Something I would like to bring back for discussio I addressed this letter to the judge some time ago, in fact last month when it was posted on pacer.
I went back to it today to see if there were any changes since I last checked, found there were none and I look forward to a hearing scheduled for the middle of this month, however I noticed something that I had missed on first reading....here is the paragraph....
Defendants' letter mischaracterizes Plaintiffs' efforts with respect to -the prosecution of the claims against Ming Zhao: while service on Zhao in China may have occurred in October 2012, the document Plaintiffs received attesting to service is dated in January 2013. Dkt. No.
138. The Supreme People's Court did not return the proof of service to counsel for plaintiffs until January 2013. United States counsel for Zhao first contacted Plaintiffs' counsel regarding service just three weeks ago. Counsel has had experience with delays inherent in the service of defendants in China and their retention of U.S. counsel. It does not follow that such a delay is either indefinite or leads to the party not participating in the action.
See Ho v. Duoyuan Global Water, Inc., No. 1O-cv-7233 (S.D.N.Y.).
Case 1:12-cv-01316-KBF Document 13 Filed 03/08/13 Page 1 of 2
I missed this.......From this we can clearly see that Zhao's legal counsel has been in touch with the Plaintiffs attorneys....
I have suspected that there has been contact, but never has it been official or even mentioned, and this contact occurred sometime in early February. We don't know what it was in regard to and it's difficult for me to even take a guess, but I thought I would report it.
This letter refers to a attempt to stall the proceedings in order to amend the complaint so that it includes Citic. The judge would have none of it as it would have set the proceeding back for at least a year. Defendants have a right to a speedy trial and this matter should have been brought as a separate case, being this far into the proceedings where the motion to dismiss hearing had been scheduled.