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 138 |
Filed: 6/15/2018, Entered: None |
Amended Complaint |
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Filed: 4/2/2019, Entered: 4/3/2019 |
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Civil Case Terminated. (See Order dated 4/2/19) (Galeano, Sonia)
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Filed: 4/2/2019, Entered: 4/2/2019 |
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ORDER finding as moot 154 Motion to Dismiss for Failure to State a Claim. Defendant Deheng Law Offices stipulated to a dismissal, and its previously filed motion to dismiss is now moot. Furthermore, the court finds that defendants have either been dismissed by stipulation, (see ECF No. 179 (DeHeng law Offices); ECF No. 122 (06AF3C4); ECF No. 118 (AC48F82); ECF No. 114 (Estate of 95DF85F); ECF No. 105 (9C89AAE and Child Van Wagoner & Bradshaw, PLLC); ECF No. 99 (B4B3193, Broadway Holdings, Inc., and B4B3193 Corporate Investors Services, LLC); ECF No. 61 (Mazars CPA Limited); ECF No. 51 (Deheng 32E4FAC or EFF6E3E LLC); ECF No. 48 (1B529F3)), or that the time for service has long since expired. Thus, the court directs the Clerk of Court to dismiss the action and close the case. Ordered by Judge Kiyo A. Matsumoto on 4/2/2019. (Mazzurco, Vincent)
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Filed: 3/5/2019, Entered: 3/5/2019 |
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ORDER re 178 Stipulation of Dismissal -- In light of the parties' stipulation of dismissal, all scheduled conferences before me are cancelled. Ordered by Magistrate Judge James Orenstein on 3/5/2019. (Roantree, Bronwyn)
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Filed: 3/5/2019, Entered: 3/5/2019 |
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ORDER finding as moot 166 Motion to Compel; finding as moot 175 Motion to Continue -- The motion to compel at docket entry 166 and the motion to continue at docket entry 175 are terminated as moot. Ordered by Magistrate Judge James Orenstein on 3/5/2019. (Roantree, Bronwyn)
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| 179 |
Filed: 3/4/2019, Entered: 3/4/2019 |
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Order Dismissing Parties: Plaintiff China Power Equipment, Inc. (China Power) and Defendant DeHeng Law Offices (DeHeng), having resolved all matters between them, jointly stipulate to the dismissal of China Power's claims against DeHeng with prejudice, and without costs or attorneys' fees, it being understood and agreed that this settlement does not constitute an admission of any wrongdoing by DeHeng, and request that the following order be entered: ORDERED, that China Power's claims against DeHeng be, and the same hereby are, dismissed with prejudice and without costs or attorneys' fees to any party. Party Beijing Deheng Law Offices terminated. (Ordered by Judge Kiyo A. Matsumoto on 3/1/2019) c/m (Galeano, Sonia)
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Request |
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| 178 |
Filed: 2/28/2019, Entered: 2/28/2019 |
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STIPULATION of Dismissal of all Claims against DeHeng Law Offices with Prejudice by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 177 |
Filed: 2/5/2019, Entered: 2/5/2019 |
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Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 2/5/2019. Scheduling: The next telephone conference will be held on March 7, 2019, at 12:30 p.m. Summary: The parties remain in agreement to settle the case. If they file a stipulation of dismissal before the next conference scheduled above I will cancel it; otherwise I respectfully direct the plaintiffs' counsel to initiate the telephone conference call. (Orenstein, James)
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Request |
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Filed: 1/11/2019, Entered: 1/11/2019 |
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ORDER re 176 Letter -- The status conference scheduled for January 15, 2019, is cancelled. Ordered by Magistrate Judge James Orenstein on 1/11/2019. (Roantree, Bronwyn)
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Filed: 1/4/2019, Entered: 1/4/2019 |
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SCHEDULING ORDER: re 176 Letter -- A telephone conference will be held on February 5, 2019, at 12:30 p.m. If a stipulation of dismissal is filed by February 1, 2019, I will cancel the conference; otherwise, counsel for the plaintiff shall initiate the call and conference in chambers when all parties are on the line. All parties are directed to use landlines rather than mobile telephones in order to reduce potential interference. Ordered by Magistrate Judge James Orenstein on 1/4/2019. (Roantree, Bronwyn)
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| 176 |
Filed: 1/4/2019, Entered: 1/4/2019 |
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Letter advising settlement reached as to Defendant DeHeng Law Office by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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Filed: 12/28/2018, Entered: 12/28/2018 |
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SCHEDULING ORDER: re 175 Letter MOTION to Continue Deadlines -- I will discuss the application, and the parties' decision to postpone a deposition until after the fact discovery deadline without first seeking court approval, at a conference on January 15, 2019 at 10:00 a.m. Because I do not see any need for, nor anticipate approving, a 60-day delay in this 30-month old case, I encourage the parties to make as much progress as possible between now and the conference date, and to be prepared to discuss a far more expedited schedule than the one they have proposed. Ordered by Magistrate Judge James Orenstein on 12/28/2018. (Roantree, Bronwyn)
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| 175 |
Filed: 12/28/2018, Entered: 12/28/2018 |
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Letter MOTION to Continue Deadlines by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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Filed: 12/28/2018, Entered: 12/28/2018 |
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ORDER granting 174 Motion to Continue for Additional Time for Service of Summons in a Foreign Country -- The motion is granted; the plaintiffs shall serve defendants 7D64027, Xi'an Amorphous Alloy Zhongxi Transformer Co., Ltd., F5856CF, 651206B, 2C1DE50, 0108CB9, Dangshing 32E4FAC or EFF6E3E, and 32E4FAC by December 31, 2019. Ordered by Magistrate Judge James Orenstein on 12/28/2018. (Roantree, Bronwyn)
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| 174 |
Filed: 12/27/2018, Entered: 12/27/2018 |
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Sixth MOTION to Continue for Additional Time for Service of Summons in a Foreign Country by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Attachments: # 1 Exhibit A) (Orr, James)
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Request |
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Filed: 12/7/2018, Entered: 12/7/2018 |
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ORDER granting 173 Motion for Discovery -- I respectfully direct DHLO to produce all of the documents listed in its privileged log. Ordered by Magistrate Judge James Orenstein on 12/7/2018. (Orenstein, James)
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| 173 |
Filed: 12/7/2018, Entered: 12/7/2018 |
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First MOTION for Discovery Resolution Order by Beijing Deheng Law Offices. (Cho, Dean)
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Request |
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| 172 |
Filed: 12/4/2018, Entered: 12/4/2018 |
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Letter Withdrawing Request for Sanctions by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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Filed: 12/3/2018, Entered: 12/3/2018 |
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ORDER granting in part and denying in part 170 Motion to Compel -- see docket entry 171 . Ordered by Magistrate Judge James Orenstein on 12/3/2018. (Orenstein, James)
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| 171 |
Filed: 12/3/2018, Entered: 12/3/2018 |
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Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 12/3/2018. Scheduling: The next pretrial conference will be held on April 10, 2019, at 9:30 a.m. Summary: As set forth on the record, I discussed with counsel the plaintiff's motions to compel disclosures. On the motion to compel the production of records as to which defendant DHLO asserts its client's privilege, I concluded that applicable choice-of-law rules require the application of Chinese law. DHLO's counsel has not yet read translations of the documents at issue, and wishes to submit them for in camera review. I directed counsel to review English translations of the documents and submit a letter by December 7, 2018, specifying whether, having reviewed the documents, he asserts that they do not implicate the crime-fraud exception to the purported privilege under Chinese law. After reviewing counsel's letter and the documents in camera, I will resolve the motion. On the motion to compel responses to an interrogatory, it became clear that the defendant purports to have misunderstood the scope of the plaintiff's interrogatory. The defendant will therefore promptly respond to the now-clarified requires. I denied the plaintiff's request for an award of fees and costs on the latter motion but will reconsider if the plaintiff's counsel demonstrates that he did, contrary to the assertion of DHLO's counsel, confer with counsel in advance of filing the motion in an effort to resolve it without judicial intervention. (Orenstein, James)
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Request |
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| 170 |
Filed: 11/28/2018, Entered: 11/28/2018 |
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Letter MOTION to Compel by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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| 169 |
Filed: 11/23/2018, Entered: 11/23/2018 |
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REPLY to Response to Motion re 166 MOTION to Compel filed by All Plaintiffs. (Orr, James)
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Request |
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Filed: 11/20/2018, Entered: 11/20/2018 |
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Motions terminated, docketed incorrectly: Docket Entry 168 electronically filed by Dean Cho, Esq. is not a motion and should not have been filed as such. The document is a response to the motion at docket entry #166 and should have been filed using the appropriate event found in the Responses and Replies category. DO NOT REFILE the document. Counsel is reminded that when submitting electronic filings with the court to always use the appropriate event. If you are unsure of the appropriate event you can contact the Clerk's Office for assistance. CM/ECF training is available at the courthouse free of charge. For more information regarding training, counsel can contact Evelyn Levine, Training Specialist, at (718) 613 2312. (Guy, Alicia)
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| 168 |
Filed: 11/19/2018, Entered: 11/19/2018 |
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MOTION to Compel Opposition Letter by Beijing Deheng Law Offices. (Cho, Dean)
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Request |
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Filed: 11/16/2018, Entered: 11/16/2018 |
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ORDER granting 167 Motion to Adjourn Conference -- The status conference previously scheduled for November 29, 2018 is rescheduled for December 3, 2018 at 2:00 p.m. Ordered by Magistrate Judge James Orenstein on 11/16/2018. (Roantree, Bronwyn)
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| 167 |
Filed: 11/16/2018, Entered: 11/16/2018 |
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MOTION to Adjourn Conference by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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Filed: 11/15/2018, Entered: 11/15/2018 |
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SCHEDULING ORDER: re 166 MOTION to Compel -- The defendant DHLO is respectfully directed to respond to the plaintiff's letter motion by November 19, 2018. A status conference will be held on November 29, 2018 at 11:30 a.m. Ordered by Magistrate Judge James Orenstein on 11/15/2018. (Roantree, Bronwyn)
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| 166 |
Filed: 11/14/2018, Entered: 11/14/2018 |
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Letter Advising the Court of Discovery Dispute by China Power Equipment, Inc. (Orr, James) Modified on 11/15/2018 (Guy, Alicia).
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Request |
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Filed: 10/31/2018, Entered: 10/31/2018 |
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SCHEDULING ORDER: Upon reviewing the parties' submissions of settlement position, it appears that the scheduled settlement conference would not be a productive use of the parties' or the court's time. Accordingly, the settlement conference scheduled for November 1, 2018 is cancelled. Ordered by Magistrate Judge James Orenstein on 10/31/2018. (Roantree, Bronwyn)
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Filed: 10/25/2018, Entered: 10/25/2018 |
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ORDER terminating 164 Motion to Substitute Attorney; ORDER granting 165 Motion to Substitute Attorney -- The application at docket entry 165 is granted; attorney Dean T. Cho is added as counsel for defendant Beijing Deheng Law Offices, and attorney Harry Henry Rimm is terminated. Ordered by Magistrate Judge James Orenstein on 10/25/2018. (Roantree, Bronwyn)
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| 165 |
Filed: 10/25/2018, Entered: 10/25/2018 |
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Second MOTION to Substitute Attorney Corrected Submission by Beijing Deheng Law Offices. (Cho, Dean)
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Request |
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Filed: 10/25/2018, Entered: 10/25/2018 |
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ORDER re 164 Second MOTION to Substitute Attorney -- I will resolve the motion once the defendant files the proposed order mentioned in, but not attached to, the instant letter. Ordered by Magistrate Judge James Orenstein on 10/25/2018. (Roantree, Bronwyn)
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| 164 |
Filed: 10/25/2018, Entered: 10/25/2018 |
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Second MOTION to Substitute Attorney Letter by Beijing Deheng Law Offices. (Cho, Dean)
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Request |
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Filed: 10/5/2018, Entered: 10/5/2018 |
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ORDER granting 163 Motion for Protective Order -- The protective order, docket entry 163 , is so ordered. Ordered by Magistrate Judge James Orenstein on 10/5/2018. (Roantree, Bronwyn)
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| 163 |
Filed: 10/5/2018, Entered: 10/5/2018 |
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Letter MOTION for Protective Order by Beijing Deheng Law Offices. (Attachments: # 1 Proposed Order) (Flood, Barron)
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Request |
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Filed: 10/4/2018, Entered: 10/4/2018 |
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ORDER denying 147 Motion for Protective Order; denying 152 Motion to Take Deposition from Yu Nu -- See docket entry 161 . Ordered by Magistrate Judge James Orenstein on 10/3/2018. (Roantree, Bronwyn)
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| 162 |
Filed: 10/3/2018, Entered: 10/3/2018 |
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AMENDED SCHEDULING ORDER: Settlement Conference (ex parte statements of settlement position due via email two business days in advance): November 1, 2018, at 9:30 a.m. Fact discovery to be completed by: January 14, 2019. Plaintiffs' expert disclosures due by: February 13, 2019. Defendant's expert disclosures due by: March 13, 2019. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: April 1, 2019. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): April 10, 2019, at 9:30 a.m. Dispositive motion process started by: April 24, 2019. Joint pretrial order due by: May 31, 2019. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 10/3/2018. (Orenstein, James)
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Request |
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| 161 |
Filed: 10/3/2018, Entered: 10/3/2018 |
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Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 10/3/2018. Scheduling: (1) The next settlement conference will be held on November 1, 2018, at 9:30 a.m. (2) A pretrial conference will be held on April 10, 2019, at 9:30 a.m. Summary: (1) As set forth on the record, I denied the defendant's motion for a protective order without prejudice to specific requests for relief under the Hague convention relating to particular discovery demands. I also granted the plaintiff's motion to compel responses to discovery demands and interrogatories. The defendants shall make the required disclosures (including, if any information is withheld on the basis of an assertion of privilege, a privilege log) by October 8, 2018. (2) I denied as premature the plaintiff's motion to compel the deposition of Yu Nu because the plaintiff has not yet served a deposition notice. I respectfully direct the parties to cooperate with respect to the deposition date. See Loc. Civ. R. 26.4. However, if they cannot agree, the plaintiff may serve a deposition notice and the defendant may, if appropriate, seek a protective order; what the defendant may not do is simply refuse to produce for testimony a properly noticed deponent. (3) On consent, I will enter an amended case management and scheduling order that extends all remaining pretrial deadlines by approximately two months. (4) No later than October 30, 2018, each party must submit an ex parte statement of settlement position by email (NOT by ECF) to orenstein_chambers@nyed.uscourts.gov. Each statement must include the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position. These statements will be treated as confidential, and will not be docketed. Meaningful settlement discussions will occur at the next conference; clients or other persons with full settlement authority must be present or immediately available by telephone. (Orenstein, James)
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Request |
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| 160 |
Filed: 10/1/2018, Entered: 10/1/2018 |
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STATUS REPORT by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 159 |
Filed: 10/1/2018, Entered: 10/1/2018 |
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Letter Specifying Each Document Filed by Defendant Beijing Deheng Law Offices in Support of its Motion for Summary Judgment (ECF 154) by Beijing Deheng Law Offices (Rimm, Harry)
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Request |
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| 158 |
Filed: 10/1/2018, Entered: 10/1/2018 |
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RESPONSE to Motion re 154 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Orr, James)
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Request |
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| 157 |
Filed: 10/1/2018, Entered: 10/1/2018 |
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REPLY in Support re 154 MOTION to Dismiss for Failure to State a Claim filed by Beijing Deheng Law Offices. (Rimm, Harry)
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Request |
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| 156 |
Filed: 10/1/2018, Entered: 10/1/2018 |
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AFFIDAVIT/DECLARATION in Support re 154 MOTION to Dismiss for Failure to State a Claim filed by Beijing Deheng Law Offices. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Rimm, Harry)
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Request |
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| 155 |
Filed: 10/1/2018, Entered: 10/1/2018 |
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MEMORANDUM in Support re 154 MOTION to Dismiss for Failure to State a Claim filed by Beijing Deheng Law Offices. (Rimm, Harry)
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Request |
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| 154 |
Filed: 10/1/2018, Entered: 10/1/2018 |
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MOTION to Dismiss for Failure to State a Claim by Beijing Deheng Law Offices. (Rimm, Harry)
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Request |
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Filed: 9/28/2018, Entered: 9/28/2018 |
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Incorrect Case/Document/Entry Information -- The Scheduling Order erroneously entered on the docket of this case earlier today has been deleted. (Guy, Alicia)
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| 153 |
Filed: 9/27/2018, Entered: 9/27/2018 |
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RESPONSE in Opposition re 152 Letter MOTION to Take Deposition from Nu Yu filed by Beijing Deheng Law Offices. (Rimm, Harry)
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Request |
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Filed: 9/24/2018, Entered: 9/24/2018 |
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ORDER re 152 Letter MOTION to Take Deposition -- The defendants arerespectfully directed to respond to the plaintiff's letter motion, docket entry 152 , by September 27, 2018. Ordered by Magistrate Judge James Orenstein on 9/24/2018. (Roantree, Bronwyn)
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| 152 |
Filed: 9/24/2018, Entered: 9/24/2018 |
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Letter MOTION to Take Deposition from Nu Yu by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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| 151 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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REPLY in Opposition re 149 Response to Motion for Protective Order and Motion to Compel Discovery Responses filed by Beijing Deheng Law Offices. (Rimm, Harry)
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Request |
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Filed: 9/18/2018, Entered: 9/18/2018 |
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ORDER granting 150 Motion for Extension of Time to File Response -- The application is granted on consent; Defendant shall answer or otherwise respond to the motion to compel by September 21, 2018. Ordered by Magistrate Judge James Orenstein on 9/18/2018. (Roantree, Bronwyn)
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| 150 |
Filed: 9/17/2018, Entered: 9/17/2018 |
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Letter MOTION for Extension of Time to File Response/Reply to Plaintiff China Power Equipment's Motion to Compel by Beijing Deheng Law Offices. (Flood, Barron)
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Request |
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| 149 |
Filed: 9/14/2018, Entered: 9/14/2018 |
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RESPONSE to Motion re 147 Letter MOTION for Protective Order filed by All Plaintiffs. (Orr, James)
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Request |
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Filed: 9/13/2018, Entered: 9/13/2018 |
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ORDER terminating 132 Motion for Protective Order -- The motion is terminated. See docket entry 135 . Ordered by Magistrate Judge James Orenstein on 9/13/2018. (Drake, Shaw)
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Filed: 9/13/2018, Entered: 9/13/2018 |
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ORDER granting 148 Motion to Adjourn Conference -- The application is granted and the status conference previously scheduled for September 21, 2018 is cancelled. I will discuss the motion, docket entry 147 , at the next status conference, previously scheduled for October 3, 2018, at 10:30 a.m. Ordered by Magistrate Judge James Orenstein on 9/13/2018. (Drake, Shaw)
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| 148 |
Filed: 9/13/2018, Entered: 9/13/2018 |
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MOTION to Adjourn Conference by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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Filed: 9/11/2018, Entered: 9/11/2018 |
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SCHEDULING ORDER re 147 Letter MOTION for Protective Order -- The plaintiffs are respectfully directed to respond to the defendant's letter motion, docket entry 147 , by September 14, 2018. A status conference will be held on September 21, 2018 at 3:00 p.m. Ordered by Magistrate Judge James Orenstein on 9/11/2018. (Drake, Shaw)
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| 147 |
Filed: 9/10/2018, Entered: 9/10/2018 |
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Letter MOTION for Protective Order by Beijing Deheng Law Offices. (Rimm, Harry)
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Request |
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Filed: 8/8/2018, Entered: 8/8/2018 |
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ORDER granting 146 Motion for Extension of Time to File. The motion by defendant Beijing Deheng Law Office ("DHLO") to extend the briefing schedule for DHLO's motion to dismiss plaintiffs' 138 fourth amended complaint is GRANTED. The court adopts the proposed briefing schedule set forth in DHLO's 146 motion: DHLO shall serve, but not file, its moving papers on or before August 17, 2018. Plaintiffs shall serve, but not file, their opposition papers within 30 days after service of moving papers (i.e., no later than September 17, 2018). DHLO shall serve its reply within 14 days after service of plaintiffs' opposition papers (i.e., no later than October 1, 2018). As set forth in the court's Individual Chambers Practices, Section IV(C)(1), https://img.nyed.uscourts.gov/rules/KAM-MLR.pdf, on the date the reply is served, but not before that date, the parties shall file their respective papers via ECF, and plaintiffs and DHLO shall each serve two courtesy copies of their respective papers on chambers. Ordered by Judge Kiyo A. Matsumoto on 8/8/2018. (Flores, Diego)
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| 146 |
Filed: 8/8/2018, Entered: 8/8/2018 |
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Letter MOTION for Extension of Time to File Motion to Dismiss by Beijing Deheng Law Offices. (Rimm, Harry)
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Request |
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Filed: 7/24/2018, Entered: 7/24/2018 |
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ORDER denying 142 Motion to Stay -- See docket entry 145 . Ordered by Magistrate Judge James Orenstein on 7/24/2018. (Drake, Shaw)
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| 145 |
Filed: 7/24/2018, Entered: 7/24/2018 |
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Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 7/24/2018. Scheduling: (1) The next status conference will be held on October 3, 2018, at 10:30 a.m. (2) A pretrial conference will be held on February 13, 2019, at 9:30 a.m. Summary: After hearing the arguments of counsel, I again denied the defendant's motion to stay discovery. The ruling is without prejudice to any party's right to seek a protective order under Federal Rule of Civil Procedure 26(c) with respect to a specific discovery request. (Orenstein, James)
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Request |
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| 144 |
Filed: 7/18/2018, Entered: 7/18/2018 |
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RESPONSE to Motion re 142 Letter MOTION to Stay Discovery filed by All Plaintiffs. (Orr, James)
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Request |
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Filed: 7/13/2018, Entered: 7/13/2018 |
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SCHEDULING ORDER: re 143 Letter filed by Beijing Deheng Law Offices ("DHLO"). The court adopts the parties' joint proposed briefing schedule for defendant DHLO's proposed motion to dismiss plaintiffs' 138 fourth amended complaint. DHLO shall serve, but not file, its moving papers on or before August 10, 2018. Plaintiffs shall serve, but not file, their opposition papers within 30 days after service of moving papers (i.e., no later than September 10, 2018). DHLO shall serve its reply within 14 days after service of plaintiffs' opposition papers (i.e., no later than September 24, 2018). As set forth in the court's Individual Chambers Practices, Section IV(C)(1), https://img.nyed.uscourts.gov/rules/KAM-MLR.pdf, on the date the reply is served, but not before that date, the parties shall file their respective papers via ECF, and plaintiffs and DHLO shall each serve a two courtesy copies of their respective papers on chambers.Ordered by Judge Kiyo A. Matsumoto on 7/13/2018. (Flores, Diego)
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Filed: 7/13/2018, Entered: 7/13/2018 |
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SCHEDULING ORDER re 142 Letter MOTION to Stay Discovery -- The motion to stay initial disclosures is denied; such disclosure is already overdue and I respectfully direct the defendant to discharge its obligation forthwith. To the extent the defendant seeks a stay of discovery beyond the initial disclosures, the plaintiffs shall respond by July 18, 2018. A status conference will be held on July 24, 2018 at 9:30 a.m. Ordered by Magistrate Judge James Orenstein on 7/13/2018. (Drake, Shaw)
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| 143 |
Filed: 7/13/2018, Entered: 7/13/2018 |
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Letter re the Court's June 27, 2018 Order by Beijing Deheng Law Offices (Rimm, Harry)
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Request |
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| 142 |
Filed: 7/13/2018, Entered: 7/13/2018 |
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Letter MOTION to Stay Discovery by Beijing Deheng Law Offices. (Velie, Franklin)
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Request |
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| 141 |
Filed: 7/3/2018, Entered: 7/9/2018 |
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Summons Returned Unexecuted by China Power Equipment, Inc., An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC as to Xi'An Amorphous Alloy Zhongxi Transformer Co., Ltd. Reason for unexecuted of service abroad of deft: "No such company at address provided." (Galeano, Sonia)
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Request |
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Filed: 6/27/2018, Entered: 6/27/2018 |
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ORDER granting 139 Motion to Substitute Attorney -- The motion is granted. The defendant's substitution of counsel, docket entry 139 , is so ordered. Attorney Harry H. Rimm is substituted as counsel for Beijing DeHeng Law Offices. Ordered by Magistrate Judge James Orenstein on 6/27/2018. (Drake, Shaw)
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Filed: 6/27/2018, Entered: 6/27/2018 |
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ORDER granting 140 Motion for Extension of Time to File Letter. Defendant DHLO shall file the letter referenced in the court's order of May 31, 2018, which shall advise the court as to how DHLO intends to proceed, on or before July 13, 2018. Prior to defendant DHLO's submission of the aforementioned letter, the parties shall confer regarding narrowing the issues before the court, settlement, and formulating a proposed briefing schedule. Ordered by Judge Kiyo A. Matsumoto on 6/27/2018. (Flores, Diego)
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| 140 |
Filed: 6/27/2018, Entered: 6/27/2018 |
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Letter MOTION for Extension of Time to File Letter in Connection with the Court's May 31, 2018 Order by Beijing Deheng Law Offices. (Rimm, Harry)
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Request |
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| 139 |
Filed: 6/27/2018, Entered: 6/27/2018 |
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MOTION to Substitute Attorney by Beijing Deheng Law Offices. (Rimm, Harry)
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Request |
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| 138 |
Filed: 6/14/2018, Entered: 6/14/2018 |
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AMENDED COMPLAINT against Beijing Deheng Law Offices, EFF6E3EFACC, F5856CF, 651206B, 0108CB9, 7D64027, Xi'An Amorphous Alloy Zhongxi Transformer Co., Ltd., 2C1DE50, filed by China Power Equipment, Inc., An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Orr, James)
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Request |
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| 137 |
Filed: 6/13/2018, Entered: 6/13/2018 |
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NOTICE by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC of Filing Initial Rule 26 Disclosures of Plaintiffs (Orr, James)
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Request |
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| 136 |
Filed: 6/13/2018, Entered: 6/13/2018 |
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SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: June 13, 2018. First request for production of documents and first request for interrogatories due by: July 13, 2018. Deadline for joinder of additional parties and amendment of pleadings: August 31, 2018. Status Conference (with joint status report due two business days in advance): October 3, 2018, at 10:30 a.m. Fact discovery to be completed by: November 13, 2018. Plaintiffs' expert reports to be completed by: December 13, 2018. Defendants' expert reports to be completed by: January 14, 2019. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: January 31, 2019. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): February 13, 2019, at 9:30 a.m. Dispositive motion process started by: February 27, 2019. Joint pretrial order due by: April 1, 2019. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 6/13/2018. (Orenstein, James)
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Request |
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| 135 |
Filed: 6/13/2018, Entered: 6/13/2018 |
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Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 6/13/2018. Scheduling: (1) The next status conference will be held on October 3, 2018, at 10:30 a.m. (2) A pretrial conference will be held on February 13, 2019, at 9:30 a.m. Summary: The plaintiffs' previously served discovery requests were premature. See Fed. R. Civ. P. 26(d)(1). After discussing the matter with counsel, I concluded that discovery will now begin. I will enter a case management and scheduling order that contemplates the completion of fact discovery in five months. The appearing defendant agreed to deem the previously served discovery requests as being served as of today. I respectfully direct the parties to confer as to settlement and to be prepared at the next conference either to set a schedule for a settlement conference or referral to mediation, or to explain why doing so would be inappropriate. (Orenstein, James)
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Request |
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| 134 |
Filed: 6/6/2018, Entered: 6/6/2018 |
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RESPONSE to Motion re 132 First MOTION for Protective Order Letter filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Orr, James)
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Request |
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Filed: 6/6/2018, Entered: 6/6/2018 |
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ORDER denying 133 Motion to Appear by Telephone -- Unfortunately, I have learned the hard way that it is difficult to have a substantive discussion with counsel when one is appearing by telephone. If there are no substantive matters to discuss, I will entertain a motion to adjourn or cancel the conference as unnecessary; otherwise, I respectfully direct all counsel to appear in person. Ordered by Magistrate Judge James Orenstein on 6/6/2018. (Salvador, Anjali)
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| 133 |
Filed: 6/6/2018, Entered: 6/6/2018 |
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Motion to Appear by Telephone by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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Filed: 6/4/2018, Entered: 6/4/2018 |
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ORDER re 132 First MOTION for Protective Order Letter filed by Beijing Deheng Law Offices -- The plaintiffs are respectfully directed to respond to the defendant's letter motion, docket entry 132 , by June 6, 2018. A status conference will be held on June 13, 2018 at 10:30 a.m. Ordered by Magistrate Judge James Orenstein on 6/4/2018. (Drake, Shaw)
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Filed: 6/4/2018, Entered: 6/4/2018 |
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ORDER re 132 First Motion for Protective Order filed by Beijing Deheng Law Offices. Discovery and other non-dispositive motions should be directed to Magistrate Judge Orenstein and should comply with his individual practices. See Individual Chambers Practices, Section IV(A). Accordingly, defendant Beijing Deheng Law Offices' motion for a protective order is respectfully referred to Magistrate Judge Orenstein. Ordered by Judge Kiyo A. Matsumoto on 6/4/2018. (Flores, Diego)
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| 132 |
Filed: 6/3/2018, Entered: 6/3/2018 |
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First MOTION for Protective Order Letter by Beijing Deheng Law Offices. (Cho, Dean)
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Request |
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Filed: 5/31/2018, Entered: 5/31/2018 |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephonic Pre-Motion Conference held on 5/31/2018. Appearances: for plaintiffs, James Craig Orr, Jr., Esq.; for defendant DeHeng Law Offices, Dean T. Cho, Esq. Discussions were held regarding the proposed motion to dismiss plaintiffs' 64 third amended complaint by defendant DeHeng Law Offices ("DHLO"). The court ORDERED the following: (1) plaintiffs shall file a fourth amended complaint on or before June 14, 2018; (2) defendant DHLO shall file a letter advising the court as to how it intends to proceed on or before June 28, 2018; and (3) prior to defendant DHLO's submission of the aforementioned letter, the parties shall confer regarding narrowing the issues before the court, settlement, and formulating a proposed briefing schedule. Additionally, the court put plaintiffs on notice that, if defendant DHLO successfully moves against their forthcoming fourth amended complaint under Rule 12(b)(6), the court will not afford plaintiffs an opportunity to file a further amended complaint against defendant DHLO. Ordered by Judge Kiyo A. Matsumoto on 5/31/2018. (Flores, Diego)
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| 131 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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Summons Issued as to F5856CF, 651206B, 0108CB9, 7D64027, Xi'An Amorphous Alloy Zhongxi Transformer Co., Ltd., 2C1DE50. (Galeano, Sonia)
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Request |
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| 130 |
Filed: 5/25/2018, Entered: 5/25/2018 |
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Proposed Summons. by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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Filed: 5/22/2018, Entered: 5/22/2018 |
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ORDER granting 127 Motion for Pre-Motion Conference. The court will hold a telephonic pre-motion hearing regarding defendant Beijing Deheng Law Offices' proposed motion to dismiss on May 31, 2018 at 5:00 p.m. Defendant's counsel shall initiate a conference call among the parties and call into chambers (718-613-2180) when all parties are on the line. The parties should be prepared to discuss whether defendant's proposed motion should be brought as a motion to dismiss under Federal Rule of Civil Procedure ("Rule") 12, or as a motion for summary judgment under Rule 56, and if the motion should be brought under Rule 56, what discovery is necessary. Ordered by Judge Kiyo A. Matsumoto on 5/22/2018. (Flores, Diego)
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| 129 |
Filed: 5/14/2018, Entered: 5/14/2018 |
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RESPONSE to Motion re 127 First MOTION for pre motion conference filed by All Plaintiffs. (Orr, James)
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Request |
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| 128 |
Filed: 5/9/2018, Entered: 5/10/2018 |
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Summons Returned Unexecuted re: Request for Service Abroad of Judicial or Extrajudicial Documents filed by China Power Equipment, Inc., An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC as to 0108CB9. (Galeano, Sonia)
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Request |
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| 127 |
Filed: 5/9/2018, Entered: 5/9/2018 |
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First MOTION for pre motion conference by Beijing Deheng Law Offices. (Cho, Dean)
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Request |
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Filed: 5/8/2018, Entered: 5/8/2018 |
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ORDER terminating 125 Motion to Dismiss for Failure to State a Claim and 126 Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim. The motion to dismiss filed by defendant DeHeng Law Offices ("DHLO") is terminated as defendant DHLO has filed it prematurely. Defendant is directed to review chambers practices regarding motion practice. (See https://img.nyed.uscourts.gov/rules/KAM-MLR.pdf, Section IV.) If defendant wishes to move to dismiss, it shall comply with chambers practices, including but not limited to by filing a request for a pre-motion conference on the docket. Additionally, defendant's 126 memorandum of law in support of its motion to dismiss was incorrectly filed as a motion. Counsel shall use the appropriate ECF event when submitting electronic filings to the court. Ordered by Judge Kiyo A. Matsumoto on 5/8/2018. (Flores, Diego)
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| 126 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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First Motion to Dismiss for Failure to State a Claim Supporting Memorandum of Law by Beijing Deheng Law Offices. (Cho, Dean)
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Request |
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| 125 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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First Motion to Dismiss for Failure to State a Claim by Beijing Deheng Law Offices. (Attachments: # 1 Declaration, # 2 Exhibit Ex. A, # 3 Exhibit Ex. B) (Cho, Dean)
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Request |
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Filed: 4/23/2018, Entered: 4/23/2018 |
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ORDER granting 124 Motion for Extension of Time to File Response/Reply -- The motion is granted. The stipulation, docket entry 124 , is so ordered. Beijing Deheng Law Offices shall answer or otherwise respond to the complaint by May 7, 2018. Ordered by Magistrate Judge James Orenstein on 4/23/2018. (Drake, Shaw)
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| 124 |
Filed: 4/23/2018, Entered: 4/23/2018 |
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First MOTION for Extension of Time to File Response/Reply as to 64 Amended Complaint by Beijing Deheng Law Offices. (Cho, Dean)
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Request |
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| 123 |
Filed: 4/16/2018, Entered: 4/16/2018 |
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SUMMONS Returned Executed by China Power Equipment, Inc., An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC. Beijing Deheng Law Offices served on 4/2/2018, answer due 4/23/2018. (Orr, James)
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Request |
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| 122 |
Filed: 4/6/2018, Entered: 4/6/2018 |
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Order Dismissing Parties: That all claims against Deft 06AF3C4 are hereby dismissed with prejudice. This case shall remain pending against the remaining Defts and nothing herein shall prejudice Pltffs' claims against those Defts. (Ordered by Judge Kiyo A. Matsumoto on 4/3/2018) c/m (Galeano, Sonia)
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Request |
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Filed: 4/6/2018, Entered: 4/6/2018 |
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ORDER re 117 Stipulation of Dismissal, 121 Notice of Voluntary Dismissal -- In light of the parties' stipulation of dismissal as to defendant AC48F82 and notice of voluntary dismissal as to defendant 06AF3C4, the status conference previously scheduled for April 9, 2018, is cancelled. Ordered by Magistrate Judge James Orenstein on 4/6/2018. (Drake, Shaw)
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| 121 |
Filed: 4/3/2018, Entered: 4/3/2018 |
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NOTICE of Voluntary Dismissal by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC of all Claims against 06AF3C4 With Prejudice (Orr, James)
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Request |
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Filed: 3/29/2018, Entered: 3/29/2018 |
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ORDER granting 120 Motion for Extension of Time to File -- The motion is granted; service of process shall be made on Defendant Beijing Deheng Law Offices by delivering electronic copies of the Summons and Third Amended Complaint to the following email addresses: deheng@dehenglaw.com, wangli@dehenglaw.com, information@dcclaw.com, and xchen@dcclaw.com. Ordered by Magistrate Judge James Orenstein on 3/29/2018. (Drake, Shaw)
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Filed: 3/29/2018, Entered: 3/29/2018 |
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ORDER granting 119 Motion to Continue -- The motion is granted. The plaintiffs shall serve defendants 7D64027, Xi-an Amorphous Alloy Zhongxi Transformer Co., Ltd., F5856CF, Sui 651206B, 2C1DE50, 0108CB9, EFF6E3EFACC, and Beijing Deheng Law Offices by December 31, 2018. Ordered by Magistrate Judge James Orenstein on 3/29/2018. (Drake, Shaw)
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| 120 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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MOTION for Extension of Time to File and Application for an Order Authorizing Alternative Service by Electronic Means by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order) (Orr, James)
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Request |
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| 119 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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Fifth MOTION to Continue for Additional Time for Service of Summons in a Foreign Country by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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| 118 |
Filed: 3/12/2018, Entered: 3/12/2018 |
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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: That this action be, and the same hereby is, dismissed as against AC48F82 with prejudice on the merits and without costs or attorneys' fees to any party. Ordered by Judge Kiyo A. Matsumoto on 3/12/2018. (Williams-Jackson, Sandra)
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Request |
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| 117 |
Filed: 3/12/2018, Entered: 3/12/2018 |
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STIPULATION of Dismissal by AC48F82 (Curley, John)
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Request |
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| 116 |
Filed: 3/9/2018, Entered: 3/9/2018 |
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Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 3/9/2018. SCHEDULING: The next status conference will be held on April 9, 2018, at 12:30 p.m. SUMMARY: The parties will promptly file a stipulation of dismissal as to defendant AC48F82 and a notice of voluntary dismissal as to defendant 06AF3C4. If both of those defendants have been dismissed before the next conference scheduled above, I will cancel it; otherwise, counsel shall appear in person to discuss the speedy disposition of the remaining claims against those defendants. The deadline for effecting service on the remaining defendants is April 1, 2018. (Orenstein, James)
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Request |
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| 115 |
Filed: 3/7/2018, Entered: 3/7/2018 |
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Order Dismissing Parties: That this action be, and the same hereby is, dismissed as against the Estate of 95DF85F with prejudice on the merits and without costs or attorneys' fees to any party. Party Elizabeth Cirone 95DF85F (as Executrix of the Estate of 95DF85F) terminated.. Ordered by Judge Kiyo A. Matsumoto on 3/6/2018. (Galeano, Sonia)
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Request |
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| 114 |
Filed: 3/6/2018, Entered: 3/6/2018 |
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STIPULATION of Dismissal by Elizabeth Cirone 95DF85F (Curley, John)
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Request |
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| 113 |
Filed: 2/9/2018, Entered: 2/9/2018 |
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Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 2/9/2018. SCHEDULING: The next telephone conference will be held on March 9, 2018, at 12:30 p.m. SUMMARY: The parties remain in agreement to settle the case and have now provided for the substitution of defendants that will allow them to file a stipulation of dismissal. If they do so before the next conference scheduled above, I will cancel it; otherwise I respectfully direct the plaintiffs' counsel to initiate the telephone conference call. (Orenstein, James)
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Request |
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Filed: 2/7/2018, Entered: 2/7/2018 |
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ORDER granting 112 Motion to Substitute Party -- The motion is granted; Elizabeth Cirone 95DF85F, as Executrix of the Estate of 95DF85F, is substituted for the late 95DF85F. Ordered by Magistrate Judge James Orenstein on 2/7/2018. (Drake, Shaw)
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| 112 |
Filed: 2/7/2018, Entered: 2/7/2018 |
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MOTION to Substitute Party by 95DF85F. (Curley, John)
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Request |
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Filed: 1/11/2018, Entered: 1/11/2018 |
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SCHEDULING ORDER: re 111 -- The pretrial conference previously scheduled for January 16, 2018 is cancelled. A telephone conference will be held on February 9, 2018, at 12:30 p.m. If a stipulation of dismissal is filed by February 7, 2018, I will cancel the conference; otherwise, counsel for the plaintiff shall initiate the call and conference in chambers when all parties are on the line. All parties are directed to use landlines rather than mobile telephones in order to reduce potential interference. Ordered by Magistrate Judge James Orenstein on 1/11/2018. (Drake, Shaw)
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| 111 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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Letter advising settlement reached as to Defendants AC48F82 and the late 95DF85F by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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Filed: 1/9/2018, Entered: 1/9/2018 |
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ORDER terminating 92 Motion to Dismiss. As discussed in the telephonic pre-motion conference held in this action on January 8, 2017, the instant motion overlaps significantly with the proposed motion for summary judgment by defendants AC48F82 and the late 95DF85F, for which the court has now set a briefing schedule. On consent of the parties, the instant motion is terminated. Ordered by Judge Kiyo A. Matsumoto on 1/9/2018. (Flores, Diego)
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Filed: 1/9/2018, Entered: 1/9/2018 |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephonic Pre-motion Conference held on 1/8/2018. Appearances: for plaintiffs, James C. Orr, Esq.; for defendants AC48F82 and the late 95DF85F, John P. Curley, Esq. Discussions held regarding proposed motion for summary judgment by defendants AC48F82 and the late 95DF85F (the "defendants"). The court authorized the defendants to file their motion and ordered the following briefing schedule: defendants shall serve their motion for summary judgment on plaintiffs on or before February 12, 2018. Plaintiffs shall serve their opposition on defendants on or before March 5, 2018. Defendants shall serve their reply on plaintiffs on or before March 19, 2017. Additionally, on the date the reply is served, the parties are to file their papers on ECF and serve chambers with two courtesy copies of each filing. Because of the significant overlap between the issues presented in their forthcoming motion for summary judgment and in their pending motion to dismiss, defendants have agreed that their motion to dismiss should be terminated. The court will enter a separate order to that effect. Ordered by Judge Kiyo A. Matsumoto on 1/8/18. (Flores, Diego)
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Filed: 1/2/2018, Entered: 1/2/2018 |
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ORDER re 108 Motion for Premotion Conference, 109 Response to Motion, and Orders on Motion for Premotion Conference dated December 4, 2017 and December 14, 2017. The premotion conference on the proposed motion for summary judgment by defendants AC48F82 and the late 95DF85F, which was previously scheduled for January 8, 2018 at 4:00 p.m., will be held on January 8, 2018 at 10:30 a.m. Eastern Standard Time. Counsel for defendants AC48F82 and the late 95DF85F shall coordinate a conference call and dial into the court (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 1/2/2018. (Flores, Diego)
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Filed: 12/14/2017, Entered: 12/14/2017 |
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ORDER re 108 Motion for Premotion Conference, 109 Response to Motion, and Order on Motion for Premotion Conference dated December 4, 2017. Due to the court's trial schedule, the premotion conference on the proposed motion for summary judgment by defendants AC48F82 and the late 95DF85F, which was previously scheduled for December 19, 2017 at 10:30 a.m., will be held on January 8, 2018 at 4:00 p.m. Counsel for defendants AC48F82 and the late 95DF85F shall coordinate a conference call and dial into the court (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 12/14/2017. (Flores, Diego)
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Filed: 12/7/2017, Entered: 12/7/2017 |
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ORDER granting 110 Motion to Adjourn Conference -- The pretrial conference previously scheduled for December 15, 2017 is rescheduled for January 16, 2018, at 11:00 a.m. Ordered by Magistrate Judge James Orenstein on 12/7/2017. (Drake, Shaw)
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| 110 |
Filed: 12/7/2017, Entered: 12/7/2017 |
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Consent MOTION to Adjourn Conference by 95DF85F, AC48F82. (Curley, John)
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Request |
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Filed: 12/4/2017, Entered: 12/4/2017 |
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ORDER granting 108 Motion for Pre-motion Conference. A telephonic pre-motion conference shall be held on December 19, 2017 at 10:30 a.m. Counsel for defendants AC48F82 and the late 95DF85F shall coordinate a conference call and dial into the court (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 12/4/2017. (Flores, Diego)
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| 109 |
Filed: 12/4/2017, Entered: 12/4/2017 |
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RESPONSE to Motion re 108 MOTION for pre motion conference filed by All Plaintiffs. (Orr, James)
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Request |
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| 108 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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MOTION for pre motion conference by 95DF85F, AC48F82. (Curley, John)
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Request |
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Filed: 11/28/2017, Entered: 11/28/2017 |
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ORDER granting 107 Motion to Continue -- The motion is granted. The plaintiffs shall serve defendants 7D64027, Xi-an Amorphous Alloy Zhongxi Transformer Co., Ltd., F5856CF, Sui 651206B, 2C1DE50, 0108CB9, EFF6E3EFACC, and Beijing Deheng Law Offices by April 1, 2018. Ordered by Magistrate Judge James Orenstein on 11/28/2017. (Drake, Shaw)
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| 107 |
Filed: 11/28/2017, Entered: 11/28/2017 |
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Fourth MOTION to Continue for Additional Time for Service of Summons in a Foreign Country by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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Filed: 11/9/2017, Entered: 11/9/2017 |
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ORDER re 106 Consent MOTION to Adjourn Conference -- In light of the suggestion of death on the record, the defendant's successor or representative shall file a motion for substitution no later than February 7, 2018. If no such motion is made by that date, the action against the decedent "must be dismissed." Fed. R. Civ. P. 25(a)(1). Ordered by Magistrate Judge James Orenstein on 11/9/2017. (Drake, Shaw)
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Filed: 11/9/2017, Entered: 11/9/2017 |
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ORDER granting 106 Motion to Adjourn Conference -- The pretrial conference previously scheduled for November 15, 2017 is rescheduled for December 15, 2017, at 11:00 a.m. Ordered by Magistrate Judge James Orenstein on 11/9/2017. (Drake, Shaw)
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| 106 |
Filed: 11/9/2017, Entered: 11/9/2017 |
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Consent MOTION to Adjourn Conference by 95DF85F, AC48F82. (Curley, John)
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Request |
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| 105 |
Filed: 10/25/2017, Entered: 10/25/2017 |
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STIPULATION Of Dismissal granted with prejudice as to defendants 9C89AAE ("Anderson") and Child, Van Wagoner & Bradshaw, PLLC ("CVB"), only. Party 9C89AAE and Child, Van Wagoner & Bradshaw, PPLC terminated. SO Ordered by Judge Kiyo A. Matsumoto, undated. (Tavarez, Jennifer)
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Request |
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| 104 |
Filed: 10/20/2017, Entered: 10/20/2017 |
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STIPULATION of Dismissal with Prejudice of All Claims Against Defendants 9C89AAE and Child, Van Wagoner & Bradshaw, PLLC by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| |
Filed: 10/18/2017, Entered: 10/18/2017 |
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ORDER re 103 Letter filed by China Power Equipment, Inc. No later than Monday, October 23, 2017, (i) the parties shall file the stipulation of dismissal contemplated in plaintiffs' letter or (ii) counsel for defendant 9C89AAE shall advise the Court as to when Mr. 9C89AAE will be able to sign the settlement agreement to which the parties have agreed. Ordered by Judge Kiyo A. Matsumoto on 10/18/2017. (Flores, Diego)
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| 103 |
Filed: 10/17/2017, Entered: 10/17/2017 |
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Letter advising status of settlement and stipulation of dismissal by China Power Equipment, Inc. (Orr, James)
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Request |
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| |
Filed: 10/10/2017, Entered: 10/10/2017 |
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ORDER terminating 86 Motion to Dismiss and 87 Motion to Dismiss. As represented in the parties' 10/6/17 joint status letter 102 , the foregoing motions to dismiss are terminated in light of the settlements reached, and the sole remaining motion to dismiss pending before the court is that of defendants 95DF85F and AC48F82 92 . The parties shall file a stipulation of dismissal with respect to Defendants Child, Van Wagoner & Bradshaw, PPLC and 9C89AAE, by October 17, 2017. Ordered by Judge Kiyo A. Matsumoto on 10/10/2017. (Newman, Alanna)
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| 102 |
Filed: 10/6/2017, Entered: 10/6/2017 |
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Letter Advising the Court of Pending Motions as Directed by 95DF85F, AC48F82 (Curley, John)
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Request |
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| |
Filed: 10/3/2017, Entered: 10/3/2017 |
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ORDER re pending motions to dismiss 86 , 87 , 92 . The parties shall file a joint letter advising the court which motions to dismiss remain pending for the court's consideration in light of the recent settlements reached with certain defendants, by October 6, 2017. Ordered by Judge Kiyo A. Matsumoto on 10/3/2017. (Newman, Alanna)
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| |
Filed: 8/30/2017, Entered: 8/30/2017 |
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ORDER granting 101 Motion to Continue -- The motion is granted. The plaintiffs shall serve defendants 7D64027, Xi-an Amorphous Alloy Zhongxi Transformer Co., Ltd., F5856CF, Sui 651206B, 2C1DE50, 0108CB9, EFF6E3EFACC, and Beijing Deheng Law Offices by December 1, 2017. Ordered by Magistrate Judge James Orenstein on 8/30/2017. (Miao, Tiffany)
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| 101 |
Filed: 8/30/2017, Entered: 8/30/2017 |
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Third MOTION to Continue for Additional Time for Service of Summon in a Foreign Country by China Power Equipment, Inc.. (Orr, James)
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Request |
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| 100 |
Filed: 8/7/2017, Entered: 8/7/2017 |
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Letter advising settlement reached as to Defendants Child, Van Wagoner & Bradshaw, PPLC and 9C89AAE by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 99 |
Filed: 8/4/2017, Entered: 8/4/2017 |
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Stipulation Of Dismissal, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the above action between the undersigned parties only, is dismissed with prejudice and without costs. Party B4B3193 Corporate Investors Services, LLC, Broadway Holdings, Inc. and B4B3193 terminated. Ordered by Judge Kiyo A. Matsumoto on 8/3/2017. (Layne, Monique)
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Request |
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| 98 |
Filed: 8/2/2017, Entered: 8/2/2017 |
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STIPULATION of Dismissal with Prejudice of All Claims Against B4B3193, Broadway Holdings, Inc. and B4B3193 Corporate Investors by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 97 |
Filed: 7/7/2017, Entered: 7/7/2017 |
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Letter advising settlement reached as to Defendants B4B3193, Broadway Holdings, Inc. and B4B3193 Corporate Investors Services, LLC by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 96 |
Filed: 6/30/2017, Entered: 6/30/2017 |
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Letter by 95DF85F, AC48F82 (Suss, Lauren)
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Request |
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| 95 |
Filed: 5/24/2017, Entered: 5/24/2017 |
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REPLY in Opposition re 86 First MOTION to Dismiss for Lack of Jurisdiction First MOTION to Dismiss (Plaintiffs' Sur-Reply in Further Opposition to Defendant 9C89AAE Motion to Dismiss) filed by All Plaintiffs. (Orr, James)
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Request |
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Filed: 5/24/2017, Entered: 5/24/2017 |
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ORDER granting 94 Motion for Leave to File. Plaintiff's motion for leave to file a Sur-Reply to defendant 9C89AAE motion to dismiss, responding to arguments raised for the first time in defendant 9C89AAE reply, is granted. Ordered by Judge Kiyo A. Matsumoto on 5/24/2017. (Newman, Alanna)
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| 94 |
Filed: 5/23/2017, Entered: 5/23/2017 |
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MOTION for Leave to File Sur-Reply to Defendant Russell Andersons Motion to Dismiss by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Attachments: # 1 Exhibit Plaintiffs' Sur-Reply to Defendant 9C89AAE Motion to Dismiss) (Orr, James)
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Request |
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Filed: 5/8/2017, Entered: 5/8/2017 |
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ORDER re 93 Status Report -- The application is granted and the conference previously scheduled for May 10, 2017 is cancelled. Pursuant to the Case Management and Scheduling Order dated September 21, 2016, docket entry 46 , I assume that the parties' application is predicated on their agreement that discovery will be completed by the current deadline of October 31, 2017. Counsel for each party shall promptly advise me if that assumption is incorrect, and is also under a continuing obligation promptly to advise me of any subsequent developments that will keep the parties from complying with the deadlines currently in effect. Ordered by Magistrate Judge James Orenstein on 5/8/2017. (Miao, Tiffany)
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| 93 |
Filed: 5/8/2017, Entered: 5/8/2017 |
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STATUS REPORT Joint Status Report by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 92 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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MOTION to Dismiss Third Amended Complaint by 95DF85F, AC48F82. Responses due by 5/5/2017 (Attachments: # 1 Notice of Motion to Dismiss the Third Amended Complaint, # 2 Declaration of John P. Curley, # 3 Exhibit A to Declaration, # 4 Exhibit B to Declaration, # 5 Memorandum of Law in Support of Motion to Dismiss, # 6 Reply Memorandum) (Suss, Lauren)
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Request |
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| 91 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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NOTICE / Response to Defendants 95DF85F and AC48F82 92 Motion to Dismiss Third Amended Complaint; filed by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James) (Modified on 5/8/2017) (Latka-Mucha, Wieslawa)
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Request |
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| 90 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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RESPONSE to Motion re 87 Motion to Dismiss for Failure to State a Claim based on statute of limitations filed by All Plaintiffs. (Orr, James)
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Request |
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| 89 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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RESPONSE to Motion re 86 First MOTION to Dismiss for Lack of Jurisdiction First MOTION to Dismiss filed by All Plaintiffs. (Orr, James)
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Request |
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| 88 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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REPLY in Support of Motion to Dismiss filed by 9C89AAE. (Atkinson, Thomas)
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Request |
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| 87 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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Motion to Dismiss for Failure to State a Claim based on statute of limitations by Broadway Holdings, Inc., B4B3193, B4B3193 Corporate Investors Services, LLC. (Attachments: # 1 Memorandum in Support) (Lonergan, Lawrence)
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Request |
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| 86 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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First MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 5/5/2017), First MOTION to Dismiss ( Responses due by 4/14/2017) by 9C89AAE. (Attachments: # 1 Declaration Declaration of Leonardo Trivigno in Support, # 2 Exhibit Exhibit A - Part One, # 3 Exhibit Exhibit A - Part Two, # 4 Exhibit Exhibit A - Part Three, # 5 Exhibit Exhibit A - Part Four, # 6 Memorandum in Support Legal Memo in Support) (Atkinson, Thomas)
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Request |
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Filed: 5/2/2017, Entered: 5/2/2017 |
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ORDER granting 85 Motion to Substitute Attorney -- The motion is granted; attorney Leonardo Trivigno terminated. Ordered by Magistrate Judge James Orenstein on 5/2/2017. (Miao, Tiffany)
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| 85 |
Filed: 5/2/2017, Entered: 5/2/2017 |
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First MOTION to Substitute Attorney Carter Ledyard & Milburn LLP by 9C89AAE. (Atkinson, Thomas)
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Request |
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| 84 |
Filed: 4/5/2017, Entered: 4/6/2017 |
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Mail Returned as Undeliverable. Mail sent to Child, Van Wagoner & Bradshaw, PPLC, c/o Lori Murphy, 5296 Commerce DR STE 300, Salt Lake City, Utah 84107. Postal Notation: Return to Sender, Not Deliverable as Addressed, Unable to Forward. (Tavarez, Jennifer)
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Request |
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| 83 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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DECLARATION of Service of Request for Entry of Default upon Defendant Child, Van Wagoner & Bradshaw by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 82 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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Request for Certificate of Default by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Orr, James)
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Request |
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Filed: 3/21/2017, Entered: 3/27/2017 |
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ORDER denying 80 Motion for Extension of Time to Complete Discovery. See docket entry 81 . Ordered by Magistrate Judge James Orenstein on 3/21/2017. (Guy, Alicia)
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| 81 |
Filed: 3/21/2017, Entered: 3/21/2017 |
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Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 3/21/2017. SCHEDULING: (1) The next status conference will be held on May 10, 2017, at 9:30 a.m. (2) A pretrial conference will be held on November 15, 2017, at 9:30 a.m. SUMMARY: (1) Defendant Child, Van Wagoner again failed to appear through counsel as required. The plaintiffs will either request that defendant's default by March 28, 2017, or abandon their claims against it. (2) I discussed with the appearing parties the B4B3193 defendants' request for scheduling relief. I declined to amend the existing scheduling order; however, the parties will confer to reschedule deposition dates to accommodate the fact that the B4B3193 defendants have not yet completed their review of recently produced documents. (3) The parties report no discovery disputes. (Orenstein, James)
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Request |
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Filed: 3/16/2017, Entered: 3/16/2017 |
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SCHEDULING ORDER: Due to a conflict in the court's calendar, the status conference previously scheduled for March 21, 2017, at 10:30 a.m. is rescheduled for 10:00 a.m. the same day. Ordered by Magistrate Judge James Orenstein on 3/16/2017. (Miao, Tiffany)
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Filed: 3/6/2017, Entered: 3/6/2017 |
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SCHEDULING ORDER: re 80 Consent MOTION for Extension of Time to Complete Discovery -- The parties shall appear to discuss the schedule at a conference on March 21, 2017, at 10:30 a.m. I do not anticipate extending discovery by the excessive amount of time requested. I will expect the parties to confer and to be prepared to discuss, in detail, the expedited scheduling of each specific discovery task that remains to be completed. Ordered by Magistrate Judge James Orenstein on 3/6/2017. (Miao, Tiffany)
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| 80 |
Filed: 3/3/2017, Entered: 3/3/2017 |
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Consent MOTION for Extension of Time to Complete Discovery by Broadway Holdings, Inc., B4B3193, B4B3193 Corporate Investors Services, LLC. (Lonergan, Lawrence)
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Request |
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Filed: 3/1/2017, Entered: 3/1/2017 |
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ORDER granting 79 Motion to Continue -- The motion is granted. The plaintiffs shall serve defendants 7D64027, Xi-an Amorphous Alloy Zhongxi Transformer Co., Ltd., F5856CF, Sui 651206B, 2C1DE50, 0108CB9, EFF6E3EFACC, and Beijing Deheng Law Offices by September 1, 2017. Ordered by Magistrate Judge James Orenstein on 3/1/2017. (Miao, Tiffany)
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| 79 |
Filed: 3/1/2017, Entered: 3/1/2017 |
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Second MOTION to Continue Time for Service of Summons in a Foreign Country by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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| 78 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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DECLARATION of Service of Court Order upon Defendant Child, Van Wagoner & Bradshaw by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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Filed: 2/21/2017, Entered: 2/21/2017 |
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ORDER: Defendant Child, Van Wagoner & Bradshaw has failed to comply with the court's 1/27/17 order to appear with counsel by February 17, 2017. Defendant Child, Van Wagoner & Bradshaw has one week to appear with counsel, by no later than February 28, 2017. If Defendant Child, Van Wagoner & Bradshaw fails to comply with this order, plaintiffs may seek a certificate of default. Counsel for plaintiffs is directed to serve defendant Child, Van Wagoner & Bradshaw with this order and file a declaration of service on the docket by February 22, 2017 at noon. Ordered by Judge Kiyo A. Matsumoto on 2/21/2017. (Newman, Alanna)
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| 77 |
Filed: 1/30/2017, Entered: 1/30/2017 |
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DECLARATION of Service of Minute Entry by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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Filed: 1/27/2017, Entered: 1/27/2017 |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 1/27/2017. Appearances for plaintiffs, James Orr, Esq.; for defendants, John Curley, Esq., Leonardo Trivigno, Esq., Lawrence Lonergan, Esq. Discussions held re proposed motions to dismiss by defendants AC48F82, 95DF85F, 9C89AAE, and the B4B3193 Defendants. The parties were advised to carefully examine which claims and defenses have a good faith basis before proceeding with motions at this stage. Defendants were advised to coordinate on the facts and law to the extent their assertions are overlapping. The court adopted the following briefing schedule: motions to dismiss shall be served by February 24, 2017, oppositions shall be served by April 14, 2017 and replies, if any shall be served and the fully briefed motion shall be filed by May 5, 2017. In accordance with chambers' practice, counsel shall serve chambers with two courtesy copies of the fully briefed motion. Defendant Child, Van Wagoner & Bradshaw, PPLC is again cautioned, as discussed in Judge Orenstein's August 22, 2016 and August 31, 2016 orders, that a corporate defendant may not proceed pro se. Child, Van Wagoner & Bradshaw is ordered to appear with counsel within three weeks, by February 17, 2017, or they will face default. Counsel for plaintiffs is respectfully directed to serve defendant Child, Van Wagoner & Bradshaw with this minute entry and file a declaration of service on the docket by Monday January 30, 2017 at 5:00 p.m. (Newman, Alanna)
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Filed: 1/26/2017, Entered: 1/26/2017 |
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ORDER re 75 Motion for Pre Motion Conference. Counsel for defendant Broadway Holdings shall join the pre-motion conference scheduled for tomorrow, January 27, 2017 at 2:00 p.m. Ordered by Judge Kiyo A. Matsumoto on 1/26/2017. (Newman, Alanna)
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| 76 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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NOTICE of Appearance by Lawrence R. Lonergan on behalf of Broadway Holdings, Inc., B4B3193, B4B3193 Corporate Investors Services, LLC (notification declined or already on case) (Lonergan, Lawrence)
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Request |
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| 75 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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Letter MOTION for pre motion conference re 64 Amended Complaint by Broadway Holdings, Inc., B4B3193, B4B3193 Corporate Investors Services, LLC. (Lonergan, Lawrence)
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Request |
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| 74 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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NOTICE of Appearance by Leonardo Trivigno on behalf of 9C89AAE (aty to be noticed) (Trivigno, Leonardo)
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Request |
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Filed: 1/26/2017, Entered: 1/26/2017 |
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ORDER re 73 Motion for Pre Motion Conference. Per this court's 1/19/17 Order, a pre-motion conference is scheduled to be held tomorrow, January 27, 2017, at 2:00 p.m. The parties were advised in this court's 11/16/16 Order to confer regarding any dispositive motions before moving for a pre-motion conference. Counsel for defendant 9C89AAE shall join the pre-motion conference scheduled for tomorrow, and shall file a notice of appearance immediately. Ordered by Judge Kiyo A. Matsumoto on 1/26/2017. (Newman, Alanna)
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| 73 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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Letter MOTION for pre motion conference regarding proposed motion to dismiss the Third Amended Complaint by 9C89AAE. (Trivigno, Leonardo)
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Request |
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| 72 |
Filed: 1/20/2017, Entered: 1/20/2017 |
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SUMMONS Returned Executed by China Power Equipment, Inc.. Broadway Holdings, Inc. served on 12/24/2016, answer due 1/27/2017. (Orr, James)
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Request |
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| 71 |
Filed: 1/20/2017, Entered: 1/20/2017 |
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SUMMONS Returned Executed by China Power Equipment, Inc.. B4B3193 Corporate Investors Services, LLC served on 12/24/2016, answer due 1/27/2017. (Orr, James)
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Request |
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| 70 |
Filed: 1/20/2017, Entered: 1/20/2017 |
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SUMMONS Returned Executed by China Power Equipment, Inc.. B4B3193 served on 12/24/2016, answer due 1/27/2017. (Orr, James)
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Request |
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Filed: 1/19/2017, Entered: 1/19/2017 |
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ORDER granting 67 Motion for Pre Motion Conference. A telephonic premotion conference will be held on January 27, 2017 at 2:00 P.M. Counsel for defendants shall initiate the call and dial in to 718-613-2180 when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 1/19/2017. (Newman, Alanna)
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| 69 |
Filed: 1/18/2017, Entered: 1/18/2017 |
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NOTICE of Appearance by Lauren S. Suss on behalf of 95DF85F, AC48F82 (aty to be noticed) (Suss, Lauren)
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Request |
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| 68 |
Filed: 1/18/2017, Entered: 1/18/2017 |
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RESPONSE to Motion re 67 MOTION for pre motion conference filed by All Plaintiffs. (Orr, James)
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Request |
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| 67 |
Filed: 1/13/2017, Entered: 1/13/2017 |
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MOTION for pre motion conference by 95DF85F, AC48F82. (Curley, John)
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Request |
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| |
Filed: 1/13/2017, Entered: 1/13/2017 |
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ORDER granting 66 Motion for Extension of Time to Answer -- The motion is granted on consent; the defendants Broadway Holdings, Inc., B4B3193, and B4B3193 Corporate Investors Services, LLC shall answer or otherwise respond to the third amended complaint by January 27, 2017. Ordered by Magistrate Judge James Orenstein on 1/13/2017. (Miao, Tiffany)
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| 66 |
Filed: 1/13/2017, Entered: 1/13/2017 |
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Letter MOTION for Extension of Time to File Answer re 64 Amended Complaint or otherwise respond by Broadway Holdings, Inc., B4B3193, B4B3193 Corporate Investors Services, LLC. (Lonergan, Lawrence)
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Request |
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Filed: 12/29/2016, Entered: 12/29/2016 |
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ORDER granting 65 Motion for Extension of Time to File Response/Reply -- The motion is granted on consent; the defendants 95DF85F and AC48F82 shall answer or otherwise respond to the third-amended complaint by January 13, 2017. Ordered by Magistrate Judge James Orenstein on 12/29/2016. (Miao, Tiffany)
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| 65 |
Filed: 12/29/2016, Entered: 12/29/2016 |
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Consent MOTION for Extension of Time to File Response/Reply in Response to Third Amended Complaint by 95DF85F, AC48F82. (Curley, John)
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Request |
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| 64 |
Filed: 12/21/2016, Entered: 12/21/2016 |
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AMENDED COMPLAINT against All Defendants, filed by China Power Equipment, Inc., An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Orr, James)
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Request |
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| 63 |
Filed: 12/8/2016, Entered: 12/8/2016 |
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SUMMONS Returned Executed by China Power Equipment, Inc.. 9C89AAE served on 11/18/2016, answer due 12/9/2016. (Orr, James)
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Request |
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| |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ORDER granting 62 Motion for Extension of Time to Answer -- The motion is granted; the defendant 9C89AAE shall answer or otherwise respond to the complaint by January 27, 2017. Ordered by Magistrate Judge James Orenstein on 12/7/2016. (Miao, Tiffany)
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| 62 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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MOTION for Extension of Time to File Answer to complaint to January 27, 2017 by 9C89AAE. (Trivigno, Leonardo)
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Request |
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| 61 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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|
NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE OF ALL CLAIMS AGAINST MAZARS CPA LIMITED. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, China Power Equipment, Inc., An Sen (Xi'an) Power Science and Technology Co., Ltd., and Concorde Equity II, LLC, Plaintiffs herein, file this Notice of Voluntary Dismissal With Prejudice of All Claims against Mazars CPA Limited. Party Mazars CPA Limited terminated. Ordered by Judge Kiyo A. Matsumoto on 11/15/2016. (Layne, Monique)
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Request |
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| |
Filed: 11/16/2016, Entered: 11/16/2016 |
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|
SCHEDULING ORDER: The schedule proposed by the parties is approved with respect to the proposed discovery deadlines set forth in the 11/14/16 Joint Status Report 59 . The parties shall continue to comply with the remaining discovery deadlines as set forth in Magistrate Judge Orenstein's 9/21/16 Scheduling Order 46 . If the parties wish to engage in motion practice, the parties shall follow chambers' practice regarding dispositive motions. The parties are advised to confer regarding any motions before seeking a pre-motion conference. Ordered by Judge Kiyo A. Matsumoto on 11/16/2016. (Newman, Alanna)
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| 60 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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NOTICE of Voluntary Dismissal by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC of all Claims against Mazars CPA Limited With Prejudice (Orr, James)
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Request |
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| 59 |
Filed: 11/14/2016, Entered: 11/14/2016 |
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STATUS REPORT Joint Status Report by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 58 |
Filed: 11/8/2016, Entered: 11/8/2016 |
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SECOND AMENDED Summons Issued as to 9C89AAE, Beijing Deheng Law Offices, Broadway Holdings, Inc., Howard Christensen and Associates, Limited, B4B3193, B4B3193 Corporate Investors Services, LLC, 06AF3C4 re 55 , 57 . (Layne, Monique)
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Request |
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| 57 |
Filed: 11/7/2016, Entered: 11/7/2016 |
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Proposed Summons. by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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Filed: 11/7/2016, Entered: 11/7/2016 |
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ORDER re 56 Status Report -- The application is granted; defendants 95DF85F, AC48F82, and Mazars are not required to answer or otherwise respond to the plaintiffs' seconded amended complaint; the parties shall submit a joint status report by November 14, 2016. Ordered by Magistrate Judge James Orenstein on 11/7/2016. (Miao, Tiffany)
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| 56 |
Filed: 11/4/2016, Entered: 11/4/2016 |
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STATUS REPORT by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 55 |
Filed: 11/4/2016, Entered: 11/4/2016 |
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AMENDED COMPLAINT against All Defendants, filed by China Power Equipment, Inc., An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Orr, James)
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Request |
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| 54 |
Filed: 10/26/2016, Entered: 10/26/2016 |
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NOTICE by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC of Intent to Serve Subpoenas (Orr, James)
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Request |
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Filed: 10/21/2016, Entered: 10/21/2016 |
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ORDER terminating 52 Motion for Protective Order; granting 53 Motion for Protective Order -- The protective order, docket entry 53 , is so ordered. Ordered by Magistrate Judge James Orenstein on 10/21/2016. (Miao, Tiffany)
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| Save 25% on a pre-paid one year subscription. |
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| 53 |
Filed: 10/21/2016, Entered: 10/21/2016 |
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Amended MOTION for Protective Order by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Attachments: # 1 Proposed Order Agreed Protective Order) (Orr, James)
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Request |
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| 52 |
Filed: 10/19/2016, Entered: 10/19/2016 |
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Letter MOTION for Protective Order by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Attachments: # 1 Proposed Order Agreed Protective Order) (Orr, James)
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Request |
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| 51 |
Filed: 10/3/2016, Entered: 10/3/2016 |
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NOTICE OF DISMISSAL OF ALL CLAIMS AGAINST DEHENG 32E4FAC or EFF6E3E, LLC, WITHOUT PREJUDICE, Plaintiffs China Power Equipment, Inc., An Sen (XI'AN) Power Science & Technology Co., Ltd., and Concorde Equity II, LLC, hereby voluntarilydismiss Deheng 32E4FAC or EFF6E3E, LLC, without prejudice, as a defendant to this action. (Deft. previously dismissed). Ordered by Judge Kiyo A. Matsumoto on 9/29/2016. (Layne, Monique)
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Request |
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| 50 |
Filed: 9/29/2016, Entered: 9/29/2016 |
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NOTICE of Voluntary Dismissal by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC of All Claims against Deheng 32E4FAC or EFF6E3E, LLC Without Prejudice (Orr, James)
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Request |
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| 49 |
Filed: 9/27/2016, Entered: 9/27/2016 |
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NOTICE OF DISMISSAL OF ALL CLAIMS AGAINST 1B529F3 WITH PREJUDICE, Pursuant to Rule 41 of the Federal Rules of Civil Procedure Plaintiffs herein file this Notice of Dismissal of All Claims Against 1B529F3 With Prejudice. Party 1B529F3 terminated. Ordered by Judge Kiyo A. Matsumoto on 9/26/2016. (Layne, Monique)
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Request |
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| 48 |
Filed: 9/26/2016, Entered: 9/26/2016 |
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NOTICE of Voluntary Dismissal by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC of All Claims against 1B529F3 With Prejudice (Orr, James)
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Request |
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Filed: 9/23/2016, Entered: 9/23/2016 |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 9/23/2016. Appearances: James Orr for plaintiffs; Dean Cho for Deheng 32E4FAC or EFF6E3E, LLC; John Curley for 95DF85F and AC48F82; John Conlon for Mazars CPA Limited. Summary: (1) the parties provided an update regarding the 9/21/2016 initial conference before Magistrate Judge Orenstein. The court advised the parties to comply with Judge Orenstein's discovery orders as expeditiously as possible; (2) plaintiffs agreed to dismiss defendant Deheng EFF6E3E or 32E4FAC, LLC without prejudice; (3) the court granted plaintiffs leave to file a second amended complaint by November 7, 2016; (4) the parties shall file a joint status letter indicating how they intend to proceed by November 14, 2016. The joint letter should propose a mutually agreeable briefing schedule if any defendants intend to move to dismiss the second amended complaint. (McNulty, John)
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| 47 |
Filed: 9/22/2016, Entered: 9/22/2016 |
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DECLARATION of Robert E. Fitzgerald by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 46 |
Filed: 9/21/2016, Entered: 9/21/2016 |
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SCHEDULING ORDER: First request for production of documents and first request for interrogatories due by: September 21, 2016. Deadline for all Rule 26(a)(1) disclosures: October 5, 2016. Deadline for joinder of additional parties and amendment of pleadings: January 16, 2017. Status Conference (with joint status report due two business days in advance): May 10, 2017, at 9:30 a.m. Fact discovery to be completed by: June 30, 2017. Plaintiffs' expert reports to be completed by: July 31, 2017. Defendants' expert reports to be completed by: October 31, 2017. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: October 31, 2017. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): November 15, 2017, at 9:30 a.m. Dispositive motion process started by: November 29, 2017. Joint pretrial order due by: December 27, 2017. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/21/2016. (Orenstein, James)
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Request |
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| 45 |
Filed: 9/21/2016, Entered: 9/21/2016 |
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Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 9/21/2016. SCHEDULING: (1) The next status conference will be held on May 10, 2017, at 9:30 a.m. (2) A pretrial conference will be held on November 15, 2017, at 9:30 a.m. SUMMARY: As set forth on the record, discovery will proceed, notwithstanding the filing of dismissal motions, but without prejudice to the right of any party to move for a protective order as to any specific discovery request. I will enter a case management and scheduling order that reflects the plaintiffs' proposed deadlines as set forth in the appearing parties' joint submission regarding the discovery schedule. (Orenstein, James)
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Request |
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| 44 |
Filed: 9/20/2016, Entered: 9/20/2016 |
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Letter Responding to Plaintiffs' September 13 and 19 Letters (ECF Nos. 41 and 43) by 95DF85F, AC48F82 (Curley, John)
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Request |
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Filed: 9/20/2016, Entered: 9/20/2016 |
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ORDER: Plaintiffs allege in their complaint that this court has jurisdiction pursuant to 28 U.S.C. § 1332 because the citizenship of all plaintiffs is diverse from the citizenship of all defendants. With respect to plaintiff Concorde Equity II, LLC (Concorde Equity), plaintiffs allege that Concorde Equity is a Delaware LLC with a principal place of business in Texas. (ECF No. 1, Complaint at 3.) Plaintiffs have not adequately pled Concorde Equity's citizenship because they have not fully disclosed the citizenship of each partner or member of Concorde Equity. See Carden v. ArKoma & Assoc., 494 U.S. 185, 194-96 (1990); Aurora Loan Servs. LLC v. Sadek, 809 F. Supp. 2d 235, 239 (S.D.N.Y. 2011) ("[a]n LLC is a citizen of each state of which its members are citizens") (citing Handelsman v. Bedford Vill. Assoc. Ltd. P'ship, 213 F.3d 48, 52 (2d Cir. 2000)). Before deciding any case, the court is required to assure itself that the case is properly within its subject matter jurisdiction. See Wynn v. AC Rochester, 273 F.3d 153, 157 (2d Cir. 2001) (per curiam) (citing Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541 (1986)); see Henderson ex rel. Henderson v. Shinseki, 562 U.S. 428, 434 (2011) ("subject-matter jurisdiction... may be raised at any time"). Accordingly, plaintiffs are ORDERED to file a sworn declaration disclosing all partners or members of Concorde Equity II, LLC, and the citizenship of those partners or members, by September 22, 2016. Ordered by Judge Kiyo A. Matsumoto on 9/20/2016. (McNulty, John)
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| 43 |
Filed: 9/19/2016, Entered: 9/19/2016 |
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Letter in Response to Defendant Mazars' Letter Submission Filed September 19, 2016 (Dkt.42) by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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| 42 |
Filed: 9/19/2016, Entered: 9/19/2016 |
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Letter in Response to Plaintiffs' Letter Submission Filed September 13, 2016 (Dkt.40) by Mazars CPA Limited (Korschun, Charles)
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Request |
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| 41 |
Filed: 9/13/2016, Entered: 9/13/2016 |
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RESPONSE to Motion re 36 Letter MOTION for pre motion conference for leave to file motion to dismiss and for an order staying discovery filed by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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Filed: 9/13/2016, Entered: 9/13/2016 |
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ORDER granting 34 and 36 Motions for Pre Motion Conference. The parties shall appear for a pre-motion conference to discuss defendants' proposed motions to dismiss and stay discovery on Friday, September 23, 2016 at 2:00 PM. Counsel for defendant Mazars CPA is requested to initiate the call and phone into chambers (718-613-2180) when all parties are on the line. The deadline for plaintiffs to respond to defendants' pre-motion conference letters is 9/19/2016. Ordered by Judge Kiyo A. Matsumoto on 9/13/2016. (McNulty, John)
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| 40 |
Filed: 9/13/2016, Entered: 9/13/2016 |
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RESPONSE to Motion re 34 Letter MOTION for Leave to File a Motion to Dismiss and Request for Stay of Discovery filed by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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Filed: 9/13/2016, Entered: 9/13/2016 |
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SCHEDULING ORDER: The initial discovery planning conference previously scheduled for September 13, 2016 is rescheduled for September 21, 2016 at 3:30 p.m. Ordered by Magistrate Judge James Orenstein on 9/13/2016. (Howley, Thomas)
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| 39 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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Letter of Availability for Conferences by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC (Orr, James)
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Request |
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Filed: 9/12/2016, Entered: 9/12/2016 |
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ORDER -- The initial discovery planning conference previously scheduled for September 13, 2016 is adjourned without date. Ordered by Magistrate Judge James Orenstein on 9/12/2016. (Howley, Thomas)
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Filed: 9/12/2016, Entered: 9/12/2016 |
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ORDER denying 38 Motion to Appear by Telephone -- The untimely motion is denied. The plaintiffs' counsel cannot litigate this case without appearing in this district. I am willing to mitigate the burdens on counsel by re-scheduling the initial discovery planning conference to take place on the same date as the pre-motion conference that was recently requested (see docket entry 36 ), but the initial discovery planning conference is an important part of the case that involves a substantive discussion of all pertinent issues of fact and law, and cannot easily be conducted with an attorney appearing by phone in any but the most routine dispute. I remind counsel that all requests for scheduling relief must be filed at least two full business days before a scheduled appearance or deadline; in the future, I will enforce that rule and ignore any untimely requests. Ordered by Magistrate Judge James Orenstein on 9/12/2016. (Howley, Thomas)
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| 38 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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Motion to Appear by Telephone by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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| 37 |
Filed: 9/9/2016, Entered: 9/9/2016 |
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Proposed Scheduling Order Joint Proposed Discovery Plan by Deheng 32E4FAC or EFF6E3E, LLC, Mazars CPA Limited, 95DF85F, AC48F82 (Korschun, Charles)
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Request |
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| 36 |
Filed: 9/9/2016, Entered: 9/9/2016 |
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Letter MOTION for pre motion conference for leave to file motion to dismiss and for an order staying discovery by 95DF85F, AC48F82. (Curley, John)
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Request |
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Filed: 9/9/2016, Entered: 9/9/2016 |
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ORDER re 35 Status Report -- All of the appearing parties shall comply with my previous order directing them to meet and confer and then submit a jointly proposed discovery plan. That means the parties must meet, all of them, at the same time, and in the same place. Their conference must produce a joint proposal, although to the extent they disagree about specific deadlines, their joint submission may include competing proposals for such deadlines. The fact that a party anticipates seeking a stay of some or all discovery does not relieve that party of the obligation to participate in planning for a discovery schedule that may proceed over that party's objection. Ordered by Magistrate Judge James Orenstein on 9/9/2016. (Howley, Thomas)
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| 35 |
Filed: 9/8/2016, Entered: 9/8/2016 |
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STATUS REPORT Joint Status Report by 95DF85F, AC48F82 (Curley, John)
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Request |
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| 34 |
Filed: 9/8/2016, Entered: 9/8/2016 |
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Letter MOTION for Leave to File a Motion to Dismiss and Request for Stay of Discovery by Mazars CPA Limited. (Korschun, Charles)
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Request |
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| 33 |
Filed: 9/8/2016, Entered: 9/8/2016 |
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NOTICE of Appearance by Joshua L. Blosveren on behalf of 95DF85F, AC48F82 (aty to be noticed) (Blosveren, Joshua)
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Request |
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| 32 |
Filed: 9/8/2016, Entered: 9/8/2016 |
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NOTICE of Appearance by John Patrick Curley on behalf of 95DF85F, AC48F82 (aty to be noticed) (Curley, John)
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Request |
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Filed: 9/6/2016, Entered: 9/6/2016 |
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ORDER re 31 Response to Discovery filed by Deheng 32E4FAC or EFF6E3E, LLC -- Counsel is reminded that pursuant to Federal Rule of Civil Procedure 5(d), discovery requests and materials produced in pretrial disclosure and discovery shall not be filed with the clerk's office except by order of the court. Fed. R. Civ. P. 5(d)(1) ("[D]isclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission."). Ordered by Magistrate Judge James Orenstein on 9/6/2016. (Howley, Thomas)
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| 31 |
Filed: 9/6/2016, Entered: 9/6/2016 |
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RESPONSE to Discovery Request from China Power Equipment, Inc. by Deheng 32E4FAC or EFF6E3E, LLC. (Cho, Dean)
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Request |
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Filed: 9/2/2016, Entered: 9/2/2016 |
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ORDER granting 30 Motion to Continue -- The motion is granted. The plaintiffs shall serve defendants 7D64027, Xi-an Amorphous Alloy Zhongxi Transformer Co., Ltd., F5856CF, EFF6E3E, Sui 651206B, 32E4FAC, 2C1DE50, and 0108CB9 by March 2, 2017. Ordered by Magistrate Judge James Orenstein on 9/2/2016. (Howley, Thomas)
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| 30 |
Filed: 9/2/2016, Entered: 9/2/2016 |
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MOTION to Continue Time for Service of Summons in a Foreign Country by An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Orr, James)
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Request |
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Filed: 8/31/2016, Entered: 8/31/2016 |
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ORDER granting 28 Motion to Withdraw as Attorney. See docket entry 29 . Attorney Laura G. Kennedy terminated. Ordered by Magistrate Judge James Orenstein on 8/31/2016. (Orenstein, James)
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| 29 |
Filed: 8/31/2016, Entered: 8/31/2016 |
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Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 8/31/2016. SCHEDULING: An initial discovery conference will be held on September 13, 2016, at 3:30 p.m. SUMMARY: After hearing further information about the circumstances surrounding counsel's motion to withdraw, and upon the client's consent, I granted the motion. The client understands that the corporate defendant CVB cannot appear without counsel, and that the withdrawal of its current counsel of record will likely result in the entry of CVB's default. (Orenstein, James)
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Request |
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Filed: 8/22/2016, Entered: 8/22/2016 |
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SCHEDULING ORDER: re 28 MOTION to Withdraw as Attorney -- The movant's assertion that "no prejudice will result to the parties due to Counsel's withdrawal" is necessarily incorrect, as counsel's withdrawal, combined with the corporate defendant's inability to appear pro se, would cause defendant Child, Van Wagoner & Bradshaw, PPLC ("CVB") to default. Moreover, it is less than two months since the movant sought to be admitted pro hac vice and appeared in court on CVB's behalf, and yet the movant does not explain why the stated basis for withdrawal was not apparent earlier. I therefore direct the movant, together with a principal of CVB, to appear before me on August 31, 2016 at 11:30 a.m. to discuss the motion for leave to withdraw. Ordered by Magistrate Judge James Orenstein on 8/22/2016. (Howley, Thomas)
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| 28 |
Filed: 8/22/2016, Entered: 8/22/2016 |
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MOTION to Withdraw as Attorney by Child, Van Wagoner & Bradshaw, PPLC. (Attachments: # 1 Affidavit of Laura G. Kennedy) (Kennedy, Laura)
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Request |
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| 27 |
Filed: 8/9/2016, Entered: 8/9/2016 |
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SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, September 13, 2016, at 3:30 p.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than September 9, 2016, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/9/2016. (Guy, Alicia)
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Request |
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Filed: 8/8/2016, Entered: 8/8/2016 |
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 8/8/2016. Appearances: James Orr for plaintiffs; Dean Cho for defendant Deheng 32E4FAC or EFF6E3E, LLC; John Curley for 95DF85F; Laura Kennedy for Child, Van Wagoner & Bradshaw, PPLC; Charles Korschun for Mazars CPA Limited. The parties shall meet and confer regarding the Amended Complaint, potential motions practice, and discovery and file a joint status letter by September 8, 2016. The parties were directed to coordinate any discovery schedule with Magistrate Judge Orenstein. (McNulty, John)
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| 26 |
Filed: 8/5/2016, Entered: 8/5/2016 |
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NOTICE of Appearance by Joshua L. Blosveren on behalf of 95DF85F (aty to be noticed) (Blosveren, Joshua)
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Request |
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| 25 |
Filed: 8/5/2016, Entered: 8/5/2016 |
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NOTICE of Appearance by John Patrick Curley on behalf of 95DF85F (aty to be noticed) (Curley, John)
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Request |
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| 24 |
Filed: 8/3/2016, Entered: 8/3/2016 |
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RESPONSE to Motion re 14 First MOTION for pre motion conference re 1 Complaint, Re: motion to dismiss filed by All Plaintiffs. (Orr, James)
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Request |
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| 23 |
Filed: 8/3/2016, Entered: 8/3/2016 |
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AMENDED COMPLAINT against All Defendants, filed by China Power Equipment, Inc., An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Orr, James)
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Request |
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| 22 |
Filed: 8/1/2016, Entered: 8/1/2016 |
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SUMMONS Returned Executed by China Power Equipment, Inc.. AC48F82 served on 6/30/2016, answer due 7/21/2016. (Orr, James)
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Request |
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| 21 |
Filed: 8/1/2016, Entered: 8/1/2016 |
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SUMMONS Returned Executed by China Power Equipment, Inc.. Christensen served on 6/29/2016, answer due 7/20/2016. (Orr, James)
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Request |
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| 20 |
Filed: 8/1/2016, Entered: 8/1/2016 |
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SUMMONS Returned Executed by China Power Equipment, Inc.. 1B529F3 served on 6/11/2016, answer due 7/4/2016. (Orr, James)
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Request |
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Filed: 7/29/2016, Entered: 7/29/2016 |
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ORDER granting 14 Motion for Pre-Motion Conference. The parties shall appear by telephone for a pre-motion conference to discuss defendant DeHeng 32E4FAC or EFF6E3E LLC's proposed motion to dismiss on Monday, August 8, 2016 at 3:00 PM. Counsel for DeHeng 32E4FAC or EFF6E3E LLC is requested to initiate the call and phone into chambers (718-613-2180) when counsel for plaintiff and defendant are on the line. The deadline for plaintiff to file a response to DeHeng EFF6E3E or 32E4FAC LLC's pre-motion conference letter is Wednesday, August 3, 2016. Ordered by Judge Kiyo A. Matsumoto on 7/29/2016. (McNulty, John)
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| 19 |
Filed: 7/18/2016, Entered: 7/18/2016 |
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NOTICE of Appearance by Dean T. Cho on behalf of Deheng 32E4FAC or EFF6E3E, LLC (notification declined or already on case) (Cho, Dean)
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Request |
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Filed: 7/18/2016, Entered: 7/18/2016 |
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ORDER re 18 Stipulation filed by Mazars CPA Limited -- The stipulation, docket entry 18 , is so ordered. Further, no later than August 18, 2016, one of the following events must occur: (a) the plaintiffs must file an amended complaint, (b) defendant Mazars must file an answer to the original complaint, or (c) the plaintiff must file a notice of dismissal as to defendant Mazars. Ordered by Magistrate Judge James Orenstein on 7/18/2016. (Howley, Thomas)
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| 18 |
Filed: 7/15/2016, Entered: 7/15/2016 |
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STIPULATION re 1 Complaint, Joint Stipulation Re: Defendant Mazars CPA Limited's Response to the Complaint by Mazars CPA Limited (Korschun, Charles)
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Request |
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| 17 |
Filed: 7/15/2016, Entered: 7/15/2016 |
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NOTICE of Appearance by Charles Salem Korschun on behalf of Mazars CPA Limited (aty to be noticed) (Korschun, Charles)
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Request |
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| 16 |
Filed: 7/15/2016, Entered: 7/15/2016 |
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NOTICE of Appearance by John Matthew Conlon on behalf of Mazars CPA Limited (aty to be noticed) (Conlon, John)
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Request |
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| 15 |
Filed: 7/15/2016, Entered: 7/15/2016 |
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NOTICE of Appearance by Richard A Spehr on behalf of Mazars CPA Limited (aty to be noticed) (Spehr, Richard)
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Request |
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| 14 |
Filed: 7/13/2016, Entered: 7/13/2016 |
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First MOTION for pre motion conference re 1 Complaint, Re: motion to dismiss by Deheng EFF6E3E or 32E4FAC, LLC. (Cho, Dean)
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Request |
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| 13 |
Filed: 7/11/2016, Entered: 7/11/2016 |
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SUMMONS Returned Executed by China Power Equipment, Inc., An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC. Child, Van Wagoner & Bradshaw, PPLC served on 6/13/2016, answer due 7/4/2016. (Orr, James)
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Request |
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| 12 |
Filed: 7/11/2016, Entered: 7/11/2016 |
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SUMMONS Returned Executed by China Power Equipment, Inc., An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC. 95DF85F served on 6/22/2016, answer due 7/13/2016. (Orr, James)
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Request |
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| 11 |
Filed: 7/11/2016, Entered: 7/11/2016 |
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SUMMONS Returned Executed by China Power Equipment, Inc., An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC. Mazars CPA Limited served on 6/15/2016, answer due 7/6/2016. (Orr, James)
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Request |
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| 10 |
Filed: 7/7/2016, Entered: 7/7/2016 |
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NOTICE of Appearance by Laura G. Kennedy on behalf of Child, Van Wagoner & Bradshaw, PPLC (notification declined or already on case) (Kennedy, Laura)
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Request |
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Filed: 7/6/2016, Entered: 7/6/2016 |
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ORDER re 7 Stipulation filed by Child, Van Wagoner & Bradshaw, PPLC -- The stipulation, docket entry 7 , is so ordered; defendant CVB need not file a response to the original complaint and shall serve its response to the amended complaint by 21 days after it is served. Ordered by Magistrate Judge James Orenstein on 7/6/2016. (Howley, Thomas)
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| 9 |
Filed: 7/6/2016, Entered: 7/6/2016 |
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ORDER granting 6 Motion for Leave to Appear Pro Hac Vice -- Attorney Laura G. Kennedy, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By July 13, 2016, Ms. Kennedy shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Kennedy shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Kennedy shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 7/6/2016. (Howley, Thomas)
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Request |
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| 8 |
Filed: 7/6/2016, Entered: 7/6/2016 |
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NOTICE of Appearance by James Craig Orr, Jr on behalf of China Power Equipment, Inc. (notification declined or already on case) (Orr, James)
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Request |
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| 7 |
Filed: 7/1/2016, Entered: 7/1/2016 |
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STIPULATION re 1 Complaint, by Child, Van Wagoner & Bradshaw, PPLC (Kennedy, Laura)
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Request |
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| 6 |
Filed: 6/29/2016, Entered: 6/29/2016 |
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MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8723422. by Child, Van Wagoner & Bradshaw, PPLC. (Attachments: # 1 Proposed Order, # 2 Affidavit in Support, # 3 Certificate of Good Standing) (Kennedy, Laura)
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Request |
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| 5 |
Filed: 6/28/2016, Entered: 6/28/2016 |
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ORDER granting 4 Motion for Leave to Appear Pro Hac Vice -- Attorney James Craig Orr, Jr., Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By July 5, 2016, Mr. Orr shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Orr shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Orr shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 6/28/2016. (Howley, Thomas)
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Request |
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| 3 |
Filed: 6/8/2016, Entered: 6/8/2016 |
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In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
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Request |
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| 4 |
Filed: 6/7/2016, Entered: 6/27/2016 |
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MOTION For Admission of attorney James Craig Orr, Jr. Leave to Appear Pro Hac Vice In the Above Action o/b/o An Sen (Xi'An) Power Science & Technology Co., Ltd., China Power Equipment, Inc., Concorde Equity II, LLC. (Attachments: # 1 Proposed Order, # 2 Filing Fee Paid). (Layne, Monique) (Additional attachment(s) added on 6/27/2016: # 3 Affidavit In Support-w/Cert. In Good Standing) (Layne, Monique).
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Request |
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Filed: 6/7/2016, Entered: 6/8/2016 |
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FILING FEE: $ 400, receipt number 4653102646 (Davis, Kimberly)
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| 2 |
Filed: 6/7/2016, Entered: 6/8/2016 |
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Summons Issued as to All Defendants. (Davis, Kimberly)
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Request |
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| 1 |
Filed: 6/7/2016, Entered: 6/8/2016 |
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COMPLAINT against EFF6E3EFACC, Child, Van Wagoner & Bradshaw, PPLC, China Power Equipment, Inc., Christensen, Deheng 32E4FAC or EFF6E3E, LLC, F5856CF, 651206B, 0108CB9, Mazars CPA Limited, 1B529F3, 95DF85F, 7D64027, Xi'An Amorphous Alloy Zhongxi Transformer Co., Ltd., 2C1DE50, AC48F82, filed by An Sen (Xi'An) Power Science & Technology Co., Ltd., Concorde Equity II, LLC. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly)
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