Plaintiff seeks to strike amendments in the defendants' response, alleging improper withdrawal of admissions about the Athlone Property being held in trust for the plaintiff.
Background:
Company Formation: Dacheng was incorporated in 2009 by Zhaomin Chen, Furong Liu, and Wei Hu for real estate investments, with Chen contributing $9.75 million and Hu $250,000.
Management: Hu managed operations and allegedly misused company funds and registered properties in his and his wife's names without authorization.
Legal Points:
Original Claims: Plaintiff claims Hu admitted the Athlone Property was held in trust for Dacheng.
Amended Response: Defendants later denied this admission, citing a broader "Dacheng Venture."
Court's Analysis:
Admissions: Court found defendants’ initial responses clearly admitted the trust arrangement.
Amendments: Court determined the amended response was a re-characterization to avoid summary judgment, not based on new evidence.
Prejudice and Delay: Withdrawal would prejudice the plaintiff due to incurred legal costs and delay.
Conclusion:
Decision: Court struck defendants' amendments, maintaining the admissions that the Athlone Property is held in trust for the plaintiff.
Costs: Plaintiff awarded costs from the defendants. The document does not specify the exact amount of costs awarded.
