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Case 4:20-cv-05174-JST Document 55 Filed 07/26/22 Page 1 of 4
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`Tianyu Ju, Esq. (SBN 323817)
`Yu-Hao Yao, Esq. (SBN 344022)
`9660 Flair Dr., Suite 328
`El Monte, CA 91731
`Tel.:(626)727-8666
`Fax: (626)727-9666
`Email: info@tylawgp.com
`Counsel for Defendant
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`PENSON & COMPANY, LLC,
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`v.
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`CLOUDSTYLE STORE,
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`Plaintiff,
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`Defendant.
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`Case No.: 20-cv-05174-JST
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`HANGZHOU YUN DUAN IMPORT AND
`EXPORT TRADE CO., LTD.’S EX PARTE
`APPLICATION FOR AN ORDER TO
`RELEASE DEFENDANT’S ASSETS
`PURSUANT TO VOLUNTARY DISMISSAL
`FILED BY PLAINTIFF ON NOVEMBER 2,
`2020 [DKT. NO. 20]
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`HANGZHOU YUN DUAN IMPORT AND EXPORT TRADE CO., LTD.’S EX PARTE
`APPLICATION FOR AN ORDER TO RELEASE DEFENDANT’S ASSETS PURSUANT TO
`VOLUNTARY DISMISSAL FILED BY PLAINTIFF ON NOVEMBER 2, 2020 [DKT. NO. 20]
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`Case 4:20-cv-05174-JST Document 55 Filed 07/26/22 Page 2 of 4
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`APPLICATION FOR AN ORDER TO RELEASE DEFENDANT’S ASSETS
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`Hangzhou Yun Duan Import and Export Trade Co., Ltd. (“Hangzhou Yun Duan”), by and
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`through its counsel, respectfully applies ex parte for an order to release Hangzhou Yun Duan’s assets
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`that were currently restraint by Amazon in accordance with a judgment entered in this case.
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`Pursuant to L.R. 7-11, an ex parte relief is appropriate because the relief is now administrative
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`in nature, and because Hangzhou Yun Duan was dismissed on November 2, 2020 [Dkt. No. 20]. This
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`Application is based upon the accompanying Memorandum of Points and Authorities submitted in
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`support hereof, the Declaration of Yuqing Fang and Exhibits filed concurrently herewith, such further
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`testimony and evidence as may be adduced at the hearing on this Application, and all the files and
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`records herein.
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`Dated: July 26, 2022
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`Respectfully Submitted,
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`/s/ Yu-hao Yao
`Yu-hao Yao, Esq.
`Tianyu Law Group, Inc.
`9660 Flair Dr., Suite 328
`El Monte, CA 91731
`Tel.:(626)727-8666
`Fax: (626)727-9666
`Email: info@tylawgp.com
` Counsel for Hangzhou Yun Duan Import
`and Export Trade Co., Ltd.
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`HANGZHOU YUN DUAN IMPORT AND EXPORT TRADE CO., LTD.’S EX PARTE
`APPLICATION FOR AN ORDER TO RELEASE DEFENDANT’S ASSETS PURSUANT TO
`VOLUNTARY DISMISSAL FILED BY PLAINTIFF ON NOVEMBER 2, 2020 [DKT. NO. 20]
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`Case 4:20-cv-05174-JST Document 55 Filed 07/26/22 Page 3 of 4
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`MEMORANDUM OF POINTS AND AUTHORITIES
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`I.
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`INTRODUCTION
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`This Application centers on the frozen assets of Hangzhou Yun Duan Import and Export Trade
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`Co., Ltd. (“Hangzhou Yun Duan”), which are maintained in its Amazon account. Amazon informed
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`Hangzhou Yun Duan that the assets are restraint based on the judgment entered in this case. Hangzhou
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`Yun Duan therefore seek to unfreeze its assets on the ground that Hangzhou Yun Duan was dismissed
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`from this case back in November, 2020.
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`II.
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`STATEMENT OF FACTS
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`Plaintiff initiated this action by filing a Complaint on July 24, 2020. [Dkt. No. 1]. On
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`November 2, 2020, Plaintiff filed a voluntary dismissal as to Hangzhou Yun Duan. [Dkt. No. 20].
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`Since the end of September 2021, the payment in Hangzhou Yun Duan’s Amazon account started to
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`be withheld by Amazon due to the Default Judgment Order against Defendant Cloudstyle Store. See
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`Decl. of Fang, ¶¶ 6-7. To date, Hangzhou Yun Duan’s Amazon account in an amount of $663,092
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`USD has been restraint to this present day. See Decl. of Fang, ¶ 8.
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`III. ARGUMENT
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`“It is well settled that this Court has authority to freeze personal assets temporarily and the
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`corollary authority to release frozen personal assets, or lower the amount frozen.” SEC v. Duclaud
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`Gonzales de Castilla, 170 F. Supp. 2d 427, 429 (S.D.N.Y. 2001) (citing SEC v. Unifund SAL, 917
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`F.2d 98 (2d Cir. 1990); SEC v. Am. Bd. Of Trade, Inc., 830 F.2d 431 (2d Cir. 1987); SEC v. Manor
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`Nursing Ctrs., Inc., 458 F.2d 1082 (2d Cir. 1972)). Accordingly, the Court has the authority to
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`unfreeze Hangzhou Yun Duan’s assets.
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`HANGZHOU YUN DUAN IMPORT AND EXPORT TRADE CO., LTD.’S EX PARTE
`APPLICATION FOR AN ORDER TO RELEASE DEFENDANT’S ASSETS PURSUANT TO
`VOLUNTARY DISMISSAL FILED BY PLAINTIFF ON NOVEMBER 2, 2020 [DKT. NO. 20]
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`Case 4:20-cv-05174-JST Document 55 Filed 07/26/22 Page 4 of 4
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`Here, since Hangzhou Yun Duan was dismissed on November 2, 2020, Hangzhou Yun Duan’s
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`assets should not be restrained in accordance with any order or judgment in this case. Moreover,
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`pursuant to L.R. 7-11, an ex parte relief is appropriate because the relief is now administrative in
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`nature, and because Hangzhou Yun Duan was dismissed on November 2, 2020 [Dkt. No. 20]. Plaintiff
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`will likely not defend this request because Plaintiff voluntarily dismissed Hangzhou Yun Duan on
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`November 2, 2020. This ex parte relief is therefore justified.
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`IV. CONCLUSION
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`For the foregoing reasons, Hangzhou Yun Duan respectfully request the Court to order
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`Amazon to release its assets that were restraint in accordance with the judgment of this case, so that
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`Hangzhou Yun Duan will not incur further harm.
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`Dated: July 26, 2022
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`Respectfully submitted,
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`/s/ Yu-hao Yao
`Yu-hao Yao, Esq.
`Tianyu Law Group, Inc.
`9660 Flair Dr., Suite 328
`El Monte, CA 91731
`Tel.:(626)727-8666
`Fax: (626)727-9666
`Email: info@tylawgp.com
` Counsel for Hangzhou Yun Duan Import
`and Export Trade Co., Ltd.
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`HANGZHOU YUN DUAN IMPORT AND EXPORT TRADE CO., LTD.’S EX PARTE
`APPLICATION FOR AN ORDER TO RELEASE DEFENDANT’S ASSETS PURSUANT TO
`VOLUNTARY DISMISSAL FILED BY PLAINTIFF ON NOVEMBER 2, 2020 [DKT. NO. 20]
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