AirTourist Holdings, LLC et al v. HSBC Bank USA, N.A.
| AirTourist Holdings, LLC, Jason Chen and Edgar Park |
| HSBC Bank USA, N.A. |
| 1:2021cv08097 |
| September 29, 2021 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 19
PROPOSED ORDER. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. Related Document Number: [12, 17]..(Yearwood, David) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #19 Proposed Order was reviewed and approved as to form. (km)
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Filing 18
CERTIFICATE OF SERVICE of ORDER TO SHOW CAUSE AND APPLICATION FOR TURNOVER OF BANK FUNDS served on Tan Xiangdong a/k/a Xiangdong Tan on November 12, 2021. Service was made by Mail. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 17
ORDER TO SHOW CAUSE AND APPLICATION FOR TURNOVER OF BANK FUNDS. It is hereby: ORDERED that Respondent HSBC Bank USA, N.A. ("HSBC" or "Respondent") show cause before the Hon. Alvin K. Hellerstein, at the United States Courthouse, 500 Pearl Street, Courtroom 14D, New York, New York, on November 17, 2021 at 2:30 p.m, or as soon thereafter as counsel may be heard, why an Order should not be issued, pursuant to Fed. R. Civ.P. 65 and N.Y. CPLR 5222, to immediately turn over to Petitioners all funds in any account in the name of Tan Xiangdong a/k/a Xiangdong Tan ("Tan"), currently located at, being held by, or coming into HSBC's possession (the "Tan Accounts"); it is further ORDERED that a copy of this Order and the papers upon which it is based on be served on Tan Xiangdong a/k/a Xiangdong Tan or his counsel by certified mail return receipt to be filed, on or before 7:00 pm the 12 day of November, 2021, shall be deemed good and sufficient service; and it is further ORDERED that opposition papers, if any, shall be served by email on counsel for Petitioner at david.yearwood@arentfox.com on or before 5:00 pm on November 15, 2021 and that any reply affidavits, declarations, memoranda of law, or other materials shall be filed with the Court and shall be served on or before noon on November 16, 2021. ENTER. ( Show Cause Hearing set for 11/17/2021 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. Show Cause Response due by 11/16/2021.) (Signed by Judge Alvin K. Hellerstein on 11/12/21) (yv)
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Filing 16
MEMORANDUM OF LAW in Support re: #14 Proposed Order to Show Cause Without Emergency Relief, . Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 15
DECLARATION of David A. Yearwood in Support re: #14 Proposed Order to Show Cause Without Emergency Relief,. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Yearwood, David)
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Filing 14
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. Related Document Number: #1 ..(Yearwood, David) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #14 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
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Filing 13
CERTIFICATE OF SERVICE of ORDER TO SHOW CAUSE AND APPLICATION FOR TURNOVER OF BANK FUNDS served on HSBC Bank USA, N.A. on November 10, 2021. Service was made by Mail. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 12
ORDER TO SHOW CAUSE AND APPLICATION FOR TURNOVER OF BANK FUNDS: It is hereby: ORDERED that Respondent HSBC Bank USA, N.A. ("HSBC" or "Respondent") show cause before the Hon. Alvin K. Hellerstein, at the United States Courthouse, 500 Pearl Street, Courtroom 14D, New York, New York, on November 17, 2021 at 2:30 p.m., or as soon thereafter as counsel may be heard, why an Order should not be issued, pursuant to Fed. R. Civ. P. 65 and N.Y. CPLR 5222, to immediately turn over to Petitioners all funds in any account in the name of Tan Xiangdong a/k/a Xiangdong Tan ("Tan"), currently located at, being held by, or coming into HSBC's possession (the "Tan Funds"); AND IT APPEARING TO THE COURT that Petitioners face the imminent risk of irreparable harm because any transfer of the Tan Funds will cause Petitioners to be unable to secure them while its application for turnover is pending before this Court and, upon SUFFICIENT CAUSE having been shown, it is hereby further ORDERED that a copy of this Order and the papers upon which it is based on be served on Respondent or its counsel by certified mail return receipt to be filed, on or before 12:00 p.m. the 11th day of November, 2021, shall be deemed good and sufficient service; and it is further ORDERED that a copy of this Order and the papers upon which it is based on be served on Tan Xiangdong a/k/a Xiangdong Tan or his counsel by certified mail return receipt to be filed, on or before 12:00 p.m. the 11th day of November, 2021, shall be deemed good and sufficient service; and it is further ORDERED that opposition papers, if any, shall be served by email on counsel for Petitioner at david.yearwood@arentfox.com on or before 5:00 pm on November 15, 2021 and that any reply affidavits, declarations, memoranda of law, or other materials shall be filed with the Court and shall be served on or before 4:00 p.m. on November 16, 2021. Show Cause Hearing set for 11/17/2021 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 11/10/2021) (jca)
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Filing 11
MEMORANDUM OF LAW in Support re: #9 Proposed Order to Show Cause Without Emergency Relief, . Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 10
DECLARATION of David A. Yearwood in Support re: #9 Proposed Order to Show Cause Without Emergency Relief,. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 4, #6 Exhibit 6).(Yearwood, David)
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Filing 9
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. Related Document Number: #1 ..(Yearwood, David) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 8
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: #7 Proposed Order to Show Cause Without Emergency Relief, . Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David) Modified on 11/10/2021 (dt).
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Filing 7
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. (Attachments: #1 Declaration of David A. Yearwood, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6) Related Document Number: #1 ..(Yearwood, David) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 11/10/2021 (dt).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Yearwood, David to RE-FILE Document #7 Proposed Order to Show Cause Without Emergency Relief. ERROR(S): Documents have to be filed separately. Refile the Orders to Show Cause, then separately file the Declaration with exhibits using the even type Declaration in Support of a Non-Motion found under the event list Other Answers. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #9 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Yearwood, David to RE-FILE Document Notice to Attorney to Re-File Document - Deficient Docket Entry Error. Use the event type Memorandum in Support of a Non-Motion found under the event list Other Answers. (dt)
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Filing 6
AFFIDAVIT OF SERVICE of Petition for Turnover Order; Summons; Civil Cover Sheet served on HSBC Bank USA, N.A. on September 30, 2021. Service was accepted by Noel Gerena. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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CASE ACCEPTED AS RELATED. Create association to 1:21-cv-07875-AKH. Notice of Assignment to follow. (aea)
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NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Unassigned is no longer assigned to the case. (aea)
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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. (aea)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to HSBC Bank USA, N.A...(pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Alan Yearwood. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
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Case Designated ECF. (pc)
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CASE REFERRED TO Judge Alvin K. Hellerstein as possibly related to 21cv7875. (pc)
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Filing 4
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-07875. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to HSBC Bank USA, N.A., re: #1 Petition (Other),. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David)
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Filing 2
CIVIL COVER SHEET filed..(Yearwood, David)
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Filing 1
PETITION FOR TURNOVER ORDER PURSUANT TO FED. R. CIV. P 69 AND N.Y. C.P.L.R. 5225(b) AND 5227. (Filing Fee $ 402.00, Receipt Number ANYSDC-25129403).Document filed by AirTourist Holdings, LLC, Edgar Park, Jason Chen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Yearwood, David)
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