fees. The Clerk of Court is directed to CLOSE the case file in this District and terminate any other pending motions in this file as MOOT. Signed by Judge Kenneth A. Marra on 11/2/2020. See attached document for full details. (kpe) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 33
RESPONSE TO ORDER TO SHOW CAUSE by Zhuoyu Li, Yongcheng Yang, China Green Agriculture Inc. (Green, Ishmael) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 32
RESPONSE TO ORDER TO SHOW CAUSE re #31 Order to Show Cause, by Gang Chen. (amb) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 31
ORDER TO SHOW CAUSE as to why this action should not be transferred to the Southern District of New York or other proper forum under 28 U.S.C. Section 1404(a). Signed by Judge Kenneth A. Marra on 9/28/2020. See attached document for full details. (ir) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 30
REPLY to Response to Motion re #27 MOTION for Attorney Fees filed by China Green Agriculture Inc, Zhuoyu Li, Yongcheng Yang. (Attachments: #1 Affidavit A)(Green, Ishmael) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 29
RESPONSE to Motion re #27 MOTION for Attorney Fees filed by Gang Chen. Replies due by 9/25/2020. (amb) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 28
REPLY to #26 Response to Motion re #20 MOTION for Order Authorizing Substituted Service filed by Gang Chen. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 27
MOTION for Attorney Fees by China Green Agriculture Inc, Zhuoyu Li, Yongcheng Yang. Responses due by 9/18/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit A, #5 Affidavit B)(Green, Ishmael) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 26
RESPONSE in Opposition re #24 MOTION to Amend/Correct, #20 MOTION for Order Authorizing Substituted Service filed by China Green Agriculture Inc, Zhuoyu Li, Yongcheng Yang. Replies due by 9/11/2020. (Attachments: #1 Affidavit A, #2 Affidavit B, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Green, Ishmael) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 25
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gang Chen. China Green Agriculture Inc served on 9/3/2020, answer due 9/24/2020. (amb) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 24
MOTION/ Amendment to Motion for Order Authorizing Substituted Service to by Gang Chen. Responses due by 9/17/2020 (amb) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 22
Clerks Notice of Docket Correction re #23 Declaration re #20 MOTION for Order Authorizing Substituted Service. Please note the declaration attached to DE#20 did not include all pages. See DE#23 for complete declaration. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 23
Declaration by Gang Chen re #20 MOTION for Order Authorizing Substituted Service. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 21
(DOCKETED IN ERROR) - Declaration by Gang Chen re #20 MOTION for Order Authorizing Substituted Service. (scn) Text Modified on 8/24/2020. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 20
MOTION for Order Authorizing Substituted Service by Gang Chen. (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Exhibits, #4 Proposed Order)(scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 19
REPLY to Response to Motion re #17 MOTION to Dismiss #1 Complaint filed by China Green Agriculture Inc, Zhuoyu Li, Yongcheng Yang. (Green, Ishmael) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 18
RESPONSE in Opposition re #17 MOTION to Dismiss #1 Complaint filed by Gang Chen. Replies due by 8/18/2020. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 17
MOTION to Dismiss #1 Complaint by China Green Agriculture Inc, Zhuoyu Li, Yongcheng Yang. Responses due by 8/20/2020 (Attachments: #1 Exhibit A, #2 Exhibit B)(Green, Ishmael) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 16
ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Angus F. Ni. Signed by Judge Kenneth A. Marra on 7/13/2020. See attached document for full details. (ir) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 15
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Angus F. Ni. Filing Fee $ 200.00 Receipt # AFLSDC-13142269 by China Green Agriculture Inc, Zhuoyu Li, Yongcheng Yang. Responses due by 7/21/2020 (Attachments: #1 Exhibit A)(Green, Ishmael) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 14
ORDER granting #12 Motion for Extension of Time to File Response/Answer to a Complaint. China Green Agriculture Inc Answer due 8/6/2020; Zhuoyu Li Answer due 8/6/2020; Yongcheng Yang Answer due 8/6/2020. Re: #1 Complaint filed by Gang Chen. Signed by Judge Kenneth A. Marra on 7/7/2020. See attached document for full details. (ir) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 13
Clerks Non-Entry of Default as to Gang Chen - Motions Terminated: #11 Motion for Clerks Entry of Default, #10 Motion for Clerks Entry of Default, #9 Motion for Clerks Entry of Default. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 7/7/2020. (amb) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 12
MOTION for Extension of Time to File Response/Reply/Answer by China Green Agriculture Inc, Zhuoyu Li, Yongcheng Yang. Attorney Ishmael Anthony Green added to party China Green Agriculture Inc(pty:dft), Attorney Ishmael Anthony Green added to party Zhuoyu Li(pty:dft), Attorney Ishmael Anthony Green added to party Yongcheng Yang (pty:dft). (Attachments: #1 Exhibit A)(Green, Ishmael) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 11
MOTION for Clerks Entry of Default as to China Green Agriculture Inc by Gang Chen. (Attachments: #1 Affidavit in Support of Request for Entry of Default)(amb) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 10
MOTION for Clerks Entry of Default as to Zhuoyu Li by Gang Chen. (Attachments: #1 Affidavit In Support of Request for Entry of Default)(amb) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 9
MOTION for Clerks Entry of Default as to Yongcheng Yang by Gang Chen. (Attachments: #1 Affidavit in Support of Request for Entry of Default)(amb) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 8
ACKNOWLEDGMENT OF SERVICE as to #3 Summons Issued filed by Gang Chen. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 7
Notice and Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties. Filed by Gang Chen. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 6
SUPPLEMENT to #1 Complaint by Gang Chen. Signed version of Complaint attached. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 5
Order Requiring Counsel to Confer and File Joint Scheduling Report. Signed by Judge Kenneth A. Marra on 6/5/2020. See attached document for full details. (ir) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 4
Consent by Pro Se Litigant (Non-Prisoner) Gang Chen to receive Notices of Electronic Filing at email address: chensequip@gmail.com. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 3
Summons Issued as to China Green Agriculture Inc. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 2
Clerks Notice of Judge Assignment to Judge Kenneth A. Marra and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (scn) [Transferred from Florida Southern on 11/4/2020.]
|
|
Filing 1
COMPLAINT against China Green Agriculture Inc. Filing fees $400.00. Receipt#: FLS200002537, filed by Gang Chen. (Attachments: #1 Civil Cover Sheet)(scn) [Transferred from Florida Southern on 11/4/2020.]
|
Access additional case information on PACER
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
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.
