Kuo et al v. R.O.C. Taiwan et al
| New York Southern District Court | |
| Judge: | J Paul Oetken |
| Case #: | 1:17-cv-10156 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1605 Foreign Sovereign Immunities Act of 1976 |
| Case Filed: | Dec 28, 2017 |
| Terminated: | Jan 22, 2019 |
| Last checked: Tuesday Jun 26, 2018 4:40 AM EDT |
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Defendant
Its Ministry of National Defense
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Defendant
R.O.C. Taiwan
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Defendant
Government of Taiwan
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Defendant
Ministry of National Defense of Taiwan
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Plaintiff
Sheafen Kuo
40 Croft Place
Staten Island, NY 10314 |
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Plaintiff
Tina Kuo
40 Croft Place
Staten Island, NY 10314 |
| Docket last updated: 04/28/2024 11:59 PM EDT |
| Wednesday, February 26, 2020 | ||
| 25 | 25
appeal
USCA Mandate
Wed 02/26 2:32 PM
MANDATE of USCA (Certified Copy) as to24 Notice of Appeal, filed by Tina Kuo, Sheafen Kuo. USCA Case Number 19-0587 cv. UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and hereby is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/26/2020..(nd) |
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appeal
Transmission of USCA Mandate/Order to District Judge
Wed 02/26 2:32 PM
Transmission of USCA Mandate to the District Judge re:25 USCA Mandate..(nd) |
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| Friday, March 08, 2019 | ||
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 03/08 9:05 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:24 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Fri 03/08 9:06 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for24 Notice of Appeal, filed by Tina Kuo, Sheafen Kuo were transmitted to the U.S. Court of Appeals. (tp) |
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| Thursday, March 07, 2019 | ||
| 24 | 24
appeal
Notice of Appeal
Fri 03/08 9:05 AM
NOTICE OF APPEAL from19 Memorandum & Opinion,20 Clerk's Judgment. Document filed by Sheafen Kuo, Tina Kuo. Filing fee $ 505.00, receipt number 465401230425. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
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| Friday, February 08, 2019 | ||
| 23 | 23
2
pgs
order
Order on Motion for Extension of Time to File
Fri 02/08 5:18 PM
ORDER: granting22 Motion for Extension of Time to File. Here, Plaintiffs sought the extension within the 30-day window prescribed by Rule 4(a)(1)(A), and have asked to have until March 9, 2019 to file their notice of appeal. (Dkt. No. 22.) Such an extension of the deadline for a notice of appeal-to 29 days after the time prescribed by Rule 4(a)(1) expires-is permitted under Rule 4(a)(5)(A). The Court hereby GRANTS the request for an extension. Plaintiffs shall have until March 9, 2019 to file their notice of appeal in this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/08/2019) Copies Mailed By Chambers. (ama) |
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| Wednesday, February 06, 2019 | ||
| 22 | 22
motion
Extension of Time to File Document
Thu 02/07 2:11 PM
MOTION for Extension of Time to File Notice of Appeal. Document filed by Sheafen Kuo, Tina Kuo. (tp) |
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| Tuesday, January 22, 2019 | ||
| 21 | 21
1
pgs
order
Order
Tue 01/22 12:23 PM
ORDER: The Court's Opinion and Order of January 4, 2019, dismissed all of Plaintiffs' claims in this case for a lack of subject matter jurisdiction. (Dkt. No. 19.) Accordingly, the Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/22/2019) Copies Mailed By Chambers. (ama) |
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| Thursday, January 10, 2019 | ||
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misc
Mail Order by Certified Mail
Thu 01/10 3:16 PM
Mailed a copy of20 Clerk's Judgment,19 Memorandum & Opinion, to Sheafen Kuo40 Croft PlaceStaten Island, NY 10314 ; Tina Kuo 40 Croft PlaceStaten Island, NY 10314 (aea) with Right to Appeal Forms Attached. Modified on 1/10/2019 (aea) |
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| Wednesday, January 09, 2019 | ||
| 20 | 20
order
Judgment - Clerk
Wed 01/09 12:48 PM
CLERK'S JUDGMENT re:19 Memorandum & Opinion. in favor of Government of Taiwan, Its Ministry of National Defense, Ministry of National Defense of Taiwan, R.O.C. Taiwan against Sheafen Kuo, Tina Kuo. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 4, 2018, Plaintiffs' claims against the Government of Taiwan and the Ministry of National Defense of Taiwan are dismissed under Rule 12(h)(3) for lack of subject matter jurisdiction. (Signed by Clerk of Court Ruby Krajick on 01/09/2018)(dt) |
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Att: 1
Notice of Right to Appeal
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| Monday, January 07, 2019 | ||
| 19 | 19
7
pgs
order
Memorandum & Opinion
Mon 01/07 5:10 PM
OPINION AND ORDER: For the foregoing reasons, Plaintiffs' claims against the Government of Taiwan and the Ministry of National Defense of Taiwan are DISMISSED under Rule 12(h)(3) for lack of subject matter jurisdiction.The Clerk of Clerk is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/04/2019) Copies Mailed By Chambers. (ama) |
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misc
Transmission to Orders and Judgments Clerk
Mon 01/07 5:10 PM
Transmission to Orders and Judgments Clerk. Transmitted re:19 Memorandum & Opinion,, to the Orders and Judgments Clerk. (ama) |
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| Thursday, December 13, 2018 | ||
| 18 | 18
notice
Notice (Other)
Mon 12/17 4:07 PM
(Notice) REQUEST FOR SERVICE THROUGH DIPLOMATIC CHANNELS. Document filed by Sheafen Kuo, Tina Kuo. (sc) |
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| Monday, October 29, 2018 | ||
| 17 | 17
service
Clerk Certificate of Mailing
Mon 10/29 12:21 PM
CLERK CERTIFICATE OF MAILING of one copy of the Complaint, Summons, and Notice of Suit, Affidavit of Translator along with translation mailed to Tsai Ing-Wen, President c/o Jaushieh Joseph Wu, Minister, Ministry of Foreign Affairs R.O.C. Taiwan 2 Ketagalan Blvd, Zhong-Zheng Dist., Taipei City, Taiwan 10048 on 10/26/2018 by Federal Express tracking # 8736 6122 3826, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. § 1608(a)(3). (smc) |
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| 16 | 16
service
Clerk Certificate of Mailing
Mon 10/29 12:16 PM
CLERK CERTIFICATE OF MAILING of one copy of the Complaint, Summons, and Notice of Suit, Affidavit of Translator along with translation mailed to Yan De-Fa, Minister c/o Jaushieh Joseph Wu, Minister, Ministry of Foreign Affairs R.O.C. Taiwan 2 Ketagalan Blvd, Zhong-Zheng Dist., Taipei City, Taiwan 10048 on 10/26/2018 by Federal Express tracking # 7735 6931 1875, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. § 1608(a)(3). (smc) |
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| Tuesday, October 23, 2018 | ||
| 15 | 15
misc
Letter
Wed 10/24 8:48 AM
LETTER addressed to Judge J. Paul Oetken from S. Kuo and T. Kuo, dated 10/23/18 re: (LETTER REQUEST) - Plaintiffs request service of one(1) copy of Complaint, Summons, and Notice of Suit, Affidavit of Translator, along with Chinese translation in one(1) envelope for each defendant(as indicated). Document filed by Sheafen Kuo, Tina Kuo.(sc) |
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| Monday, October 15, 2018 | ||
| 14 | 14
6
pgs
order
Order
Mon 10/15 1:32 PM
ORDER: Plaintiffs Sheafen Kuo and Tina Kuo bring this action against the Government of Taiwan and its Ministry of National Defense for damages arising out of Defendants allegedly unlawful seizure of Plaintiffs family home. (Dkt. No. 1.) Plaintiffs have attempted service of the Summons and Complaint by mail on the Defendants directly (Dkt. No. 3) and to the Ministry of Foreign Affairs (Dkt. No. 4), but these attempts at service have been unsuccessful and further set forth in this Order. The Clerk's Office has issued instructions on how to effect service under § 1608(a)(3).Clerk's Office Foreign Mailing Instructions, http://www.nysd.uscourts.gov/file/forms/foreignmailing-instructions. The Court has attached the relevant excerpts from the instructions to thisorder. The instructions direct plaintiffs to provide certain information and documents to theClerk of Court, and to choose a method of service (U.S. Postal Service or UPS/DHL) and followthe requirements of that method. Once those steps are completed properly, the Clerk of Court will mail the Summons and Complaint to the ministry of foreign affairs of Taiwan. Plaintiffs are directed to comply with the procedures for effecting service under § 1608(a)(3) by November 12, 2018. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/15/2018) Copies Mailed By Chambers. (rro) |
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| Monday, October 01, 2018 | ||
| 13 | 13
14
pgs
respoth
Memorandum of Law (non-motion)
Tue 10/02 2:38 PM
MEMORANDUM V. Memorandum of Law to Support Plaintifff's Relief Value Claim - Part II. Document filed by Sheafen Kuo, Tina Kuo. (kv) |
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| Monday, September 10, 2018 | ||
| 12 | 12
20
pgs
respoth
Memorandum of Law in Support (non-motion)
Tue 09/11 3:45 PM
MEMORANDUM OF LAW in Support Plaintiffs' Relief Value Claim- Part I. Document filed by Sheafen Kuo, Tina Kuo. (tro) |
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| Monday, August 27, 2018 | ||
| 11 | 11
misc
Letter
Mon 08/27 6:15 PM
LETTER addressed to Judge J. Paul Oetken from Stephen Cha-Kim dated 8/27/2018 re: Invitation to Express Views. Document filed by UNITED STATES OF AMERICA.(Cha-Kim, Stephen) |
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| Monday, August 13, 2018 | ||
| 10 | 10
misc
Letter
Tue 08/14 8:02 AM
LETTER addressed to Judge J. Paul Oetken from Sheafen Kuo, dated 8/13/18 re: Plaintiff submits this letter with attached letter to U.S. Attorney Geoffrey Berman written after the plaintiff received the order from Judge Oetken indicating that he was going to invite the views of the U.S. regarding whether the Government of Taiwan and its Ministry of National Defense MND are susceptible to suit under FISA. Document filed by Sheafen Kuo.(sc) |
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| Friday, July 27, 2018 | ||
| 9 | 9
2
pgs
order
Order
Fri 07/27 5:14 PM
ORDER: By August 27, 2018, the Court invites the United States Attorney for the Southern District of New York to submit a letter expressing the views of the United States regarding whether, under the facts as alleged by Plaintiffs, Defendants are susceptible to suit under the FSIA. Enclosed with this Order are:(1) the Complaint (Dkt. No. 1); (2) the Order To Show Cause (Dkt. No. 5); and (3) Plaintiffs' three memoranda in response (Dkt. Nos. 6-8). SO ORDERED. (Signed by Judge J. Paul Oetken on 7/26/2018) Copies Mailed By Chambers. (ama) |
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| Monday, July 16, 2018 | ||
| 8 | 8
9
pgs
respoth
Memorandum of Law (non-motion)
Mon 07/16 11:39 AM
MEMORANDUM OF LAW III; re: MEMORANDUM OF LAW TO SUPPORT THE CLAIM MND FRAUDULENTLY DENIED PLAINTIFFS' RMH STATUS. Document filed by Sheafen Kuo, Tina Kuo. (sc) |
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| Wednesday, June 06, 2018 | ||
| 7 | 7
19
pgs
respoth
Memorandum of Law (non-motion)
Thu 06/07 8:55 AM
MEMORANDUM II, re: Memorandum of Law to Support Plaintiffs' Expropriation Claim. Document filed by Sheafen Kuo, Tina Kuo. (sc) |
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| Thursday, May 10, 2018 | ||
| 6 | 6
30+
pgs
respoth
Memorandum of Law (non-motion)
Thu 05/10 3:12 PM
MEMORANDUM OF LAW TO SUPPORT PLAINTIFFS' JURISDICTIONAL CLAIM. Document filed by Sheafen Kuo, Tina Kuo. (sc) |
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| Thursday, April 12, 2018 | ||
| 5 | 5
4
pgs
order
Order ~Util - Add and Terminate Parties
Fri 04/13 9:41 AM
ORDER: Plaintiffs shall, on or before May 11, 2018, show cause as to why their Complaint should not be dismissed for lack of subject matter jurisdiction. If Plaintiff fails to do so, this action may be dismissed. The Clerk of Court is directed to amend the case caption to list Defendants as "Government of Taiwan" and "Ministry of National Defense of Taiwan." Government of Taiwan and Ministry of National Defense of Taiwan added. (Signed by Judge J. Paul Oetken on 4/12/2018) Copies Mailed By Chambers. (mro) |
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| Thursday, March 15, 2018 | ||
| 4 | 4
misc
Letter
Fri 03/16 10:27 AM
LETTER addressed to Judge J. Paul Oetken from Tina Kuo and Sheafen Kuo, dated 3/15/18 re: DEFENDANTS REFUSED TO ANSWER PROPERLY SERVED SUMMONS/COMPLAINT. Document filed by Sheafen Kuo, Tina Kuo.(sc) |
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| Tuesday, February 13, 2018 | ||
| 3 | 3
misc
Remark
Wed 02/14 11:12 AM
MEMORANDUM OF LAW TO NOTIFY THE COURTS OF REJECTION OF SUMMONS BY DEFENDANT AND RE-SERVICE BY THE PLAINTIFFS. Document filed by Sheafen Kuo, Tina Kuo. (sc) |
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| Thursday, December 28, 2017 | ||
| 1 | 1
cmp
Complaint
Thu 12/28 3:13 PM
COMPLAINT against Its Ministry of National Defense, R.O.C. Taiwan. (Filing Fee $ 400.00, Receipt Number 465401198639)Document filed by Sheafen Kuo, Tina Kuo.(pc) (pc) |
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utility
Case Designation
Thu 12/28 3:16 PM
Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (pc) |
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utility
Case Designated ECF
Thu 12/28 3:16 PM
Case Designated ECF. (pc) |
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service
Summons Issued
Thu 12/28 3:21 PM
SUMMONS ISSUED as to R.O.C. Taiwan. (pc) |
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service
Summons Issued
Thu 12/28 3:22 PM
SUMMONS ISSUED as to Its Ministry of National Defense. (pc) |
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