AirTourist Holdings, LLC et al v. HSBC Bank USA, N.A.
| AirTourist Holdings, LLC, Jason Chen and Edgar Park |
| HSBC Bank USA, N.A. |
| 1:2022cv00848 |
| January 31, 2022 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 15
ORDER. IT IS HEREBY ORDERED that HSBC immediately turn over to ARENT FOX LLP, counsel for PETITIONERS, all non-exempt funds in its possession, custody or control related to Lei. ENTER. (Signed by Judge Alvin K. Hellerstein on 2/15/22) (yv)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 14 PROPOSED ORDER. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. Related Document Number: [10, 13]..(Yearwood, David) Proposed Order to be reviewed by Clerk's Office staff. |
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Filing 13
ORDER: On February 3, 2022 I issued directing Respondent to show cause why an Order should not be issued to immediately turn over to Petitioners all non-exempt funds in any account in the name of Shi Lei aka Lei Shi ("Lei"), currently located at, being held by, or coming into Respondent HSBC's possession. As of today, February 14, 20022, neither Respondent nor any other interested party has entered any appearance or filed any opposition. Accordingly, Petitioners request for issuance of a turnover order is granted. The hearing scheduled for February 14, 2022 at 3:00 p.m. is canceled. Petitioners shall submit a proposed order for my review. So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/14/2022) (js)
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| Filing 12 CERTIFICATE OF SERVICE of ORDER TO SHOW CAUSE AND APPLICATION FOR TURNOVER OF BANK FUNDS and PETITION FOR TURNOVER ORDER served on Shi Lei on February 4, 2022. Service was made by Mail. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. (Attachments: #1 Exhibit 1).(Yearwood, David) |
| Filing 11 CERTIFICATE OF SERVICE of ORDER TO SHOW CAUSE AND APPLICATION FOR TURNOVER OF BANK FUNDS served on HSBC Bank USA, N.A. on February 4, 2022. Service was made by Mail. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park. (Attachments: #1 Exhibit 1).(Yearwood, David) |
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Filing 10
ORDER TO SHOW CAUSE AND APPLICATION FOR TURNOVER OF BANK FUNDS: ORDERED that Respondent HSBC Bank USA, N.A. ("HSBC" or "Respondent") show cause before the Hon. Alvin K. Hellerstein, via telephonic conference, on February 14, 2022 at 3:00 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 non-exempt funds in any account in the name of Shi Lei aka Lei Shi ("Lei"), currently located at, being held by, or coming into HSBC's possession (the "Lei Accounts"), such conference via the call-in number: 888-363-4749 and access code 7518680; AND IT APPEARING TO THE COURT that Petitioners face the imminent risk of irreparable harm because any transfer of the funds in the Lei Accounts will cause Petitioners to be unable to secure them while its application for turnover is pending before this Court; it is further ORDERED that a copy of this Order and the papers upon which it is based be served on Respondent and Lei (at his last known address), by certified mail return receipt to be filed, on or before 5:00 p.m. on the 4th day of February, 2022, shall be deemed good and sufficient service; it is further ORDERED that opposition papers, if any, shall be served by email on counsel for Petitioners at david.yearwood@arentfox.com on or before 5:00 pm on February 10, 2022 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 12:00 p.m. on February 11, 2022; and it is further ORDERED that if, as Petitioners expect, no opposition papers are filed by Respondent or Lei, then Petitioners waive any reply papers. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/3/2022) ( Telephone Conference set for 2/14/2022 at 03:00 PM before Judge Alvin K. Hellerstein.) (ks)
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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. |
| 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) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Yearwood, David to RE-FILE Document #6 Proposed Order to Show Cause Without Emergency Relief,. ERROR(S): Enter: above signature line. Remove ENTER: above signature line, then put SO ORDERED: (dt) Modified on 2/2/2022 (dt). |
| ***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. (km) |
| NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Unassigned is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-08097-AKH. Notice of Assignment to follow. (aea) |
| Filing 8 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause Without Emergency Relief, . Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David) |
| Filing 7 DECLARATION of David A. Yearwood in Support re: #6 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).(Yearwood, David) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - 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. Modified on 2/2/2022 (dt). |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to HSBC Bank USA, N.A...(pc) |
| Filing 4 CIVIL COVER SHEET filed..(Yearwood, David) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-08097. Document filed by AirTourist Holdings, LLC, Jason Chen, Edgar Park..(Yearwood, David) |
| ***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 Albany; 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) |
| CASE REFERRED TO Judge Alvin K. Hellerstein as possibly related to 21cv8097. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| Case Designated ECF. (pc) |
| Filing 2 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) |
| 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-25663022).Document filed by AirTourist Holdings, LLC, Edgar Park, Jason Chen. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Yearwood, David) |
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