Ma v. Wang et al
| Song Wang and Jian Xiao |
| Hui Ngai Ma |
| 1:2021cv06182 |
| July 20, 2021 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 |
| None |
Docket Report
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This docket was last retrieved on December 29, 2022. A more recent docket listing may be available from PACER.
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| Filing 38 LETTER addressed to Judge Paul G. Gardephe from Derrick Talerico dated September 13, 2021 re: Certificate of Good Standing for Derrick Talerico for Oral Motion for Admission Pro Hac Vice. Document filed by Jian Xiao. (Attachments: #1 Certificate of Good Standing).(Talerico, Derrick) |
| Filing 37 LETTER addressed to Judge Paul G. Gardephe from Derrick Talerico dated September 13, 2021 re: Response to Movants Request for Additional Briefing. Document filed by Jian Xiao..(Talerico, Derrick) |
| Filing 36 LETTER addressed to Judge Paul G. Gardephe from Angus F. Ni dated September 7, 2021 re: Proposed Supplemental Reply Brief and Declaration In Response to Defendant's Supplemental Brief. Document filed by Hui Ngai Ma. (Attachments: #1 Exhibit A - Proposed Supplemental Reply, #2 Exhibit B - Proposed Yin Supplemental Reply Declaration).(Ni, Angus) |
| Filing 35 DECLARATION of Samuel Chong in Opposition re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Jian Xiao. (Attachments: #1 Exhibit).(Talerico, Derrick) |
| Filing 34 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue. Defendant Jian Xiaos supplemental Brief Regarding Petition for Preliminary Injunction. Document filed by Jian Xiao. (Attachments: #1 Xiao Declaration, #2 Xiao Exhibits, #3 Wang Declaration, #4 Wang Exhibits).(Talerico, Derrick) |
| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/18/21 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....(Moya, Goretti) |
| Filing 32 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/18/2021 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Andrew Walker, (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 9/21/2021. Redacted Transcript Deadline set for 10/1/2021. Release of Transcript Restriction set for 11/29/2021..(Moya, Goretti) |
| Filing 31 DECLARATION of Chi Yin in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Hui Ngai Ma. (Attachments: #1 Appendix 1 - Supreme Court Judicial Interpretation, #2 Appendix 2 - Civil Code).(Ni, Angus) |
| Filing 30 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue. . Document filed by Hui Ngai Ma..(Ni, Angus) |
Filing 29
ORDER: Petitioner will submit supplemental briefing by August 25, 2021. Defendant's response is due September 1, 2021. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/18/2021) (jca)
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Filing 28
ORDER: The hearing, currently scheduled for today at 10:00 a.m. is adjourned to 11:00 a.m. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. So Ordered. (Telephone Conference set for 8/18/2021 at 11:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 8/18/2021) (js)
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| Minute Entry for proceedings held before Judge Paul G. Gardephe: Telephone Conference held on 8/18/2021. (Court Reporter Andrew Walker) (mr) |
| Filing 27 PROPOSED ORDER. Document filed by Jian Xiao..(Talerico, Derrick) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 26 DECLARATION of Lin Bai in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Hui Ngai Ma..(Ni, Angus) |
| Filing 25 DECLARATION of CHUI KAM NG in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Hui Ngai Ma..(Ni, Angus) |
| Filing 24 DECLARATION of Chi Yin in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Hui Ngai Ma..(Ni, Angus) |
| Filing 23 DECLARATION of Angus F. Ni in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Hui Ngai Ma. (Attachments: #1 Exhibit M - counsel e-mails, #2 Exhibit N - Form 8-k Re CFO, #3 Exhibit O - Form 8-k Re CEO, #4 Exhibit P - English homepage, #5 Exhibit Q - August 12 Xiao Wang Letter, #6 Exhibit R - 144 letter 2, #7 Exhibit S - stock transfer instruction 2, #8 Exhibit T - 2020 form 10-K, #9 Exhibit U - Wang Song MOU, #10 Exhibit V - 2019 form 10-K, #11 Exhibit W - Tianjin Takung Website).(Ni, Angus) |
| Filing 22 REPLY MEMORANDUM OF LAW in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue. . Document filed by Hui Ngai Ma..(Ni, Angus) |
| Filing 21 DECLARATION of Derrick Talerico in Opposition re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Jian Xiao. (Attachments: #1 Exhibit).(Talerico, Derrick) |
| Filing 20 DECLARATION of Jian Xiao in Opposition re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Jian Xiao. (Attachments: #1 Exhibit).(Talerico, Derrick) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue. Jian Xiao Memorandum of Law in Opposition to Petition for Preliminary Injunction. Document filed by Jian Xiao..(Talerico, Derrick) |
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Filing 18
ORDER granting #17 Letter Motion for Leave to File Excess Pages. Defendant's request for an additional 5 pages in opposition to the motion for preliminary injunction is granted. The page limit for Petitioner's reply is likewise increased by five pages. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/10/2021) (jca)
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| Filing 17 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul G. Gardephe from Derrick Talerico and Angus Ni dated August 9, 2021. Document filed by Jian Xiao..(Talerico, Derrick) |
| Filing 16 AFFIDAVIT OF SERVICE of Order to show cause and Motion for Temporary Restraining order and Preliminary Injunction served on Jian Xiao on August 3, 2021. Document filed by Hui Ngai Ma..(Ni, Angus) |
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Filing 15
ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED: On August 18, 2021, at 10:00 a.m. Defendant must appear by telephone to Show Cause before the Court why an order should not issue: a. Granting Petitioner a preliminary injunction enjoining Defendant, his agents, servants, employees, attorneys, and affiliates, from selling, transferring, assigning, encumbering, or otherwise disposing of shares in U.S. Takung or taking any action that would enable Respondents to sell, transfer, assign, encumber, or otherwise dispose of Respondents' U.S. Takung shares, pending an award by the Beijing Arbitration Commission arbitration tribunal presiding over the parties' ongoing arbitration. 2. Upon receipt of this order, Petitioner shall immediately serve Defendant at his e-mail addresses provided in the parties' contract, in particular: a. 414273409@qq.com for Defendant Jian Xiao 3. Petitioners counsel shall, on the same day service is effectuated, provide an affidavit that the service ordered in Paragraph 2 above has been complete. 4. Defendant shall file any brief in opposition to Petitioners' request for a preliminary injunction on or before August 11, 2021 5. Petitioner shall file any reply briefing in support of her Petition on or before August 16, 2021. 6. Defendant is temporarily restrained and enjoined from taking any steps or other process that could result in any attempt to sell, transfer, assign, encumber, or otherwise dispose of U.S. Takung's shares pending the order to show cause hearing. 7. With respect to the August 18, 2021 hearing, the parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone hearing by dialing the same number and using the same access code. IT IS SO ORDERED. Motions terminated: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue. filed by Hui Ngai Ma. (Signed by Judge Paul G. Gardephe on 8/3/2021) (jca)
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| Set/Reset Hearings: Telephone Conference set for 8/18/2021 at 10:00 AM before Judge Paul G. Gardephe. (jca) |
| Filing 14 SUPPLEMENTAL LETTER addressed to Judge Paul G. Gardephe from Angus F. Ni dated July 28, 2021 re: Supplemental Authorities In Support of the Court's Authority to Exercise Quasi In Rem and in Rem Jurisdiction. Document filed by Hui Ngai Ma..(Ni, Angus) |
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Filing 13
ORDER: In response to a July 21, 2021 order directing Plaintiff Hiu Ngai Mai to demonstrate why this Court has in personam jurisdiction over Defendants (Dkt. No. 9), Plaintiff filed a supplemental brief asserting, inter alia, that the Court may exercise in rem and quasi in rem jurisdiction over the shares that Plaintiff seeks to enjoin from transfer pending the outcome of an ongoing arbitration in Beijing. (Dkt. No. 10) It is well settled that any exercise of quasi in rem jurisdiction 'must meet the minimum contacts standards set forth in International Shoe Co. v. Washington, 326 U.S. 310 (1945), and its progeny.' Orient Overseas Container Line v. Kids Int'l Corp., No. 96 CIV. 4699 (DLC), 1998 WL 531840, at *5 (S.D.N.Y. Aug. 24, 1998). Plaintiff contends that Defendant Jian Xiao has minimum contacts with New York by virtue of his actions directing and defrauding the New York-based transfer agent in an effort to sell the shares on NYSE, and 'hence expects to benefit from this forum's laws protecting [the shares].' (Pltf. Supp. Br. (Dkt. No. 10) at 15-16) In support of this argument, Plaintiff cites In re Joint E. & S. Dist. Asbestos Litig., 129 B.R. 710, 799 (E.D.N.Y. 1991), vacated, 982 F.2d 721 (2d Cir. 1992), opinion modified on reh'g, 993 F.2d 7 (2d Cir. 1993), where the court exercised in rem and quasi in rem jurisdiction over a trust for personal injuries related to asbestos exposure. The trust had been created pursuant to a bankruptcy proceeding in the Eastern District of New York and was governed by New York law. Jurisdiction was premised on the absent class members' contact with the forum to recover funds from the trust. Here, Xiao who resides in China directed an Arizona-based law firm to issue a Rule 144 opinion in support of the resale of shares of stock registered with a New York-based transfer agent. These actions are not analogous to injured class members seeking to recover funds from a court-created trust. Plaintiff must submit additional case law in support of Plaintiff's jurisdictional arguments. Plaintiff also argues that the Court may assert jurisdiction over actions to enforce judgments that touch upon assets within its jurisdiction. (Pltf. Supp. Br. (Dkt. No. 10) at 16) However, there is no judgment in this case, as the arbitration is currently pending. (Pet. (Dkt. No. 1) at 7) Plaintiff will supplement Plaintiff's application with case law demonstrating that this Court may exercise jurisdiction in the context of an ongoing arbitration. Any further submission will be made by August 2, 2021 at 5:00 p.m. (Signed by Judge Paul G. Gardephe on 7/26/2021) (nb)
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| Filing 12 SUPPLEMENTAL LETTER addressed to Judge Paul G. Gardephe from Angus F. Ni dated July 23, 2021 re: Brief Supplement to Memorandum of Law on Jurisdiction Re Exchange Act Jurisdiction. Document filed by Hui Ngai Ma..(Ni, Angus) |
| Filing 11 DECLARATION of Angus F. Ni in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Hui Ngai Ma. (Attachments: #1 Exhibit G - Xiao Jian statement of account, #2 Exhibit H - May 30 Rule 144 letter, #3 Exhibit I - June 21 Xiao agent e-mail to vstock, #4 Exhibit J - June 21 e-mail by Rule 144 letter counsel, #5 Exhibit K - counsel e-mail with Vstock, #6 Exhibit L - shareholding ratio 10-K disclosure).(Ni, Angus) |
| Filing 10 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue. . Document filed by Hui Ngai Ma..(Ni, Angus) |
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Filing 9
ORDER: Accordingly, in the event that Plaintiff wishes to pursue injunctive relief against Defendants, she will submit supplemental evidence and briefing that provides a basis for this Court to exercise personal jurisdiction over the Defendants. Any such submission will be made by July 23, 2021 at 5:00 p.m. (Signed by Judge Paul G. Gardephe on 7/21/2021) (nb)
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| Filing 8 CIVIL COVER SHEET filed..(Ni, Angus) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Hui Ngai Ma. Related Document Number: #1 ..(Ni, Angus) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 6 AFFIDAVIT of Hao Sun - Translator in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Hui Ngai Ma..(Ni, Angus) |
| Filing 5 DECLARATION of Angus F. Ni in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Hui Ngai Ma. (Attachments: #1 Exhibit A - Omnibus Agreement, #2 Exhibit B - Rule 144 Opinion and Attachments, #3 Exhibit C - e-mails with Rule 144 Opinion counsel, #4 Exhibit D - Beijing Arbitration Commission Rules, #5 Exhibit E - Homepage Screenshot of "Bei Mei", #6 Exhibit F - Screenshot of Bei Mei advertising).(Ni, Angus) |
| Filing 4 DECLARATION of Hui Ngai Ma in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Hui Ngai Ma..(Ni, Angus) |
| Filing 3 DECLARATION of Lin Bai in Support re: #2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue.. Document filed by Hui Ngai Ma. (Attachments: #1 Appendix A - CV, #2 Appendix B - Compendium of Actual Payments Compared With Contractual Payment Schedule and Terms).(Ni, Angus) |
| Filing 2 EMERGENCY MOTION for Temporary Restraining Order And for a Show Cause Order Why A Preliminary Injunction Should Not Issue. Document filed by Hui Ngai Ma..(Ni, Angus) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 1 PETITION (1) A TEMPORARY RESTRAINING ORDER IN AID OF ARBITRATION; (2) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; AND (3) AN ORDER AUTHORIZING ALTERNATIVE SERVICE OF THE TRO AND SHOW CAUSE ORDER. (Filing Fee $ 402.00, Receipt Number ANYSDC-24817058).Document filed by Hui Ngai Ma..(Ni, Angus) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Case Designated ECF. (pc) |
| Magistrate Judge Katharine H. Parker 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Angus Ni. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
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