Zhang et al v. Han et al
| Wei Fan, Jun Zhou, Minglian Zhang and Jing Zhang |
| Junjun Feng, Hanfor (Cayman) Limited, BZ Industrial (China), HF Capital Management Cay Inc., Police Officer Jane Does 1-10, HFRE LLC, George Xu, Xueyuan Han, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., ABC-XYZ Corp. 1-10, BZ Industrial (Virgin Islands), Nuoyuan Capital Management Company Ltd., John Does 1-10, HF Cosmopolitan Beta L.P., HF Holdings Limited, Hengtai Securities Co., Ltd., BZ Industrial (Cayman Islands), Wennan Ao and Beijing Nuoyuan Holdings Co., Ltd |
| 1:2021cv01625 |
| February 24, 2021 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
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Filing 104
CLERK'S JUDGMENT re: #103 Memorandum & Opinion in favor of ABC-XYZ Corp. 1-10, BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Beijing Nuoyuan Holdings Co., Ltd, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., Jane Does 1-10, John Does 1-10, Junjun Feng, Xueyuan Han against Jing Zhang, Jun Zhou, Minglian Zhang, Wei Fan. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated January 5, 2022, Plaintiff has not alleged any facts showing that she could cure her failure to establish subject matter jurisdiction. Plaintiff's leave to amend is denied. Defendants' motion to dismiss is granted and this action is dismissed without prejudice. Judgment is entered for Defendants; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/6/2022) (Attachments: #1 Right to Appeal) (km)
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Terminate Transcript Deadlines (km)
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Filing 103
MEMORANDUM OPINION AND ORDER: Here, Plaintiff has not alleged any facts showing that she could cure her failure to establish subject matter jurisdiction. Accordingly, the Court denies Plaintiff leave to amend. For the foregoing reasons, Defendants' motion to dismiss is granted and this action is dismissed without prejudice. The Clerk of Court is directed to enter judgment for Defendants, to terminate all pending motions, and to close this case. So Ordered. (Signed by Judge Gregory H. Woods on 1/5/2022) (js) Transmission to Orders and Judgments Clerk for processing. (Main Document 103 replaced on 1/7/2022) (js).
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Filing 102
MEMO ENDORSEMENT on re: #101 Letter filed by Jing Zhang. ENDORSEMENT: The Court appreciates Ms. Wong's response. The Court does not anticipate that it will take further action as to this issue. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/11/2021) (rro)
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Filing 101
FIRST LETTER addressed to Judge Gregory H. Woods from Valerie Wong, Esq. dated 6/11/2021 re: Dkt. No. 97, Re. Order to Show Cause. Document filed by Jing Zhang. (Attachments: #1 Affidavit).(Wong, Valerie)
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Filing 100
NOTICE OF APPEARANCE by Valerie Ying chen Wong on behalf of Jing Zhang..(Wong, Valerie)
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Filing 99
REPLY MEMORANDUM OF LAW in Support re: #69 MOTION to Dismiss . MOTION to Compel Arbitration . . Document filed by BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Beijing Nuoyuan Holdings Co., Ltd, Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd...(Boxer, Jeffrey)
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Filing 98
DECLARATION of Xueyuan Han in Support re: #69 MOTION to Dismiss . MOTION to Compel Arbitration .. Document filed by BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Beijing Nuoyuan Holdings Co., Ltd, Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd.. (Attachments: #1 Exhibit A - Xicheng District Court Decision, #2 Exhibit B - Haidian District Court Decision, #3 Exhibit C - Tianhe District Court Decision, #4 Exhibit D - Section 129).(Boxer, Jeffrey)
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Filing 97
ORDER granting #95 Letter Motion for Leave to File Excess Pages.The Court has reviewed Defendants' June 7, 2021 motion for leave to file excess pages or strike portions of Plaintiffs' opposition to Defendants' motion to dismiss, and Plaintiffs' response. Dkt. No. 95-96. The Court's Individual Rule of Practice in Civil Cases 3(A) provides that "[u]nless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to 25 pages, and reply memoranda are limited to 10 pages." (emphasis added). On June 4, 2021, Plaintiffs opposed Defendants' motion to dismiss by filing an opposition brief that was 35 pages long. Plaintiffs did not request leave from the Court to file a brief that deviated from the page limit set forth in the Court's Individual Rules. Therefore, the Court will grant Defendants' request for leave to file excess pages and permit Defendants to file a reply brief no longer than fifteen pages. Defendants' request reflects the latest event in a string of Plaintiffs' counsel's failures to comply with the Court's Individual Rules and orders. Therefore, Plaintiffs' counsel is hereby ORDERED to show cause by no later than June 11, 2021 as to why they should not be sanctioned for failure to comply with the Court's Individual Rules of Practice in Civil Cases. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 95. (Signed by Judge Gregory H. Woods on 6/8/2021) (rro)
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Filing 96
LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Jing Zhang dated 06/08/2021 re: #95 LETTER MOTION for Leave to File Excess Pages and/or to Strike a Portion of Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss and to Compel Arbitration addressed to Judge Gregory H. Woods from Jeffrey S. Bo . Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 95
LETTER MOTION for Leave to File Excess Pages and/or to Strike a Portion of Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss and to Compel Arbitration addressed to Judge Gregory H. Woods from Jeffrey S. Boxer dated June 7, 2021. Document filed by BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Beijing Nuoyuan Holdings Co., Ltd, Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd...(Boxer, Jeffrey)
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Filing 94
FIRST MEMORANDUM OF LAW in Opposition re: #69 MOTION to Dismiss . MOTION to Compel Arbitration . . Document filed by Jing Zhang. (Attachments: #1 Supplement Declaration of Plaintiff, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Supplement Certificate of Translation).(Gilmer, Paul)
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Filing 93
AFFIDAVIT of ANDRE MEISEL re: #63 Amended Complaint,, AFFIDAVIT OF DUE DILIGENCE. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 92
AFFIDAVIT of CHRISTOPHER J. KLEIN re: #63 Amended Complaint,, AFFIDAVIT OF DUE DILIGENCE. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 91
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Xueyuan Han served on 3/5/2021, answer due 3/26/2021. Service was accepted by JOHN SMITH, DOORMAN. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 90
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Nuoyuan Capital Management Company Ltd. served on 3/5/2021, answer due 3/26/2021. Service was accepted by JOHN SMITH, DOORMAN. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 89
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Nuoyuan Capital Management Company Ltd. served on 3/3/2021, answer due 3/24/2021. Service was accepted by SMITH, GENERAL AGENT. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 88
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Junjun Feng served on 3/5/2021, answer due 3/26/2021. Service was accepted by SMITH, DOORMAN. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 87
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. HFRE LLC served on 3/3/2021, answer due 3/24/2021. Service was accepted by SMITH, MANAGER. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 86
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. HF Holdings Limited served on 3/5/2021, answer due 3/26/2021. Service was accepted by JOHN SMITH, DOORMAN. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 85
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. HF Holdings Limited served on 3/3/2021, answer due 3/24/2021. Service was accepted by SMITH, GENERAL AGENT. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 84
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. HF Cosmopolitan Beta L.P. served on 3/3/2021, answer due 3/24/2021. Service was accepted by SMITH, GENERAL AGENT. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 83
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. HF Capital Management Cay Inc. served on 3/3/2021, answer due 3/24/2021. Service was accepted by GENERAL AGENT. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 82
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Hanfor Holdings Co., Ltd. served on 3/3/2021, answer due 3/26/2021. Service was accepted by GENERAL AGENT. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 81
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Hanfor Holdings Co., Ltd. served on 3/5/2021, answer due 3/26/2021. Service was accepted by AUTHORIZED PERSON. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 80
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Service was accepted by GENERAL AGENT. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 79
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Hanfor (Cayman) Limited served on 3/5/2021, answer due 3/26/2021. Service was accepted by JOHN SMITH, DOORMAN. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 78
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Hanfor (Cayman) Limited served on 3/3/2021, answer due 3/25/2021. Service was accepted by GENERAL AGENT. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 77
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Hanfor Capital Management Co., Ltd. served on 3/5/2021, answer due 3/26/2021. Service was accepted by JOHN SMITH, DOORMAN. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 76
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Hanfor Capital Management Co., Ltd. served on 3/3/2021, answer due 3/24/2021. Service was accepted by SMITH, GENERAL AGENT. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 75
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. BZ Industrial (Virgin Islands) served on 3/5/2021, answer due 3/26/2021. Service was accepted by JOHN SMITH, DOORMAN. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 74
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. BZ Industrial (Cayman Islands) served on 3/5/2021, answer due 3/26/2021. Service was accepted by JOHN SMITH, DOORMAN. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 73
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. BZ Industrial (China) served on 3/5/2021, answer due 3/26/2021. Service was accepted by JOHN SMITH, DOORMAN. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 72
MEMORANDUM OF LAW in Support re: #69 MOTION to Dismiss . MOTION to Compel Arbitration . . Document filed by BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Beijing Nuoyuan Holdings Co., Ltd, Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd...(Boxer, Jeffrey)
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Filing 71
DECLARATION of George Xu in Support re: #69 MOTION to Dismiss . MOTION to Compel Arbitration .. Document filed by BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Beijing Nuoyuan Holdings Co., Ltd, Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd...(Boxer, Jeffrey)
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Filing 70
DECLARATION of Xueyuan Han in Support re: #69 MOTION to Dismiss . MOTION to Compel Arbitration .. Document filed by BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Beijing Nuoyuan Holdings Co., Ltd, Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd.. (Attachments: #1 Exhibit 1 - Share Purchase Agreement, #2 Exhibit 2 - Shareholders Agreement, #3 Exhibit 3 - Subscription Booklet, #4 Exhibit 4 - Certified Email Translation).(Boxer, Jeffrey)
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Filing 69
MOTION to Dismiss ., MOTION to Compel Arbitration . Document filed by BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Beijing Nuoyuan Holdings Co., Ltd, Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., George Xu..(Boxer, Jeffrey)
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Filing 68
ELECTRONIC SUMMONS ISSUED as to Beijing Nuoyuan Holdings Co., Ltd..(jgo)
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Filing 67
REQUEST FOR ISSUANCE OF SUMMONS as to Beijing Nuoyuan Holdings Co., Ltd., re: #63 Amended Complaint,,. Document filed by Jing Zhang..(Gilmer, Paul)
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Filing 66
ORDER denying #65 . The Court has reviewed Defendants' April 23, 2021 request for a pre-motion conference, Dkt. No. 65, and determined that a conference is not needed at this time. The briefing schedule for Defendants' anticipated motion to dismiss and compel arbitration is as follows: Defendants' motion is due no later than May 14, 2021; Plaintiffs' opposition is due no later than three weeks after the date of service of the motion; and Defendants' reply, if any, is due no later than one week after the date of service of the opposition. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 65
LETTER MOTION for Conference /Pre-Motion Conference concerning an anticipated motion to dismiss the Second Amended Complaint pursuant to Federal Rules of Civil Procedure 12 (b)(1), 12 (b)(2), 12(b)(5), and 12 (b)(6) and to compel arbitration addressed to Judge Gregory H. Woods from Jeffrey S. Boxer dated April 23, 2021. Document filed by BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd...(Boxer, Jeffrey)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Paul Anderson Gilmer to RE-FILE Document No. #64 Request for Issuance of Amended Summons,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; An Amended Summons can only be issued to parties that were previously issued one. Multiple parties have never been issued a summons and will need to be on a separate standard summons. (pc)
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Filing 64
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Bang Ze Industrial Co., Ltd. (China); Beijing Nuoyuan Holdings Co., Ltd.; BZ Industrial Limited (Cayman Islands); BZ Industrial Limited (Virgin Islands);Hanfor (Beijing) Capital Management Co.; Hanfor (Cayman) Limited; Hanfor Holdings Co., Ltd.; HF Capital Management Cay Inc.; HF Cosmopolitan Beta L.P.; HF Holdings Limited; HFRE LLC; Junjun Feng; Nuoyuan Capital Management Company Ltd.; Xueyuan Han a.k.a. Hank Han, re: #63 Amended Complaint,,. Document filed by Jing Zhang..(Gilmer, Paul) Modified on 4/23/2021 (pc).
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Filing 63
SECOND AMENDED COMPLAINT amending #1 Complaint,, #10 Amended Complaint against BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., Beijing Nuoyuan Holdings Co., Ltd with JURY DEMAND.Document filed by Jing Zhang. Related document: #1 Complaint,, #10 Amended Complaint..(Gilmer, Paul)
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Filing 62
ORDER. The parties have consented to the amendment of Plaintiffs complaint. Dkt. No. 61. The parties request that the Court adopt their proposed briefing schedule is granted in part and denied in part. The deadline for Defendants to answer or otherwise respond to Plaintiffs Second Amended Complaint is 21 days following service of the Second Amended Complaint. The Court expects that any response will comply with the Courts Individual Rules of Practice in Civil Cases. Pursuant to Rule 2(C), pre-motion submissions are required for motions to dismiss. In the event that Defendants seek to move to dismiss the Second Amended Complaint, the Court anticipates setting a briefing schedule following a pre-motion conference. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 61
JOINT LETTER addressed to Judge Gregory H. Woods from The Parties dated April 19, 2021 re: Joint Letter. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. (Attachments: #1 Clean Copy of the Second Amended Complaint, #2 Blackline Showing the Changes).(Gilmer, Paul)
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Filing 60
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/29/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 59
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/29/2021 before Judge Gregory H. Woods. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/5/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/13/2021..(McGuirk, Kelly)
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Filing 58
STIPULATION OF DISMISSAL (FED. R. CIV. P. 41(a)(1)(A)(ii)): The parties, by their undersigned counsel, hereby stipulate under Federal Rule of Civil Procedure 4l(a)(l)(A)(ii) that plaintiff's Jing Zhang, Wei Fan, Minglian Zhang, and Jun Zhoudismiss all claims against defendants Hengtai Securities Co., Ltd., George Xu, and Wennan Ao,and with prejudice and without fees and costs. Plaintiffs and defendants Hengtai Securities Co., Ltd., George Xu, and Wennan Ao have stipulated to the dismissal of Plaintiffs' claims against each of those defendants with prejudice. The Clerk of Court is directed to remove the names of those three defendants from the caption of this case., George Xu, Wennan Ao and Hengtai Securities Co., Ltd. terminated. (Signed by Judge Gregory H. Woods on 4/14/2021) (nb) Modified on 4/14/2021 (nb).
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Filing 57
ORDER granting #55 . The parties' April 14, 2021 request for an extension of time for Defendants to answer or otherwise respond to the complaint, Dkt. No. 55, is granted. The deadline for Defendants to answer or otherwise respond to the complaint is adjourned sine die. The parties are directed to submit a joint letter by no later than April 19, 2021, outlining the parties' positions on any proposed amendments to the complaint. Any such request must include as an attachment: (a) a clean copy of the proposed amended complaint and (b) a blackline showing any changes made between the current and proposed amended complaints. Although the Court is granting this request, the parties are reminded that they must review and comply with the Court's Individual Rules of Practice in Civil Cases. Pursuant to Rule 1(E), all requests for extensions of time must be made at least two business days prior to the original due date. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 56
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Hengtai Securities Co., Ltd., Wennan Ao, George Xu and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Hengtai Securities Co., Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Sava, Matthew)
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Filing 55
JOINT LETTER MOTION for Extension of Time for the defendants to respond to the First Amended Complaint addressed to Judge Gregory H. Woods from Jeffrey S. Boxer dated April 14, 2021. Document filed by Wennan Ao, BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., George Xu..(Boxer, Jeffrey)
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #56 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Gregory H. Woods for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
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Filing 54
REDACTION to #48 Affidavit in Support,, Exhibit B-1 by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou.(Gilmer, Paul)
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Filing 53
ORDER: On February 27, 2021, the Court granted Plaintiffs' request to seal certain exhibits at Dkt. No. 4 and ordered Plaintiffs to file a complete set of the documents found at Dkt. No. 4, with the redacted documents at Dkt. No. 14 substituting any exhibits containing sensitive information. See Dkt. Nos. 14-15. On March 30, 2021, Plaintiffs' counsel submitted redacted copies of those exhibits. Dkt. No. 48. On April 8, 2021, Plaintiffs' counsel informed the Court that he had failed to redact a bank account number in Exhibit B-1 to the Affidavit of Jing Zhang. See Dkt. No. 48-2. Because that exhibit contains sensitive bank account information, Plaintiffs' April 8, 2021 request to seal Exhibit B-1, Dkt. No. 48-2, is granted. Within three days of this order, Plaintiffs are directed to re-file a properly redacted version of Exhibit B-1 on the docket. The Court respectfully directs the Clerk of Court to modify the viewing level for Dkt. No. 48-2 to the sealed viewing level. (Signed by Judge Gregory H. Woods on 4/9/2021) (nb)
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Filing 52
LETTER addressed to Judge Gregory H. Woods from Jing Zhang, Minglian Zhang, Wei Fan and Jun Zhou dated April 8, 2021 re: Request to Withdraw or Seal. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Gilmer, Paul)
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Filing 51
ORDER. Plaintiffs' April 2, 2021 request for leave to file a second amended complaint, Dkt. No. 50, is denied without prejudice. Dkt. No. 50. If Plaintiffs wish to seek leave to file a second amended complaint, they are directed to submit a joint letter with Defendants outlining the parties' positions on the proposed amendments. Any such request must include as an attachment: (a) a clean copy of the proposed amended complaint and (b) a blackline showing any changes made between the current and proposed amended complaints. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Zheng Gao to RE-FILE Document #49 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
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Filing 50
LETTER addressed to Judge Gregory H. Woods from Douglas Dooling, Jr. dated April 2, 2021 re: Request for Leave to File Second Amended Complaint. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Dooling, Douglas)
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Filing 49
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hengtai Securities Co., Ltd...(Gao, Zheng) Modified on 4/5/2021 (ldi).
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Filing 48
AFFIDAVIT of Jing Zhang in Support re: #4 Declaration in Support,, #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. (Attachments: #1 Exhibit A, #2 Exhibit B1, #3 Exhibit B2, #4 Exhibit B3, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G-1, #10 Exhibit G-2, #11 Exhibit H-1, #12 Exhibit H-2, #13 Exhibit I-1, #14 Exhibit I-2, #15 Exhibit I-3, #16 Exhibit I-4, #17 Exhibit J-1, #18 Exhibit J-2, #19 Exhibit K, #20 Exhibit L, #21 Exhibit M, #22 Exhibit N).(Gilmer, Paul)
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Filing 47
AMENDED REPLY MEMORANDUM OF LAW in Support re: #2 Proposed Order to Show Cause With Emergency Relief, . Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. (Attachments: #1 Exhibit A).(Gilmer, Paul)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/29/2021. (Court Reporter present) (wv)
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Filing 46
ORDER: For the reasons stated on the record during the March 29, 2021 conference, Plaintiffs' application for an order of attachment, Dkt. Nos. 2, 4-5, is denied. The briefing schedule for Defendants' anticipated motions to dismiss is as follows: Defendants' motions are due no later than April 14, 2021. Plaintiffs' oppositions are due no later than three weeks following service of the motions. Defendants' replies, if any, are due no later than one week following service of the oppositions. The parties are directed to confer regarding Plaintiffs' anticipated request to amend their complaint, by no later than the close of business on March 30, 2021. The parties should inform the Court by no later than April 2, 2021 if Plaintiffs intend to amend their complaint, and whether the parties agree on the amendment or Plaintiffs intend to seek leave from the Court to amend their complaint., (Motions due by 4/14/2021.) (Signed by Judge Gregory H. Woods on 3/29/2021) (nb)
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Filing 45
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. HF Holdings Limited served on 3/3/2021, answer due 3/24/2021. Service was accepted by Adrion Mubangizi Compliance Officer. Document filed by Wei Fan; Jing Zhang; Minglian Zhang; Jun Zhou..(Gilmer, Paul)
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Filing 44
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Hanfor Holdings Co., Ltd. served on 3/3/2021, answer due 3/24/2021. Service was accepted by Marlon Malquis Compliance Officer. Document filed by Wei Fan; Jing Zhang; Minglian Zhang; Jun Zhou..(Gilmer, Paul)
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Filing 42
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Hanfor (Cayman) Limited served on 3/4/2021, answer due 3/25/2021. Service was accepted by Rachel Nyman - Maples Corporate Service Limited - Litigation Department. Document filed by Wei Fan; Jing Zhang; Minglian Zhang; Jun Zhou..(Gilmer, Paul)
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Filing 41
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Hengtai Securities Co., Ltd. served on 3/3/2021, answer due 3/24/2021. Service was accepted by Sharon LEUNG Wing Han. Document filed by Wei Fan; Jing Zhang; Minglian Zhang; Jun Zhou..(Gilmer, Paul)
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Filing 40
PROPOSED ORDER. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Gilmer, Paul) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 39
PROPOSED ORDER. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Gilmer, Paul) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 38
PROPOSED ORDER. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Gilmer, Paul) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 37
FIRST LETTER addressed to Judge Gregory H. Woods from Paul A. Gilmer dated 03/28/2021 re: Hengtai's Letter. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Gilmer, Paul)
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Filing 43
ORDER: The Court has reviewed the parties' joint request to withdraw or seal Exhibit B to Plaintiffs' reply memorandum of law. See Dkt. No. 31-2. Because the document contains sensitive information related to Mr. Han's travels in and out of the United States and the parties agree that the exhibit should be removed from the docket, the request to withdraw Exhibit B to Plaintiffs' reply, Dkt. No. 31-2, is granted. The documents at Dkt. No. 31 have been provisionally sealed. Within three days of this order, Plaintiffs are directed to re-file their reply and Exhibit A on the docket. On February 27, 2021, the Court granted Plaintiffs' request to seal certain exhibits at Dkt. No. 4 and ordered Plaintiffs "to file a complete set of the documents found at Dkt. No. 4, with the redacted documents at Dkt. No. 14 substituting any exhibits containing sensitive information." See Dkt. Nos. 14-15. To date, Plaintiffs have not complied with that order. Plaintiffs' counsel is directed to comply with that order forthwith. The Clerk of Court is directed to strike Dkt. No. 31-2 from the docket of this case. (Signed by Judge Gregory H. Woods on 3/27/2021) (mro)
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Filing 36
LETTER addressed to Judge Gregory H. Woods from Jeffrey S. Boxer dated March 26, 2021 re: Response to the March 26, 2021 letter from plaintiffs counsel seeking to withdraw, delete and/or seal the document they filed as Exhibit B of Plaintiffs Memorandum of Law (Dkt. # 32) (Exhibit B). Document filed by Xueyuan Han..(Boxer, Jeffrey)
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Filing 35
FIRST LETTER addressed to Judge Gregory H. Woods from Paul A. Gilmer, Esq. dated 03/26/2021 re: Seal/Delete document. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Gilmer, Paul)
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Filing 34
LETTER addressed to Judge Gregory H. Woods from Jing Zhang, Minglian Zhang, Wei Fan and Jun Zhou dated March 24, 2021 re: Opposition to Defendants Letter Motion for Pre-Motion Conference Dated March 19, 2021. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Gilmer, Paul)
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Filing 33
ORDER granting #32 . Defendant Hengtai's March 24, 2021 request for a pre-motion conference, Dkt. No. 32, is granted. The parties should be prepared to discuss Defendant Hengtai's proposed motion to dismiss during the order to show cause hearing scheduled for March 29, 2021. See Dkt. No. 13. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 32
LETTER MOTION for Leave to File motion to dismiss for lack of personal jurisdiction and based on parties' arbitration agreements addressed to Judge Gregory H. Woods from Matthew Sava dated March 24, 2021. Document filed by Hengtai Securities Co., Ltd...(Sava, Matthew)
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Filing 31
REPLY MEMORANDUM OF LAW in Support re: #2 Proposed Order to Show Cause With Emergency Relief, . Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. (Attachments: #1 Exhibit A, ***STRICKEN DOCUMENT. Document number #31-2 has been stricken from the case record. The document was stricken from this case pursuant to #43 Order. #2 Exhibit B).(Gilmer, Paul) Modified on 3/29/2021 (mro).
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Filing 30
REPLY AFFIDAVIT of Wei Fan in Support re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Gilmer, Paul)
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Filing 29
REPLY AFFIDAVIT of Minglian Zhang in Support re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Gilmer, Paul)
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Filing 28
REPLY AFFIDAVIT of Jun Zhou in Support re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Gilmer, Paul)
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Filing 27
REPLY AFFIDAVIT of Jing Zhang in Support re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Gilmer, Paul)
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Filing 26
ORDER granting #19 . Defendants' March 19, 2021 request for a pre-motion conference, Dkt. No. 19, is granted. The parties should be prepared to discuss Defendants' proposed motion to dismiss during the order to show cause hearing scheduled for March 29, 2021. See Dkt. No. 13. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 25
MEMORANDUM OF LAW in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief, . Document filed by Wennan Ao, BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., George Xu..(Boxer, Jeffrey)
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Filing 24
DECLARATION of Wennan Ao in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wennan Ao, BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., George Xu..(Boxer, Jeffrey)
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Filing 23
DECLARATION of George Xu in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wennan Ao, BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., George Xu..(Boxer, Jeffrey)
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Filing 22
DECLARATION of Junjun Feng in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wennan Ao, BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., George Xu..(Boxer, Jeffrey)
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Filing 21
DECLARATION of Xueyuan Han in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wennan Ao, BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., George Xu. (Attachments: #1 Exhibit 1 - Subsrciption Booklet, #2 Exhibit 2 - Investment Agreement Relating to Dingxin Private Investment Fund, #3 Exhibit 3 - Investment Agreement Relating to Dingsheng Private Fund, #4 Exhibit 4 - Agreement Relating to Delin Project (first investment), #5 Exhibit 5 - Agreement Relating to Delin Project (first investment), #6 Exhibit 6 -Commitment Letter of Investment Relating to Delin Project (first investment), #7 Exhibit 7 - Investment Agreement Relating to Delin Project (second investment), #8 Exhibit 8 - Investment Agreement Relating to Delin Project (second investment)., #9 Exhibit 9 - Commitment Letter of Investment Relating to Delin Project (second investment), #10 Exhibit 10 - Part 1 - Investment Agreement Relating to Golden Kirin Project, #11 Exhibit 10 - Part 2, #12 Exhibit 10 - Part 3, #13 Exhibit 11 - Investment Agreement Relating to Wentai Huying Project).(Boxer, Jeffrey)
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Filing 20
DECLARATION of Jeffrey S. Boxer in Opposition re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wennan Ao, BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., George Xu. (Attachments: #1 Exhibit A - Copy of letter motion for pre-motion conference, #2 Exhibit B - Copy of Yahoo! Finance Printout).(Boxer, Jeffrey)
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Filing 19
LETTER MOTION for Conference /Pre-Motion Conference concerning an anticipated motion to dismiss all claims against Defendants pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(5) and 12 (b) (6) addressed to Judge Gregory H. Woods from Jeffrey S. Boxer dated March 19, 2021. Document filed by Wennan Ao, BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd., George Xu..(Boxer, Jeffrey)
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Filing 18
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nuoyuan Assets Management Limited for HF Holdings Limited; Corporate Parent BZ Industrial Limited for Hanfor Holdings Co., Ltd.; Corporate Parent HF Capital Inc. for HFRE LLC; Corporate Parent Beijing Nuoyuan Holdings Co., Ltd for Nuoyuan Capital Management Company Ltd.. Document filed by HF Holdings Limited, HFRE LLC, Hanfor Holdings Co., Ltd., Nuoyuan Capital Management Company Ltd...(Boxer, Jeffrey)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), HF Capital Management Cay Inc., Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd...(Boxer, Jeffrey)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Wennan Ao, BZ Industrial (Cayman Islands), BZ Industrial (China), BZ Industrial (Virgin Islands), Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Ltd., Hanfor Holdings Co., Ltd., Hengtai Securities Co., Ltd., Nuoyuan Capital Management Company Ltd., George Xu. (sj)
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Filing 15
ORDER granting #14 Letter Motion for Leave to File Document. The Court has reviewed Plaintiffs' request for leave to file redacted versions of certain exhibits related to their Affidavit of Emergency in Support of an Order to Show Cause. Dkt. No. 14. The documents at Dkt. No. 4 will remain sealed. Plaintiffs are directed to file a complete set of the documents found at Dkt. No. 4, with the redacted documents at Dkt. No. 14 substituting any exhibits containing sensitive information. Plaintiffs' counsel is directed to serve a copy of this order and the order at Dkt. No. 9 on Defendants and to retain proof of service. (Signed by Judge Gregory H. Woods on 2/27/2021) (mro)
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Filing 14
FIRST LETTER MOTION for Leave to File Redacted Documents addressed to Judge Gregory H. Woods from Paul A. Gilmer, Esq. dated 2/26/2021. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit).(Gilmer, Paul)
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Filing 13
MEMO ENDORSEMENT on re: #11 Letter filed by Jing Zhang, Jun Zhou, Minglian Zhang, Wei Fan. ENDORSEMENT: Application granted. Unless Plaintiffs have previously served Defendants with the summons and complaint pursuant to FRCP 4, the Court expects that service of the Court's order at Dkt. No. 8 and Plaintiffs' application will be effectuated in accordance with FRCP 4. The deadline for Plaintiffs' counsel to serve a copy of the order at Dkt. No. 8 and Plaintiffs' application, including all supporting papers, on Defendants is extended to March 5, 2021. Plaintiffs' counsel is further directed to serve a copy of this order on Defendants by the same date. Defendants are directed to file a response to Plaintiffs' Memorandum of Law in Support of Order to Show Cause for Temporary Restraining Order and Attachment by no later than March 19, 2021. Plaintiffs' reply, if any, is due no later than March 23, 2021. The order to show cause hearing scheduled for March 19, 2021 is adjourned to March 29, 2021 at 11:00 a.m. The order to show cause hearing will take place via teleconference. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. Counsel is further directed to review and comply with the Court's Individual Rules of Practice in Civil Cases. Plaintiffs are ordered to serve this order on Defendants and to file proof of service. ( Telephone Conference set for 3/29/2021 at 11:00 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 2/26/2021) (mro)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to BZ Industrial (China); BZ Industrial Limited (Cayman Islands); BZ Industrial Limited (Virgin Islands); George Xu; Hanfor Capital Management Co.; Hanfor Holdings Co., Ltd.; Hanfor (Cayman) Limited; Hengtai Securities Co., Ltd.; HF Capital Management Cay Inc.; HF Cosmopolitan Beta L.P.; HFRE LLC; HF Holdings Limited; Junjun Feng; Nuoyuan Capital Management Company Ltd.; Wennan Ao; Xueyuan Han;, re: #10 Amended Complaint. Document filed by Jing Zhang, Minglian Zhang, Jun Zhou..(Gilmer, Paul)
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Filing 11
FIRST LETTER addressed to Judge Gregory H. Woods from Paul A. Gilmer, Esq. dated 2-26-21 re: Extension and Clarification. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Gilmer, Paul)
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Filing 10
FIRST AMENDED COMPLAINT amending #1 Complaint,, against Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou with JURY DEMAND.Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. Related document: #1 Complaint,,..(Gilmer, Paul)
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Filing 9
ORDER: On February 24, 2021, Plaintiffs moved ex parte for a temporary restraining order and an order of attachment. The Court denied Plaintiffs' request for an ex parte temporary restraining order and ordered Defendants to show cause as to why the Court should not grant Plaintiffs' motion for an order of attachment. See Dkt. No. 8. Accordingly, Plaintiffs' application should be viewable to the general public. The documents at Dkt. No. 4 contain potentially sensitive information. Counsel for Plaintiffs is directed submit any motion for approval of sealed or redacted filings by no later than February 26, 2021. Any such application should comply with the Court's Individual Rules of Practice in Civil Cases. The Clerk of Court is directed to unseal Plaintiffs' ex parte submissions at Dkt. Nos. 2 and 5. (Signed by Judge Gregory H. Woods on 2/24/2021) (mro)
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Filing 8
ORDER: Accordingly, Plaintiffs' application for an ex parte temporary restraining order must be denied for failure to comply with Rule 65's requirements. It is hereby ORDERED that Defendants, or their counsel, shall appear and show cause before this Court as to why the Court should not grant Plaintiffs' motion for an order of attachment on March 19, 2021 at 2:00 p.m. The order to show cause hearing will take place via teleconference. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. Plaintiffs' counsel is directed to serve a copy of this order and Plaintiffs' application, including all supporting papers, on Defendants by no later than February 26, 2021. Defendants are directed to file a response to Plaintiffs' Memorandum of Law in Support of Order to Show Cause for Temporary Restraining Order and Attachment by no later than March 12, 2021. Plaintiffs' reply, if any, is due no later than March 16, 2021. SO ORDERED. (Replies due by 3/16/2021, Telephone Conference set for 3/19/2021 at 02:00 PM before Judge Gregory H. Woods.) Show Cause Response due by 3/12/2021. (Signed by Judge Gregory H. Woods on 2/24/2021) (jca)
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Filing 7
CIVIL COVER SHEET filed..(Gilmer, Paul)
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Filing 6
NOTICE OF APPEARANCE by Raymond H. Wong on behalf of Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Wong, Raymond)
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Filing 5
***EX-PARTE*** MEMORANDUM OF LAW in Support re: #2 Proposed Order to Show Cause With Emergency Relief, . Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. Motion or Order to File Under Seal: #2 .(Gilmer, Paul)
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Filing 4
***EX-PARTE***DECLARATION of Jing Zhang in Support re: #2 Proposed Order to Show Cause With Emergency Relief,. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. (Attachments: #1 Exhibit A, #2 Exhibit B1, #3 Exhibit B2, #4 Exhibit B3, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G-1, #10 Exhibit G-2, #11 Exhibit H-1, #12 Exhibit H-2, #13 Exhibit I-1, #14 Exhibit I-2, #15 Exhibit I-3, #16 Exhibit I-4, #17 Exhibit J-1, #18 Exhibit J-2, #19 Exhibit K, #20 Exhibit L, #21 Exhibit M, #22 Exhibit N)Motion or Order to File Under Seal: #2 .(Gilmer, Paul)
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Filing 3
NOTICE OF APPEARANCE by Douglas William Dooling, Jr on behalf of Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Dooling, Douglas)
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Filing 2
***EX-PARTE***PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. Motion or Order to File Under Seal: #1 .(Gilmer, Paul) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 1
COMPLAINT against Wennan Ao, BZ Industrial (China), BZ Industrial Limited (Cayman Islands), BZ Industrial Limited (Virgin Islands), JOHN/JANE DOES 1-10, Junjun Feng, HF Capital Management Cay Inc., HF Cosmopolitan Beta L.P., HF Holdings Limited, HFRE LLC, Xueyuan Han, Hanfor (Cayman) Limited, Hanfor Capital Management Co., Hanfor Holdings Co., Ltd., Hengtai Securities Co., Ltd., Nuoyuan Capital Management Company Ltd., XYZ CORP. 1-10, George Xu. (Filing Fee $ 402.00, Receipt Number ANYSDC-24066172)Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou..(Gilmer, Paul)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Anderson Gilmer. The party information for the following party/parties has been modified: Hanfor Capital Management Co.; BZ Industrial Limited (Virgin Islands); BZ Industrial Limited (Cayman Islands); JOHN/JANE DOES 1-10; XYZ CORP. 1-10. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Paul Anderson Gilmer re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Jane Does 1-10. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Paul Anderson Gilmer. 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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Case Designated ECF. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)
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ADD PARTY FOR PLEADING. Defendants/Respondents Jane Does 1-10 added. Party added pursuant to #1 Complaint,,.Document filed by Wei Fan, Jing Zhang, Minglian Zhang, Jun Zhou. Related document: #1 Complaint,,..(Gilmer, Paul)
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Case Designated ECF. (gp)
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Magistrate Judge Barbara C. Moses 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. (gp)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #2 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt)
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