Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #440-25

IN RE:

P.E.

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

In re:

Chapter 11 Case No.

Debtor.

**DECLARATION OF MAKENZIE RUSSO IN FURTHER SUPPORT OF PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P.'S MOTION TO DISMISS CHAPTER 11 CASE OR, IN THE ALTERNATIVE, PARTIAL JOINDER TO UNITED STATES TRUSTEE'S MOTION FOR AN ORDER DIRECTING THE APPOINTMENT OF A CHAPTER 11 TRUSTEE**

I, Makenzie Russo, declare:

1. I am an attorney admitted to practice law in the State of New York and am an

associate at the law firm of O'Melveny & Myers, 7 Times Square, New York, NY 10036,

counsel for Pacific Alliance Asia Opportunity Fund L.P. ("PAX"). I respectfully submit this

Declaration in support of PAX's Motion to Dismiss Chapter 11 Case, or in the Alternative,

Partial Joinder to United States Trustee ("Motion to Dismiss") [ECF 183].

2. Attached hereto is a true and correct copy of PAX Exhibit 27, "Federal Rule of

Evidence 1006 Summary Re: Litigation Claims." In connection with the May 25, 2022 Hearing

on PAX's Motion to Dismiss, PAX offers PAX Exhibit 27 as a summary of information relevant

to the litigation claims referenced in Debtor's Schedule F.2

3. To compile PAX Exhibit 27, colleagues of mine at O'Melveny & Myers LLP ("O'Melveny") searched the public record to identify litigation matters involving the litigants

1 The last four digits of the Debtor's taxpayer identification number are 9595.

2 See Debtor's Schedule F, ECF 78.

listed on the Debtor's Schedule F that held a claim against the Debtor individually. For each of the relevant litigation matters identified, O'Melveny reviewed the court's public dockets, gathered the information reflected in the chart, and then summarized the current status of the litigation in the chart. For example, the chart indicates, among other things, whether a case had been dismissed and whether a trial date had been set, citing the appropriate docket entry number.

Dated: May 20, 2022 New York, New York Respectfully submitted,

/s/ Makenzie Russo Makenzie Russo mrusso@omm.com O'MELVENY & MYERS LLP 7 Times Square New York, NY 10036 Telephone: (212) 728-5819

Attorney for Pacific Alliance Asia Opportunity Fund L.P.

Schedule F: Nonpriority Unsecured Creditors1

Party Claim According to Status Trial Date

Beijing Zhong Xian Wei Ye Stainless Decoration Center et al. v. Wengui Guo et al., Case No. 653176/2017

Xiong Xian Wei Ye Unknown On May 12, 2020, Defendants' motion to dismiss was granted Case dismissed Beijing Zhong Xian Wei Ye Unknown "to the extent that the complaint is dismissed in its entirety Stainless Decoration Center pursuant to CPLR 3211(a)(7)." Order, Dkt. No. 69 at 5. The ("Xiong Xian Wei Ye") court ordered the clerk to enter judgment dismissing the complaint. Id.

She Group, Ltd.

Federal Rule of Evidence 1006 Summary of Schedule F Litigation Claims

1 PAX searched the public record for any litigants listed on the Debtor's Schedule F that held a claim against the Debtor individually. See Schedule F: Nonpriority Unsecured Creditors, ECF 78 at 19–21. There were a number of purported litigation claims that PAX could not locate in the public record: Clark Hill, Gao Bingchen, Hero Grant Limited, Hong Zeng, Jumbo Century Limited, Kui Cheng, MacDonald, New Dynamic Development Limited, Sail Victory Limited, Strategic Vision, The Sherry-Netherland, Thomas Ragland, UBS AG, UBS AG (London Branch), Well Origin Limited, Yue Hua Zhu Shi.

Ltd.

Tang et al. v. Guo, Case No. 1:17-cv-09031 Baiqiao Tang Unknown On February 1, 2022, the Court ordered that "all claims and Case dismissed Jing Geng Unknown causes of action asserted in this action by Plaintiff Tang and Plaintiff Geng are dismissed with prejudice" where Plaintiff Tang "has failed to prosecute his claims" and "Plaintiff Geng passed away in April 2021, and no motion to substitute a proper party, or for an extension of time to do so, has been filed." Order, Dkt No. 97. Watson Meng and Boxun Inc. v. Guo Wengui, Case No. 159636/2017 (N.Y. Sup. Nov. 7, 2017) Boxun Inc.3 Unknown On October 7, 2021, the court certified the case as ready for No trial date set Watson Meng4 Unknown trial. Note of Issue, Dkt. No. 57. Kwok moved to vacate the Weican Meng/Boxun Inc. \$1,000,000 note of issue and the reply briefing was filed on November 9, 2021. Reply Aff. in Supp. of Mot. to Vacate Note of Issue, Dkt No. 120. Keyi Zilkie, Huizhen Wang, Chao-Chih Chiu, Yunxia Wu v. GTV, Saraca and Wengui Guo, Index No. 652843/2021 (N.Y. Sup. April 29, 2021) Chao-Chih Chiu Unknown On November 5, 2021, the court entered a stay pursuant to the N/A

stipulation that a stay of the action was appropriate Keyi Ziklie Unknown while Plaintiffs seek distributions from the SEC-administered

2 These parties filed claims in New York Supreme Court. Compl., Baiqiao Tang and Jing Geng v. Wengui Guo et al., Case No. 153969/2019 (N.Y. Sup. 2019). Those proceedings have been dormant since September 30, 2019, the date the complaint was filed. See Docket, Baiqiao Tang and Jing Geng v. Wengui Guo et al., Case No. 153969/2019 (N.Y. Sup. 2019).

3 For reasons that are unknown to PAX, this name appears as a litigation claim holder twice on the Debtor's Schedule F. 4 For reasons that are unknown to PAX, this name appears as a litigation claim holder twice on the Debtor's Schedule F.

Yunxia Wu Unknown Fair Fund in connection with their claims. Order, Dkt. No. 30 at 2.

Zhengjun Dong, Wen Lin, Kaixin Hong, Chenglong Wang v. GTV, Saraca and Wengui Guo, Index No.

requested severance of claims against Kwok

to proceed against other defendants.

to Show Cause, Dkt. No. 106.

Rong Zhang, Xiaodan Wang, Chong Shen Raphanella v. Voice of Guo, GTV, Saraca, ROL Miles Guo, Case No. 2:21-cv-01079 (D. Ariz. 2021) Chong Shen Raphanella Unknown Partial Motion to Dismiss fully briefed as of February 2, 2022 N/A Rong Zhang Unknown and not yet decided. Mot. to Dismiss Reply, Dkt. No. 43.

Haihong C. Wang v. GTV, Saraca, Wengui Guo, Case No. 3:21-cv-00359

Haihong Wang Unknown Kwok filed an answer to the complaint on October 22, 2021. N/A Dkt No. 42. There was no other docket activity until the Notice of Bankruptcy was filed on February 18, 2022. See Docket. Weiguo Sun, Linda He Cheing, Jia Li Wang, Jiamei Lu, Jun Liu, Mao-Fu Weng, Ruqin Wang, Teli Chen, Weixiang Ge, Shuang Wang, Xingyu Yan, Yan Gao, Yi LI and Ying Liu v. GTV, Saraca, Voice of Guo, Wengui Guo, Case No.

Jia Li Wang \$430,000 As of October 14, 2021, discovery in this action was stayed N/A Jiamei Lu Unknown while plaintiffs pursue recovery in connection with the SEC Jun Liu Unknown administered Fair Fund. Order, Dkt No. 79.

Jianhu Yi and Quiju Jia v. GTV, Saraca, Wengui Guo, Case No. 1:21-cv-02669

Jian Hu Yi Unknown As of September 22, 2021, discovery in this action was stayed N/A Quiju Jia Unknown while plaintiffs pursue recovery in connection with the SEC administered Fair Fund. Order, Dkt. No.

status update, the parties are in continued settlement discussions

to recover from the SEC fund. Letter, Dkt. No. 47. June Shi v. GTV, Saraca, Wengui Guo, Case No. 1:21-cv-01408

June Shi Unknown Kwok filed an Answer of September 22, 2021. Amended N/A Answer, Dkt No. 33. The parties stipulated to a settlement of some claims on January 14, 2022. Stipulation of Dismissal of Count VII With Prejudice, Dkt No. 38. Fan Bingbing v. Guo Wengui, Case No. 156619/2017

Fan Bingbing Unknown There is no docket activity in this case after the amended N/A complaint was filed on November 27, 2021. See Docket. Wengui Guo v. Guo Baosheng, Yan Zhao and Ning Ye, Index No. 151251/2019

Guo Baosheng \$12,000,000 There was a gap in the litigation between June 18, 2020 and N/A Baosheng Guo5 Unknown March 23, 2022. See generally, Docket. During this time Ning Ye \$12,000,000 frame, there is only one docket entry. See Notice of ADR

No. 65. On March 21, 2022, the Defendants filed a Notice of Motion for Leave of the Court to File Supplemental Motion to Dismiss. Notice, Dkt. No. 66. A Notice of Bankruptcy was filed shortly thereafter. Notice of Bankruptcy, Dkt No. 72. Jiansheng Xie and Jiefu Zheng v. Wengui Guo, Case No. 155995/2017

Jianshengxie and Jiefu Zheng Unknown There is no docket activity in this case after the amended N/A complaint was filed on June 30, 2017. See

Docket. Jonathan Young v. Guo Wengui, Saraca, Golden Spring, Rule of Law Foundation, Case No. 154683/2020

Jonathan Young Unknown Defendants moved to dismiss the case, and those pleadings were N/A fully briefed as of May 18, 2021. See Docket. There was no docket activity in the action between May 18, 2021 and February 16, 2022, when the notice of bankruptcy was filed. Id.

Guo v. Jun Chen (a/k/a Jonathan Ho), Case No. 18-cv-03800, (D.N.J. 2019) Jun Chen (aka Jonathan Ho) \$1,000,000 On February 22, 2022, the Court ordered the parties to submit Case dismissed confidential settlement memos on or before March 3, 2022. pending court Text Order, Dkt No. 52. A settlement mediation was scheduled approval for March 10, 2022. Scheduling Order, Dkt No. 50. On March

parties "agreed to a mutual dismissal of their

5 For reasons that are unknown to PAX, this name appears as a litigation claim holder twice on the Debtor's Schedule F.

terminating the action on his records pending approval of the

dismissal by the Bankruptcy Court, at which time it will be dismissed with prejudice." Order, Dkt No. 55. Liehong Zhuang and Xiao Yan Zhu v. Wengui Guo and Saraca Media Group, Index No. 654999/2020

Liehong Zhuang Unknown On September 23, 2021, the Court granted Kwok's motion to N/A Liehong Zhuang/Xiao Yan \$1,005,000 dismiss in part. Order, Dkt

Zhu6 Kwok requested that a discovery conference be adjourned in Xiao Yan Zhu Unknown light of his not having yet filed an Answer. Letter, Dkt No. 82. A notice of bankruptcy was filed shortly thereafter. Notice of

No. 85. Logan Cheng aka Shuiyan Cheng v. Wengui Guo, Case No. 1:20-cv-05678

Logan Cheng (aka Shiuyan Unknown Logan Cheng obtained a judgment for \$196,940.39 on account N/A Cheng) of a counterclaim filed in the District of Nevada. Compl., Ex. 5, Dkt No. 1-5. Cheng brought an enforcement proceeding in the Southern District of New York. Compl., Dkt No. 1. Both parties moved for partial summary judgment, which was fully briefed as of February 15, 2022. See generally, Docket. Rui Ma v. Guo Wengui and Golden Spring NY, Index No. 158140/2017

Rui Ma \$20,000,000 The case was certified as ready for trial on January 29, 2022. No trial date set. Note of Issue, Dkt No. 27. Kwok requested oral argument to vacate the Note of Issue on February 15, 2022. Letter, Dkt No. 97. Ruizheng An v. GTV, Saraca, Guo Wengui, Case No. 1:20-cv-06555 (S.D.N.Y. 2020) Ruizheng An Unknown On February 1, 2021, the court ordered an extension of time to N/A finalize a settlement. Order, Dkt No. 41. There has been no docket activity since. See generally, Docket. Samuel Dan Nunberg v. Guo Wengui, Index No. 150141/2020

Samuel Dan Nunberg Unknown Nunberg filed an amended complaint on January 21, 2022. N/A Samuel Nunberg7 \$1,000,000 Amended Compl., Dkt No. 96. Kwok moved to strike the complaint on February 10, 2022. Mem. of Law in Supp. of Mot. to Strike, Dkt No. 101.

6 For reasons that are unknown to PAX, these names appear as litigation claim holders twice on the Debtor's Schedule F.

7 For reasons that are unknown to PAX, this name appears as a litigation claim holder more than once on the Debtor's Schedule F.

Yang Yeliang Xia Lan Unknown A jury awarded Kwok \$100,000 judgment plus interest for N/A

defamation. Order, Dkt No. 140. The jury awarded the Xia \$10,000 for defamation. Id.

Xia filed a notice of appeal on September 27, 2017. Notice of

No. 141. Xia requested oral argument on the appeal in December 2021. Wengui Guo v. Yeliang Xia, Case No. 19-2062 (4th Cir. 2021), Dkt No. 62. The Court of Appeals subsequently entered an order deferring consideration of the motion for oral argument pending assignment of the case to a panel. Order, Dkt No. 63. WA&HF LLC and Ruizheng An v. Saraca, Wengui Guo, Case No. 2:21-cv-00490

WA&HF LLC \$319,130 The parties entered into a stipulation of dismissal on April 1, Case dismissed 2022, upon being able to "fully compromise[] and settle[] the claims." Stipulation and Order of Dismissal, Dkt No. 21. Xiqui ("Bob") Fu v. Guo Wengui, Case No. 20-cv-00257

Xiqui ("Bob") Fu Unknown Kwok's Motion to Dismiss was denied on January 15, 2022. N/A Order, Dkt No. 97. The case is administratively closed pending the outcome of Kwok's bankruptcy. Yan Huang v. Wengui Guo, Index No. 156552/2017

Yan Huang Unknown A stipulation of settlement was entered on April 6, 2021. Case settled Stipulation of Settlement, Dkt No. 68. Zheng Wu and Yang Lan v. Guo Wengui, Index No. 152123/2018

Yang Lan Unknown Kwok filed an Answer on April 25, 2019. Answer, Dkt No. 36. N/A Yang Lan and Qu Zheng8 \$10,000,000 On March 2, 2020, the Court ordered the parties to participate in Zhang Qu (aka Bruno Wu) Unknown a settlement mediation conference. Order, Dkt No. 46. Notices of appearance and the notice of bankruptcy

activity since that date. See generally, Docket. Wengui Guo v. Danyu Lin, Case No. 2018CP3203623

Danyu Lin Unknown The South Carolina court system lists the status as "dismissed." Case dismissed See generally, Docket.

8 For reasons that are unknown to PAX, these names appear as a litigation claim holder twice on the Debtor's Schedule F.