Su v. Sotheby's Inc.

Filing 286

OPINION AND ORDER: IT IS HEREBY ORDERED that the parties are ordered to brief the following issues: (1) Who has the right to possess the Vessel? In briefing this issue, the parties are reminded that it is the law of the case that Su is not a bona f ide purchaser of the Vessel and that Yeh owns a 50% interest in the Vessel. See Opinion, Dkt. 278 at 41. (2) Should the Court order the Vessel to be sold and divide the net proceeds of the sale between the parties? See id. Yeh's opening brief is due on February 17, 2023, and Su and Wang's response is due on April 21, 2023. Yeh's reply is due on May 12, 2023, and any sur-reply from Su and Wang is due on May 26, 2023. Per Rule 4(B) of the Undersigned's Individual P ractices, Yeh's opening brief and Su and Wang's opposition brief must not exceed twenty-five pages, and the briefs must be double-spaced. Yeh's reply, and any sur-reply from Su and Wang, must not exceed ten pages. IT IS FURTHER ORDE RED that Sotheby's fees motion remains stayed pending resolution of the above issues. Mot., Dkt. 122. SO ORDERED. ( Brief due by 2/17/2023., Reply to Response to Brief due by 5/12/2023., Responses to Brief due by 4/21/2023, Surreplies due by 5/26/2023.) (Signed by Judge Valerie E. Caproni on 12/2/2022) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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WEI SU and HAI JUAN WANG,
:
:
Plaintiffs,
:
:
-against:
:
SOTHEBY’S, INC.,
:
:
Defendant.
:
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SOTHEBY’S, INC.,
:
:
Counter-Claimant,
:
:
-against:
:
WEI SU, HAI JUAN WANG, and YEH YAO HWANG
:
:
Counterclaim-Defendants.
:
:
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YEH YAO HWANG,
:
:
Cross-Claimant,
:
:
-against:
:
WEI SU and HAI JUAN WANG,
:
:
Cross-Defendants.
:
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WEI SU and HAI JUAN WANG,
:
:
Cross-Claimants,
:
:
-against:
:
YEH YAO HWANG,
:
:
Cross-Defendant.
:
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VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 12/02/2022

17-CV-4577 (VEC)
OPINION & ORDER

WHEREAS the parties appeared before the Undersigned for a status conference on
December 2, 2022.
IT IS HEREBY ORDERED that the parties are ordered to brief the following issues:
(1) Who has the right to possess the Vessel? In briefing this issue, the parties are
reminded that it is the law of the case that Su is not a bona fide purchaser of the
Vessel and that Yeh owns a 50% interest in the Vessel. See Opinion, Dkt. 278 at 41.
(2) Should the Court order the Vessel to be sold and divide the net proceeds of the sale
between the parties? See id.
Yeh’s opening brief is due on February 17, 2023, and Su and Wang’s response is due on
April 21, 2023. Yeh’s reply is due on May 12, 2023, and any sur-reply from Su and Wang is
due on May 26, 2023. Per Rule 4(B) of the Undersigned’s Individual Practices, Yeh’s opening
brief and Su and Wang’s opposition brief must not exceed twenty-five pages, and the briefs must
be double-spaced. Yeh’s reply, and any sur-reply from Su and Wang, must not exceed ten pages.
IT IS FURTHER ORDERED that Sotheby’s fees motion remains stayed pending
resolution of the above issues. Mot., Dkt. 122.

SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge

Date: December 2, 2022
New York, New York

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