King et al v. Wang et al

Filing 65

OPINION & ORDER re: 61 LETTER MOTION to Reopen addressed to Judge John F. Keenan from Sam P. Israel dated 10/27/2017 filed by Yien-Koo King, Soon Huat, Inc., Northwich Investments, Ltd.; 54 MOTION for Reargument re : Notice to Attorney to Re-File Document - Deficient Docket Entry Error, filed by Yien-Koo King, Soon Huat, Inc., Northwich Investments, Ltd. For the foregoing reasons, the Court grants Plaintiffs' motion for reconsideration on the issue of Y.K. King's standing to bring claims on behalf of the Estate. The Court finds that Y.K. King has standing to pursue claims on behalf of the Estate, and that the RICO claims brought on behalf of the Estate are timely. The Cour t also holds that it has jurisdiction over Plaintiffs' state law claims brought by Y.K. King on behalf of the Estate for conversion, common law fraud and conspiracy to defraud, and breaches of fiduciary duty and aiding and abetting breaches of fiduciary duties. However, the Court dismisses all state law claims brought by Northwich and Soon Huat as time-barred, and dismisses Plaintiffs' claims for replevin, constructive trust, and violations of New York Debtor and Creditor Law
67; 270 as falling under the probate exception to federal jurisdiction. Defendants shall file an answer to Plaintiffs' remaining claims by April 27, 2018. The Clerk of Court is respectfully requested to terminate the motions docketed at ECF Nos. 54 and 61. SO ORDERED.