The Export-Import Bank of Korea v. Asi Corporation et al

NOTICE OF MOTION AND MOTION for Summary Judgment of Dismissal

C.D. Cal.May 11, 2017

C A L L A H A N & B L A I N E 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALLAHAN & BLAINE, APLC Daniel J. Callahan, SBN 91490 Christopher B. Queally, SBN 229154 Damon D. Eisenbrey, SBN 215927 3 Hutton Centre Drive, Ninth Floor Santa Ana, California 92707 Telephone: (714) 241-4444 Facsimile: (714) 241-4445 Attorneys for Defendants ASI CORPORATION and ASI COMPUTER TECHNOLOGIES, INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION THE EXPORT-IMPORT BANK OF KOREA, an agency or instrumentality of the Republic of Korea, Plaintiffs, V. ASI CORPORATION, a Delaware corporation; ASI COMPUTER TECHNOLOGIES, INC., a California corporation, Defendants. CASE NO. 2:16-cv-02056-MWF-JPR DEFENDANT ASI CORPORATION'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OF DISMISSAL Judge: Hon. Michael W. Fitzgerald Date: June 12, 2017 Time: 10:00 a.m. Dept.: 5A Complaint Filed: March 25, 2016 Trial Date: April 24, 2018 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on June 12, 2017, at 10:00 a.m., or as soon thereafter as may be heard in Courtroom 5A of the above entitled district court, located at the First Street Courthouse, 350 West First Street, Los Angeles, California 90012, Defendant ASI Corporation ("ASI") will and hereby does move this Court for Summary Judgment of Dismissal as to Plaintiff The Export-Import Bank of Korea's ("KEXIM") entire Complaint. This Motion is based on Rule 56 of the Federal Rules of Civil Procedure, and is made on the ground that there is no genuine issue as to any material fact and that - i - MOTION FOR SUMMARY JUDGMENT OF DISMISSAL Case 2:16-cv-02056-MWF-JPR Document 111 Filed 05/11/17 Page 1 of 9 Page ID #:3756 C A L L A H A N & B L A I N E ce 0 z0 0 LL F < rt 0 (DE p` D(.) 00z LU < 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ASI is entitled to judgment of dismissal as a matter of law for the reason that: ASI is a terminated Delaware corporation which ceased to exist in 2002 and cannot, as a matter of California and Delaware law, be sued in this or any other action. This Motion is made following conferences of counsel pursuant to L.R. 7-3 which occurred on November 21, 2016, and approximately January 24, 2017. This Motion is based upon this Notice of Motion, the attached Memorandum of Point and Authorities, the Statement of Uncontroverted Facts and Conclusions of Law, the Declarations of Christine Liang and Christopher B. Queally filed concurrently herewith, all other pleadings and papers on file in this action, any matters of which the Court may take judicial notice, and such further evidence and arguments as may be presented at or before the hearing on this matter. Dated: May 11, 2017 CALLAHAN & BLAINE, APLC By: /s/ Christopher B. Queally Daniel J. Callahan Christopher B. Queally Damon D. Eisenbrey Attorneys for Defendants ASI CORPORATION and ASI COMPUTER TECHNOLOGIES, INC. MOTION FOR SUMMARY JUDGMENT OF DISMISSAL Case 2:16-cv-02056-MWF-JPR Document 111 Filed 05/11/17 Page 2 of 9 Page ID #:3757 C A L L A H A N & B L A I N E 0 F zO < ',2,1 2 C 6z '48 O liq)6 3 a "0 z w /— a.< (.0 Ce) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Case Name: The Export-Import Bank of Korea v. ASI Corporation, et al. No.: 2:16-cv-02056 On May 11, 2017, I filed the following document(s) described as DEFENDANT ASI CORPORATION'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OF DISMISSAL electronically through the CM/ECF system. All parties on the Notice of Electronic Filing to receive electronic notice have been served through the CM/ECF system. The party(ies) listed below are currently on the list to receive e-mail notices for this case. Bryan A. Merryman James K. Lee Earle Miller WHITE & CASE LLP 555 South Flower Street Suite 2700 Los Angeles, CA 90071 Attorneys for Plaintiff The Export- Import Bank of Korea Z1 BY EMAIL: I have caused the above-mentioned document(s) to be electronically served on the above-mentioned person(s), who are currently on the list to receive e-mail notices for this case. Executed on May 11, 2017, at Santa Ana, California. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct, and that i am employed in the office of a member of the bar of this court at whose direction the service was made. t CERTIFICATE OF SERVICE Case 2:16-cv-02056-MWF-JPR Document 111 Filed 05/11/17 Page 9 of 9 Page ID #:3764 C A L L A H A N & B L A I N E 0 z 0. o CK I— co .4- 0 0 z c02 ;o uix L j 0 `C 0 < < x ° c) § Z Ff. o 0 W z w < < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALLAHAN & BLAINE, APLC Daniel J. Callahan, SBN 91490 Christopher B. Queally SBN 229154 Damon D. Eisenbrey, SBN 215927 3 Hutton Centre Drive, Ninth Floor Santa Ana, California 92707 Telephone: (714) 241-4444 Facsimile: (714) 241-4445 Attorneys for Defendants ASI CORPORATION and ASI COMPUTER TECHNOLOGIES, INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION THE EXPORT-IMPORT BANK OF KOREA, an agency or instrumentality of the Republic of Korea, Plaintiffs, v. ASI CORPORATION, a Delaware corporation; ASI COMPUTER TECHNOLOGIES, INC., a California corporation, Defendants. CASE NO. 2:16-cv-02056-MWF-JPR STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSION OF LAW Judge: Date: Time: Dept.: Hon. Michael W. Fitzgerald June 12, 2017 10:00 a.m. 5A Complaint Filed: March 25, 2016 Trial Date: April 24, 2018 Pursuant to Central District of California Rule 56-1, Defendant ASI Corporation ("ASI"), as the moving party on the Motion for Summary Judgment of Dismissal referred to in the Notice of Motion and Motion for Summary. Judgment of Dismissal filed concurrently herewith, hereby submits this "Statement of Uncontroverted Facts and Conclusions of Law," as follows: UNCONTROVERTED FACTS 1. Plaintiff The Export-Import Bank of Korea ("KEXIM") filed the above captioned Complaint on March 25, 2016. STATEMENT OF UNCONTROVERTED FACTS Case 2:16-cv-02056-MWF-JPR Document 111-1 Filed 05/11/17 Page 1 of 3 Page ID #:3765 C A L L A H A N & B L A I N E cc 0 ga § 8 ui jw0,1;:.; i CX Z -J 0 1 .(0‹ (7)W