HONGDA CHEM USA, LLC et al v. SHANGYU SUNFIT CHEMICAL COMPANY, LTD.
| HONGDA CHEM USA, LLC and HONGDA GROUP LIMITED, LLC |
| SHANGYU SUNFIT CHEMICAL COMPANY, LTD. |
| SHANGYU SUNFIT CHEMICAL COMPANY, LTD. |
| HONGDA CHEM USA, LLC |
| 1:2012cv01146 |
| October 26, 2012 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Guilford |
| UNASSIGNED |
| JOI ELIZABETH PEAKE |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Both |
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Filing
334
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 4/16/2020, that Sunfit's motion for attorneys' fees, Doc. 314 , is GRANTED and judgment will be entered in favor of Shangyu Sunfit Chemical Company, Ltd. and against Hongda Chem USA, LLC, Hongda Group Limited, LLC, Gary David McKnight, Raymond P. Perkins, Wei Xu, and Vasto Chemical Company, Inc. in the amount of $600,000. (Garland, Leah)
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Filing
331
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 03/10/2020, that the plaintiffs' and third-party defendants' motion for a new trial or new trial nisi remittitur in the alternative, Doc. 320 , is DENIED IN PART and GRANTED IN PART as follows: 1. The plaintiffs' and third-party defendants' motion for a new trial nisi remittitur, Doc. 320 , is GRANTED in part to the following limited extent: a. Sunfit's Chapter 75 da mages from Hongda are remitted to $3, and its Chapter 75 damages from Gary David McKnight, Raymond Perkins, Wei Xu, and Vasto Chemical, Co., are remitted to $29,601,105 each. b. Sunfit has the option of accepting the reduced awards or pr oceeding to a new trial on the Chapter 75 damages as against all of the movants. c. If Sunfit consents to remittitur, it shall file its consent in writing no later than March 23, 2020, and the Court will enter the attached amended judgment. If Sun fit does not file written consent, the Court will vacate the parts of the judgment awarding Chapter 75 damages and order a new trial on that issue only. 2. The plaintiffs' and third-party defendants' motion for a new trial, Doc. 320 , is otherwise DENIED. (Garland, Leah)
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Filing
209
MEMORANDUM OPINION AND ORDER signed by JUDGE N. C. TILLEY, JR on 09/26/2018 adopting the Magistrate Judge's Memorandum Opinion and Recommendation except as set out, ORDERED THAT YMS Agriculture International Cor p.'s Motion for Summary Judgment [Doc. # 129 ] is DENIED; Kadi Resources, LLC's Motion for Summary Judgment [Doc. # 131 ] is GRANTED; Vasto Chemical Company, Inc.'s Motion for Summary Judgment [Doc. # 133 ] is DENIED; Eco Agro Resource s LLC's Motion for Summary Judgment [Doc. # 135 ] is GRANTED; Gary David McKnight's Motion for Summary Judgment [Doc. # 137 ] is DENIED; Raymond P. Perkins' Motion for Summary Judgment [Doc. # 139 ] is DENIED; Wei Xu's Motion for Summary Judgment [Doc. # 141 ] is DENIED; Hongda Chem USA, LLC's and Hongda Group Limited, LLC's Motion for Partial Summary Judgment [Doc. # 143 ] is DENIED; Hongda Chem USA, LLC's and Hongda Group Limited, LLC's Motion for Partial Summary Judgment [Doc. # 145 ] is DENIED; Shangyu Sunfit Chemical Company, Ltd.'s Motion for Summary Judgment [Doc. # 149 ] is GRANTED IN PART as to Hongda's request for a declaratory judgment and claims of intentional interfere nce with contractual relations and fraud and as to liability on Sunfit's counterclaim against Hongda for breach of contract AND DENIED IN PART as to Hongda's claims of breach of contract and unfair and deceptive trade practices. (Garland, Leah)
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Filing
201
MEMORANDUM OPINION AND RECOMMENDATION signed by MAG/JUDGE JOE L. WEBSTER on 03/15/2018, that: 1. Sunfit's Motion for Partial Summary Judgment (Docket Entry 149 ) be GRANTED IN PART as to Hongda's First, Third, Fifth and Sixth Causes of Action in the First Amended Complaint against Sunfit, and Sunfit's Counterclaim for Breach of Contract, and DENIED IN PART as to Hongda's Second Cause of Action in the First Amended Complaint against Sunfit; 2. Hongda's Motion for Partial Summary Judgment (Docket Entry 145 ) be DENIED; 3. Hongda's Motion for Partial Summary Judgment (Docket Entry 143 ) be DENIED; 4. YMS's Motion for Partial Summary Judgment (Docket Entry 129 ) be DENIED; 5. Third-Party Defe ndants Vasto, McKnight, Perkins, and Xu's Motions for Summary Judgment (Docket Entries 133 , 137 , 139 , 141 ) be DENIED; and 6. Third-Party Defendants Eco Agro and KaDi's Motions for Summary Judgment (Docket Entries 131 , 135 ) be GRANTED. (Garland, Leah)
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Filing
73
MEMORANDUM OPINION AND ORDER signed by JUDGE N. C. TILLEY, JR on 09/08/2016; that the Memorandum Opinion and Recommendation of the United States Magistrate Judge [Doc. # 64 ] is ADOPTED IN PART and that Third-Party Defendants' Motion to Dismiss Third-Party Complaint [Doc. # 55 ] is DENIED IN PART AND GRANTED IN PART. The Motion to Dismiss is denied as to Sunfit's claim of a violation of the Unfair and Deceptive Trade Practices Act and granted as to Sunfit's claim of a violation of the Uniform Fraudulent Transfer Act, which is dismissed without prejudice. Further, Sunfit's request for leave to amend the Amended Third-Party Complaint is denied without prejudice. (Garland, Leah)
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Filing
64
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 02/18/2016, that Third-Party Defendants' Motion to dismiss (Docket Entry 55 ) be GRANTED IN PART AND DENIED IN PART. Third-P arty Defendant's motion should be granted as to Sunfit's claim for constructive fraud. As to Sunfit's remaining claims (UDTPA claim and UFTA actual fraud claim), Third-Party Defendant's motion should be denied. To the extent Sunfit seeks to amend its Third-Party Complaint, IT IS RECOMMENDED that Sunfit's request be denied. (Garland, Leah)
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Filing
36
ORDER signed by JUDGE N. C. TILLEY, JR on 03/25/2014 adopting the Magistrate Judge's Recommendation, that Plaintiff's motion [Doc. Entry 24 ) to amend its complaint is GRANTED, and YMS is added as a defendant in this matter. (Garland, Leah)
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Filing
33
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 10/08/2013; that the court GRANT Plaintiffs' motion (Docket Entry 24 ) to amend its Complaint, and YMS be added as a defendant in this matter. (Garland, Leah)
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