Vasquez et al. v. Hong Kong and Shanghai Banking Corporation, Ltd. et al., No. 1:2018cv01876 - Document 85 (S.D.N.Y. 2019)

Court Description: OPINION & ORDER re: 58 MOTION to Strike Document No. 45 - Class Allegations From First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(f), 23(c)(1)(A), and 23(d)(1)(D) filed by Hong Kong and Shanghai Banking Corporation, Ltd., HSBC Bank, U.S.A, NA, 54 MOTION to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b) filed by HSBC Bank, U.S.A, NA, 56 MOTION to Dismiss First Amended Complai nt Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b) filed by Hong Kong and Shanghai Banking Corporation, Ltd., 48 MOTION to Dismiss First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) fi led by Hong Kong and Shanghai Banking Corporation, Ltd. For the foregoing reasons, as to HSBC USA, the Court grants the motion to dismiss the claims against it. The dismissal is with prejudice. As to HSBC Hong Kong, however, the Court grants pl aintiffs' request for jurisdictional discovery as to the issue of personal jurisdiction, so as to enable the Court to resolve HSBC Hong Kong's motion to dismiss under Rule 12(b)(2). The Court directs HSBC Hong Kong and plaintiffs to file , by June 10, 2019, a joint letter proposing a discovery schedule to be completed within approximately two months of today. The Court denies, without prejudice, HSBC Hong Kong's motions to dismiss and to strike class allegations, without prejud ice to the right of HSBC Hong Kong to renew such motions if the motion to dismiss for lack of personal jurisdiction is denied. The Clerk of Court is respectfully requested to terminate the motions pending at Dkts. 48, 54, 56, and 58, and to terminate HSBC USA as a defendant in this case. SO ORDERED. (HSBC Bank, U.S.A, NA (a National Banking Association) terminated.) (Signed by Judge Paul A. Engelmayer on 5/29/2019) (anc)