Yao v. Carillon Tower/Chicago LP et al
| Annabelle Yao, Lina Dou, Xiuqin Xing, Geli Shi, Lihong Zhan, Emmy Go, Tingyang Shao, Shiyang Xiao, Yixuan Tao, Yanming Wang and Ying Yao |
| CARILLON TOWER/CHICAGO, L.P., Forefront EB-5 Fund (ICT) LLC, Tizi LLC doing business as Local Government Regional Center of Illinois, TD Bank N.A., Symmetry Property Development II LLC, Fordham Real Estate LLC and Jeffrey L Laytin |
| Karim Mahmoud |
| 1:2023cv11060 |
| December 21, 2023 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1332 sa Diversity: Securities & Exchange Commiss |
| Defendant |
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Filing 612
MEMO ENDORSEMENT on re: #611 Letter filed by TD Bank N.A. ENDORSEMENT: The Court agrees that this case (23-cv-11060) is duplicative of Case Number 23-cv-4880 and that the latter case is the operative case. This case appears to have been transferred to this Court erroneously. The Clerk of Court is directed to close this case. So ordered. (Signed by Judge J. Paul Oetken on 1/4/2024) (vfr)
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| Filing 611 LETTER addressed to Judge J. Paul Oetken from Defendant TD Bank N.A. dated January 4, 2024 re: The Court's Request for Joint Letter at ECF No. 610. Document filed by TD Bank N.A...(Porpora, Matthew) |
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Filing 610
ORDER: This case was transferred from the Northern District of Illinois and assigned to the undersigned. The parties shall, on or before January 5, 2024, file a joint letter addressing (1) the nature of the claims in this action, (2) a summary of prior proceedings, (3) how this action relates to the action numbered 23-cv-4880 in this Court, and (4) if it is duplicative of that case, whether the parties agree that this case can be closed. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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| Filing 609 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:18-cv-07865. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge J. Paul Oetken. 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..(vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Case Designated ECF. (vba) |
| Filing 608 TRANSFERRED to the USDC Southern District of New York the electronic record. (jn, ) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 607
MINUTE entry before the Honorable LaShonda A. Hunt: The Court has reviewed Plaintiff Dou's Unopposed Motion for vacatur of order at Doc. 117 and for new order nunc pro tunc reflecting that claims against TD were not "dismissed" but severed and transferred to the Southern District of New York #606 and demand for attorney fees #606 . Based on the parties' stipulation #109 in response to TD Bank's Motion to Dismiss #85 to transfer those claims to the Southern District of New York and their representations to District Judge Kocoras confirming their agreement on the record #118 , it is clear that the 6/6/19 minute order reflecting that TD Bank's Motion to Dismiss had been granted #117 is erroneous, and not intentional. While the docket reflects that Plaintiffs subsequently moved to set aside the stipulation #462 , that request was denied by Magistrate Judge Kim #527 . Significantly, Judge Kocoras entered the following order on 5/25/23 #535 to effectuate the stipulation: "The Clerk's Office is directed to sever Plaintiffs' claims against TD Bank NA, assign a new number to the severed action, and transfer the same to the Southern District of New York." As such, the motion #606 will be granted in part as follows. The second sentence in the 6/16/19 minute order at docket #117 is revised nunc pro tunc to state that: TD Bank's motion to dismiss the first amended class complaint #85 is terminated as moot in light of the parties' stipulation #109 to transfer Plaintiffs' claims against TD Bank to the Southern District of New York. No further changes to the order are needed in light of Judge Kocoras' 5/25/23 order directing the Clerk to sever and transfer the claims. Mailed notice (mjc, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 606 MOTION by Plaintiff Lina Dou to vacate order on motion to dismiss,,, order on motion for sanctions,,, order on rule to show cause,,, in court hearing,,, set motion and R&R deadlines/hearings,,, set deadlines/hearings,, #117 and enter new docket entry nunc pro tunc Presented before District Judge (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 605 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. Plaintiffs' motion for rule to show cause #584 is granted but their motion for blanket order #590 is denied for the reasons stated in open court. That said, because the court finds that Jeffrey Laytin and Jason Ding violated the court's July 17, 2023 order, and because Laytin has misrepresented his assets on his income and property statement, both Laytin and Ding (and in Cheng Ling Ding's name)---and their representatives and designees---must comply with the following: (1) email to Plaintiffs, by November 13, 2023, all open bank accounts to which Laytin or Ding has access and their balances as of today's date; (2) must notify the court when they receive assets to which they have access (excluding Laytin's Social Security benefits), including any loan proceeds for any of their companies, within three business days of receiving such assets; and (3) seek court approval before they can withdraw or transfer any assets to others or to themselves. In the event of additional violations, the court will consider more severe forms of sanctions. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 604 ATTORNEY Appearance for Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud by Daniel G. Hildebrand (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 603 MINUTE entry before the Honorable Young B. Kim: A hearing on Plaintiffs' motions #590 and #584 is rescheduled for November 6, 2023, at 2:00 p.m. in courtroom 1019. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 602 MINUTE entry before the Honorable Young B. Kim: Because of illness, today's motion hearing is cancelled. The court has reached out to the parties to reschedule this motion hearing. Defendants' attorney Daniel G. Hildebrand is directed to file an amended attorney appearance with his updated contact information as soon as possible because the docket shows his contact information with Greenberg Traurig LLP. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 601 MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone. Plaintiffs and Defendants did not appear for today's hearing. TD Bank updated the court that it has made multiple productions of documents and its last remaining set of documents responsive to Plaintiffs' multiple subpoenas are scheduled to be produced by no later than October 30, 2023. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 600 MINUTE entry before the Honorable Young B. Kim: Parties must be prepared to discuss the following during the October 31, 2023 in-court hearing: (1) Plaintiffs' motion for rule to show cause #584 ; and (2) Plaintiffs' motion for a blanket order #590 . Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 599 MINUTE entry before the Honorable Young B. Kim: At Defendants' request, the motion hearing scheduled for October 25, 2023, is rescheduled for October 31, 2023, at 2:00 p.m. in courtroom 1019.Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 598 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud (Attachments: #1 Exhibit)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 597 MEMORANDUM Opinion and Order. Signed by the Honorable Young B. Kim on 10/18/2023. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 596 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for assignment of chose in action #568 is denied. Enter Memorandum Opinion and Order. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 595 MINUTE entry before the Honorable Young B. Kim: Status hearing held and continued to October 26, 2023, at 10:00 a.m. by phone. Parties are to use the same call-in information. To the extent that TD Bank requires a new subpoena for the documents Plaintiffs have requested, TD Bank has agreed to accept service of the same by email to its attorney, Matthew Porpora. The purpose of the next status hearing is for an update on TD Bank's production of documents to Plaintiffs. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 594 TRANSCRIPT OF PROCEEDINGS held on September 26, 2023 before the Honorable Young B. Kim. Order Number: 46956. Transcriber Contact Information: Annette Montalvo, annette.montalvo@gmail.com. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/1/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/9/2024. (Montalvo, Annette) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 593 TRANSCRIPT OF PROCEEDINGS held on May 4, 2023 before the Honorable Young B. Kim. Order Number: 46888. Transcriber Contact Information: Annette Montalvo, annette.montalvo@gmail.com. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/1/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/9/2024. (Montalvo, Annette) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 592 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for a "blanket" order #590 is entered and continued. Appearance on October 13, 2023, is not required to present this motion. Judgment Debtors Jeffrey Laytin and Jason Ding are ordered to file a response to the motion by October 20, 2023. A hearing on the motion is scheduled for October 25, 2023, at 2:00 p.m. in courtroom 1019. Also, Judgment Debtor Carillon Tower/Chicago LP is ordered to appear for tomorrow's 10:00 am telephonic status hearing so that the court may discuss an issue with the parties regarding Plaintiffs' motion for assignment of chose in action (R. 568). Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 591 NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion for order, #590 before Honorable Young B. Kim on 10/13/2023 at 11:00 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 590 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan for order Blanket Order Presented before Magistrate Judge (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 589 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 588 MINUTE entry before the Honorable Young B. Kim: Status hearing held and continued to October 12, 2023, at 10:00 a.m. by phone. Parties are to use the same call-in information. Plaintiffs and TD Bank have conferred and TD Bank is currently assessing what it is able to produce in response to Plaintiffs' various requests. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 587 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for rule to show cause #584 is entered and continued. This motion will not be an item on the court's agenda for discussion on September 26, 2023. The motion respondents have until October 5, 2023, to file a response thereto. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 586 TRANSCRIPT OF PROCEEDINGS held on 09/13/23 before the Honorable Young B. Kim. Order Number: 46863. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/11/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/19/2023. (Mullen, Patrick) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 585 Rule to Show Cause against Ding, Laytin, Shirk, and Hildebrand NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 584 MOTION by Plaintiff Lina Dou for rule to show cause Against Jason Ding, Jeffrey Laytin, Peter Shirk, and Daniel Hildebrand Presented before Magistrate Judge (Attachments: #1 Exhibit Exhibit A - Charging Order, #2 Exhibit Exhibit B - Hildebrand Email and Summary, #3 Exhibit Exhibit C - 0378 ReEnergize Statements, #4 Exhibit Exhibit D - 0899 ReEnergize Statements, #5 Exhibit Exhibit E - 9703 SPDIII Statements, #6 Exhibit Exhibit F - Comparison of Summary to Check Records, #7 Exhibit Exhibit G - Pivot Table of ReEnergize 0378 Non-Check Debits, #8 Exhibit Exhibit H - Pivot Table of ReEnergize 0378 Checks Only, #9 Exhibit Exhibit I - Pivot Table of SPDIII 9703 Debits)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 583 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 582 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 581 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. Plaintiffs' motion to compel #554 is denied as moot. However, based on the discussion held today, Subpoena Respondent TD Bank has until September 20, 2023, to provide an amended responses and objections to Plaintiffs' subpoena. Plaintiffs and TD Bank to also confer on the issues pertaining to missing cancelled checks for certain bank statements and Plaintiffs gaining access to internal electronic bank records to identify the sources and receivers of funds in connection with certain transactions TD Bank processed. A status hearing is scheduled for September 26, 2023 at 3:00 p.m. by phone to discuss these two issues. Parties are to use the same call-in information. Further, because both sides appeared for the motion hearing today, a status hearing was also held. The status hearing scheduled for tomorrow is cancelled, but both sides are ordered to appear for the status hearing scheduled for September 26th. Based on the discussions held, Plaintiffs are granted leave to re-depose Jason Ding when appropriate to answer questions about sources of funds for the three Bank of America accounts held by SPD III and ReEnergize. Judgment Debtors Ding and Laytin are ordered to submit a copy of the interrogatory answers---under seal if they include confidential information---they reference in their declarations (R. 575; R. 579) and Laytin is ordered to supplement his declaration and identify "(4) the sources of his prior or current royalty payments and their names and their contact information," (R. 560), by September 15, 2023. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 580 MINUTE entry before the Honorable Young B. Kim: Judgment Debtors Jason Ding and Jeffrey Laytin are barred from withdrawing or transferring any funds from ReEnergize USA, LLC's accounts held at Bank of America without leave of court. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 579 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 578 REPLY by Lina Dou to response in opposition to motion, #576 , MOTION by Plaintiff Lina DouAssignment of Chose in Action Against TD Bank NA Presented before Magistrate Judge #568 (Attachments: #1 Exhibit EscrowAgreement, #2 Exhibit SecondAmendedComplaintSDNY)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 577 MINUTE entry before the Honorable Young B. Kim: Judgment Debtor Jeffrey Laytin failed to comply with the court's order of August 24, 2023, (R. 560). Laytin has until September 12, 2023, to explain his failure. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 576 RESPONSE by Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Karim Mahmoud, Symmetry Property Development II LLCin Opposition to MOTION by Plaintiff Lina DouAssignment of Chose in Action Against TD Bank NA Presented before Magistrate Judge #568 (Attachments: #1 Exhibit)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 575 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 574 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' unopposed motion to reschedule motion hearing #573 is granted. The hearing scheduled for September 6, 2023, to discuss Plaintiffs' motion to compel #554 is rescheduled for September 13, 2023, at 3:00 p.m. (CST). Parties are to use the same call-in information. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 573 MOTION by Plaintiff Lina Dou to continue September 6, 2023 Hearing Date Presented before Magistrate Judge (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 572 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for assignment #568 is entered and continued. Appearance on September 1, 2023, is not required to present this motion. As requested, Defendants have until September 8, 2023, to file a response to the motion. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 571 MINUTE entry before the Honorable Young B. Kim: In light of the status report (R. 570), a hearing on Plaintiffs' motion to compel #554 is scheduled for September 6, 2023, at 2:30 pm (CST) by phone. The conference call number for the motion hearing is (877) 336-1839 and the passcode is 4333213. Also, at Plaintiffs' request (R. id. at 1), the clerk's office is directed to remove Document Nos. 555-4, 555-5, 555-6 because the documents' confidentiality designation is in dispute. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 570 STATUS Report pursuant to Doc. 559 by Lina Dou Presented before Magistrate Judge (Attachments: #1 Exhibit Exhibit A)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 569 NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion for miscellaneous relief #568 before Honorable Young B. Kim on 9/1/2023 at 11:00 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 568 MOTION by Plaintiff Lina DouAssignment of Chose in Action Against TD Bank NA Presented before Magistrate Judge (Attachments: #1 Exhibit Exhibit 1)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 567 TRANSCRIPT OF PROCEEDINGS held on 08/23/2023 before the Honorable Young B. Kim. Order Number: 46696. Court Reporter Contact Information: Kristin M Ashenhurst, Official Court Reporter, 312-818-6549. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/18/2023. Redacted Transcript Deadline set for 9/28/2023. Release of Transcript Restriction set for 11/27/2023. (Ashenhurst, Kristin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 566 MINUTE entry before the Honorable LaShonda A. Hunt: Motion by Nicolas Bourtin for Leave to Appear Pro Hac Vice on behalf of TD Bank, N.A. #564 is granted. Emailed notice. (cdh, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 565 MINUTE entry before the Honorable LaShonda A. Hunt: Motion by Matthew J. Porpora for Leave to Appear Pro Hac Vice on behalf of TD Bank, N.A. #563 is granted. Emailed notice. (cdh, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 564 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20967576. Presented before District Judge (Porpora, Matthew) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 563 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20967505. Presented before District Judge (Bourtin, Nicolas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 562 MINUTE entry before the Honorable LaShonda A. Hunt: Motion to Substitute Counsel for TD Bank, N.A. #556 is granted. Attorney Nicolas Bourtin and Matthew J. Porpora of Sullivan & Cromwell LLP are substituted as counsel for TD Bank, and Pamela A. Miller and Lauren Wagner of O'Melveny & Myers LLP, are withdrawn as counsel for TD Bank. Emailed notice. (cdh, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 561 MINUTE entry before the Honorable Young B. Kim: Judgment Debtor Jason Ding is ordered to file a declaration under 18 U.S.C. 1746 including the following information: (1) all bank accounts (names of the account holders, the financial institutions, and account numbers) he has access to as of August 1, 2023, for purposes of issuing checks, making payments and transfers, and withdrawing funds---either as an account holder or with authorization from the account holder; (2) all sources (with sufficient details and contact information) for paying his legal fees; (3) all entities Cheng Lin Ding has or had a financial interest in since September 1, 2022, and their bank accounts, if any, including the names of the financial institutions and account numbers; and (4) all sources of funds as of August 1, 2023, for his personal use. Ding is ordered to file this declaration (a redacted public version and an unredacted under seal version) by September 7, 2023. Ding must serve an unredacted version on Plaintiffs. A status hearing is scheduled for September 14, 2023, at 10:00 a.m. by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 560 MINUTE entry before the Honorable Young B. Kim: Judgment Debtor Jeffrey Laytin is ordered to file a declaration under 18 U.S.C. 1746 including the following information: (1) the bank account (names of the account holders, the financial institution, and account number) that he uses to receive his monthly Social Security benefits; (2) all bank accounts, including joint accounts and corporate accounts, he has access to as of August 1, 2023, for purposes of issuing checks, making payments and transfers, and withdrawing funds---either as an account holder or with authorization from the account holder; (3) all sources (with sufficient details and contact information) for paying his legal fees; (4) the sources of his prior or current royalty payments and their names and their contact information; (5) the sources of any other funds as of August 1, 2023, for his personal use; and (6) all entities he has or had a financial interest in since September 1, 2022, and their bank accounts, if any, including the names of the account holders, financial institutions, and account numbers. Laytin is ordered to file this declaration (a redacted public version and an unredacted under seal version) by September 7, 2023. Laytin must serve an unredacted version on Plaintiffs. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 559
MINUTE entry before the Honorable Young B. Kim: Motion hearing held. For the reasons stated in open court, the court grants in part and denies in part the motions discussed today [ #539 , #546 , #547 , #554 ]. Plaintiffs' motion for asset transfer #539 is denied without prejudice. There is no specific asset to transfer to Plaintiffs at this time. However, Plaintiffs are granted leave to issue subpoenas to relevant parties to investigate Re-Energize LLC's refinancing of its original mortgage in April 2022 and the flow of $5,335,000 Re-Energize borrowed in that transaction. Plaintiffs' motion to estop Defendants from dissipating assets #546 is granted to the extent that: (1) Plaintiffs are permitted to issue subpoenas to collect information on all TD Bank and Bank of America accounts held by Re-Energize and Symmetry Property Development III LLC ("SPD III"); and (2) Defendants and Judgment Debtor Jason Ding are precluded from causing the distribution of any amount from SPD III's account held at Bank of America for any reason without leave of court. Plaintiffs' motion for rule to show cause #547 is denied. As for Plaintiffs' motion to compel filed against TD Bank #554 , the motion is entered and continued, and Plaintiffs have until August 30, 2023, to file a status report advising the court whether they are withdrawing the motion or whether they wish for the court to rule on it. Finally, based on discussions held during today's hearing, Defendants and Judgment Debtor Jason Ding are ordered to amend their answer to Plaintiffs' post-judgment Interrogatory No. 5 by September 6, 2023, and disclose all closed and open bank accounts (names of the institutions and account numbers) associated with the entities and individuals identified therein. The amended answer must be verified by both Judgement Debtors Jeffrey Laytin and Jason Ding. As for Interrogatory No. 7, which Plaintiffs discussed during the hearing, the court reviewed the same and finds that it seeks the identity of the lenders, not the underlying loan documents. If Plaintiffs believe that any of the answers to their post-judgment interrogatories are inadequate, they may file a comprehensive motion to compel to address all insufficiencies. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 558 RESPONSE by TD Bank N.A.in Opposition to MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan for rule to show cause Presented before Magistrate Judge #554 TD Bank N.A.'s Opposition to Plaintiffs' Motion to Compel Production, or In the Alternative For Rule to Show Cause (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 557 MINUTE entry before the Honorable Young B. Kim: Plaintiffs are ordered to bring with them Judgment Debtors Jeffrey Laytin's and Jason Ding's completed "Income and Property Statement" when appearing for today's motion hearing. Document No. 420-1 is a blank form. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 556 MOTION by Defendant TD Bank N.A. to substitute attorney Presented before District Judge (Bourtin, Nicolas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 555 STATUS Report by Emmy Go, Karim Mahmoud, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan Presented before Magistrate Judge (Attachments: #1 Exhibit Tables, #2 Exhibit Dec of Litowitz, #3 Exhibit Dep of Ding, #4 Exhibit CLD Account Records, #5 Exhibit CLD Account Records, #6 Exhibit CLD Account Records, #7 Exhibit NY Sec of ST for SPD3, #8 Exhibit BK Filings for SPD3)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 554 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan for rule to show cause Presented before Magistrate Judge (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 553 MINUTE entry before the Honorable Young B. Kim: Defendants' motion for extension of time #551 is denied. The motion hearing scheduled for August 23, 2023, will proceed as scheduled. Parties will be expected to discuss the impact of the referenced bankruptcy proceedings, if any, on this case during the hearing. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 552 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 551 MOTION by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin for extension of time Presented before Magistrate Judge (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 550 MINUTE entry before the Honorable Young B. Kim: The motion hearing scheduled for August 23, 2023, will start at 2:30 p.m. Parties are to note the time change. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 549 MEMORANDUM by Lina Dou in support of motion for rule to show cause, #547 , motion for miscellaneous relief, #546 List of Assets Disclosed by Laytin and Ding as requested by the Court at Doc. 548 (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 548 MINUTE entry before the Honorable Young B. Kim: A hearing on Plaintiffs' motion to compel delivery of assets #539 , motion to estop #546 , and for rule to show cause #547 is scheduled for August 23, 2023, at 2:00 p.m. in courtroom 1019. If Defendants wish to file a written response to any of these motions, they may do so by no later than August 18, 2023. By this same deadline, Plaintiffs are to file a list of assets Laytin and Ding they themselves identified in writing or in testimony. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 547 MOTION by Plaintiff Lina Dou for rule to show cause if Peter Shirk or Judgment Debtors Violated Court Orders Presented before Magistrate Judge (Attachments: #1 Exhibit Debtor's Disclosure, #2 Exhibit PlaintiffsJudgmentRecorded, #3 Exhibit PropertyRecordsGaryINproperty, #4 Exhibit LaytinDingIncome&PropertyStatements)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 546 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan, Special Master Karim MahmoudTo Estop Funding from Beneficially Owned Accounts and to Disclose all Beneficially Owned Accounts Presented before Magistrate Judge (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 545 TURNOVER ORDER. Signed by the Honorable Young B. Kim on 7/17/2023. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 544 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Attachments: #1 Exhibit, #2 Exhibit)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 543 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 542 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. Plaintiffs' motion for asset transfer #539 is entered and continued. However, based on the discussions held, the parties are to comply with the following items: (1) Debtors Jeffrey Laytin (Chase and Charles Schwab accounts) and Jason Ding (Fidelity and his father Cheng Lin Ding's TD Bank accounts under his father's name or to which his father has an interest) are to email their financial account information (names of the financial institutions, mailing addresses, and full account numbers) to Plaintiffs by July 6, 2023; (2) Plaintiffs are to submit a draft turnover order to be directed to Re-Energize USA, LLC, ("Re-Energize"), attention Peter Shirk, to turnover all future distributions of any kind to be made or owed to Laytin, Cheng Lin Ding, and/or Jason Ding; (3) Plaintiffs are authorized to subpoena Re-Energize for its operating agreements in effect for 2021 through the present and records of monetary distributions made to Laytin, Cheng Lin Ding, and/or Jason Ding for the same time period, including the dates, amounts, and method of distribution along with routing information if distributions were made electronically; (4) Plaintiffs are authorized to issue subpoenas to TD Bank for records pertaining to accounts held by Corporate Defendants, Cheng Lin Ding, and Jason Ding, as long as the subpoenas do not seek records they have already received through discovery in the underlying action; and (5) Plaintiffs are authorized to issue subpoenas to Dunbar Investment Management Group to investigate the sources of funds to satisfy rent obligations for the offices identified as "Newhope Office" and "Sherman Office" in the motion. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 541 SUPPLEMENT to motion to compel, #539 Exhibit C, per the Court's Directive (Attachments: #1 Exhibit Exhibit A to Def's Int Answers)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 540 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion to compel Defendants to produce "asset transfer documents and information" #539 is entered and continued. A hearing on the motion is scheduled for June 29, 2023, at 1:00 p.m. in courtroom 1019. Defendants are to respond to the motion during the hearing. If Defendants wish to file a written response to the motion---which is not required---they must do so by June 27, 2023. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 539 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan to compel delivery of assets Presented before Magistrate Judge (Attachments: #1 Exhibit Exhibit A - Deposition of Jason Ding, #2 Exhibit Exhibit B - Deposition of Jeffrey Laytin)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 538 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Charles P. Kocoras no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023.(tg, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 537 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' request for in-court hearing #536 is denied. If Plaintiffs are seeking a specific relief, they must file a motion so that the opposing side has notice of the issues to be addressed by the court. The court will then schedule a hearing if necessary to determine if the relief sought should be granted. Mailed notice (ec ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 536 STATUS Report and Request for Hearing by Lina Dou Presented before Magistrate Judge (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 535 MINUTE entry before the Honorable Charles P. Kocoras: The Court adopts the Magistrate Judge's Report and Recommendation entered on May 4, 2023 #528 . The Clerk's Office is directed to sever Plaintiffs' claims against Defendant TD Bank NA, assign a new number to the severed action, and transfer the same to the Southern District of New York. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 534 MINUTE entry before the Honorable Charles P. Kocoras: The Court has reviewed the Magistrate Judge's Memorandum Report and Recommendation #516 and is in full agreement with the Magistrate Judge's conclusion that Defendants' attorney violated Fed. R. Civ. P. 11 and the ABA Model Rule of Professional Conduct 3.3 by failing to perform the requisite reasonable inquiries into the loan at issue, choosing to "avoid confirming" the facts underlying his representations to the Court regarding the loan, and doing nothing to correct inaccurate information he relayed to the Court. See Dkt. # 516, at 11, 17. Furthermore, the Court adopts the Magistrate's recommendation that "a rule to show cause be issued to require Defendants' attorney to explain why he should not be sanctioned for his failure to perform the requisite reasonable inquiry before making the statements he did to the court from May 2021 to August 2021." Id., at 17-18. Defendants' attorney shall do so by 7/5/2023. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 533 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 532 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 531 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 530 NOTICE of Correction regarding #528 (ec ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 529 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. For the reasons stated in open court, Plaintiffs' motion for writ of execution #504 is denied without prejudice. That said, based on the discussion held in court and because Defendants have already executed an assignment granting Plaintiffs the right to prosecute Richard Simon and his associates, Defendants are ordered to provide all contact information for Simon and his associates (including emails and banking information for wire transfers completed) and all documents generated and exchanged (except for documents protected under the attorney-client privilege) in connection with Defendants' failed Middle East loan. Defendants are to comply with this order by May 18, 2023. Mailed notice (ec ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 528 REPORT AND RECOMMENDATIONS. Signed by the Honorable Young B. Kim on 5/4/2023. Mailed notice (ec ) (Main Document 528 replaced on 5/5/2023) (ec, ). [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 527 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. For the reasons stated in open court, Plaintiffs' motion to set aside stipulation #462 is denied. For the same reasons, this court reports and recommends that the assigned District Judge enter an order directing the clerk's office to sever Plaintiffs' claims against Defendant TD Bank NA, assign a new number to this severed action, and transfer the same to the Southern District of New York forthwith. Enter Report and Recommendation. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 526 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 525 STATUS Report by Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 524 MINUTE entry before the Honorable Young B. Kim: A hearing on Plaintiffs' motions to set aside stipulation #462 and for writ of execution #504 is scheduled for May 4, 2023, at 1:00 p.m. in courtroom 1019. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 523 MINUTE entry before the Honorable Charles P. Kocoras: In light of the referral entered on 4/25/2023 #522 , telephonic status hearing set for 4/27/2023 is stricken. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 522 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding post-judgment proceedings that are currently taking place along with motion to set aside #462 and motion for writ of execution #504 . (vcf, )Mailed notice. [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 521 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Parties are to meet and confer consistent with courts directives on 4/25/2023. Individual status reports are due on 4/26/2023 by 2:00 p.m. Telephonic status hearing is set for 4/27/2023 at 11:20 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 520 STATUS Report on Refusal of Attorney Hildebrand to Allow Writ on Known Asset Streams by Lina Dou (Attachments: #1 Exhibit Email, #2 Exhibit Writ, #3 Exhibit Agreement)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 519 Advisory Brief on Available Sanctions by Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 518 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Parties are to meet and confer consistent with courts directives as stated in open court on 4/19/2023. Telephonic status hearing set for 4/20/2023 at 11:00 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 517 STATUS Report by Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 516 MEMORANDUM REPORT and RECOMMENDATION. Signed by the Honorable Young B. Kim on 4/7/2023. Mailed notice (ec ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 515 MINUTE entry before the Honorable Young B. Kim: In response to the court's order of December 14, 2022 order (R. 470), this court reports and recommends that a rule to show cause be issued against Defendants' attorney to explain why he should not be sanctioned for his failure to perform the requisite reasonable inquiry before making the statements he did to the assigned District Judge from May 2021 to August 2021 Enter Memorandum Report and Recommendation. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned District Judge. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 514 MINUTE entry before the Honorable Charles P. Kocoras: TelephonicStatus hearing held on 4/6/2023 and continued to 4/13/2023 at 12:00 P.M. (Noon) Central Time. Parties shall meet and confer before the submission of Status Report. Status Report and submission of documents as stated in open court are due by 4/11/2023. Mailed notice (smm) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 513 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Defendants' oral motion for extension of time to complete citation interrogatory answers by 4/6/2023 is granted. Telephonic status hearing set for 4/6/2023 at 10:40 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 512 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 3/30/2023 at 11:10 a.m. is reset to 10:20 a.m. (TIME CHANGE ONLY) Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 511 STATUS Report on refusal of Defendants to assign Chose in Action against Middle East fraudsters by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 510 TRANSCRIPT OF PROCEEDINGS held on February 28, 2023 before the Honorable Charles P. Kocoras. Order Number: 45329. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn Street, Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/10/2023. Redacted Transcript Deadline set for 4/20/2023. Release of Transcript Restriction set for 6/19/2023. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 509 MINUTE entry before the Honorable Charles P. Kocoras: Answers to Interrogatories shall be submitted no later than 3/28/2023. Telephonic status hearing set for 3/30/2023 at 11:10 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 508 REPLY by Lina Dou to Response #507 , MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan for writ of Execution #504 (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 507 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 506 STATUS Report on Court Ordered Conferral re Schematic by Lina Dou, Emmy Go, Karim Mahmoud, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Attachments: #1 Exhibit Proposed Schematic INTs)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 505 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing held. Defendants' motion to clarify order of February 9, 2023 #497 is denied. Plaintiffs' motion to compel #498 is granted in part as stated in open court and the request for sanctions is denied without prejudice. Plaintiffs' motion for writ of execution on certain of defendants' nonexempt asset streams pursuant to FED. R. CIV. P. 64, 69 & 735 ILCS 5/2-1402 #504 is entered and briefed as follows: Defendants' response is due by 3/14/23. Parties are to meet and confer consistent with court's directives as stated in open court. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 504 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan for writ of Execution (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 503 REPLY by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan to Response #499 on Motion to Compel and Request for Sanctions (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 502 MINUTE entry before the Honorable Charles P. Kocoras: Defendant Jeffrey Laytin's Motion to Allow Remote Deposition #501 is denied. With arrangements already in place for Mr. Laytin's in-person deposition, it is too late in the day to change plans already agreed upon and financially committed to. Motion to clarify #497 and the motion to compel #498 are set for 2/28/2023 at 11:00 a.m. For the telephonic motion hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 501 MOTION by Defendant Jeffrey L LaytinAllow Remote Deposition of Jeffrey Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 500 STATUS Report on Citation Materials as of 2.21.23 by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Attachments: #1 Exhibit Ex. A)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 499 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 498 MOTION by Plaintiff Lina Dou to produce documents per Court Order at Doc. 495 and impose sanctions for noncompliance, MOTION by Plaintiff Lina Dou for sanctions on Defendants and/or counsel for noncompliance (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 497 MOTION by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin to clarify (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 496 STATUS Report on Citation Materials by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 495
ORDER. This matter coming to be heard on Plaintiffs' citation to discover assets and motion to compel, the Court having been advised on the premises, IT IS HEREBY ORDERED: Plaintiffs' Motion to Compel is GRANTED in part. The deposition of Jason Ding in the ongoing citation proceedings shall proceed, in-person, in Chicago at the offices of class counsel on February 21, 2023 to begin at 12 pm CST. The deposition of Jeffrey Laytin in the ongoing citation proceedings shall proceed, in-person, in New York at 5 Penn Plaza, 23rd Floor, New York, NY 10001 on February 23, 2023 to begin at 12 pm EST. The documents, data and ESI responsive to the Citation statutory worksheets and the riders to the Deposition Notices for Messers. Ding and Laytin, including the documentation relating to any financing of the consent judgments, should be produced as soon as possible, but at the latest by February 16, 2023. As stated on the record by their counsel, Defendants hereby waive service and stipulate to jurisdiction for the ongoing citation proceedings. Signed by the Honorable Charles P. Kocoras on 2/9/2023. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 494 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing held. Plaintiff's motion to compel citation proceedings instanter per court order at doc. No. 457 #492 was heard and decided in open court. Parties shall send a proposed order to Proposed_Order_Kocoras@ilnd.uscourts.gov in Word format for entry. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 493 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing set for 2/9/2023 at 11:00 a.m. For the telephonic motion hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 492 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan to compel (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 491 STATUS Report by Lina Dou, Emmy Go, Karim Mahmoud, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 490 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 489 REPLY by Lina Dou to memorandum in opposition to motion #483 to set side stipulation at Doc. 109 and resume claims against TD Bank NA in this Court (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 488 MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Motion for Leave to File a Reply Instanter to TD Bank NA's Memorandum in Opposition #486 is granted. Plaintiff is instructed to file her Reply as a separate document. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 487 SEALED DOCUMENT by Defendant Carillon Tower/Chicago LP (Attachments: # 1 Exhibit Exhibit A to Defendants' Documents Ordered Filing, # 2 Exhibit Exhibit B to Defendants' Documents Ordered Filing, # 3 Exhibit Exhibit C to Defendants' Documents Ordered Filing, # 4 Exhibit Exhibit D to Defendants' Documents Ordered Filing, # 5 Exhibit Exhibit E to Defendants' Documents Ordered Filing, # 6 Exhibit Exhibit F to Defendants' Documents Ordered Filing)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 486 MOTION by Plaintiff Lina Dou for leave to file Instanter Reply to TD Bank NA's Motion in Opposition (Attachments: #1 Errata Plaintiffs' Reply To TD Bank NA's Motion in Opposition)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 485 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 484 NOTICE by Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Karim Mahmoud, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 483 MEMORANDUM by TD Bank N.A. in Opposition to motion to set aside, #462 (Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 482 STATUS Report on Fourth Partial Payment by Lina Dou, Emmy Go, Karim Mahmoud, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 481 MINUTE entry before the Honorable Charles P. Kocoras: Plaintiffs' motion to enforce #404 is denied as moot. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 480 MINUTE entry before the Honorable Charles P. Kocoras: Motions to appear pro hac vice #478 and #479 are granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 479 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20209785. (Miller, Pamela) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 478 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20208674. (Wagner, Lauren) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 477 MINUTE entry before the Honorable Charles P. Kocoras: In light of the briefing schedule set on 1/3/2023 #476 , motion hearing set for 1/12/2023 is stricken. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 476 MINUTE entry before the Honorable Charles P. Kocoras: Motion to Set Aside Stipulation at Dkt 109 and to Resume Claims in this Court Against Defendant TD Bank NA #462 is entered and briefed as follows: Response is due by 1/13/2023. Court will rule by mail. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 475 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion to set aside, #462 before Honorable Charles P. Kocoras on 1/12/2023 at 09:30 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 474 NOTICE by All Plaintiffs Supplemental Authority in Support of Motion to Retain Jurisdiction over TD Bank NA (Attachments: #1 Supplement 7th Circuit Decision)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 473 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 472 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 471 STATUS Report on Third Partial Payment by Lina Dou, Emmy Go, Karim Mahmoud, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 470 MINUTE entry before the Honorable Young B. Kim: In accordance with the order entered today (R. 469), Defendants are to file the documents ordered under seal by January 13, 2023. To be clear, Defendants are not required to serve a copy on Plaintiffs. Defendants are to title the filing as "Documents Ordered" and arrange the submissions to correspond to the categories identified on page 9 of this court's Report and Recommendation (R. 466 at 9). For example, Defendants are to submit documents related to the set-up of a title or closing escrow as Exhibit A. As for "F" documents, the court orders that Defendants' disclosure of these documents do not amount to a waiver of attorney-client privilege. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 469 MINUTE entry before the Honorable Charles P. Kocoras: The Court has reviewed the Magistrate Judge's Memorandum Opinion and Order and Report and Recommendation #466 and is in full agreement with the Magistrate Judge's decision to terminate the appointment of the special master. Defendants are ordered to produce the documents identified in the Order within 30 days for in camera review. See Dkt. # 466, at 89. The Magistrate Judge's jurisdiction is expanded to include conducting any proceedings, including the questioning of Jason Ding, deemed necessary to resolve the outstanding question of whether Defendants knowingly misrepresented material facts to the Court. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 468 MINUTE entry before the Honorable Young B. Kim: In light of Defendants' status report (R. 467), they now have until January 6, 2023, to pay the remaining balance of $10,384.77 to the Special Master. The Special Master is directed to update the court by email on January 9, 2023, whether Defendants have paid the remaining balance. If Defendants do not meet this obligation, the court will assess daily fines for failing to comply with the court's order of September 7, 2022, (R. 453), with November 8, 2022, as the starting date for the daily fines. Mailed notice (lp, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 467 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 466 MEMORANDUM OPINION and ORDER and REPORT AND RECOMMENDATION. Signed by the Honorable Young B. Kim on 12/12/2022: Mailed notice (lp, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 465 MINUTE entry before the Honorable Young B. Kim: Defendants' motion to terminate special master assignment #433 is granted in part and denied in part. Enter Memorandum Opinion and Order and Report and Recommendation ("Order"). The motion is granted in that this court terminates Special Master Karim Mahmoud's appointment. The motion is denied in that this court recommends that the court order Defendants to submit the documents identified in the Order for an in camera inspection and to produce Jason Ding for in-court questioning after the inspection of those documents. This court will keep the referral open until Defendants fully pay the outstanding balance due to the special master. Mailed notice (lp, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 464 STATUS Report of Nonpayment by Due Date and Other Matters by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 463 STATUS Report by Lina Dou (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 462 MOTION by Plaintiff Lina Dou to set aside Stipulation between Plaintiffs and TD Bank NA (Attachments: #1 Exhibit Escrow Agreement, #2 Exhibit StipulationFrom2019, #3 Exhibit PathOfEscrowReleasetoDefendant, #4 Exhibit EmailFromChicagoDeptPlanning)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 461 MINUTE entry before the Honorable Young B. Kim: On September 7, 2022, the court ordered "Defendants to pay $54,651.44 in two equal payments of $27,325.72. The first payment must be made by October 7, 2022, and the second payment must be made by November 7, 2022." (R. 453.) However, in response to the court's inquiry, the Special Master updated the court that Defendants have failed to comply with this order in that Defendants still owe $10,384.77. Defendants are ordered to explain by December 12, 2022, why they failed to comply with the payment plan included in the court's order of September 7, 2022---a payment plan Defendants themselves proposed on September 6, 2022. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 460 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 459 STATUS Report Nonpayment of Full Settlement Installment Due and Resumption of Citation Proceedings by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 458 STATUS Report of Partial Payment of Installment Due by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 457
ORDER. This matter coming to be heard on status on Plaintiffs' citation to discover assets and Defendants' Consent Judgment, the Court having been advised on the premises, IT IS HEREBY ORDERED: Plaintiff Yao has a judgment against Defendant Carillon Tower/Chicago LP with an unpaid balance of Two Hundred Seventy Six Thousand Eight Hundred and Seventy-Seven Dollars ($276,877) ("Yao Judgment"). Plaintiff Class and Class Counsel currently have a judgment against Defendants for One Million Six Hundred Thousand Fifty Dollars ($1,650,000) ("Settlement Agreement Judgment"). Defendants hereby agree to entry of judgment in favor of the Plaintiff Class and Class Counsel in the amount of Twenty Seven Million Five Hundred Thousand Dollars ($27,500,000) to enforce Defendants' payment obligation under the Settlement Agreement in this matter ("Consent Judgment"). The Consent Judgment will be signed by Mr. Ding and Mr. Laytin, individually and as representatives of all corporate Defendants. Signed by the Honorable Charles P. Kocoras on 9/19/2022. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 456 CONSENT JUDGMENT. This Judgment enforces the "Defendants" payment obligation under the Settlement Agreement at Dkt#301-2, finally approved by this Court at Dkt#304. Signed by the Honorable Charles P. Kocoras on 9/19/2022. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 455 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Parties shall send agreed orders to Proposed_Order_Kocoras@ilnd.uscourts.gov, in Word format, for approval and entry. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 454 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 9/15/2022 at 10:40 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 453 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion to compel Defendants to pay the Special Master #448 is granted. Based on Defendants' confirmation of the outstanding balance due to the Special Master and their proposal to pay 50% of the unpaid balance in early October and the remainder in early November, and the Special Master's acceptance of this payment schedule, the court grants leave to the Special Master to apply the remaining balance of $14,972.91 of the retainer amount to the current unpaid balance and orders Defendants to pay $54,651.44 in two equal payments of $27,325.72. The first payment must be made by October 7, 2022, and the second payment must be made by November 7, 2022. If payments are not timely received, the Special Master may alert the court by email. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 452 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. Defendants are to confirm the amounts the court noted during the hearing by this afternoon by email. Once confirmed, the court will confer with the Special Master about Defendants' payment plan proposal. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 451 MINUTE entry before the Honorable Young B. Kim: The hearing on Plaintiffs' motion to compel Defendants to pay Special Master (R. 448) is rescheduled for September 6, 2022, at 11:30 a.m. by phone. The conference call number for the hearing is (877) 336-1839 and the passcode is 4333213. Parties are to note the time change. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 450 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 9/8/2022 at 10:30 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 449 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion to enforce #448 before Honorable Young B. Kim on 9/6/2022 at 11:00 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 448 MOTION by Plaintiff Lina Dou to enforce Defendants to pay Special Master (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 447 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Parties are to meet and confer consistent with courts directives as stated in open court. Telephonic status hearing set for 9/1/2022 at 10:10 a.m., as stated on the record, is reset to 10:30 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 446 STATUS Report as of night prior to hearing by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 445 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 8/25/2022 at 10:00 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 444 TRANSCRIPT OF PROCEEDINGS held on August 4, 2022 before the Honorable Charles P. Kocoras. Order Number: 43836. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn Street, Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/5/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 443
ORDER. This matter coming to be heard on status on Plaintiffs' Citation to Discover Assets, the Court having been advised on the premises, IT IS HEREBY ORDERED: The hearing on the pending Citation set for August 9, 2022 is hereby continued until further order of the Court. Any evidentiary testimony relating to the pending Citation shall proceed in the first instance via deposition; and All further payments made by Defendants in furtherance of the satisfaction of the pending judgments or under the Settlement Agreement [ECF 301-2] shall be tendered to Class Counsel, Glen J. Dunn & Associates, Ltd., for deposit in its IOLTA account; and This matter is set for further telephonic status on Defendants proposed Consent Judgment, Plaintiffs' request for proposed dates for the depositions necessary for the pending Citation to Discover Assets and on the Defendants' proposed Letter of Intent relating to the financing to pay the outstanding judgment obligations on August 18, 2022 at 11:30 am. Signed by the Honorable Charles P. Kocoras on 8/8/2022. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 442 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 8/18/2022 at 11:30 a.m. For the reasons stated on the record, parties shall send the agreed order to Proposed_Order_Kocoras@ilnd.uscourts.gov, in Word format. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 441 REPLY by Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Karim Mahmoud, Symmetry Property Development II LLC to MOTION by Defendants Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim MahmoudTerminate Assignment #433 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 440 MINUTE entry before the Honorable Young B. Kim: Defendants' motion for leave to file a reply #439 is granted. They may file their reply by July 25, 2022. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 439 MOTION by Defendants Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud (Attachments: #1 Notice of Filing)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 438 RESPONSE by Lina Douin Opposition to MOTION by Defendants Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim MahmoudTerminate Assignment #433 and Request for Negative Inference, Discovery Sanctions, and Default Judgment (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 437 MINUTE entry before the Honorable Charles P. Kocoras: Citation hearing held and continued to 8/9/2022, hearing time will be set by separate order. Oral motion to expand citation is granted. Defendant's motion to continue hearing #434 is granted. Telephonic status hearing is set for 8/4/2022 at 10:40 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 436 NOTICE by All Plaintiffs re set/reset hearings, #432 Writ of Execution and Notice of Citation to Discover Assets of Two Executable Judgments (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 435 RESPONSE by Lina Douin Opposition to MOTION by Defendants Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim MahmoudContinue hearing #434 (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 434 MOTION by Defendants Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim MahmoudContinue hearing (Attachments: #1 Exhibit)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 433 MOTION by Defendants Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim MahmoudTerminate Assignment (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 432 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic Citation Hearing set for 7/12/2022 at 10:20 a.m. For the citation hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 431 NOTICE by All Plaintiffs re notice of motion, #421 , notice of filing #420 New Date for Citation Proceeding July 12, 2022 at 10:30 (Attachments: #1 Errata Citation Materials)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 430 MINUTE entry before the Honorable Young B. Kim: Defendants' motion for extension of time #428 is granted. Defendants now have until July 8, 2022, to file a response to the Special Master's supplemental report. This is a firm deadline. Plaintiffs then have until July 22, 2022, to file their own submission regarding the report and Defendants' response thereto. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 429 RESPONSE by Lina Douin Opposition to MOTION by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud for extension of time #428 and demand to produce documents by Special Master deadline (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 428 MOTION by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud for extension of time (Attachments: #1 Notice of Filing)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 427 SPECIAL MASTER'S SUPPLEMENTAL REPORT: by Karim Mahmoud. (Attachments: #1 Exhibit) (ec) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 426
ORDER. This matter coming to be heard on Plaintiff's Motion to Enforce Damages Due under the Settlement Agreement (Dkt 421), the Court having been advised in the premises and having heard oral argument, hereby finds and orders as follows: 1. Defendants have breached the Settlement Agreement approved by this Court at Dkt 304 and set forth at Dkt 301-2 by failing to fund the settlement of the class action prior to the expiration of the grace and cure period; 2. Damages for breach of the Settlement Agreement are $1,650,000, calculated as $1,500,000 under paragraph 3 ("Liquidated Damages"), and $150,000 under paragraph 16 ("Additional Attorney's Fees"); 3. An executable judgment in the amount of $1,650,000 is entered against the Defendants; and 4. Defendants are granted leave to file a motion for reconsideration only with respect to the portion of damages due under Paragraph 16 ($150,000) but not with respect to Paragraph 3 ($1,500,000) as they have conceded liability on this amount only as liquidated damages under the Settlement Agreement and the Personal Guarantees executed by Messrs. Jeffrey Laytin and Jason Ding. Signed by the Honorable Charles P. Kocoras on 6/6/2022. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 425 MINUTE entry before the Honorable Young B. Kim: Plaintiffs confirmed with the court by email that they have received the reimbursement payment the court ordered on June 2, 2022. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 424 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing held. Motion to Enforce Damages Due Under Settlement Agreement #419 is granted. Counsel shall send the draft order to Proposed_Order_Kocoras@ilnd.uscourts.gov in Word format for entry. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 423 MINUTE entry before the Honorable Young B. Kim: Defendants reported to the court on June 1, 2022, that they do not oppose Plaintiffs' motion for reimbursement of fees #415 and that they will complete the reimbursement on June 3, 2022. The motion is granted to the extent that Defendants are to reimburse Plaintiffs in the amount of $7,500. Defendants are ordered to make this reimbursement payment by tomorrow. Plaintiffs are to email the court by June 7, 2022, and confirm receipt of the ordered payment. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 422 MINUTE entry before the Honorable Young B. Kim: Status hearing held. Special Master Karim Mahmoud has received additional information from each side since the last status hearing. The Special Master is of the opinion at this time that he needs to review additional documents and interview certain individuals before he can conclude his investigation into the issue of whether Defendants and/or their counsel knowingly misrepresented material facts to the court regarding the Loan or the terms of the closing escrow. Defendants object to submitting additional documents or answering the Special Master's questions and take the position that the Special Master should be discharged. The court directs the Special Master to submit by June 7, 2022, his preliminary report on the issue under investigation based on the information he now has and to identify the specific documents he wishes to review and the individuals he wishes to interview before concluding his work. Defendants are then ordered to, by June 21, 2022, either file a response to this preliminary report and/or file a motion to discharge the Special Master. Plaintiffs then have until July 6, 2022, to file a response to Defendants' submission. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 421 Motion to Enforce Damages under Settlement Agreement and Citation to Discover Assets NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion to enforce #419 before Honorable Charles P. Kocoras on 6/2/2022 at 10:30 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 420 NOTICE by All Plaintiffs of Citation to Discover Assets of Defendants (Attachments: #1 Errata Income Statement for Citation)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 419 MOTION by Plaintiff Lina Dou to enforce Damages Due under Settlement Agreement at ECF301-2 (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 418 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for reimbursement #415 is entered and continued. Appearance on May 24, 2022, is not required to present this motion. Defendants have until June 1, 2022, to file a response to the motion. If Defendants satisfy the reimbursement request for $7,500 prior to the response due date and verify the satisfaction in writing, the court will deny the motion as moot. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 417
ORDER. Plaintiffs' Motion (Dkt. #397 ) is granted, the stay is lifted for purposes of carrying out the citation to discover assets, and the citation is extended to Ding and Laytin. Signed by the Honorable Charles P. Kocoras on 5/17/2022. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 416 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for miscellaneous relief #415 before Honorable Young B. Kim on 5/24/2022 at 08:30 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 415 MOTION by Plaintiff Lina DouReimbursement of Special Master Retainer Fees (Attachments: #1 Exhibit retainer)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 414 SUPPLEMENT to motion to enforce #404 instanter (Attachments: #1 Exhibit Email String)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 413 REPLY by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan to Response #412 , MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan, Special Master Karim Mahmoud to stay lift stay, enforce citation and other relief #397 (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 412 RESPONSE by Defendants Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, Special Master Karim Mahmoud (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 411
TRANSCRIPT OF PROCEEDINGS held on April 21, 2022 before the Honorable Charles P. Kocoras. Order Number: 43091. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn Street, Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
| Filing 410 MINUTE entry before the Honorable Charles P. Kocoras: Motion of Greenberg Traurig attorneys for leave to withdraw as counsel #408 is granted. Motion hearing set for 5/3/2022 is stricken. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 409 NOTICE of Motion by Arthur Don for presentment of motion to withdraw as attorney #408 before Honorable Charles P. Kocoras on 5/3/2022 at 09:30 AM. (Don, Arthur) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 408 MOTION by Attorney Arthur Don, Aaron Klein to withdraw as attorney for Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Symmetry Property Development II LLC. No party information provided (Don, Arthur) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 407 MINUTE entry before the Honorable Charles P. Kocoras: Plaintiffs' Motion to Enforce the Personal Guarantees of Jeffrey Laytin and Jason Ding, Instanter #404 is taken under advisement. Motion hearing set for 5/3/2022 is stricken. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 406 NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion to enforce #404 before Honorable Charles P. Kocoras on 5/3/2022 at 09:30 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 405 APPENDIX motion to enforce #404 Personal Guarantees of Jeffrey Laytin and Jason Ding (Attachments: #1 Exhibit Ex. A Personal Guarantee of Laytin, #2 Exhibit Ex. B Personal Guarantee of Ding, #3 Exhibit Ex. C Email to Defendant's Counsel)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 404 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan to enforce Personal Guarantees of Jeffrey Laytin and Jason Ding (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 403 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing held. Plaintiffs' Motion Lift Stay and Renew Citation to Discover Assets and Extend the Parties to be Examined #397 is entered and briefed as follows: Response is due by 4/28/2022; Reply, if any, is due by 4/30/2022. Court will rule by mail. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 402 MINUTE entry before the Honorable Young B. Kim: Status hearing held and continued to May 24, 2022, at 8:30 a.m. by phone. Parties are to use the same call-in information. Based on the discussions held in open court, Special Master Karim Mahmoud is directed to seek additional information and documents from Defendants and others to further investigate whether "Defendants and/or their counsel knowingly misrepresent[ed] material facts to the court regarding the Loan or the terms of the closing escrow[,]" (R. 383 at 5). Defendants are ordered to email the Special Master a copy of the declaration Richard Simon signed and the attachments thereto by April 25, 2022. The court directs the Special Master to submit an invoice to Defendants for the work already performed by the end of this month if he has not yet done so. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 401 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing set for 4/21/2022 at 10:50 a.m. is reset to 10:30 a.m. (TIME CHANGE ONLY) Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 400 MINUTE entry before the Honorable Young B. Kim: The court finds that Defendants do not currently have, and never previously had, a valid and enforceable loan from any lender from which the class settlement payment obligations can be satisfied. The status hearing set for tomorrow to stand. In October 2021, this matter was referred to this court for the purpose of appointing a special master to perform certain investigations. (R. 352.) In January 2022 the court appointed Attorney Karim Mahmoud of Hadef & Partners in Dubai, UAE to serve as the special master and entered an order outlining the scope of his task and questions he is to answer. (R. 382; R. 383.) Special Master Mahmoud completed his investigation and filed his initial report on February 16, 2022. (R. 387.) Special Master Mahmoud concludes that Defendants' supposed loan never existed. However, as to whether Defendants or their attorneys made intentional misrepresentations to the court, Special Master Mahmoud lacks sufficient information to answer this question. According to the report, there are two possible explanations: (1) Defendants lied to the court; and (2) Defendants are victims of loan fraud. Defendants did not file any objections to the report or comment on the findings. Based on the report, the court finds that there never was any loan from which Defendants could have satisfied the class settlement payment obligations. As such, this court urges Plaintiffs to consider their contractual rights in case of a default and take necessary steps to move this case forward. Also, in light of this finding, Defendants are ordered to pay the fees of Special Master Mahmoud within 30 days of receiving his invoice. (See R. 383 at 3.) Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 399 MINUTE entry before the Honorable Charles P. Kocoras: By request, motion hearing set for 4/19/2021 is reset to 4/21/2022 at 10:50 a.m. For the telephonic motion hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 398 NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion to stay, #397 before Honorable Charles P. Kocoras on 4/19/2022 at 09:30 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 397 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan, Special Master Karim Mahmoud to stay lift stay, enforce citation and other relief (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 396
TRANSCRIPT OF PROCEEDINGS held on 4/6/22 before the Honorable Young B. Kim. Order Number: 42977. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
| Filing 395 MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone and continued to April 20, 2022, at 8:30 a.m. Parties are to use the same call-in information. The court directs the Special Master to review the information he now has and report at the next status hearing whether he is able to take additional steps to provide more thoughts on Question No. 12, (R. 387 at 10). The court directs Defendants to file any objections or oppositions to the Special Master's initial report, (R. 387), by April 18, 2022. They are to also report at the next status hearing whether they have objections to the Special Master providing a copy of Defendants' documents he now has to Class Counsel with conditions that Class Counsel must treat them as confidential documents for attorneys' eyes only, not to be shared with others, including the information reflected therein. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 394 MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for April 6, 2022, at 9:00 a.m. to discuss the most recent status report. Parties are to use the same call-in information. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 393 SEALED DOCUMENT by Plaintiff Lina Dou Plaintiff Class Status Report (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 392 MINUTE entry before the Honorable Young B. Kim: Plaintiffs are to file the status report the court ordered on March 1, 2022, (R. 390), under seal as it will include bank records and private financial information. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 391 NOTICE by Daniel G. Hildebrand of Change of Address (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 390 MINUTE entry before the Honorable Young B. Kim: Status hearing held. For the reasons stated in open court, Defendants are ordered to provide Plaintiff Class, by March 4, 2022, the specific information about the relevant TD Bank accounts they used to satisfy the fees they allegedly paid to procure the subject loan. Information about the amounts and dates of the various wire transfers must also be provided. Plaintiff Class is ordered to serve a subpoena on TD Bank, by March 8, 2022, and seek documents pertaining to the wire transfers Defendants identity, with a response date of March 22, 2022. Plaintiff Class is directed to share TD Bank's response with the Special Master and Defendants by March 25, 2022, and file a status report (attaching the responsive documents), by March 29, 2022, advising the court whether TD Bank has produced documents confirming the alleged wire transfers. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 389 STATUS Report by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 388 MINUTE entry before the Honorable Young B. Kim: The status hearing scheduled for March 1, 2022, will start at 10:30 a.m. by phone. Parties are to note the time change. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 387 Initial Report of Special Master Karim Mahmoud. (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 386 MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for March 1, 2022, at 10:00 a.m. by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Enter Initial Report of Special Master Karim Mahmoud. The purpose of the status hearing is to discuss the parties' next steps in light of the initial report (e.g., Plaintiffs issuing a subpoena on TD Bank for documents confirming certain payments). Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 385 MINUTE entry before the Honorable Young B. Kim: Attorney Karim Mahmoud's motion for leave to appear pro hac vice as a special master in this case #384 is granted. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 384 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19060844. Motion for Leave to Appear as Special Master (Mahmoud, Karim) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 383
ORDER. Signed by the Honorable Young B. Kim on 1/5/2022. Mailed notice. (ec) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 382 MINUTE entry before the Honorable Young B. Kim: The court appoints Attorney Karim Mahmoud of Hadef & Partners in Dubai, UAE to serve as a special master in this case. Enter Order. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 381 MINUTE entry before the Honorable Young B. Kim: In light of the status report, the parties are ordered to complete their retainer agreement with Attorney Karim Mahmoud by December 22, 2021. After the retainer agreement has been finalized and the parties have completed their planned Zoom meeting with Attorney Mahmoud about the proposed investigation, they are to direct Attorney Mahmoud to email the court. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 380 STATUS Report Joint Status Report on Special Master by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 379 MINUTE entry before the Honorable Young B. Kim: In light of the joint status report #378 , the parties are to contact Attorneys Karim Mahmoud and Sadiq Jafar to determine whether either attorney is able to serve as the court's Special Master and is willing to investigate the questions [378-1] posed by the parties. Parties are to file a joint status report by December 10, 2021 (or sooner), identifying the attorney who has agreed to serve as a Special Master. Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 378 STATUS Report re Special Master Agreed Terms by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Attachments: #1 Exhibit, #2 Exhibit)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 377
TRANSCRIPT OF PROCEEDINGS held on September 23, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 376
TRANSCRIPT OF PROCEEDINGS held on September 14, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 375
TRANSCRIPT OF PROCEEDINGS held on September 9, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 374
TRANSCRIPT OF PROCEEDINGS held on September 7, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 373
TRANSCRIPT OF PROCEEDINGS held on September 2, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 372
TRANSCRIPT OF PROCEEDINGS held on August 26, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 371
TRANSCRIPT OF PROCEEDINGS held on August 24, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 370
TRANSCRIPT OF PROCEEDINGS held on August 19, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 369
TRANSCRIPT OF PROCEEDINGS held on August 12, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 368
TRANSCRIPT OF PROCEEDINGS held on August 5, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 367
TRANSCRIPT OF PROCEEDINGS held on July 29, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 366
TRANSCRIPT OF PROCEEDINGS held on July 22, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 365
TRANSCRIPT OF PROCEEDINGS held on July 13, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 364
TRANSCRIPT OF PROCEEDINGS held on June 17, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 363
TRANSCRIPT OF PROCEEDINGS held on June 10, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 362
TRANSCRIPT OF PROCEEDINGS held on May 27, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 361
TRANSCRIPT OF PROCEEDINGS held on May 20, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 360
TRANSCRIPT OF PROCEEDINGS held on May 13, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 359
TRANSCRIPT OF PROCEEDINGS held on May 11, 2021 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
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Filing 358
TRANSCRIPT OF PROCEEDINGS held on December 3, 2020 before the Honorable Charles P. Kocoras. Order Number: 41885. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. |
| Filing 357 MINUTE entry before the Honorable Young B. Kim: This order is entered in response to Plaintiff's status report, (R. 356). Parties are not to file status reports unless ordered by the court. Parties are to focus their attention on selecting a financial expert. (See R. 355.) Mailed notice (ec) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 356 STATUS Report from Plaintiff Class on Supposed FinCEN hold by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 355 MINUTE entry before the Honorable Young B. Kim: Status hearing held. Parties to confer on the following items by November 12, 2021: (1) the financial expert to be appointed as a special master in this case to examine the loan process for funding the approved class settlement; (2) the scope of the work to be performed by the special master; and (3) the sources of compensation for the special master's services. Parties are to then submit a joint status report by November 30, 2021, identifying the enumerated items in agreement and those not in agreement. For the disputed items, each side is directed to include their proposal and explain why their proposal is superior to that of the other side. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 354 STATUS Report by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 353 MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for October 26, 2021, at 2:00 p.m. by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 352 EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Young B. Kim; to act as Special Master. Signed by Executive Committee on 10/15/2021. (ec, ) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 351
ORDER: The Motion for Order of Referral to Magistrate Judge Kim for Appointment of Special Master (ECF #349 ) is granted. In light of this referral, Plaintiffs' Motion to Appoint an Expert (ECF #339 ) and Defendants' Motion to Appoint an Independent Expert (ECF #350 ) are denied as moot. Additionally, the Motion to Seal (ECF #345 ) is granted. It is so ordered. Signed by the Honorable Charles P. Kocoras on 10/14/2021. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 350 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to appoint expert and Opposition to Motion for Referral [ECF No. 349] (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 349 MOTION by Plaintiff Lina Dou for order of Referral to Magistrate Kim for Appointment of Special Master (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 348 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Plaintiffs' motion for specific request is due by 9/29/2021. Defendants' response is due by 10/6/2021. Court will rule by mail. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 347 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 9/23/2021 at 11:20 a.m. is reset to 11:00 a.m. (TIME CHANGE ONLY) Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 346 SEALED EXHIBIT by Plaintiff Lina Dou Declaration of Plaintiffs' Attorney Mr. Litowitz regarding MOTION by Plaintiff Lina Dou to seal instanter Declaration of Plaintiffs' Attorney Mr. Litowitz with Respect to Publicly Available Information Relating to the Settlement Funding #345 (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 345 MOTION by Plaintiff Lina Dou to seal instanter Declaration of Plaintiffs' Attorney Mr. Litowitz with Respect to Publicly Available Information Relating to the Settlement Funding (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 344 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 9/23/2021 at 11:20 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 343 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 9/14/2021 at 11:10.a.m. is reset to 11:00 a.m. (TIME CHANGE ONLY) Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 342 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 9/14/2021 at 11:10 a.m. The parties shall use the same call-in information #341 . Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 341 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 9/9/2021 at 10:10 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 340 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Plaintiff's motion to appoint third-party independent expert under Fed. R. Evid. 706 #339 is entered and continued. Telephonic status hearing set for 9/7/2021 at 10:20 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 339 MOTION by Plaintiff Lina Dou to appoint expert to investigate settlement status in Middle East (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 338 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 9/2/2021 at 11:20 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 337 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing held. Plaintiffs' motion for approval of financing to facilitate settlement #335 is denied as moot. Telephonic status hearing set for 8/26/2021 at 10:50 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 336 [Telephonic Hearing] NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for miscellaneous relief #335 before Honorable Charles P. Kocoras on 8/24/2021 at 11:00 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 335 MOTION by Plaintiff Lina DouApproval Of Financing to Enable Class Settlement (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 334 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 333 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 8/19/2021 at 11:00 a.m. The parties shall use the same call-in information #329 . Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 332 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continue to 8/12/2021. Hearing time will be set by separate order. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 331 STATUS Report Plaintiffs' Status Report 8.12.21 by Lina Dou (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 330 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 8/12/2021 at 11:10 a.m. is reset to 11:00 a.m.(TIME CHANGE ONLY) Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 329 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 8/12/2021 at 11:10 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 328 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 8/5/2021 at 10:50 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 327 STATUS Report - Defendant's Third Report on Status of Settlement Funding by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 326 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Parties shall contact the Court if a status hearing is needed. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 325 STATUS Report of Settlement Funding by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 324 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 7/29/2021 at 11:10 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 323 STATUS Report Nonpayment and History of Funding Defaults by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 322 Report on Status of Settlement Funding by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 321 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 7/22/2021 at 11:00 a.m is reset to 10:20 a.m. (TIME CHANGE ONLY) Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 320 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 7/22/2021 at 11:00 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 319 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic Status hearing set for 7/13/2021 at 10:50 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 318
ORDER: This matter coming to be heard on status of satisfaction and funding of the settlement escrow account and disbursement of settlement proceeds [ECF #315 ], and on matters raised in the plaintiffs' motion for rule to show cause [ECF #316 ], the Court having been advised on the premises and the parties being in agreement in fashioning an order, the plaintiffs' motion is granted, in part. Signed by the Honorable Charles P. Kocoras on 6/24/2021. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 317 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. As stated on the record, parties shall send the proposed agreed order to Proposed_Order_Kocoras@ilnd.uscourts.gov in Word format for entry. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 316 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan for rule to show cause (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 315 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 6/17/2021 at 11:10 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 314 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 6/10/2021 at 10:30 a.m. is reset to 11:10 a.m. (TIME CHANGE ONLY) For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 313
ORDER. IT IS HEREBY ORDERED: 1. Defendants are to advise Class Counsel, in writing, upon the satisfaction and payment of the outstanding invoice from the federal taxation authority; and 2. Defendants are to advise Class Counsel, in writing, upon deposit of the first tranche of loan proceeds into the U.S. title and trust account; and 3. Defendants Jeffrey Laytin and Jason Ding have stipulated and agreed to duly execute the Personal Guarantees required under the Settlement Agreement. Defendants are to provide those executed Personal Guarantees to Class Counsel no later than June 3, 2021; and 4. This matter is set for further status on the satisfaction and funding of the Settlement escrow account and disbursement of the settlement proceeds on June 10, 2021 at 10:30 am. Signed by the Honorable Charles P. Kocoras on 5/28/2021. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 312 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 6/10/2021 at 10:30 a.m. Parties shall send the proposed orders to Proposed_Order_Kocoras@ilnd.uscourts.gov. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 311 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 5/27/2021 at 10:30 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 310 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 5/20/2021 at 11:30 a.m. is reset to 10:50 a.m. (TIME CHANGE ONLY) For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 309 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held and continued to 5/20/2021 at 11:30 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (mjc, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 308 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic Status hearing set for 5/13/2021 at 11:00 a.m. is reset to 10:10 a.m. (TIME CHANGE ONLY) For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (mjc, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 307 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing held and continued to 5/13/2021 at 11:00 a.m. For the telephonic motion hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 306 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 5/11/2021 at 11:00 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 305 STATUS Report on Class Settlement by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 304
ORDER ON MOTION FOR FINAL APPROVAL. Signed by the Honorable Charles P. Kocoras on 2/4/2021. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 303 MINUTE entry before the Honorable Charles P. Kocoras: Final approval hearing held. If needed, the parties will notice the case up for a future date. Final approval order to follow. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 302 MINUTE entry before the Honorable Charles P. Kocoras: Final approval hearing set for set for 2/4/2021 at 11:00 a.m. is reset to 10:30 a.m. (TIME CHANGE ONLY) For the telephonic final approval hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 301 SETTLEMENT Agreement Final Approval (Attachments: #1 Exhibit Settlement Class List, #2 Exhibit Signed Settlement Agreement, #3 Exhibit Opt-out Revocation, #4 Exhibit Final Approval Order)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 300
ORDER ON MOTION FOR PRELIMINARY APPROVAL. Signed by the Honorable Charles P. Kocoras on 12/3/2020. Final approval hearing set for 2/4/2021 at 11:00 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 299 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing held. Joint motion for preliminary approval #298 is granted. Order to follow. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 298 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC for Preliminary Approval (Joint) (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 297 MINUTE entry before the Honorable Young B. Kim: In light of the class settlement, (R. 295; R. 296), all matters relating to the referral of this action have been concluded. The referral is closed and the case is returned to the assigned District Judge. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 296 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Preliminary approval hearing is set for 12/3/2020 11:00 a.m. Stay remains in place until further order of Court. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 295 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing held. Parties report to the Court that the case has been settled in principle. Oral motion to stay all matters of litigation until further order of Court is granted. Telephonic status hearing is set for 11/5/2020 at 11:00 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 294 MINUTE entry before the Honorable Charles P. Kocoras: By request and agreement of the parties, telephonic status hearing is set for 10/29/2020 at 10:20 a.m. to report on settlement. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 293 MINUTE entry before the Honorable Young B. Kim: The court's last order is amended to the extent that the parties are to file a joint status report by December 7, 2020, advising the court whether each side plans on retaining an expert. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 292 MINUTE entry before the Honorable Young B. Kim: Parties are not to reschedule Defendant Laytin's November 30, 2020 deposition without leave of court. Parties are to file a joint status report by December 6, 2020, advising the court whether each side plans on retaining an expert. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 291 DECLARATION of Jeffrey L. Laytin regarding text entry,,, set/reset hearings,, #290 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 290 MINUTE entry before the Honorable Young B. Kim: In light of the status reports the parties filed, (R. 288; R. 289), the fact discovery deadline of October 30, 2020, will stand. However, Plaintiffs are granted leave to depose Defendant Jeffrey Laytin remotely by November 30, 2020. Parties are to schedule Laytin's deposition by October 21, 2020. Also, Plaintiffs are correct that Defendants have yet to identify the account they are using to pay for their attorney fees. (See R. 285.) Defendants are to file a declaration by October 22, 2020, advising the court which bank account is being used to cover attorney fees and when Laytin is scheduled to appear for his deposition. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 289 STATUS Report by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 288 STATUS Report by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Attachments: #1 Exhibit Exhibits A-G)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 287 MINUTE entry before the Honorable Young B. Kim: Defendants' motion to modify #281 is denied. However, Defendants are granted until October 22, 2020, to make the $14,000 payment to Plaintiffs. The court was clear in its order of September 29, 2020, that "if Defendants would like to set the record straight and avoid paying an additional $14,000 in sanctions to Plaintiffs by October 2, 2020, they may do so by filing a supplement to the current motion and include monthly statements covering August 31, 2020, from all financial accounts (including brokerage accounts) held by Defendants, including Defendant Jeffrey Laytin." (R. 282). However, based on the declaration submitted by Defendant Laytin, (R. 286), he failed to provide all statements from all financial accounts belonging to him. The court did not ask for statements for accounts held solely by Defendants or statements for only bank accounts. The court asked for all financial accounts and Laytin's declaration does not cover all financial accounts. His declaration is limited to bank accounts. (See R. 286 at 1 ("I have only one other bank account in my name.").) Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 286 DECLARATION of Jeffrey L, Laytin, Symmetry Property Development II LLC, ForeFront EB5 Fund ICT, LLC.,Carillon Tower Chicago LP regarding motion for miscellaneous relief #283 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 285 MINUTE entry before the Honorable Young B. Kim: Defendants' motion to modify [ #281 , #283 ] is entered and continued. The deadline for paying another $14,000 in sanctions to Plaintiffs is stayed until further order of the court. On September 29, 2020, the court ordered Defendants to file a supplement in support of their motion to modify if they wished to avoid having to pay $14,000 and/or paying this amount by October 2, 2020. The court ordered Defendants to file under seal "monthly statements covering August 31, 2020, from all financial accounts (including brokerage accounts) held by Defendants, including Defendant Jeffrey Laytin." (R. 282.) According to the sealed filing, (R. 284), Defendants (Forefront EB-5 Fund (ICT) LLC, Symmetry Property Development II LLC, and Jeffrey Laytin), collectively hold only three financial accounts with a combined balance of less than $5,000 as of August 31, 2020. Also, from this court's review of Defendant Laytin's statement, the statement appears to be one for a business account and not his personal account. In order for the court to rely on these monthly statements for purposes of ruling on the pending motion to modify, the court requires a declaration from each of the three defendants attesting under the penalty of perjury that these are the only financial accounts they hold. The declarations are to be filed by October 7, 2020, as public documents but the accounts may be referred to as "Document 283" in the declarations. To be clear, Defendant Laytin must provide a separate declaration attesting that he holds only one financial account and that he holds no other financial accounts bearing his name, including joint accounts. Defendants must also identify for the court in their declarations the account they are using to pay their attorneys' fees and costs. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 284 SEALED DOCUMENT by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC - Exhibit to #283 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 283 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLCSupplemental Motion to Modify Order on Rule to Show Cause (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 282 MINUTE entry before the Honorable Young B. Kim: Defendants' motion to modify the court's sanction order of September 20, 2020 #281 , is entered and continued. There are no inaccuracies in Defendants' current motion to modify. Defendants did state in their motion filed on September 3, 2020, that they did not have sufficient funds to pay the required sanction amount by August 31, 2020. (R. 271 at 1.) However, the relief Defendants sought in that September 3rd motion was for "leave to respond to the Motion for Rule to Show Cause on Friday, September 18, 2020." (Id. at 2.) Given the relief sought, it was not necessary for the court to have verified whether Defendants were without funds to pay the sanction amount by August 31, 2020. For this reason, the court granted Defendants' motion and directed them to "explain why they should not be subject to additional sanctions." (R. 273.) Defendants failed to do so. Having said that, if Defendants would like to set the record straight and avoid paying an additional $14,000 in sanctions to Plaintiffs by October 2, 2020, they may do so by filing a supplement to the current motion and include monthly statements covering August 31, 2020, from all financial accounts (including brokerage accounts) held by Defendants, including Defendant Jeffrey Laytin. Defendants are granted leave to file these statements under seal for the court's review only. If such statements are filed, the deadline for paying the new sanction amount will be stricken. If not, the court will deny the motion. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 281 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to Modify Order on Rule to Show Cause (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 280 STATUS Report by Lina Dou (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 279 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for contempt #269 is granted. On July 25, 2020, the court ordered Defendants to pay Plaintiffs the total sum of $43,000 by August 31, 2020. (R. 259.) Defendants did not comply with this order. On September 9, 2020, the court granted Defendants "until September 18, 2020, to file a response to Plaintiffs' motion for rule to show cause, (R. 269), and explain why they should not be subject to additional sanctions." (R. 273.) Defendants filed their response on September 18, 2020, (R. 278), as ordered confirming that they paid the sum the court ordered, but not until September 14, 2020. (Id. at 2.) Despite the court's direction, Defendants did not offer any cause why they should not be subject to additional sanctions for failing to comply with the July 25, 2020 order. As such, Plaintiffs' motion is granted and Defendants are ordered to wire an additional $14,000 ($1,000 x 14 days) to Plaintiffs by October 2, 2020. The court will consider imposing stiffer penalties if Defendants continue to flout this court's orders. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 278 RESPONSE by Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin to MOTION by Plaintiff Lina Dou for rule to show cause for noncompliance with ECF 259 #269 (Attachments: #1 Exhibit)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 277 MINUTE entry before the Honorable Charles P. Kocoras: Motion to extend deadline to pay Yao attorney fees and leave to file a status report to the Court in that regard September 18, 2020 #274 is granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 276 MEMORANDUM Opinion and Order - Signed by the Honorable Young B. Kim on 9/11/2020. Mailed notice (np, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 275 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion to modify subpoena #266 is granted. Enter Memorandum Opinion and Order. Subpoena Respondent Waterbridge Capital LLC is ordered to respond to Plaintiffs' subpoena in New York (unless it emails the responsive documents to Plaintiffs) by September 25, 2020. Mailed notice (np, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 274 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to Extend Deadline to Pay Yao Attorney Fees (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 273 MINUTE entry before the Honorable Young B. Kim: Defendants' motion for leave to file a response to Plaintiffs' motion for rule to show cause #271 is granted. Defendants have until September 18, 2020, to file a response to Plaintiff's motion for rule to show cause, (R. 269), and explain why they should not be subject to additional sanctions. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 272 STATUS Report Non-Payment of Court Orders by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 271 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to set a response date on plaintiffs' Motion for Rule to Show Cause (Attachments: #1 Exhibit)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 270 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for rule to show cause #269 before Honorable Young B. Kim on 9/4/2020 at 11:00 AM. (Attachments: #1 Exhibit)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 269 MOTION by Plaintiff Lina Dou for rule to show cause for noncompliance with ECF 259 (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 268 MINUTE entry before the Honorable Charles P. Kocoras: Plaintiffs' motion to enforce payment of attorney fees under redemption agreement and addendum #219 is granted. A payment of $14,062.50 is to be made to each lawyer by Defendants, but the additional $2,500 in legal fees is declined. The payment is to be made within 7 calendar days. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 267 RESPONSE by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to motion for attorney fees #219 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 266 MOTION by Plaintiff Lina Dou to alter judgment in ECF 265 to Modify Subpoena (Attachments: #1 Supplement Westlaw reported case, #2 Supplement Westlaw reported case)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 265 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for an order of contempt against a subpoena respondent #263 is denied without prejudice because this court lacks jurisdiction to rule on the motion. Appearance on August 17, 2020, is not required to present this motion. According to the motion, Plaintiffs served a subpoena on Waterbridge Capital LLC ("WCL") in New York, New York, for discovery materials. Pursuant to Rule 45(c)(2), the place of WCL's compliance is in New York, not Illinois. Further, pursuant to Rule 45(d)(2)(i), Plaintiffs must file their motion with the court for the district where compliance is required. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 264 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for rule to show cause, #263 before Honorable Young B. Kim on 8/17/2020 at 11:00 AM. (Attachments: #1 Exhibit)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 263 MOTION by Plaintiff Lina Dou for rule to show cause for order of contempt against nonparty Waterbridge Capital for failure to respond to subpoena per FRCP 45(g) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 262 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic motion hearing held. Plaintiff's motion to enforce payment of attorney fees under redemption agreement and addendum #219 is entered and briefed as follows: Response is due by 8/13/2020. Court will rule by mail. Oral motion for immediate transfer of funds is entered and continued. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 261 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic Motion Hearing set for 8/6/2020 at 9:30 is reset to 10:50 AM.(TIME CHANGE ONLY.) Instructions for the teleconference will be sent prior to the hearing.Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 260 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for attorney fees #219 before Honorable Charles P. Kocoras on 8/6/2020 at 09:30 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 259 MINUTE entry before the Honorable Young B. Kim: In response to the court's order of June 5, 2020, (R. 247), Plaintiffs filed a status report on June 30, 2020, (R. 249), and Defendants responded to the status report on July 14, 2020, (R. 253). Based on the court's review of the information included in the submissions, the court orders Defendants to pay $43,000 ($18,000 + $21,000 + $4,000) to Plaintiffs by August 31, 2020. As for Plaintiffs' assertions that Defendants' court ordered chronology has flaws and gaps, Plaintiffs may argue these flaws and gaps in their motion for summary judgment or at trial. Defendants will be bound by the chronology they disclosed. As for attorney fees the court ordered on June 5, 2020, (R. 248 at 16), the court awarded only those fees incurred in connection with briefing Plaintiffs' motion for negative inference filed on April 7, 2020, (R. 226). However, Plaintiffs did not itemize the tasks performed or specify the number of hours expended in connection with filing the five-page motion on April 7, 2020, reviewing and analyzing Defendants' response filed on April 28, 2020, and filing a five-page reply on April 30, 2020. (See R. 249 at 2.) Based on the court's review of these filings, the court finds that attorney fees in the amount $4,000 is reasonable. As for the attorney fees in the amount of $28,125, which is the subject matter of Plaintiffs' motion to enforce, (R. 219), the court has already advised Plaintiffs that this particular enforcement issue "is beyond the scope of this court's [discovery] referral," (R. 221). Written discovery is now closed, except for supplementing earlier discovery responses as required under Rule 26(e) and serving requests to admit and subpoenas for records. If the parties wish to serve supplemental written discovery requests, they must seek leave of court by filing a motion and attaching the proposed set of supplemental requests as an exhibit to the motion. Parties are ordered to complete their fact discovery by October 30, 2020. Depositions are to be conducted by phone or by video. If an in-person deposition is required, the deposing party may file a motion for leave and explain the reason for the need. Parties are to also file a joint status report by October 23, 2020, and advise the court whether they require expert discovery. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 258 STATUS Report by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 257 STATUS Report by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Attachments: #1 Exhibit provided to the Court)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 256 MINUTE entry before the Honorable Young B. Kim: Defendants' motion for leave to seal exhibit #254 is granted. Defendants are granted leave to file Exhibit 1 to their response, (R. 253), under seal. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 255 SEALED EXHIBIT by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC regarding Response #253 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 254 MOTION by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC to seal Exhibit (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 253 RESPONSE by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC to status report #249 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 252 RESPONSE by Defendant Carillon Tower/Chicago LP to status report #249 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 251
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk4, Docket) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 250 MINUTE entry before the Honorable Young B. Kim: Defendants have until July 14, 2020, to file a response to Plaintiffs' concerns raised and relief they seek in their status report, (R. 249). Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 249 STATUS Report From Plaintiffs and Problems with Chronology of Funds by Lina Dou (Attachments: #1 Exhibit, #2 Exhibit)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 248 MEMORANDUM Opinion and Order Signed by the Honorable Young B. Kim on 6/5/2020. (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 247 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for negative inference and discovery sanctions #226 is granted in part and denied in part. Appearance on June 9, 2020, is not required to present this motion. Enter Memorandum Opinion and Order. Plaintiffs are ordered to file a status report by July 1, 2020, advising the court if and when Defendants complied with today's order and petitioning for their attorney's fees. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 246 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for sanctions #226 before Honorable Young B. Kim on 6/9/2020 at 11:00 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 245
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket5, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 244 Defendants' Fifth Report on Funds Chronology by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Attachments: #1 Exhibit 1-2)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 243 STATUS Report on Non-Production by Defendants by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 242 Defendant's Fourth Report on Funds Chronology by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Attachments: #1 Exhibit 1)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 241 MINUTE entry before the Honorable Young B. Kim: Defendants' motion for leave to file certain exhibits under seal #237 is granted Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 240 MINUTE entry before the Honorable Charles P. Kocoras: In light of Third Amended General Order 20-0012, dated 4/24/20, the currently set status and/or motion hearing in this matter is postponed and will be set by further order of the Court. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 239 SEALED EXHIBIT by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin regarding other #236 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 238 SEALED EXHIBIT by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin regarding MOTION by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin to seal Exhibits #237 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 237 MOTION by Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin to seal Exhibits (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 236 Defendants' Third Report on Funds Chronology by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 235 STATUS Report on Defendants' Non-Production by Lina Dou (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 234 DEFENDANTS' SECOND REPORT ON FUNDS CHRONOLOGY by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 233 REPLY by Lina Dou to response to motion, #232 , MOTION by Plaintiff Lina Dou for sanctions negative inferences and discovery sanctions #226 (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 232 RESPONSE by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to MOTION by Plaintiff Lina Dou for sanctions negative inferences and discovery sanctions #226 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 231 MINUTE entry before the Honorable Young B. Kim: Defendants' response to Plaintiffs' motion for sanctions is still due on April 28, 2020. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 230
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket4, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 229 STATUS Report by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 228 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for discovery sanctions #226 is entered and continued. Defendants have until April 28, 2020, to file a response. Plaintiffs' motion to seal exhibits #227 is denied without prejudice. First, Plaintiffs filed the two exhibits to be filed under seal as public documents. They should exercise more care when uploading confidential documents. Second, Plaintiffs describe the motion on the entry as a motion for leave to file exhibits under seal, but the document itself is the same motion for discovery sanctions filed as Docket Entry No. 226. The clerk's office is directed to remove Docket Entry No. 227 in its entirety as soon as possible. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 227 Document removed per Court Order #228 (Docket Text modified by Clerks' Office on 4/7/2020) (lw, ). [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 226 MOTION by Plaintiff Lina Dou for sanctions negative inferences and discovery sanctions (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 225 Report on Funds Chronology by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 224 MINUTE entry before the Honorable Charles P. Kocoras: Based upon Second Amended General Order 20-0012, motion hearing previously set for 4/7/2020 is reset to 5/14/2020 at 9:30 AM. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 223
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket2, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 222 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for attorney fees #219 before Honorable Charles P. Kocoras on 4/7/2020 at 09:30 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 221 MINUTE entry before the Honorable Young B. Kim: The notice of motion presentment for March 27, 2020, (R. 220), is stricken. The motion associated with this notice, (R. 219), is a dispositive motion that is beyond the scope of this court's referral. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 220 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for attorney fees #219 before Honorable Young B. Kim on 3/27/2020 at 11:00 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 219 MOTION by Plaintiff Lina Dou for attorney fees Motion to Enforce Atty Fees under Redemption Agmt and Addendum (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 218 MINUTE entry before the Honorable Young B. Kim: Defendants' motion for extension of time #214 is granted. (Defendants are reminded that pursuant to Local Rule 5.3(b), a notice of motion must accompany every motion so that it may be heard in open court or by phone in a timely manner if necessary.) Defendants now have until April 3, 2020, to submit a chronology showing how the investment funds from Plaintiffs flowed through Defendants and their related entities to outside entities and vendors. Defendants must cite to the records produced by TD Bank (TD000001-TD000609) when preparing this chronology. This new deadline is a firm deadline. Unless there is an executed class settlement agreement, Defendants are ordered to comply with this deadline. This new deadline will stand even if a new general order is entered after the entry of this order in response to the current health crisis. If Defendants do not, the court will entertain a motion for negative inferences to be drawn from their failure. As for attorney fees, if Defendants have failed to pay the fees in a timely manner, Plaintiffs' counsel should consider filing a motion to enforce the relevant settlement terms pertaining to fees. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 217
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 216 RESPONSE by Lina Dou to MOTION by Defendant Carillon Tower/Chicago LP for extension of time To Provide Flow of Funds Chronology Based on Parties' Settlement Term Sheet #214 Plaintiffs' Response to ECF 214/215 Motions (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 215 Position on Payment of Attorney's Fees by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 214 MOTION by Defendant Carillon Tower/Chicago LP for extension of time To Provide Flow of Funds Chronology Based on Parties' Settlement Term Sheet (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 213 NOTICE by All Plaintiffs re order on motion to stay,, motion hearing, #209 Notice of Producing Responses to Requests to Admit (Attachments: #1 Errata Westlaw Case)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 212 MINUTE entry before the Honorable Charles P. Kocoras: Attorney Nicole Mirjanich's motion to withdraw appearance on behalf of TD Bank, N.A. #210 is granted. Motion hearing set for 3/12/2020 is stricken, no appearance is required. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 211 NOTICE of Motion by Nicole Mirjanich for presentment of motion to withdraw as attorney #210 before Honorable Charles P. Kocoras on 3/12/2020 at 09:30 AM. (Mirjanich, Nicole) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 210 MOTION by Attorney Nicole Mirjanich to withdraw as attorney for TD Bank N.A.. No party information provided (Mirjanich, Nicole) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 209 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. Plaintiffs' motion to stay discovery #199 is denied. However, Plaintiffs have until April 27, 2020, to answer Defendants' written discovery requests. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 208 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. Plaintiffs' motion to enforce discovery sanctions #198 is granted to the extent that Defendants have until March 3, 2020, to pay the court ordered fine in the amount of $8,971.43 (15 weeks and 4 days reduced by the payment of $6,600) to Plaintiffs. This amount is based on Defendants producing discovery responses on February 24, 2020. (Defendants still owe several emails in response to Request No. 9.) As stated in open court, Plaintiffs may raise issues over the sufficiency of the response if they wish and seek a greater fine. In order to better understand the documents Defendants have produced, and for the reasons stated in open court, Defendants are ordered to submit a chronology, by March 13, 2020, showing how the investment funds from Plaintiffs flowed through Defendants and their related entities to outside entities and vendors. Defendants must cite to the records produced by TD Bank (TD000001-TD000609) when preparing this chronology. By this same deadline, Defendants are to take a position on when they will pay the total sum of $28,125 in fees to Attorneys Dunn and Litowitz. The record of today's proceeding is restricted, and only the attorneys of record may have access to a transcript of the proceeding if one is needed. Parties are to be more careful when filing confidential documents and discussing confidential documents in open court. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 207 RESPONSE by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to MOTION by Plaintiff Lina Dou for judgment enforcing discovery sanctions and for overdue attorneys fees under settlement agreementMOTION by Plaintiff Lina Dou to enforce court order on discovery sanctions and payment of attorney fees on settlement agreement #198 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 206 MINUTE entry before the Honorable Young B. Kim: Defendants' motion to place an exhibit under seal and for a hearing #201 is granted. First, the clerk's office is ordered to place Document No. 198-2 under seal. Even if the underlying settlement agreement is already made public as of February 6, 2019, the addendum agreement does not need to remain public. Second, the hearing set for February 25, 2020, on Plaintiffs' motion for payment #198 and to stay Defendants' discovery requests #199 will proceed as scheduled at 11:00 a.m. in courtroom 1019. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 205 NOTICE by All Plaintiffs re notice of motion, #200 Revised per clerk request to show date/time Feb 25 at 11:00am (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 204 Corrected NOTICE of Motion by Daniel G. Hildebrand for presentment of motion to seal document, #201 before Honorable Young B. Kim on 2/25/2020 at 11:00 AM. (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 203 NOTICE of Motion by Daniel G. Hildebrand for presentment of motion to seal document, #201 before Honorable Charles P. Kocoras on 2/25/2020 at 11:00 AM. (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 202 RESPONSE by Lina Douin Opposition to MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to seal document and set a briefing schedule and hearing date #201 (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| MOTION to set briefing schedule and hearing date by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Omitted reliefs from motion #201 ) (pk, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 201 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to seal document and set a briefing schedule and hearing date (Attachments: #1 Exhibit 1-5)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 200 [No Oral Argument Requested, Court may decide on papers] NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for judgment,, motion to enforce, #198 , motion to stay #199 before Honorable Young B. Kim on 2/25/2020 at 11:00 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 199 MOTION by Plaintiff Lina Dou to stay Defendants' discovery until they themselves comply with discovery (Attachments: #1 Errata UnreportedDecision7thCir)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 198 MOTION by Plaintiff Lina Dou for judgment enforcing discovery sanctions and for overdue attorneys fees under settlement agreement, MOTION by Plaintiff Lina Dou to enforce court order on discovery sanctions and payment of attorney fees on settlement agreement (Attachments: #1 Exhibit, #2 Exhibit)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 197 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. For the reasons stated in open court, Plaintiffs' motion for rule to show cause against Subpoena Respondent TD Bank #190 is denied and TD Bank's motion for protective order #192 is granted. As such, the protective order the court entered on March 5, 2019, (R. 66), shall apply to any production of documents made by TD Bank. TD Bank is directed to respond to Plaintiffs' subpoena by February 4, 2020. Furthermore, for the reasons discussed in open court, Plaintiffs are ordered to pay TD Bank its attorneys' fees in the amount of $4,000 by February 3, 2020. The court asked and TD Bank's attorneys answered that they spent a total of 12 hours totaling about $12,000 (this amount is not finalized or confirmed) to prepare the motion and to present the same today. While the motion itself was well prepared and TD Bank won the relief it sought, when shifting attorneys' fees from one party to the other party as a form of sanction, the court must be mindful that the fee amount must be reasonable. The court finds that under the circumstances of this situation, Plaintiffs should pay 1/3 of the sum. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 196 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. Plaintiffs' motion for default judgment #179 is granted to the extent explained in this order. Plaintiffs withdrew their demand for default judgment, but sought sanctions against Defendants. Based on the in- court discussion, the court finds that Defendants have violated the court's order of November 7, 2020. The court further finds that Defendants did not make any effort to comply with the subject order since the court issued the order. This is not acceptable. First, Defendants are to supplement their responses to Plaintiffs' Requests for Production Nos. 1, 5, 9, 11, 12, and 14 as soon as possible. In response to Nos. 12 and 14, Defendants are to produce a copy of all loan documents related to Defendants' development projects as discussed in court. Second, Plaintiffs are granted leave to re-depose Jason Ding on the documents subpoenaed from TD Bank and the tax returns Defendants produced in response to Requests for Production Nos. 3 and 7. Defendants, through Ding, have represented to the court that the tax returns show how the $44 million loan made by Defendant Carillon to Symmetry Tower has been spent. Third, Defendants are ordered to pay attorney fees to Plaintiffs in the amount of $1,600 by February 7, 2020. Fourth, Defendants are also assessed $1,000 fine, to be paid to Plaintiffs, for each week they are out of compliance with the court's November 7, 2020 order. The total amount of fine to be paid to Plaintiffs will be determined once Defendants have complied with this order. The court prefers that the parties work out the total fine amount and when the amount should be paid. However, if they cannot agree, the parties are to seek an order from this court as soon as possible. To date, from November 22, 2019, to today, Defendants have accrued $9,428.57 (nine weeks and three days) in fine. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 195 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. Parties reported that they conferred about Plaintiffs' motion for protective order #188 and have reached an agreement on the concerns Plaintiffs expressed in their motion. As a result, Plaintiffs withdraw the motion. Defendants have until February 7, 2020, to serve an amended set of written discovery on Plaintiffs and Plaintiffs have until March 20, 2020, to respond to them. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 194 MINUTE entry before the Honorable Young B. Kim: Parties are reminded that they are required to furnish the court with a courtesy copy of their motions if they exceed 10 pages. (See Local Rule 5.2(f).) Plaintiffs are directed to deliver a copy of Document Nos. 188 and 190 and Defendant TD Bank is directed to deliver a copy of Document No. 192 by January 27, 2020. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 193 NOTICE of Motion by Edward N. Moss for presentment of motion for protective order #192 before Honorable Young B. Kim on 1/27/2020 at 11:00 AM. (Moss, Edward) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 192 MOTION by Defendant TD Bank N.A. for protective order (Attachments: #1 Exhibit A-D)(Moss, Edward) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 191 Notice of Rule to Show Cause Motion NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for rule to show cause, #190 before Honorable Young B. Kim on 1/27/2020 at 11:00 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 190 MOTION by Plaintiff Lina Dou for rule to show cause against TD Bank NA under FRCP 45(g) for Failure to Produce Bank Records and for Fees Against TD and Defendants (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 189 Plaintiff's NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for protective order #188 before Honorable Young B. Kim on 1/27/2020 at 11:00 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 188 MOTION by Plaintiff Lina Dou for protective order and Hearing to Narrow Defendants' Discovery Requests (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Litowitz, Douglas) (Attachment 1 replaced on 1/4/2022) (ey, ). [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 187 RESPONSE by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to MOTION by Plaintiff Lina Dou for default judgment as to FRCP 37(b) for failure to obey court orders and lying in discovery answers #179 (Dkt. 182) (Attachments: #1 Exhibit 1-2)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 186 MINUTE entry before the Honorable Young B. Kim: Defendants' motion for extension and to reschedule #185 is granted. Defendants now have until January 17, 2020, to file a response to Plaintiffs' motion for default judgment, (R. 179). The January 23, 2020 motion hearing is rescheduled for January 27, 2020, at 11:00 a.m. in courtroom 1019. Defendants are ordered to appear at the hearing through Attorney Daniel Hildebrand. Defendant Jeffrey Laytin (or Jason Dong) is also ordered to appear at the motion hearing. Defendants are reminded that pursuant to Local Rule 5.3(b), a notice of motion must accompany every motion, even if a motion is an agreed motion, so that it may be heard in open court in a timely manner if necessary. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 185 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC for extension of time to file response/reply as to order on motion to supplement,, terminate motions, #183 , motion for default judgment #179 ans to Re-Set Hearing Date (Attachments: #1 Exhibit 1-5)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 184 MINUTE entry before the Honorable Young B. Kim: A hearing on Plaintiffs' motion for default judgment #179 is scheduled for January 23, 2020, at 11:00 a.m. in courtroom 1019. On November 25, 2019, the court granted Plaintiffs until January 10, 2020, to file a motion for sanctions against Defendants and granted Defendants until January 24, 2020, to file a response thereto. (R. 178.) However, Plaintiffs ended up filing their motion for sanctions on December 15, 2019. (R. 179.) In response, the court ordered Defendants to file a response to the motion by January 8, 2020. (R. 181.) Defendants did not file anything opposing the motion. Defendants are ordered to appear at the hearing through Attorney Daniel Hildebrand. Defendant Jeffrey Laytin (or Jason Dong) is also ordered to appear at the motion hearing. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 183 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion to supplement #182 is granted. Defendants are to consider this supplemental information when responding to Plaintiffs' motion for default judgment, (R. 179). Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 182 MOTION by Plaintiff Lina Dou to supplement Motion for Default Judgment Under FRCP 37(b) for Failure to Obey Court Orders on Discovery and Intentional Lying on Discovery (Attachments: #1 Exhibit ChanceryCourtJudgment, #2 Exhibit SymmetryChanceryMotionDenied)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 181 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion for default judgment #179 is entered and continued. Appearance on December 20, 2019, is not required to present this motion. Defendants have until January 8, 2020, to file a response. Mailed notice (Kim, Young) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 180 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for default judgment #179 before Honorable Young B. Kim on 12/20/2019 at 11:00 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 179 MOTION by Plaintiff Lina Dou for default judgment as to FRCP 37(b) for failure to obey court orders and lying in discovery answers (Attachments: #1 Exhibit ExhibitsToMotion)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 178 MINUTE entry before the Honorable Young B. Kim: Status hearing held. Parties reported that they have exchanged Rule 26(a)(1) disclosures. Parties are ordered to comply with the following: (1) Defendants have until December 20, 2019, to serve their written discovery requests on Plaintiffs; (2) Plaintiffs have until January 10, 2020, to file their motion for sanctions if they find that Defendants' supplemental responses do not comply with the court's order of November 7, 2019; (3) Plaintiffs have until January 20, 2020, to respond to Defendants' written discovery requests; and (4) Defendants have until January 24, 2020, to file their response to Plaintiffs' motion for sanctions, if one is filed. Jason Ding is ordered to appear for his deposition on December 30, 2019. This deposition date may not be rescheduled without leave of court. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 177 MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for November 25, 2019, at 11:00 a.m. in courtroom 1019. Mailed notice (ma,) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 176 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Young B. Kim. Signed by Executive Committee on 11/7/2019. (lma, ) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 175
ORDER: The Plaintiffs' motion #157 to compel discovery is granted in part and denied in part. The Defendants have fourteen days from the issuance of this order to produce the requested discovery. This case will be referred to Magistrate Judge Kim for any future discovery disputes. It is so ordered. Signed by the Honorable Charles P. Kocoras on 11/7/2019. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 174 TRANSCRIPT OF PROCEEDINGS held on October 1, 2019 before the Honorable Charles P. Kocoras. Order Number: 36429. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/12/2019. Redacted Transcript Deadline set for 11/21/2019. Release of Transcript Restriction set for 1/21/2020. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 173 NOTICE by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan of filing Plaintiff's Reply (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 172 REPLY by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan to response in opposition to motion, #170 to compel discovery responses and depostion of Jason Ding (Attachments: #1 Exhibit)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 171 ATTORNEY Appearance for Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan by Glen Joseph Dunn, Jr (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 170 RESPONSE by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLCin Opposition to MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan to compel to compel discovery responses and depostion of Jason Ding #157 (Attachments: #1 Exhibit A-J)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 169 AFFIDAVIT of (Attachments: #1 Exhibit 1-28, #2 Affidavit, #3 Exhibit 31-38)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 168 MINUTE entry before the Honorable Charles P. Kocoras: Status and motion hearing held. For the reasons stated in open court, citations #159 and #161 are entered and continued. Plaintiff's motion to compel discovery responses and deposition of Jason Ding #157 is entered and briefed as follows: Response is due by 10/8/2019; Reply is due by 10/15/2019. Court will rule by mail. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 167 ANSWER to amended complaint by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 166 NOTICE of Citation Hearing for presentment of Citation to Discover Assets set for 10/1/2019 at 9:30 AM. (Attachments: #1 Symmetry Property Development)(pj, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 165 CITATION to Discover Assets issued as to Carillon Tower/Chicago LP, Symmetry Property Development. (Amended Notices Filed) (pj, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 164 AMENDED NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion for miscellaneous relief #159 before Honorable Charles P. Kocoras on 10/1/2019 at 09:30 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 163 AMENDED NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion for miscellaneous relief #161 before Honorable Charles P. Kocoras on 10/1/2019 at 09:30 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 162 NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion for miscellaneous relief #161 before Honorable Charles P. Kocoras on 10/1/2019 at 09:30 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 161 MOTION by Plaintiff Ying YaoCitation to Discover assets of carillon (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 160 NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion for miscellaneous relief #159 before Honorable Charles P. Kocoras on 10/1/2019 at 09:30 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 159 MOTION by Plaintiff Ying YaoCitation to Discover Assets of Symmetry (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 158 NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion to compel, #157 before Honorable Charles P. Kocoras on 10/1/2019 at 09:30 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 157 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan to compel to compel discovery responses and depostion of Jason Ding (Attachments: #1 Exhibit)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 156 MINUTE entry before the Honorable Charles P. Kocoras: Status hearing set for 10/1/2019 at 9:30 AM. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 155
ORDER: The Plaintiffs' motion to issue a writ of execution and authorize citations to discover assets #145 is granted in part and denied in part. It is so ordered. Signed by the Honorable Charles P. Kocoras on 9/16/2019. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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Filing 154
ORDER: The Plaintiffs' motion to freeze the Defendants' assets #123 is denied. It is so ordered. Signed by the Honorable Charles P. Kocoras on 9/11/2019. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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Filing 153
ORDER: The parties' motions #105 and #136 are granted in part and denied in part. Signed by the Honorable Charles P. Kocoras on 9/11/2019. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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Filing 152
ORDER: The Plaintiffs' Motion for Class Certification is granted. It is so ordered. Signed by the Honorable Charles P. Kocoras on 9/11/2019. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 151 REPLY by Lina Dou to response in opposition to motion, #150 re execution of writ and citations (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 150 RESPONSE by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLCin Opposition to MOTION by Plaintiff Annabelle Yaoto issue writ and authorize citations #145 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 149 MINUTE entry before the Honorable Charles P. Kocoras: Motion hearing held. Motion to issue writ of execution and authorize citations to discover assets #145 is entered and briefed as follows: Response is due by 9/4/2019. Reply is due by 9/11/2019. Court will issue a written ruling by 9/18/2019. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 148 TRANSCRIPT OF PROCEEDINGS held on August 8, 2019 before the Honorable Charles P. Kocoras. Order Number: 35702. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/11/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/19/2019. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 147 MINUTE entry before the Honorable Charles P. Kocoras: Status hearing held. Motion to seal document #136 is entered. Court will rule by mail. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 146 NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion for miscellaneous relief #145 before Honorable Charles P. Kocoras on 8/22/2019 at 09:30 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 145 MOTION by Plaintiff Annabelle Yaoto issue writ and authorize citations (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 144 MINUTE entry before the Honorable Charles P. Kocoras: Status and motion hearing held. Motion for leave to file under seal #136 is entered and continued. Parties to confer regarding the seal documents. Motion to substitute amended response in opposition to Plaintiffs' renewed motion to freeze assets instanter #141 is granted. Status hearing set for 8/15/2019 at 10:00 a.m. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 143 SEALED DOCUMENT by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC Affidavit of Jason Ding (Attachments: # 1 Exhibit 31-36, # 2 Exhibit 37-38)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 142 AMENDED response in opposition to motion, #135 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 141 MOTION by Defendants Carillon Tower/Chicago LP, Jeffrey L Laytin, Symmetry Property Development II LLC[Agreed] Motion to Substitue Amended Response in Opposition to Plaintiffs' Renewed Motion to Freeze Assets Instanter (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 140 REPLY by Lina Dou to response in opposition to motion, #135 to Freeze Assets and Stay Foreclosure of 739 N. Wabash (Attachments: #1 Exhibit, #2 Declaration)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 139 RESPONSE by Lina Douin Opposition to MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to seal document /Affidavit of Jason Ding #136 (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 138 NOTICE of Motion by Daniel G. Hildebrand for presentment of motion to seal document #136 before Honorable Charles P. Kocoras on 8/8/2019 at 09:30 AM. (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 137 SEALED DOCUMENT by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC Affidavit of Jason Ding (Attachments: # 1 Exhibit 31-36, # 2 Exhibit 37-38)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 136 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to seal document /Affidavit of Jason Ding (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 135 RESPONSE by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLCin Opposition to MOTION by Plaintiff Lina Dou for preliminary injunction to Freeze Assets and Stay Foreclosure of 739 N. Wabash #123 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 134 TRANSCRIPT OF PROCEEDINGS held on July 9, 2019 before the Honorable Charles P. Kocoras. Order Number: 35306. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/5/2019. Redacted Transcript Deadline set for 8/15/2019. Release of Transcript Restriction set for 10/15/2019. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 133 ENTERED JUDGMENT. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
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Filing 132
ORDER: The Carillon Defendant's motion is denied. It is so ordered. Signed by the Honorable Charles P. Kocoras on 7/12/2019. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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Filing 131
ORDER: The Court grants Tizi's motion to dismiss without prejudice. It is so ordered. Signed by the Honorable Charles P. Kocoras on 7/12/2019. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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Filing 130
ORDER: The Court grants Fordham's motion to dismiss without prejudice. It is so ordered. Signed by the Honorable Charles P. Kocoras on 7/11/2019. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
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| Filing 128 MINUTE entry before the Honorable Charles P. Kocoras: The record before the Court establishes that the Settlement Agreement between Plaintiff Annabelle Yao and Defendant Carillon Tower/Chicago LP was effective January 31, 2019. The Settlement Agreement states, "the Partnership shall pay to Yao the sum of $562,500." Despite Ms. Yao's performance on January 28, 2019, Defendant Carillon Tower/Chicago LP has to date failed to pay Ms. Yao in full. Accordingly, the Court grants Plaintiff's Motion to Enforce Settlement Agreement #39 and enters judgment as to the remaining balance owed to Ms. Yao. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 127 MINUTE entry before the Honorable Charles P. Kocoras: In light of the Motion by Plaintiff Lina Dou for preliminary injunction to Freeze Assets and Stay Foreclosure of 739 N. Wabash #123 , the Court deems the renewed motion to displace the original Motion by Plaintiff Annabelle Yao for preliminary injunction #34 . Therefore, the original motion #34 is deemed moot. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 129 MINUTE entry before the Honorable Charles P. Kocoras: Motion hearing held. Renewed motion to freeze assets and stay foreclosure of 739 N. Wabash #123 is entered and briefed as follows: Response is due by 7/19/2019; Reply is due by 8/2/2019. Court will rule by mail. Oral motion to file a sur-reply is denied. Status hearing is set for 8/8/2019 at 9:30 a.m. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 126 MINUTE entry before the Honorable Charles P. Kocoras: TD Banks's motion to dismiss class action complaint #46 is granted pursuant to the Court order on 6/6/2019 #117 . In light of the amended complaint filed on 3/21/2019 #69 , motions to dismiss for lack of jurisdiction #49 and #51 are denied as moot. Exparte motion to modify Court's order dated 2/22/2019 59 and amended motion to modify Court's 2/22/2019 order to substitute appearance and testimony of Jason Ding #64 are denied as moot. Based upon Court's ruling on 6/6/2019, motion for sanctions #79 is denied. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 125 MINUTE entry before the Honorable Charles P. Kocoras: Motion Hearing set for 7/8/2019 is reset to 7/9/2019 at 9:30 AM. As a reminder, the Court only hear motions on Tuesday and Thursday at 9:30 a.m. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 124 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for preliminary injunction #123 before Honorable Charles P. Kocoras on 7/8/2019 at 09:30 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 123 MOTION by Plaintiff Lina Dou for preliminary injunction to Freeze Assets and Stay Foreclosure of 739 N. Wabash (Attachments: #1 Exhibit Exhibits1-11)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 122 MINUTE entry before the Honorable Charles P. Kocoras: Motion to withdraw as counsel #115 is granted. Motion hearing set for 6/18/2019 is stricken, no appearance is required. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 121 REPLY by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC #92 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 120 RESPONSE by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to response in opposition to motion, #107 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 119 REPLY by Tizi LLC to MOTION by Defendant Tizi LLC to dismiss COUNTS I, VII, AND IX OF PLAINTIFFS' COMPLAINT #87 , memorandum in support of motion #88 , response in opposition to motion, #101 (Busey, Christopher) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 118 TRANSCRIPT OF PROCEEDINGS held on June 6, 2019 before the Honorable Charles P. Kocoras. Order Number: 35010. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 117 MINUTE entry before the Honorable Charles P. Kocoras: In court ruling held. The rule to show cause is discharged. TD Bank's motion to dismiss the first amended class complaint #85 is granted. Defendant Tizi reply to the motion dismiss #87 is due by 6/13/2019. Motion to unseal is taken under advisement. Response to motion to unseal is due by 6/13/19. Carillon Defendants' reply to motion to dismiss #92 is due by 6/13/2019. Oral motion for leave to file an amended complaint is granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 116 NOTICE of Motion by Leon Rodriguez for presentment of motion to withdraw as attorney #115 before Honorable Charles P. Kocoras on 6/18/2019 at 09:30 AM. (Rodriguez, Leon) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 115 MOTION by Attorney Colton D. Long to withdraw as attorney for Tizi LLC. No party information provided (Rodriguez, Leon) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 114 SUR-REPLY by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to motion for sanctions #94 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 113 MINUTE entry before the Honorable Charles P. Kocoras: Motion hearing held. Motion for leave to file sur-reply #110 is granted. In court ruling set for 5/23/2019 is reset to 6/6/2019 at 9:30 a.m. Any remaining motions are entered and continued. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 112 REPLY by Fordham Real Estate LLC to response in opposition to motion, #102 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fordham Real Estate LLC #90 (Sipchen, James) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 111 NOTICE of Motion by Daniel G. Hildebrand for presentment of motion for leave to file #110 before Honorable Charles P. Kocoras on 5/21/2019 at 09:30 AM. (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 110 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC for leave to file Sur-Reply (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 109 STIPULATION regarding motion to dismiss #85 (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 108 REPLY by Plaintiff Lina Dou to Response #104 Re Contempt of Jeffrey Laytin (Attachments: #1 Errata unreported case)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 107 RESPONSE by Lina Douin Opposition to MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to seal Affidavit of Jason Ding #105 and to Unseal all Affidvts and Testimony (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 106 SEALED DOCUMENT by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC - Affidavit of Jason Ding (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 105 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to seal Affidavit of Jason Ding (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 104 RESPONSE by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to motion for sanctions #94 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 103 ATTORNEY Appearance for Defendant Tizi LLC by Christopher M Busey (Busey, Christopher) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 102 RESPONSE by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhanin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fordham Real Estate LLC #90 (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 101 RESPONSE by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhanin Opposition to MOTION by Defendant Tizi LLC to dismiss COUNTS I, VII, AND IX OF PLAINTIFFS' COMPLAINT #87 (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 100 RESPONSE by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhanin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC #92 (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 99 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for rule to show cause #98 before Honorable Charles P. Kocoras on 5/23/2019 at 09:30 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 98 MOTION by Plaintiff Lina Dou for rule to show cause To Hold Jason Ding in Contempt (Attachments: #1 Exhibit Recorder'sOfficeLiens, #2 Exhibit MeetingMinutes2016, #3 Exhibit BeijingNotice)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 97 TRANSCRIPT OF PROCEEDINGS held on April 25, 2019 before the Honorable Charles P. Kocoras. Order Number: 34535. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/21/2019. Redacted Transcript Deadline set for 5/31/2019. Release of Transcript Restriction set for 7/29/2019. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 96 MINUTE entry before the Honorable Charles P. Kocoras: Motion hearing held. Motion for adjudication of direct contempt and incarceration of defendant Laytin #94 is entered and briefed as follows: Response is due by 5/9/2019; Reply is due by 5/16/2019. In court ruling/status is set for 5/23/2019 at 9:30 a.m. Plaintiff is granted five interrogatories regarding TD Bank's motion dismiss challenging jurisdiction. In light of the briefing schedule set on 3/19/2019 #68 , motion hearings set for 4/30/2019 are stricken. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 95 NOTICE of Motion by Glen Joseph Dunn, Jr for presentment of motion for sanctions #94 before Honorable Charles P. Kocoras on 4/25/2019 at 09:30 AM. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 94 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan for sanctions and for contempt finding of Jeffrey Laytin (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 93 SEALED TRANSCRIPT OF PROCEEDINGS held on March 28, 2019 before the Honorable Charles P. Kocoras. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 92 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 91 NOTICE of Motion by James Joseph Sipchen for presentment of Motion to Dismiss for Failure to State a Claim #90 before Honorable Charles P. Kocoras on 4/30/2019 at 09:30 AM. (Sipchen, James) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 90 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fordham Real Estate LLC (Sipchen, James) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 89 NOTICE of Motion by Leon Rodriguez for presentment of motion to dismiss #87 before Honorable Charles P. Kocoras on 4/30/2019 at 09:30 AM. (Rodriguez, Leon) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 88 MEMORANDUM by Tizi LLC in support of motion to dismiss #87 COUNTS I, VII, AND IX (Rodriguez, Leon) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 87 MOTION by Defendant Tizi LLC to dismiss COUNTS I, VII, AND IX OF PLAINTIFFS' COMPLAINT (Rodriguez, Leon) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 86 MEMORANDUM by TD Bank N.A. in support of motion to dismiss #85 the First Amended Class Action Complaint (Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 85 MOTION by Defendant TD Bank N.A. to dismiss the First Amended Class Action Complaint (Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 84 MINUTE entry before the Honorable Charles P. Kocoras: Motion hearing regarding motion for sanctions is stricken, no appearance is required. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 83 MINUTE entry before the Honorable Charles P. Kocoras: Attorney, Angel Bakov's motion to withdraw as counsel of record #80 is granted. Motion hearing in regards to motion for sanctions shall stand. Mailed notice. (vcf) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 82 CERTIFICATE of Service of subpoena by Glen Joseph Dunn, Jr on behalf of All Plaintiffs (Attachments: #1 Exhibit Subpoena to city)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 81 NOTICE of Motion by Angel Petrov Bakov for presentment of motion to withdraw as attorney #80 before Honorable Charles P. Kocoras on 4/16/2019 at 09:30 AM. (Bakov, Angel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 80 MOTION by Attorney Angel P. Bakov to withdraw as attorney for Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan. No party information provided (Bakov, Angel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 79 MOTION by Plaintiffs Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Annabelle Yao, Ying Yao, Lihong Zhan for sanctions (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 78 NOTICE by Ying Yao re PSLRA compliance (Attachments: #1 PSLRAcertification)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 77 MINUTE entry before the Honorable Charles P. Kocoras: Show cause hearing held on 3/28/2019. Oral motion to seal transcript is granted. Oral motion for leave to file second affidavit of Jason Ding is granted. Case taken under advisement. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 76 SEALED RESPONSE by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to order on motion to certify class,,, motion hearing,,, status hearing,,, set motion and R&R deadlines/hearings,,, set deadlines/hearings,, #68 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 75 RESPONSE by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to order on motion to certify class,,, motion hearing,,, status hearing,,, set motion and R&R deadlines/hearings,,, set deadlines/hearings,, #68 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 74 STATUS Report by Lina Dou, Emmy Go, Tingyang Shao, Geli Shi, Yixuan Tao, Yanming Wang, Shiyang Xiao, Xiuqin Xing, Ying Yao, Lihong Zhan (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 73 TRANSCRIPT OF PROCEEDINGS held on March 19, 2019 before the Honorable Charles P. Kocoras. Order Number: 34077. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/15/2019. Redacted Transcript Deadline set for 4/25/2019. Release of Transcript Restriction set for 6/24/2019. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 72 TRANSCRIPT OF PROCEEDINGS held on February 26, 2019 before the Honorable Charles P. Kocoras. Order Number: 34077. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/15/2019. Redacted Transcript Deadline set for 4/25/2019. Release of Transcript Restriction set for 6/24/2019. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 71 TRANSCRIPT OF PROCEEDINGS held on February 21, 2019 before the Honorable Charles P. Kocoras. Order Number: 34077. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/15/2019. Redacted Transcript Deadline set for 4/25/2019. Release of Transcript Restriction set for 6/24/2019. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 70 TRANSCRIPT OF PROCEEDINGS held on February 12, 2019 before the Honorable Charles P. Kocoras. Order Number: 34077. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/15/2019. Redacted Transcript Deadline set for 4/25/2019. Release of Transcript Restriction set for 6/24/2019. (Hanhardt, Joene) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 69 First AMENDED complaint by Annabelle Yao, Lina Dou, Xiuqin Xing, Geli Shi, Lihong Zhan, Emmy Go, Tingyang Shao, Shiyang Xiao, Yixuan Tao, Yanming Wang against All Defendants (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 4)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 68 MINUTE entry before the Honorable Charles P. Kocoras: Status and motion hearing held. Plaintiffs' motion for class certification #67 is entered and continued. Oral motion for leave to file an amended complaint instanter is granted. Defendants amended motions are due by 4/16/2019. Responses are due by 5/7/2019. Court will rule by mail. Rule to show cause hearing set for 3/28/2019 at 10:30 a.m. It is hereby ordered that Defendant Jeffrey L Laytin is to appear in person at said hearing. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 67 MOTION by Plaintiff Annabelle Yao to certify class (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 66 PROTECTIVE Order. Signed by the Honorable Charles P. Kocoras on 3/5/2019.Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 65 MINUTE entry before the Honorable Charles P. Kocoras: Status and motion hearing held. Motion for preliminary injunction #34 , motion to enforce settlement agreement #39 , motions to dismiss #46 and #49 , ex parte motion instanter to modify Court's February 22, 2019 order to substitute appearance and testimony of Jason Ding 59 are entered and continued until 3/19/2019 at 12:00 p.m. Defendant's motion instanter for leave to file under seal and entry of protective order #62 is granted. Motion hearing set for 2/28/2019 is stricken. Consistent with Court's directives as stated in open court, oral motion to fund settlement in full by 3/19/2019 is granted. Status hearing set for 3/19/2019 at 12:00 p.m. Defendant Jeffrey L Laytin is to appear telephonically and Jason Ding is to appear in person at said status. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 64 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to amend/correct order,, #58 - CARILLON DEFENDANTS AMENDED MOTION INSTANTER TO MODIFY COURTS FEBRUARY 22, 2019 ORDER TO SUBSTITUTE APPEARANCE AND TESTIMONY OF JASON DING (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 63 SEALED DOCUMENT by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC - Affidavit of Jason Ding (Attachments: # 1 Exhibit 1-9, # 2 Exhibit 10, # 3 Exhibit 11-19, # 4 Exhibit 20-30)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 62 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC to seal document response in opposition to motion, #61 - CARILLON DEFENDANTS MOTION INSTANTER FOR LEAVE TO FILE UNDER SEAL AND ENTRY OF PROTECTIVE ORDER (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 61 RESPONSE by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLCin Opposition to MOTION by Plaintiff Annabelle Yao for preliminary injunction to Disclose Location and Freeze Assets in Controversy #34 (Attachments: #1 Exhibit)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
|
Filing 58
ORDER: This matter coming to be heard on Plaintiff's Ex Parte Motion Instanter Compelling the Appearance of Defendant Jeffrey L. Laytin at the hearing scheduled for February 26th, and the Court having been advised in the premises, IT IS HEREBY ORDERED: Jeffrey L. Laytin is hereby compelled to appear at the hearing scheduled for February 26, 2019, at 9:30am in this Courtroom, and to give truthful testimony as to the current location, value, and safeguarding of the funds at issue in this matter. Signed by the Honorable Charles P. Kocoras on 2/22/2019. Mailed notice(vcf, ) [Transferred from Illinois Northern on 12/21/2023.]
|
| Filing 57 MINUTE entry before the Honorable Charles P. Kocoras: Motion hearing held. Plaintiff's ex parte motion instanter compelling the appearance of defendant Jeffrey L. Laytin at hearing on February 26th #54 is granted. Counsel is to prepare a draft order and submit it to Proposed_Order_Kocoras@ilnd.uscourts.gov for entry. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 56 RESPONSE by Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytinin Opposition to MOTION by Plaintiff Annabelle Yao to compel Appearance and Testimony of Defedant Jeffrey L. Laytin at Hearing Feb. 26th #54 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 55 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion to compel #54 before Honorable Charles P. Kocoras on 2/21/2019 at 09:30 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 54 MOTION by Plaintiff Annabelle Yao to compel Appearance and Testimony of Defedant Jeffrey L. Laytin at Hearing Feb. 26th (Attachments: #1 Exhibit subpoena to testify at hearing, #2 Exhibit Signed TD Escrow Agmt)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 53 NOTICE of Motion by James Joseph Sipchen for presentment of motion to dismiss/lack of jurisdiction #51 before Honorable Charles P. Kocoras on 2/26/2019 at 09:30 AM. (Sipchen, James) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 52 MINUTE entry before the Honorable Charles P. Kocoras: Status and motion hearing held. Motion for preliminary injunction #34 , motion to enforce settlement agreement #39 , motions to dismiss #46 and #49 are entered and continued. Motion hearings set for 2/14/2019 are stricken. Status hearing set for 2/26/2019 at 9:30 a.m. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 51 MOTION by Defendant Fordham Real Estate LLC to dismiss for lack of jurisdiction (Attachments: #1 Notice of Filing)(Sipchen, James) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 50 NOTICE of Motion by Daniel G. Hildebrand for presentment of motion to dismiss/lack of jurisdiction #49 before Honorable Charles P. Kocoras on 2/14/2019 at 09:30 AM. (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 49 MOTION by Defendants Symmetry Property Development II LLC, Forefront EB-5 Fund (ICT) LLC, Carillon Tower/Chicago LP, Jeffrey L Laytin to dismiss for lack of jurisdiction (Attachments: #1 Exhibit A)(Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 48 NOTICE of Motion by Kevin Buckley Duff for presentment of motion to dismiss #46 before Honorable Charles P. Kocoras on 2/14/2019 at 09:30 AM. (Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 47 MEMORANDUM by TD Bank N.A. in support of motion to dismiss #46 (Attachments: #1 Exhibit 1 - Affidavit of Arlene Murphy)(Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 46 MOTION by Defendant TD Bank N.A. to dismiss the Class Action Complaint (Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 45 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Tizi LLC DISCLOSURE STATEMENT UNDER RULE 7.1 AND LR 3.2 (Rodriguez, Leon) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 44 ANSWER to Complaint ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS COMPLAINT by Tizi LLC(Rodriguez, Leon) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 43 MINUTE entry before the Honorable Charles P. Kocoras: Attorneys Edward Moss and Nathaniel Asher's motions to appear pro hac vice #37 and #38 are granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 42 MINUTE entry before the Honorable Charles P. Kocoras: Attorney Leon Rodriguez's motion to appear pro hac vice #41 is granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15463768. (Rodriguez, Leon) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 40 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion to enforce #39 before Honorable Charles P. Kocoras on 2/12/2019 at 09:30 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 39 MOTION by Plaintiff Annabelle Yao to enforce Settlement Agreement (Attachments: #1 Exhibit Settlement Agreement)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15449710. (Asher, Nathaniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15449644. (Moss, Edward) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 36 ATTORNEY Appearance for Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC by Arthur Don (Don, Arthur) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 35 NOTICE of Motion by Douglas Eliot Litowitz for presentment of motion for preliminary injunction #34 before Honorable Charles P. Kocoras on 2/12/2019 at 09:30 AM. (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 34 MOTION by Plaintiff Annabelle Yao for preliminary injunction to Disclose Location and Freeze Assets in Controversy (Attachments: #1 Affidavit, #2 Errata Unpublished Case Lexis)(Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 33 ATTORNEY Appearance for Defendant Fordham Real Estate LLC by Matthew J. Ligda (Ligda, Matthew) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 32 MINUTE entry before the Honorable Charles P. Kocoras: Defendants Fordham Real Estate LLC's and Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC's motions for extension of time to file anser or otherwise plead to 02/08/2019 #26 are granted. Noticed motions date of 01/17/2019 is stricken. Mailed notice (mw, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 31 NOTICE of Motion by Daniel G. Hildebrand for presentment of motion for extension of time to file answer #30 before Honorable Charles P. Kocoras on 1/17/2019 at 09:30 AM. (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 30 MOTION by Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC for extension of time to file answer regarding complaint #1 (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 29 ATTORNEY Appearance for Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC by Aaron Seth Klein (Klein, Aaron) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 28 ATTORNEY Appearance for Defendants Carillon Tower/Chicago LP, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC by Daniel G. Hildebrand (Hildebrand, Daniel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 27 NOTICE of Motion by James Joseph Sipchen for presentment of motion for extension of time to file response/reply #26 before Honorable Charles P. Kocoras on 1/17/2019 at 09:30 AM. (Sipchen, James) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 26 MOTION by Defendant Fordham Real Estate LLC for extension of time to file response/reply to Plaintiff's Complaint (Sipchen, James) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 25 ATTORNEY Appearance for Defendant Fordham Real Estate LLC by James Joseph Sipchen (Sipchen, James) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 24 MINUTE entry before the Honorable Charles P. Kocoras: Order entered on 1/9/2019 #23 , is amended as follows: Motions for extension of time to answer or otherwise plead by 2/8/2019 #18 and #21 are granted. Other than the amendment stated in this order, the order previously entered shall stand. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 23 MINUTE entry before the Honorable Charles P. Kocoras: Motions for extension of time to answer or otherwise plead by 1/16/2019 #18 and #21 are granted. Motion hearings set for 1/15/2019 are stricken, no appearance is required. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 22 NOTICE of Motion by Colton David Long for presentment of motion for extension of time to file answer #21 before Honorable Charles P. Kocoras on 1/15/2019 at 09:30 AM. (Long, Colton) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 21 MOTION by Defendant Tizi LLC for extension of time to file answer regarding complaint #1 Unopposed (Long, Colton) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 20 ATTORNEY Appearance for Defendant Tizi LLC by Colton David Long (Long, Colton) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 19 NOTICE of Motion by Kevin Buckley Duff for presentment of extension of time #18 before Honorable Charles P. Kocoras on 1/15/2019 at 09:30 AM. (Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 18 MOTION by Defendant TD Bank N.A. for extension of time (Agreed Motion of TD Bank, N.A. for Extension of Time to Answer or Otherwise Plead) (Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TD Bank N.A. (Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 16 ATTORNEY Appearance for Defendant TD Bank N.A. by Nicole Mirjanich (Mirjanich, Nicole) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 15 ATTORNEY Appearance for Defendant TD Bank N.A. by Michael Rachlis (Rachlis, Michael) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 14 ATTORNEY Appearance for Defendant TD Bank N.A. by Kevin Buckley Duff (Duff, Kevin) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 13 MINUTE entry before the Honorable Charles P. Kocoras: Status hearing set for 2/12/2019 at 9:30 AM. At the initial hearing, parties to report on the following: 1. Possibility of settlement. 2. If no possibility of settlement exists, the nature and length of discovery necessary to prepare the case for resolution. Lead counsel for each party is required to attend the initial hearing. Failure to appear at any scheduled court hearing may result in the dismissal of claims for want of prosecution. Pursuant to Local Rule 5.3(a)(1), service of motions and notice of motions must be accomplished no later than 4:00 p.m. of the third business day preceding the date of presentment. This includes delivering a hard copy of the motion and notice of motion to Courtroom Deputy, Vettina Franklin at room 1744B no later than 4:00 p.m. the day of filing. Failure to comply may result in the striking of the matter from the Court's motion call. The Court requires hard copies of all documents be submitted to Courtroom Deputy, Vettina Franklin at room 1744B the same day of filing. Failure to comply may result in the striking of the document from the record. The Court directs counsel's attention to its Motion Schedule and Case Management Procedures located at www.ilnd.uscourts.gov. Plaintiff is directed to advise all other parties of the Court's action herein. Mailed notice (vcf, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 12 SUMMONS Returned Executed by Annabelle Yao as to Symmetry Property Development II LLC on 12/27/2018, answer due 1/17/2019. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 11 SUMMONS Returned Executed by Annabelle Yao as to Forefront EB-5 Fund (ICT) LLC on 12/27/2018, answer due 1/17/2019. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 10 SUMMONS Returned Executed by Annabelle Yao as to Carillon Tower/Chicago LP on 12/27/2018, answer due 1/17/2019. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 9 SUMMONS Returned Executed by Annabelle Yao as to Jeffrey L Laytin on 12/26/2018, answer due 1/16/2019. (Bakov, Angel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 8 SUMMONS Returned Executed by Annabelle Yao as to TD Bank N.A. on 12/18/2018, answer due 1/8/2019. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 7 SUMMONS Returned Executed by Annabelle Yao as to Tizi LLC on 12/19/2018, answer due 1/9/2019. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 6 SUMMONS Returned Executed by Annabelle Yao as to Fordham Real Estate LLC on 12/18/2018, answer due 1/8/2019. (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| SUMMONS Issued as to Defendants Carillon Tower/Chicago LP, Fordham Real Estate LLC, Forefront EB-5 Fund (ICT) LLC, Jeffrey L Laytin, Symmetry Property Development II LLC, TD Bank N.A., Tizi LLC (jjr, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 5 ATTORNEY Appearance for Plaintiff Annabelle Yao by Angel Petrov Bakov (Bakov, Angel) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Annabelle Yao by Glen Joseph Dunn, Jr (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 3 CIVIL Cover Sheet (Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
| CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jjr, ) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 2 ATTORNEY Appearance for Plaintiff Annabelle Yao by Douglas Eliot Litowitz (Litowitz, Douglas) [Transferred from Illinois Northern on 12/21/2023.] |
| Filing 1 COMPLAINT filed by Annabelle Yao; Filing fee $ 400, receipt number 0752-15223707. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Dunn, Glen) [Transferred from Illinois Northern on 12/21/2023.] |
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