Nautilus, Inc. v. Chunchai Yu (In re Chunchai Yu)

ORDER AND MEMORANDUM DECISION GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Before the Court is Plaintiff Nautilus, Inc.’s (“Plaintiff’) motion for summary judgment [Dk. 12] (“Motion for Summary Judgment”) filed November 24, 2015, which seeks a determination that a $4 million judgment against Debtor Chunchai Yu a/k/a Katherine Yu (“Defendant”) is non-dischargeable under 11 U.S.C. § 523 (a)(6) 1 based upon issue preclusion. The Defendant filed her opposition [Dk. 21] (“Opposition”) on December 23, 2015, and the Plaintiff filed its reply [Dk. 22] (“Reply”) on December 29, 2015. The matter came on for hearing on January 13, 2016. Samuel Watkins, Esq., appeared on behalf of Plaintiff, and Jeffrey Nadel, Esq. appeared on behalf of Defendant.

Upon consideration of the Motion for Summary Judgment, the Opposition, the Reply, oral argument of counsel, and the record as a whole, and for good cause shown, this court GRANTS summary judgment in favor of Plaintiff pursuant to § 523(a)(6) and' based upon issue preclusion.

I. BACKGROUND

As set forth below, the background of this proceeding is composed of certain undisputed facts. The following facts are undisputed:

1. On January 28, 2010,…