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Wu v. Fonfa

United States District Court, D. Nevada

January 9, 2020

JINGLING WU, an individual; WANLING LI, an individual; HONGHONG JIANG, an individual; RONG WANG, an individual; BIYU XIE, an individual; SHAOZHEN YAN, an individual; ZHIRONG FU, an individual; GUANGJU YAN, an individual; QILONG LIAO, an individual; YINGZHU, an individual; QING LI, an individual; ZIXUN YANG, an individual; QU CHEN, an individual; YANXIN ZHOU, an individual; XIAOPING HAN, an individual; KAI ZHOU, an individual; YIXI LIU, an individual; XIAOYING HUANG, an individual; YIHUI LIANG, an individual; KAIQING YANG, an individual; XIANNA CHEN, an individual; ZHIYAN ZHANG, an individual; JINYUN YE, an individual; YIRUI CHEN, an individual; WENJIAN LIAO, an individual; YIRANG LIU, an individual; ZIXUAN WANG, an individual; MING LIU, an individual; HAOWEN LUO, an individual; YANZHAO YANG, an individual; LINGFENG XIAO, an individual; YAN LIU, an individual; CUI YU, an individual; QUN WEN, an individual; JIAXIN YE, an individual; RUI WANG, an individual; SHAOMEI MO, an individual; SHUHAN LIN, an individual; XIN ZHANG, an individual; and HANXIAO HE, an individual Collectively as "EB-5 Investors" Plaintiffs,
v.
Andrew S. Fonfa, an individual; William Weidner, an individual; David Jacoby, an individual; Sahara Investments, LLC; Las Vegas Economic Impact Regional Center, LLC; Eastern Investments, LLC; BOFU, LLC; Weidner Management, LLC, and Does 1 through 100, inclusive, Defendants.

          WRIGHT, FINLAY & ZAK, LLP Yanxiong Li, Esq. Bradley T. Wibicki, Esq.WRIGHT, FINLAY & ZAK, LLP Charles C. McKenna, Esq. (pro hac vice) Attorneys for Plaintiffs, Individual EB-5 Investors

          SANTORO WHITMIRE Nicholas J. Santoro, Esq. Oliver J. Pancheri, Esq. LEX NOVA LAW LLC Darren Goldstein, Esq. (pro hac vice) Attorneys for Defendants William Weidner, Bofu, LLC, Weidner Management, LLC, and David Jacoby

          HOWARD & HOWARD ATTORNEYS PLLC Robert Hernquist, Mark Gardberg, Attorneys for Defendants Andrew Fonfa, Sahara Investments LLC, Las Vegas Economic Impact Regional Center, LLC and Eastern Investments LLC

          STIPULATION AND ORDER RE: FURTHER ORDER ON COST BOND

         The undersigned Parties, by and through their respective attorneys, stipulate and agree as follows:

         Plaintiffs commenced this action by filing their Complaint on February 6, 2019. [ECF No. 1].

         On December 2, 2019, an Order on Cost Bond was entered requiring each Plaintiff to file an undertaking or make a cash deposit of $500 with the clerk of the court for each defendant ("Order on Cost Bond"). See [ECF No. 45 at 7:3-8]. This amounts to $4, 000 for each of the 40 Plaintiffs, for a total of $160, 000.

         The Order on Cost Bond set an original deadline for compliance by Plaintiffs on December 27, 2019. See [ECF No. 45 at 7:3].

         On December 27, 2019, Plaintiffs filed a Motion for Extension of Time to Comply with the Order on Cost Bond ("Motion to Extend"). [ECF No. 47].

         A Minute Order was entered on December 31, 2019, requiring any responses to Plaintiffs' Motion to Extend be made by 5:00 p.m. on January 3, 2020. [ECF No. 48].

         Plaintiffs have informed Defendants that one of the 40 Plaintiffs, Ms. JIAXIN YE, has elected not to proceed with her claims in this action, and desires to voluntarily dismiss her Complaint without prejudice.

         Plaintiffs have informed Defendants that the remaining 39 Plaintiffs are prepared or will be prepared to make their required cash deposit on or before January 10, 2020 for purposes of complying with the Order on Cost Bond.

         WHEREFORE, IT IS HEREBY STIPULATED AND AGREED that Plaintiff JIAXIN YE's Complaint against Defendants is dismissed without prejudice in its entirety.

         IT IS FURTHER STIPULATED AND AGREED that the remaining 39 Plaintiffs shall 1) make a cash deposit in the total amount of $156, 000 (39 x $4, 000) with the clerk of the court on or before January 10, 2020, and 2) file a Notice or Certificate of Compliance with the Order on Cost Bond. The case shall remain stayed pending Plaintiffs' compliance with the foregoing.

         IT IS FURTHER STIPULATED AND AGREED that, upon filing of a Notice or Certificate of Compliance with the Order on Cost Bond, Defendants shall have 30 calendar days therefrom to file ...


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