Securities and Exchange Commission v. Chen et al
| Securities and Exchange Commission |
| Andy Shin Fong Chen, Aero Space Port International Group, Inc, North American Foreign Trade Zone Industries, LLC, Washington Economic Development Capital, LLC, Washington Economic Development Capital II, LLC, EVF, Inc, Moses Lake 96000 Building LLC, Sun Basin Orchards, LLC, PIA, LLC, John Chen, Tom Chen, Bobby Chen and Heidi Chen |
| 2:2017cv00405 |
| March 15, 2017 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| James L. Robart |
| Securities/Commodities/Exchanges |
| 12 U.S.C. ยง 22 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
219
ORDER granting Receiver's 217 Motion to Approve Final Report of Receiver, Authorize Disposal of Records, Discharge Receiver and his Professionals, Terminate Receivership and Grant Related Relief. Signed by Judge James L. Robart. (SS)
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Filing
209
ORDER granting Receiver's 207 Motion for Attorney Fees and for Receiver's Fees. The court APPROVES on an interim basis the described fees and costs. The court AUTHORIZES the Receiver to disburse $2,336.92 to Foster Garvey. The court AUTHORIZES the Receiver to disburse $4,556.40 to the Receiver. Signed by Judge James L. Robart. (MJV)
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Filing
206
ORDER Accepting Receiver's 205 Sixth Interim Report and Granting Petition for Further Instructions. The Receiver is authorized to continue to administer the receivership estate in accordance with the terms of this Court's order appointing him as receiver. The Receiver is authorized to undertake the recommendations presented in the Report. Signed by Judge James L. Robart. (LH)
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Filing
204
ORDER granting Receiver's 202 Motion for an Order Authorizing Engagement of Accountants for Receiver. The Court AUTHORIZES the Receiver to employ and compensate Baker Tilly. Signed by Judge James L. Robart. (LH)
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Filing
201
ORDER granting Receiver's 198 Motion for Attorney Fees and for Receiver's Fees. The Court APPROVES on an interim basis the the described fees and costs. The court AUTHORIZES the Receiver to disburse $1,571.48 to Foster Garvey. The court AUTHORIZES the Receiver to disburse $12,589.60 to the Receiver. Signed by Judge James L. Robart. (LH)
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Filing
200
ORDER Accepting Receiver's 197 Fifth Interim Report and Granting Petition for Further Instructions. The Receiver is authorized to continue to administer the receivership estate in accordance with the terms of this Court's order appointing him as receiver. The Receiver is authorized to undertake the recommendations presented in the Report, including any necessary continued document recovery and review effort, the distributions previously approved in Order Granting Motion for Order Re: Proposed Distribution Plan (Dkt. No. 186 ) and the engagement of those professionals the Receiver deems necessary for the proper administration of the receivership estate. Signed by Judge James L. Robart. (SB)
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Filing
196
ORDER granting Receiver's 193 Motion/Application. The Court APPROVES on an interim basis the described fees and costs. The court AUTHORIZES the Receiver to disburse $2,894.08 to Foster Garvey. The court AUTHORIZES the Receiver to disburse $9,575.04 to the Receiver. Signed by Judge James L. Robart. (LH)
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Filing
192
ORDER accepting the Receiver's 191 Fourth Interim Report. The Receiver is authorized to continue to administer the receivership estate in accordance with the terms of this Court's order appointing him as receiver. The Receiver is authorized to undertake the recommendations presented in the Report. Signed by Judge James L. Robart. (LH)
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Filing
190
ORDER granting Defendants' 184 Motion to Dismiss Relief Defendants. John Chen, Tom Chen, Moses Lake 96000 Building LLC, North American Foreign Trade Zone Industries, LLC, Sun Basin Orchards, LLC, Washington Economic Development Capital II, LLC, Washington Economic Development Capital II, LLC, Bobby Chen and Heidi Chen are dismissed. Signed by Judge James L. Robart. (LH)
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Filing
188
ORDER re Plaintiff's 187 Motion for Extension of Time. The court the SEC shall file its response to Defendants' 184 renewed motion to dismiss Relief Defendants, if any, no later than November 9, 2022. Defendants shall file their reply, if any, no later than November 15, 2022. Signed by Judge James L. Robart. (LH)
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Filing
181
FINAL JUDGMENT AS TO DEFENDANTS: Defendant Chen shall pay a civil penalty in the amount of $75,000 directly to the Receiver. Defendant ASPI shall pay a civil penalty in the amount of $375,00 directly to the Receiver. Signed by Judge James L. Robart. (LH)
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Filing
171
MINUTE ORDER: The court ORDERS Defendants to file their surrebuttal to Plaintiff's 162 Motion by 8/4/2022. The court further DIRECTS the SEC to file a response to Defendants' surrebuttal by 8/15/2022. Authorized by Judge James L. Robart. (LH)
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Filing
167
ORDER re Plaintiff's 166 Unopposed Motion for Extension of Time. The date on which the SEC is to file its Reply to their 162 161 Motion is extended until Wednesday, 7/20/2022. Signed by Judge James L. Robart. (LH) Modified to correct linkage on 6/29/2022 (LH).
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Filing
163
ORDER granting Receiver's 160 Application. The Court APPROVES on an interim basis the application amounts of $10,642.35 for Foster Garvey and $56,719.30 for the Receiver. The Court further ORDERS that the Receiver is authorized to disburse 80% of the foregoing approved fees and costs. Signed by Judge James L. Robart. (LH)
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Filing
159
ORDER: The Court DISCHARGES its May 4 156 order to show cause; and ADOPTS the SEC's proposed briefing schedule for its third motion for partial final judgment. SEC's motion is due by 6/1/2022. Defendants' response is due by 6/15/2022. SEC's reply is due by 6/29/2022. Signed by Judge James L. Robart. (LH)
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Filing
157
ORDER Accepting Receiver's 154 Quarterly Status Report. The Receiver is authorized to continue to administer the receivership estate in accordance with the terms of this Court's order appointing him as receiver. The Receiver is authorized to undertake the recommendations presented in the Report. Signed by Judge James L. Robart. (LH)
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Filing
144
ORDER granting Receiver's 143 Motion for Extension of Time. The deadline for the Receiver to file his Liquidation Plan is hereby extended to a date thirty (30) days after SEC's third motion for partial final judgment against Defendants Andy Ching Fong Chen and Aero Space Port International Group, Inc. is resolved by this Court. Signed by Judge James L. Robart. (LH)
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Filing
142
ORDER granting in part Receiver's 138 Application re: First Quarterly Application for Compensation and Reimbursement of Receiver and of Foster Garvey as Receiver's Counsel. The Court APPROVES on an interim basis the application am ounts as described and ORDERS that the Receiver is authorized to disburse 80% of the foregoing approved fees and costs at this time. Signed by Judge James L. Robart. (LH) Modified to add additional text and re-generated NEF to all parties on 2/18/2022 (LH).
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Filing
137
ORDER re Receiver's 135 First Interim Report and Petition for Further Instructions of Receiver Geoffrey B. Winkler. The Receiver's First Interim Report is accepted by this Court. The Receiver is authorized to continue to administer t he receivership estate in accordance with the terms of the Appointment Order. The Receiver is authorized to undertake the recommendations presented in the Petition, including a continued document recovery and review effort, and the engagement of those professionals he deems necessary for the proper administration of the receivership estate. Signed by Judge James L. Robart. (SR)
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Filing
134
ORDER re Receiver's 132 Motion for Order Authorizing Engagement of Counsel for Receiver. The Receiver is authorized to employ and compensate Tara J. Schleicher and Foster Garvey PC on the terms set forth. Signed by Judge James L. Robart. (LH)
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Filing
130
ORDER APPOINTING A RECEIVER. Geoffrey B. Winkler of American Fiduciary Services is hereby appointed to serve without bond as receiver (the "Receiver") for EDC III. Signed by Judge James L. Robart. (LH) Modified on 11/23/2021 to indicate Mr. Winkler received notice via ECF ad hoc (LH).
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Filing
119
ORDER: The court GRANTS in part and DENIES in part the SEC's 106 motion for entry of partial final judgment against Defendants and GRANTS in part and DENIES in part Defendants' 114 motion to dismiss Relief Defendants. The court DIREC TS the SEC to submit a proposed order for the appointment of a receiver by 11/5/2021. The court DIRECTS the parties to file a joint status report on 11/15/2021, and on the 15th of each month thereafter until the sale of Commerce Park Building 3 is complete and a receiver has been appointed. The court ORDERS that the claims against Relief Defendants EDC I and EVF are hereby DISMISSED. Signed by Judge James L. Robart. (LH)
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Filing
90
ORDER re Parties' 89 Joint Status Report: The court ORDERS the parties to file a joint status report updating the court on the status of this matter on or before Monday, 6/15/2020. The court STRIKES the SEC's pending motion for summary judgment (Dkt. # 74 ) without prejudice to refiling the motion in the event the parties are unable to resolve the underlying issues. Signed by Judge James L. Robart. (MW)
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Filing
87
STIPULATION AND ORDER re parties' 86 Joint MOTION for Extension of Time. The parties request that the Court's Order setting an evidentiary hearingin this matter for March 23, 2020 be continued pending further developments withrespect to the matters set forth in the parties' joint letter to the Court of March 13, 2020. The parties request that they be allowed to update the Court on these developments with a Joint Status Report on April 17, 2020. Signed by Judge James L. Robart. (TH)
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Filing
85
ORDER SCHEDULING EVIDENTIARY HEARING re Plaintiff's 74 MOTION for Judgment: Evidentiary Hearing set for 3/23/2020 at 01:30 PM in Courtroom 14106 before Judge James L. Robart. The court further ORDERS the parties to exchange and file their respective witness and exhibit lists no later than Thursday, 3/19/2020. Signed by Judge James L. Robart. (MW)
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Filing
73
ORDER granting relief in parties' 72 Joint Status Report. SEC's motion and supporting papers will be due 10/16/2019; Defendants' opposition will be due on 11/20/2019; and the SEC's reply will be due on 12/4/2019. Signed by Judge James L. Robart. (SWT)
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Filing
71
ORDER re parties' 70 Joint Status Report. The parties are ordered to file another joint status report on September 27, 2019. Signed by Judge James L. Robart. (PM)
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Filing
69
ORDER re 68 Joint Status Report. Parties shall file another Joint Status Report on 8/15/2019. Signed by Judge James L. Robart. (SWT)
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Filing
65
ORDER regarding parties' 64 Joint Status Report. Parties may file another Joint Status Report on 6/5/2019. Signed by Judge James L. Robart. (SWT)
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Filing
59
STIPULATION AND ORDER to amend complaint re parties' 58 Stipulation, by Judge James L. Robart. (SWT)
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Filing
57
ORDER STRIKING trial date scheduled for 3/4/2019; denying as moot parties' Motions in Limine (Dkts. 46 , 48 ). Updated Joint Status Report due within 10 days of Plaintiff Securities and Exchange Commissions voluntary dismissal of the remaining claims. Signed by Judge James L. Robart. (SWT)
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Filing
53
ORDER granting in part and denying in part Defendants' and Relief Defendants' 25 Motion for Summary Judgment; granting in part and denying in part Plaintiff SEC's 36 Motion for Summary Judgment. Signed by Judge James L. Robart. (PM)
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Filing
24
STIPULATED PROTECTIVE ORDER signed by Judge James L. Robart. (PM)
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