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桑兰案被告律师莫虎退出

热度 2已有 9157 次阅读2016-3-3 13:03 |个人分类:法律|系统分类:时事| 律师

刚看了一下桑兰案案卷,发现案子复活了。有下面几个新的变化。

1)被告KS LIU与 GINA LIU 换了律师,莫虎被 terminated, 换成了 Dealy Silberstein & Braverman, LLP 的几个律师。这个律师事务所总共有7名律师。根据其介绍,主要是从事雇佣关系、遗产信托等领域的诉讼。桑兰案主打律师徐也在要求退出。桑兰的新律师来自 Schiller Law Group PC, Orans, Elsen, Lupert & Brown LLP 等(洋人)。在雇佣“洋枪队”方面,桑兰走在被告之前。不过,之前海明造成的损伤恐怕是无法逆转了 -- 尽管在桑兰对海明的战役中,海明最终屈服。

2)主审法官采纳了副法官之前就 Rule 37 (取证违规)对原告作出的处罚。这个事件之前有介绍的。早在2015年2月,副法官裁决判罚原告桑兰,原因是桑兰未能如约接受录口供。本来这个事情副法官说了就可以算数的(因为这不属于 dispositive  动议),但桑兰请求主审法官重新考虑。这一考虑,加上中间的一些变故,竟然拖到了一年后的今天。

此案过去很长时间在美国联邦法庭这样严肃庄重的场所上互掷泥巴相攻,极大地损害了纽约华人的形象。 

希望新人新气象。


U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:11-cv-02870-AT-JCF


Lan v. AOL Time Warner, Inc. et al
Assigned to: Judge Analisa Torres
Referred to: Magistrate Judge James C. Francis
Demand: $9,999,000
Cause: 42:1983 Civil Rights Act

Date Filed: 04/28/2011
Jury Demand: Both
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Sang Lanrepresented byX. Bing Xu 
The Bing Law Firm 
5705 Hansel Ave. 
Orlando, FL 32809 
(407) 851-1000 
Fax: (407)-851-1008 
Email: bing@binglawfirm.com 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

Allan Steven Schiller 
Schiller Law Group PC 
130 West 42nd Street 
New York, NY 10036 
718)-268-9800 
Fax: 718)-268-9892 
Email: as@asfirm.com 
ATTORNEY TO BE NOTICED

Brian Patrick Fredericks 
Law Office of Brian P. Fredericks, PC 
39-07 Prince St., 6E 
Flushing, NY 11354 
(718) 889-6188 
Fax: (718) 353-7188 
Email: brian@frederickslawpc.com 
ATTORNEY TO BE NOTICED

John Vincent Golaszewski 
Orans, Elsen, Lupert & Brown LLP 
875 Third Avenue, 28th Flr. 
New York, NY 10020 
(212) 586-2211 
Fax: (212) 765-3662 
Email: jvgolaszewski@gmail.com 
ATTORNEY TO BE NOTICED

Ming Hai 
Law Office of Ming Hai 
36-09 Main Street, Ste. 7B 
Flushing, NY 11354 
718 445 9111 
Fax: 718 445 5424 
Email: lawminghai@yahoo.com 
TERMINATED: 10/31/2011 
ATTORNEY TO BE NOTICED

V.
Movant
former attorney Ming Hai 
former attorney for plaintiff 
TERMINATED: 11/20/2012
represented byMing Hai 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

V.
Defendant
AOL Time Warner, Inc. 
TERMINATED: 06/29/2011
Defendant
The United States Gymnastics Federation 
TERMINATED: 07/13/2011 
doing business as
USA Gymnastics 
TERMINATED: 07/13/2011
Defendant
TIG Insurance Company 
TERMINATED: 07/13/2011
Defendant
TIG Specialty Insurance Solutions 
TERMINATED: 07/13/2011
Defendant
Riverstone Claims Management, LLC 
TERMINATED: 07/13/2011
Defendant
Ted Turner 
TERMINATED: 11/20/2012
Defendant
Wilson Xue 
TERMINATED: 06/17/2011
represented byHugh Hu Mo 
The Law Firm of Hugh H. Mo, P.C. 
225 Broadway, Suite 2702 
New York, NY 10007 
(212) 385-1500 
Fax: (212) 385-1870 
Email: hhmo8@verizon.net 
ATTORNEY TO BE NOTICED
Defendant
Hugh Mo 
TERMINATED: 11/20/2012
represented byHugh Hu Mo 
(See above for address) 
ATTORNEY TO BE NOTICED
Defendant
John Does and Jane Does #1 through 15, Inclusive 
TERMINATED: 11/20/2012
Defendant
Winston Sie 
TERMINATED: 06/28/2011
represented byHugh Hu Mo 
(See above for address)
Defendant
Time Warner, Inc. 
TERMINATED: 02/25/2014
represented byJames Andrew Lamberth 
Troutman Sanders LLP 
Suite 5200, 600 Peachtree Street, N.E. 
Atlanta, GA 30308 
(404)-885-3362 
Fax: (404)-885-3900 
Email: james.lamberth@troutmansanders.com 
LEAD ATTORNEY 
PRO HAC VICE 
ATTORNEY TO BE NOTICED

Alan William Bakowski 
Troutman Sanders LLP 
600 Peachtree Street N.E., Suite 5200 
Atlanta, US 30308 
(404)-885-3000 
Fax: (404)-962-3900 
Email: alan.bakowski@troutmansanders.com 
PRO HAC VICE 
ATTORNEY TO BE NOTICED
Defendant
Keo-Sung Liu 
also known as
Hui-Hung Sie
represented byMilo Silberstein 
Dealy Silberstein & Braverman, LLP 
225 Broadway, Suite 1405 
New York, NY 10007 
(212) 385-0066 
Fax: (212) 385-2117 
Email: msilberstein@dsblawny.com 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

Hugh Hu Mo 
(See above for address) 
TERMINATED: 01/27/2016

Maria Louisa Bianco 
Dealy Silberstein & Braverman, LLP 
225 Broadway, Suite 1405 
New York, NY 10007 
(212)-385-0066 
Email: mbianco@dsblawny.com 
ATTORNEY TO BE NOTICED

Pedro Medina , Jr 
The Law Firm of Hugh H. Mo, P.C. 
225 Broadway, Suite 2702 
New York, NY 10007 
212-385-1500 
Fax: 212-385-1500 
Email: pemedina@verizon.net 
TERMINATED: 01/27/2016
Defendant
Gina Hiu-Hung Liu 
individually 
also known as
Hui-Hung Sie
also known as
Gina Liu
represented byMilo Silberstein 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

Hugh Hu Mo 
(See above for address) 
TERMINATED: 01/27/2016

Maria Louisa Bianco 
(See above for address) 
ATTORNEY TO BE NOTICED

Pedro Medina , Jr 
(See above for address) 
TERMINATED: 01/27/2016
Defendant
Gina Hiu-Hung Liu 
as trustees or managers of Goodwill For Sang Lan Fund 
also known as
Hui-Hung Sie
also known as
Gina Liu
represented byMilo Silberstein 
(See above for address) 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

Hugh Hu Mo 
(See above for address) 
TERMINATED: 01/27/2016

Maria Louisa Bianco 
(See above for address) 
ATTORNEY TO BE NOTICED

Pedro Medina , Jr 
(See above for address) 
TERMINATED: 01/27/2016
Defendant
Hugh Hu Morepresented byHugh Hu Mo 
(See above for address) 
ATTORNEY TO BE NOTICED

Pedro Medina , Jr 
(See above for address) 
ATTORNEY TO BE NOTICED
Defendant
Does 1-30 
unknown defendants, jointly and severally

Date Filed#Docket Text
04/28/20111 COMPLAINT against AOL Time Warner, Inc., K.S. Gina Hiu-Hung, K.S. Liu, Riverstone Claims Management, LLC, TIG Insurance Company, TIG Specialty Insurance Solutions, The United States Gymnastics Federation, Ted Turner. (Filing Fee $ 350.00, Receipt Number 465401005294)Document filed by Sang Lan.(rdz) (nd). (Entered: 05/02/2011)
04/28/2011 SUMMONS ISSUED as to All Defendants. (rdz) (Entered: 05/02/2011)
04/28/2011 Magistrate Judge James C. Francis IV is so designated. (rdz) (Entered: 05/02/2011)
04/28/2011 Case Designated ECF. (rdz) (Entered: 05/02/2011)
05/13/20112 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Amend/Correct 1 Complaint. Document filed by Sang Lan. (Attachments: # 1 amended verified complaint)(Hai, Ming) Modified on 5/16/2011 (db). (Entered: 05/13/2011)
05/13/2011 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 2 HAS BEEN REJECTED. Note to Attorney Ming Hai : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db) (Entered: 05/16/2011)
05/13/20114 AMENDED COMPLAINT amending 1 Complaint, against AOL Time Warner, Inc., K.S. Gina Hiu-Hung, K.S. Liu, Riverstone Claims Management, LLC, TIG Insurance Company, TIG Specialty Insurance Solutions, The United States Gymnastics Federation, Ted Turner, Wilson Xue, Hugh Mo, John Does and Jane Does #1 through 15, Inclusive with JURY DEMAND.Document filed by Sang Lan. Related document: 1 Complaint, filed by Sang Lan.(cd) (nd). (Entered: 05/17/2011)
05/17/20113 NOTICE OF CASE REASSIGNMENT to Judge Leonard B. Sand. Judge Thomas P. Griesa is no longer assigned to the case. (sjo) (Entered: 05/17/2011)
05/20/20115 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Ted Turner. Document filed by Sang Lan. (Hai, Ming) Modified on 5/23/2011 (dt). (Entered: 05/20/2011)
05/20/20116 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Hugh Mo served on 5/20/2011, answer due 6/10/2011. Service was accepted by Hugh Mo. Document filed by Sang Lan. (Hai, Ming) (Entered: 05/20/2011)
05/23/2011 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Ming Hai Document 5 Notice of Voluntary Dismissal, was referred to Judge Leonard B. Sand for approval. (dt) (Entered: 05/23/2011)
05/24/20117 NOTICE OF VOLUNTARY DISCONTINUANCE AS AGAINST TED TURNER, the plaintiff, through her attorney, hereby voluntarily discontinues any and all claims/cause of actions as against Ted Turner in this action with prejudice. (Signed by Judge Leonard B. Sand on 5/24/11) (pl) (Entered: 05/24/2011)
05/27/20118 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of Hugh Mo (Mo, Hugh) (Entered: 05/27/2011)
06/02/20119 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Leonard B. Sand on 6/2/2011) (jpo) (Entered: 06/02/2011)
06/02/201110 ENDORSED LETTER addressed to Judge Leonard B. Sand from Hugh H. Mo dated 5/27/11 re: Counsel requests that Your Honor grant application to extend the undersigned parties' time to answer or otherwise respond to plaintiff's Amended Complaint until 60 days after plaintiff also serves her Amended Complaint upon the Liu's. ENDORSEMENT: Defendant Mo's time to answer or move with respect to the amended complaint is extended to July 15, 2011, Hugh Mo answer due 7/15/2011. (Motions due by 7/15/2011.) (Signed by Magistrate Judge James C. Francis on 6/2/11) (djc) (Entered: 06/02/2011)
06/06/201111 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Riverstone Claims Management, LLC served on 6/6/2011, answer due 6/27/2011. Service was accepted by Axia Flores. Service was made by Mail, too. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/06/2011)
06/06/201112 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. TIG Insurance Company served on 6/6/2011, answer due 6/27/2011. Service was accepted by Axia Flores. Service was made by Mail, too. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/06/2011)
06/06/201113 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. TIG Specialty Insurance Solutions served on 6/6/2011, answer due 6/27/2011. Service was accepted by Aixa Flores. Service was made by Mail, too. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/06/2011)
06/06/201114 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was made by certified mail for additional service. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/06/2011)
06/06/201115 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was made by certified mail for additional service. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/06/2011)
06/08/201116 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct Amended Complaint. Document filed by Sang Lan. (Attachments: # 1 Affidavit attorney declaration, # 2 2nd amended complaint, # 3 Affidavit affidavit of service of motion)(Hai, Ming) Modified on 6/9/2011 (ldi). (Entered: 06/08/2011)
06/08/201117 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct Amended Complaint. Document filed by Sang Lan. (Attachments: # 1 Affidavit attorney declaration, # 2 2nd Amended Complaint, # 3 Affidavit Exhibit A: affidavit by Ping Lu, # 4 Exhibit Exhibit B: statement by Gina Liu, # 5 Affidavit Affidavit of Service of motion papers)(Hai, Ming) Modified on 6/9/2011 (ldi). (Entered: 06/08/2011)
06/08/2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ming Hai to RE-FILE Document 17 FIRST MOTION to Amend/Correct Amended Complaint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. NOTE: Only re-file one motion, and declaration with attachments. (ldi) (Entered: 06/09/2011)
06/09/201118 FIRST MOTION to Amend/Correct Amended Complaint. Document filed by Sang Lan.(Hai, Ming) (Entered: 06/09/2011)
06/09/201119 AFFIRMATION of Ming Hai in Support re: 18 FIRST MOTION to Amend/Correct Amended Complaint.. Document filed by Sang Lan. (Attachments: # 1 2nd Amended Complaint, #2 Exhibit Ping Lu Affidavit, # 3 Exhibit Gina Liu Statement, # 4 Affidavit Affidavit of Service of Motion Papers)(Hai, Ming) (Entered: 06/09/2011)
06/14/201120 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - RESPONSE to Motion re: 18 FIRST MOTION to Amend/Correct Amended Complaint. Document filed by Sang Lan. (Attachments: # 1 Exhibit Opposing counsel Hugh Mo's response)(Hai, Ming) Modified on 6/14/2011 (ldi). (Entered: 06/14/2011)
06/14/2011 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 20 HAS BEEN REJECTED. Note to Attorney Ming Hai : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi) (Entered: 06/14/2011)
06/15/201121 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Ming Hai dated 6/14/2011 re: Counsel for the Plaintiff writes to inform the Court that opposing counsel will not be opposing the Plaintiff's motion to amended the amended complaint. ENDORSEMENT: Plaintiffs' motion to amend (Docket no. 18) is granted as unopposed. Plaintiff shall promptly serve and file the Amended Complaint. Judges initials are to appear on ALL papers submitted to this Court. (Signed by Magistrate Judge James C. Francis on 6/14/2011) (ab) (Entered: 06/15/2011)
06/16/201122 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. K.S. Gina Hiu-Hung served on 6/6/2011, answer due 6/27/2011. Service was made by Posted to the door and mail. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/16/2011)
06/16/201123 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. K.S. Liu served on 6/6/2011, answer due 6/27/2011. Service was made by fix and mail. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/16/2011)
06/16/201124 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Wilson Xue served on 6/6/2011, answer due 6/27/2011. Service was made by fix and mail. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/16/2011)
06/16/201125 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of K.S. Gina Hiu-Hung (Mo, Hugh) (Entered: 06/16/2011)
06/16/201126 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of K.S. Liu (Mo, Hugh) (Entered: 06/16/2011)
06/16/201127 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of Wilson Xue (Mo, Hugh) (Entered: 06/16/2011)
06/17/201132 AMENDED COMPLAINT against AOL Time Warner, Inc., John Does and Jane Does #1 through 15, Inclusive, Gina Liu, K.S. Liu, Hugh Mo, Riverstone Claims Management, LLC, Winston Sie, TIG Insurance Company, TIG Specialty Insurance Solutions, The United States Gymnastics Federation, Ted Turner with JURY DEMAND. Document filed by Sang Lan. (ft) (Additional attachment(s) added on 5/7/2014: # 1 Exhibit) (nd). (Entered: 06/20/2011)
06/17/2011 SUMMONS ISSUED as to AOL Time Warner, Inc., John Does and Jane Does #1 through 15, Inclusive, Gina Liu, K.S. Liu, Hugh Mo, Riverstone Claims Management, LLC, Winston Sie, TIG Insurance Company, TIG Specialty Insurance Solutions, The United States Gymnastics Federation, Ted Turner. (ft) (Entered: 06/20/2011)
06/19/201128 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6). Document filed by K.S. Gina Hiu-Hung, K.S. Liu, Hugh Mo, Wilson Xue.(Mo, Hugh) (Entered: 06/19/2011)
06/19/201129 DECLARATION of Franklin K. Chiu in Support re: 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by K.S. Gina Hiu-Hung, K.S. Liu, Hugh Mo, Wilson Xue. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Mo, Hugh) (Entered: 06/19/2011)
06/19/201130 MEMORANDUM OF LAW in Support re: 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by K.S. Gina Hiu-Hung, K.S. Liu, Hugh Mo, Wilson Xue. (Mo, Hugh) (Entered: 06/19/2011)
06/19/201131 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Declaration in Support, Exhibits and Memorandum of Law in Support served on Plaintiff Sang Lan on 06/19/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, K.S. Liu, Hugh Mo, Wilson Xue. (Mo, Hugh) (Entered: 06/19/2011)
06/23/201133 STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel, that the time for defendants TIG Insurance Company, TIG Specialty Insurance Solutions and SilverStone Claims Management, LLC, to answer, move or otherwise respond to plaintiff's Summons and Second Amended Complaint in this action, be and the same hereby is extended to and including July 29, 2011. Defendants consent to the Jurisdiction of the Court. (Riverstone Claims Management, LLC answer due 7/29/2011; TIG Insurance Company answer due 7/29/2011; TIG Specialty Insurance Solutions answer due 7/29/2011).( Motions due by 7/29/2011.) (Signed by Magistrate Judge James C. Francis on 6/23/11) (djc) (Entered: 06/23/2011)
06/24/201134 FIRST MOTION to Dismiss for Lack of Jurisdiction. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue.(Mo, Hugh) (Entered: 06/24/2011)
06/24/201135 MEMORANDUM OF LAW in Support re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Mo, Hugh) (Entered: 06/24/2011)
06/24/201136 DECLARATION of Franklin K. Chiu, Esq. in Support re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Mo, Hugh) (Entered: 06/24/2011)
06/24/201137 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss Action FRCP 12(b)(1), Memorandum of Law, Declaration and Exhibits served on Plaintiff Sang lan on 06/24/2011. Service was made by MAIL. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Mo, Hugh) (Entered: 06/24/2011)
06/27/201138 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Winston Sie. Document filed by Sang Lan. (Hai, Ming) Modified on 6/28/2011 (dt). (Entered: 06/27/2011)
06/28/2011 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Ming Hai for noncompliance with Section (18.4) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 38 Notice of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt) (Entered: 06/28/2011)
06/28/201139 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) AOL Time Warner, Inc.. Document filed by Sang Lan. (Hai, Ming) Modified on 6/29/2011 (ml). (Entered: 06/28/2011)
06/28/201140 NOTICE OF VOLUNTARY DISCONTINUANCE AGAINST WINSTON SIE: Please take notice that the plaintiff, through her attorney, hereby voluntarily discontinues this action against Winston Sie without prejudice, on the ground that Sie's counsel Hugh Mo has provided new evidences indicating that Winston Sie has been living in a foreign country since February, 2002. This Notice has been served on Hugh Mo via ECF and mail on the date below by the undersigned. ENDORSEMENT: So Ordered. (Signed by Judge Leonard B. Sand on 6/28/2011) (mbe) (Entered: 06/28/2011)
06/29/2011 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Ming Hai Document 39 Notice of Voluntary Dismissal, was referred to Judge Leonard B. Sand for approval. (ml) (Entered: 06/29/2011)
06/29/201141 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) AOL Time Warner, Inc.. (Signed by Judge Leonard B. Sand on 6/29/2011) (jpo) (Entered: 06/29/2011)
07/06/201142 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated 6/28/11 re: Defendants respectfully submit that this Court should deny Attorney Hai's request for an extension of time to cure the deficiencies of Plaintiff's Action as referenced in Defendants' Rule 11 Motion, because it is an independent application that does not rely upon the outcome of Defendants' two pending Motions to Dismiss under Rules 12(b)(1) and 12(b)(6). ENDORSEMENT: As no Rule 11 motion is currently pending, there is no deadline to be extended. So ordered. (Signed by Magistrate Judge James C. Francis on 7/6/11) (rjm) (Entered: 07/06/2011)
07/06/201143 SECOND MOTION to Amend/Correct 32 Amended Complaint,. Document filed by Sang Lan.(Hai, Ming) (Entered: 07/06/2011)
07/06/201144 DECLARATION of Ming Hai in Support re: 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,.. Document filed by Sang Lan. (Attachments: # 1 amended complaint, # 2 Exhibit A, affidavit of Ping Lu, # 3 Exhibit B, statement of Gina Liu, # 4 Exhibit C, commercials by using Sang Lan's image, etc., # 5 Affidavit of service of Motion with supporting documents)(Hai, Ming) (Entered: 07/06/2011)
07/08/201145 ENDORSED LETTER: addressed to Magistrate Judge James C. Francis from Hugh H. Mo dated 7/8/2011 re: Plaintiff has recently filed a Second Motion to Amend Plaintiff's Amended Complaint, and the parties have agreed to a briefing schedule that defendants will submit opposition to said Motion by July 29, 2011, and Plaintiff's reply by August 12. 2011. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge James C. Francis on 7/8/11) (js) (Entered: 07/08/2011)
07/11/201146 ENDORSED LETTER addressed to Judge Leonard B. Sand from Hugh H. Mo dated 6/30/11 re: Defendants have filed two Motions to Dismiss pursuant to Fed. R. Civ. P. Rule 12(b)(6) and Rule 12(b)(1), on June 19 and 24, 2011, Docket Entries #28 and #34, respectively. We have conferred with plaintiff's counsel regarding a joint briefing schedule for both of these motions, and have reached an agreement on consent that: Plaintiff's answering papers to both motions must be served on or before July 25, 2011; and, Defendants' reply papers as to both motions must be served on or before August 5, 2011. ENDORSEMENT: Oral argument will be scheduled upon resolution of motion to amend. So ordered (Signed by Judge Leonard B. Sand on 7/6/11) (djc) (Entered: 07/11/2011)
07/12/201147 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue.(Mo, Hugh) (Entered: 07/12/2011)
07/12/201148 DECLARATION of Franklin K. Chiu, Esq. in Support re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mo, Hugh) (Entered: 07/12/2011)
07/12/201149 MEMORANDUM OF LAW in Support re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Mo, Hugh) (Entered: 07/12/2011)
07/12/201150 CERTIFICATE OF SERVICE of Notice of Motion for Sanctions, Memorandum of Law in Support, Declaration of Franklin K. Chiu, and exhibits annexed thereto served on Plaintiff Sang Lan on 06/19/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Mo, Hugh) (Entered: 07/12/2011)
07/13/201151 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED That, as no party hereto is an infant or incompetent, this action and all claims asserted therein are vohuntarily dismissed with prejudice and with no order of costs or attorney's fees to either party. (Signed by Judge Leonard B. Sand on 7/13/2011) (jfe) Modified on 7/18/2011 (djc). (Entered: 07/13/2011)
07/18/201152 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Ming Hai dated 7/15/11 re: counsel for plaintiff respectfully requests an extension of time for the plaintiff/her attorney to submit an opposition to Defendants Rule 11 Sanction Motion for 90 days or until determinations of the two pending "Motions to Dismiss", whichever is later. ENDORSEMENT: Application denied. Plaintiff shall answer the Rule 11 motion by July 29, 2011, and defendants shall reply by August 5, 2011. ( Responses due by 7/29/2011, Replies due by 8/5/2011.) (Signed by Magistrate Judge James C. Francis on 7/18/11) (pl) (Entered: 07/18/2011)
07/18/201153 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED AS BETWEEN PLAINTIFF SANG LAN and the DEFENDANTS, TIG INSURANCE COMPANY, TIG SPECIALTY INSURANCE SOLUTIONS, RIVERSTONE CLAIMS MANAGEMENT, LLC and THE UNITED STATES GYMNASTICS FEDERATION D/B/A USA GYMNASTICS, as follows: That, as no party hereto is an infant or incompetent, this action and all claims asserted therein are voluntarily dismissed with prejudice and with no order of costs or attorney's fees to either party. (Signed by Judge Leonard B. Sand on 7/18/2011) (jfe) (Entered: 07/18/2011)
07/19/201154 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) - Motion to Dismiss and Specific Non-Dispositive Motion/Dispute - Motion for Sanctions. Referred to Magistrate Judge James C. Francis. Motions referred to James C. Francis. (Signed by Judge Leonard B. Sand on 7/18/11) (rjm) (Entered: 07/19/2011)
07/22/201155 AFFIDAVIT of Sang Lan in Opposition re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction., 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by Sang Lan. (Attachments: # 1 3rd Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Affidavit of service)(Hai, Ming) (Entered: 07/22/2011)
07/22/201156 AFFIRMATION of Ming Hai in Opposition re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction., 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by Sang Lan. (Attachments: # 1 Exhibit O, # 2 Exhibit P, # 3 Affidavit of Service)(Hai, Ming) (Entered: 07/22/2011)
07/25/201157 FILING ERROR - DUPLICATED DOCKET ENTRY (SEE DOCUMENT #59) - AFFIRMATION of attorney Ming Hai in Opposition re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction., 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6). Document filed by Sang Lan. (Attachments: # 1 Exhibit O, # 2 Exhibit P)(Hai, Ming) Modified on 7/25/2011 (ldi). Modified on 7/28/2011 (lb). (Entered: 07/25/2011)
07/25/201158 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #59) - AFFIRMATION of Attorney Ming Hai in corrected version in Opposition re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction., 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by Sang Lan. (Attachments: # 1 Exhibit O, # 2 Exhibit P, # 3 Affidavit of Service)(Hai, Ming) Modified on 7/28/2011 (lb). (Entered: 07/25/2011)
07/28/201159 AFFIRMATION of Ming Hai in Opposition re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq.. Document filed by Sang Lan. (Attachments: # 1Exhibit A, 3rd Amended Complaint, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Certificate of Translation, # 9 Affidavit of Service)(Hai, Ming) (Entered: 07/28/2011)
07/28/201160 AFFIDAVIT of Sang Lan in Opposition re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq.. Document filed by Sang Lan. (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13Exhibit M, # 14 Exhibit N, # 15 Affidavit Service)(Hai, Ming) (Entered: 07/28/2011)
07/29/201161 MEMORANDUM OF LAW in Opposition re: 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 07/29/2011)
07/29/201162 DECLARATION of Franklin K. Chiu in Opposition re: 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Attachments: # 1 Exhibit Plaintiff's Initial Complaint, # 2 Exhibit Plaintiff's First Amended Complaint, # 3 Exhibit Plaintiff's Second Amended Complaint, # 4 Exhibit Plaintiff's Affidavit in Opposition to Defendants' Motions to Dismiss, # 5 Exhibit Plaintiff's Attorney's Affirmation in Opposition to Defendants' Motions to Dismiss, # 6 Exhibit 5/12/11 AP Article)(Mo, Hugh) (Entered: 07/29/2011)
07/29/201163 CERTIFICATE OF SERVICE of Memorandum of Law, Declaration of Franklin K. Chiu, and exhibits annexed thereto, in Opposition to Plaintiff's Second Motion for Leave to Amend and File a Third Amended Complaint served on Plaintiff Sang Lan on 07/29/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 07/29/2011)
08/05/201164 REPLY MEMORANDUM OF LAW in Support re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/05/2011)
08/05/201165 CERTIFICATE OF SERVICE of Memorandum of Law in Reply and In Further Support of Motion to Dismiss pursuant to Fed. R. Civ. P. Rule 12(b)(1) served on Plaintiff on 08/05/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/05/2011)
08/05/201166 REPLY MEMORANDUM OF LAW in Support re: 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/05/2011)
08/05/201167 CERTIFICATE OF SERVICE of Memorandum of Law in Reply and in Further Support of Motion to Dismiss pursuant to Fed. R. Civ. P. Rule 12(b)(6) served on Plaintiff on 08/05/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/05/2011)
08/05/201168 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Attachments: # 1 Affidavit Declaration of Hugh H. Mo in Reply and in Further Support of Defendants' Motion for Sanctions)(Mo, Hugh) Modified on 8/8/2011 (ldi). (Entered: 08/05/2011)
08/05/201169 CERTIFICATE OF SERVICE of Memorandum of Law, and accompanying Declaration of Hugh H. Mo, in Reply and in Further Support of Defendants' Motion for Sanctions pursuant to Fed. R. Civ. P. Rule 11 served on Plaintiff on 08/05/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/05/2011)
08/05/2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Hugh Hu Mo to RE-FILE Document 68 Reply Memorandum of Law in Support of Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 08/08/2011)
08/08/201170 DECLARATION of Hugh H. Mo in Support re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/08/2011)
08/08/201171 REPLY AFFIRMATION of Ming Hai in Support re: 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,.. Document filed by Sang Lan. (Attachments: # 1 Affidavit of service)(Hai, Ming) (Entered: 08/08/2011)
08/08/201172 REPLY AFFIDAVIT of SANG LAN in Support re: 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Affidavit OF SERVICE)(Hai, Ming) (Entered: 08/08/2011)
08/31/201173 MOTION for Ming Hai to Withdraw as Attorney for plaintiff. Document filed by Sang Lan. Return Date set for 9/15/2011 at 09:30 AM.(Hai, Ming) (Entered: 08/31/2011)
08/31/201174 AFFIDAVIT of Ming Hai in Support re: 73 MOTION for Ming Hai to Withdraw as Attorney for plaintiff.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3Exhibit C, # 4 Exhibit D, # 5 Affidavit of Service, # 6 Affidavit of Additional Service by FedEx)(Hai, Ming) (Entered: 08/31/2011)
08/31/201175 AFFIDAVIT of Rachel Yang in Support re: 73 MOTION for Ming Hai to Withdraw as Attorney for plaintiff.. Document filed by Sang Lan. (Attachments: # 1 Affidavit of Service, # 2Affidavit of additional service by FedEx)(Hai, Ming) (Entered: 08/31/2011)
09/01/201176 ORDER: that plaintiff and defendants shall submit any response to the motion no later than 9/16/2011 and Ming Hai shall reply by 9/23/2011. (Signed by Magistrate Judge James C. Francis on 9/1/2011) (ft) (Entered: 09/01/2011)
09/08/201177 RESPONSE to Motion re: 73 MOTION for Ming Hai to Withdraw as Attorney for plaintiff.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 09/08/2011)
09/19/201178 REPLY to Response to Motion re: 73 MOTION for Ming Hai to Withdraw as Attorney for plaintiff.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3Exhibit C, # 4 Exhibit D, # 5 Exhibit E of emails of Sang Lan and Huang Jian, # 6 Affidavit of Service)(Hai, Ming) (Entered: 09/19/2011)
10/12/201179 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James C. Francis. (Signed by Judge Leonard B. Sand on 10/11/2011) (ama) (Entered: 10/12/2011)
10/31/201180 MEMORANDUM AND ORDER granting 73 Motion to Withdraw as Attorney. Attorney Ming Hai terminated. Because plaintiff's counsel proffers satisfactory reasons for requesting to be relieved pursuant to Local Civil Rule 1.4, and because his withdrawal will not unnecessarily delay the proceedings, his motion to withdraw is granted. The Court shall, however, retain jurisdiction over Mr. Hai in connection with the defendant's motion for sanctions, which will be considered in conjunction with the pending motions to amend and dismiss. Mr. Hai shall immediately deliver a copy of this Order to the plaintiff and turn over to the plaintiff all documents in his possession related to this litigation. By 12/15/2011, the plaintiff shall appear by new counsel or shall advise the Court in writing that she intends to proceed pro se. (Signed by Magistrate Judge James C. Francis on 10/31/2011) Copies Mailed By Chambers. (ae) (Entered: 10/31/2011)
11/21/201181 REPORT AND RECOMMENDATION: Plaintiff's motion to amend the complaint (Docket no. 43) should be granted. The defendants motion to dismiss for lack of subject matter jurisdiction (Docket no. 34) should be denied. The defendants motion to dismiss for failure to state a claim (Docket no. 28) should be granted with regard to the plaintiffs claims for defamation against Mr. Mo and Ms. Liu, civil conspiracy, primafacie tort, promissory estoppel, intentional infliction of emotional distress, negligent infliction of emotional distress, and eight of her ten alleged breaches of fiduciary duty. The motion should granted with leave for the plaintiff to re-plead with regard to her claims for unjust enrichment, conversion, and breach of fiduciary duty based on misappropriation of funds. The motion should be denied with respect to the plaintiffs claim for breach of fiduciary duty based on the defendants unauthorized use of her likeness in 2008, for invasion of privacy, and for defamation against Mr. Liu. The defendants motion for sanctions (Docket no. 47) should be denied without prejudice to being reviewed when the extent to which sanctions are proper becomes clear. Objections to R&R due by 12/8/2011 (Signed by Magistrate Judge James C. Francis on 11/21/2011) (ft) (Entered: 11/21/2011)
11/21/2011106 INTERNET CITATION NOTE: Material from decision with Internet citation re: 81 Report and Recommendations. (tro) (Entered: 05/31/2012)
12/05/201182 OBJECTION to 81 Report and Recommendations by the Magistrate Judge Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit D, # 4 Affidavit of Service)(Hai, Ming) (Entered: 12/05/2011)
12/08/201183 OBJECTION to 81 Report and Recommendations by Defendants Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Attachments: # 1Affidavit of Translation, # 2 Exhibit Photos of CD and Cover Pages, # 3 Exhibit English Translations)(Mo, Hugh) (Entered: 12/08/2011)
12/14/201184 MEMORANDUM: Having successfully moved to be relieved as an attorney after a motion to withdraw as attorney for plaintiff, Ming Hai has no standing to file any documents on behalf of plaintiff in this capacity. He seeks standing to file in the capacity of a party against whom defendants continue to seek monetary sanctions but his 23 page memorandum is not limited to the questions of this alleged liability. This document is not received on behalf of the plaintiff and will not be so regarded by this Court. If plaintiff wishes to file a document in response to the Magistrate's report she may do so by 1/31/2012 but not thereafter. Set Deadlines/Hearing as to (Objections to R&R due by 1/31/2012) (Signed by Judge Leonard B. Sand on 12/14/2011) (ft) (Entered: 12/15/2011)
12/15/201185 NOTICE OF APPEARANCE by X. Bing Xu on behalf of Sang Lan (Xu, X. Bing) (Entered: 12/15/2011)
12/15/201186 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 12/15/2011)
01/23/201287 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Ming Hai to turn over documents. Document filed by Sang Lan. Return Date set for 2/23/2012 at 09:00 AM. (Attachments: # 1 Affidavit Affirmation in support of Motion to Compel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Supplement Case, # 8Supplement Case2)(Xu, X. Bing) Modified on 1/24/2012 (ldi). (Entered: 01/23/2012)
01/23/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney X. Bing Xu to RE-FILE Document 87 MOTION to Compel Ming Hai to turn over documents. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 01/24/2012)
01/24/201288 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Sang Lan in Support re: 87 MOTION to Compel Ming Hai to turn over documents. Document filed by Sang Lan. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Xu, X. Bing) Modified on 1/24/2012 (ldi). (Entered: 01/24/2012)
01/24/201289 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Sang Lan's former attorney Ming Hai in Opposition re: 87 MOTION to Compel Ming Hai to turn over documents.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hai, Ming) Modified on 1/24/2012 (ldi). (Entered: 01/24/2012)
01/24/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney X. Bing Xu to RE-FILE Document 88 Affirmation in Support of Motion. ERROR(S): Document linked to filing error. (ldi) (Entered: 01/24/2012)
01/24/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ming Hai to RE-FILE Document 89 Affirmation in Opposition to Motion. ERROR(S): Document linked to filing error. (ldi) (Entered: 01/24/2012)
01/24/201290 MOTION to Compel Ming Hai to Turn Over Documents. Document filed by Sang Lan.(Xu, X. Bing) Modified on 8/8/2013 (lmb). (Entered: 01/24/2012)
01/24/201291 AFFIRMATION of X. Bing Xu, Esquire in Support re: 90 MOTION to Compel Ming Hai to Turn Over Documents.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Xu, X. Bing) (Entered: 01/24/2012)
01/24/201292 AFFIRMATION of Sang Lan in Support re: 90 MOTION to Compel Ming Hai to Turn Over Documents.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3Exhibit B1, # 4 Exhibit B1 translation)(Xu, X. Bing) (Entered: 01/24/2012)
01/25/201293 AFFIRMATION of Sang Lan's former attorney Ming Hai in Opposition re: 90 MOTION to Compel Ming Hai to Turn Over Documents.. Document filed by Sang Lan. (Attachments: #1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hai, Ming) (Entered: 01/25/2012)
01/26/201294 RESPONSE re: 81 Report and Recommendations,,,,, 84 Order, Set Motion and R&R Deadlines/Hearings,,,,,,. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 01/26/2012)
02/03/201295 ORDER: Settlement Conference set for 2/27/2012 at 09:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 2/3/2012) Copies Mailed By Chambers. (cd) (Entered: 02/03/2012)
02/27/2012 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 2/27/2012. (js) (Entered: 02/29/2012)
03/02/201296 STIPULATION AND ORDER OF PARTIAL DISMISSAL OF RULE 11 MOTION: the undersigned counsel hereby consents to the partial dismissal of their pending Motion for Sanctions. pursuant to Fed. R. Civ. P. Rule 11, only as against attorney Ming Hai, Esq., with prejudice, and without costs, expenses or attorneys' fees to any of the parties as against the other, and pursuant to the attached Agreement of Settlement, with the settlement amount redacted. (Signed by Magistrate Judge James C. Francis on 3/2/2012) (pl) Modified on 3/5/2012 (pl). (Main Document 96 replaced on 3/6/2012, See Page 3 replaced. See Endorsed Letter 97 which ordered that this page be replaced.) (tro). Modified on 3/6/2012 (tro). (Main Document 96 replaced on 3/7/2012, pursuant to instructions from Chambers, page 3 redacted) (tro). Modified on 3/7/2012 (tro). (Entered: 03/05/2012)
03/06/201297 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated 3/4/2012 re: We kindly ask the Court to replace the first page of the Settlement Agreement with the enclosed copy, which includes a footnote. ENDORSEMENT: Application granted. The Settlement Agreement and release is amended accordingly. So ordered. (Signed by Magistrate Judge James C. Francis on 3/6/2012) (rjm) (Main Document 97 replaced on 3/7/2012, as per Chamber's instructions, page 2 redacted version) (tro). Modified on 3/7/2012 (tro). (Entered: 03/06/2012)
04/23/2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney X. Bing Xu for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, to: caseopenings@nysd.uscourts.gov. (rjm) (Entered: 04/23/2012)
04/23/2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney X. Bing Xu for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 4 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (rjm) (Entered: 04/23/2012)
04/23/2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney X. Bing Xu to E-MAIL the PDF for Document 32 Amended Complaint to: caseopenings@nysd.uscourts.gov. All pdfs must include case number and corresponding document number. (rjm) (Entered: 04/23/2012)
05/09/201298 MEMORANDUM AND ORDER: for 47 Motion for Sanctions filed by Winston Sie, K.S. Gina Hiu-Hung, K.S. Liu, Gina Liu, Wilson Xue, Hugh Mo, 81 Report and Recommendations, 34 Motion to Dismiss/Lack of Jurisdiction filed by Winston Sie, K.S. Gina Hiu-Hung, K.S. Liu, Gina Liu, Wilson Xue, Hugh Mo, 28 Motion to Dismiss Case as Frivolous filed by K.S. Gina Hiu-Hung, K.S. Liu, Wilson Xue, Hugh Mo, 43 Motion to Amend/Correct filed by Sang Lan. For the above reasons, Defendants' motion for sanctions against Plaintiff is denied: Defendants' motion to dismiss Count 9 is granted with leave to replead; and Defendants' motion to dismiss Count 10 is granted with respect to Hugh Mo and denied with respect to K.S. Liu and Gina Liu. In all other respects, Judge Francis's R&R is affirmed. (Signed by Judge Leonard B. Sand on 5/9/2012) (jfe) (Entered: 05/09/2012)
05/10/201299 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION to Set Aside 96 Stipulation and Order of Dismissal,,, by Ming Hai, former attorney for Plainitff. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Errata C, # 4 Exhibit D, # 5 Affidavit of Service)(Hai, Ming) Modified on 5/11/2012 (ldi). (Entered: 05/10/2012)
05/10/2012 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 99 HAS BEEN REJECTED. Note to Attorney Ming Hai : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi) (Entered: 05/11/2012)
05/11/2012100 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Set Aside 96 Stipulation and Order of Dismissal,,, by Ming Hai, former attorney for plaintiff. Document filed by Sang Lan.(Hai, Ming) Modified on 5/14/2012 (db). (Entered: 05/11/2012)
05/11/2012101 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Ming Hai in Support re: 100 FIRST MOTION to Set Aside 96 Stipulation and Order of Dismissal,,, by Ming Hai, former attorney for plaintiff.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Affidavit of Service)(Hai, Ming) Modified on 5/14/2012 (db). (Entered: 05/11/2012)
05/14/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ming Hai to RE-FILE Document 100 FIRST MOTION to Set Aside 96 Stipulation and Order of Dismissal, by Ming Hai, former attorney for plaintiff. FIRST MOTION to Set Aside 96 Stipulation and Order of Dismissal,by Ming Hai, former attorney for plaintiff. ERROR(S): No signature or s/. (db) (Entered: 05/14/2012)
05/14/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ming Hai to RE-FILE Document 101 Affirmation in Support of Motion. ERROR(S): Document linked to filing error. (db) (Entered: 05/14/2012)
05/14/2012102 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Ming Hai's 5/10/2012 Motion to Set Aside Stipulation and Order of Dismissal. Referred to Magistrate Judge James C. Francis. (Signed by Judge Leonard B. Sand on 5/14/2012) (cd) (Entered: 05/14/2012)
05/14/2012103 MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,. Document filed by Ming Hai.(Hai, Ming) (Entered: 05/14/2012)
05/14/2012104 AFFIRMATION of Ming Hai in Support re: 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,.. Document filed by Ming Hai. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Affidavit of Service)(Hai, Ming) (Entered: 05/14/2012)
05/14/2012 Transmission to Case Assignment Clerk. Transmitted re: 102 Order Referring Case to Magistrate Judge, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (cd) (Entered: 05/29/2012)
05/29/2012105 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge James C. Francis, for Specific Non-Dispositive Motion/Dispute. Magistrate Judge James C. Francis no longer referred to the case. (sjo) (Entered: 05/29/2012)
06/05/2012107 ORDER: Set Deadlines/Hearing as to 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal:( Responses due by 6/29/2012, Replies due by 7/13/2012.) (Signed by Magistrate Judge James C. Francis on 6/5/2012) Copies Mailed By Chambers. (cd) (Entered: 06/05/2012)
06/05/2012 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 6/5/2012. (cd) (Entered: 06/06/2012)
06/29/2012108 MEMORANDUM OF LAW in Opposition re: 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 06/29/2012)
06/29/2012109 DECLARATION of Hugh H. Mo in Opposition re: 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Exhibit "D", # 5 Exhibit "E", # 6 Exhibit "F")(Mo, Hugh) (Entered: 06/29/2012)
07/03/2012110 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Attorney Hai's Motion to Set Aside Settlement, Declaration of Hugh H. Mo, Esq., and exhibits served on SANG LAN and MING HAI, ESQ. on 06/29/12. Service was made by MAIL. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 07/03/2012)
07/12/2012111 REPLY AFFIRMATION of Ming Hai in Support re: 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,.. Document filed by Ming Hai. (Attachments: # 1 Exhibit A, #2 Exhibit B, # 3 Exhibit C, # 4 Affidavit of Service)(Hai, Ming) (Entered: 07/12/2012)
07/25/2012112 ORDER: A pretrial conference having been held by telephone on July 25, 2012, it is hereby ORDERED as follows: 1. Any motion to amend the pleadings shall be served and filed by October 7, 2012. 2. All discovery shall be completed by February 28, 2013. 3. The pretrial order shall be submitted by March 29, 2013 unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. ( Discovery due by 2/28/2013. Motions due by 10/7/2012. Pretrial Order due by 3/29/2013.) (Signed by Magistrate Judge James C. Francis on 7/25/2012) Copies Mailed By Chambers. (ja) (Entered: 07/25/2012)
08/13/2012113 REPORT AND RECOMMENDATION: re: 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal, filed by Ming Hai. For the reasons set forth above, Mr. Hais motion to rescind the settlement agreement (Docket no. 103) should be denied. Objections to R&R due by 8/30/2012 (Signed by Magistrate Judge James C. Francis on 8/13/2012) Copies Mailed By Chambers. (jfe) (Entered: 08/14/2012)
08/27/2012114 OBJECTION to 113 Report and Recommendations Document filed by Ming Hai. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Affidavit of Service)(Hai, Ming) (Entered: 08/27/2012)
10/05/2012115 MOTION to Add Party(ies) Time Warner, Inc.. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 10/05/2012)
10/05/2012116 AFFIRMATION of X. Bing Xu, Esquire in Support re: 115 MOTION to Add Party(ies) Time Warner, Inc... Document filed by Sang Lan. (Attachments: # 1 Supplement 4th Amended Complaint, # 2 Exhibit exhibit a-f to cpl, # 3 Exhibit exhibit g-j to cpl, # 4 Exhibit exhibit k-m to cpl)(Xu, X. Bing) (Entered: 10/05/2012)
11/05/2012118 JOINT STIPULATION AND ORDER ON BRIEFING SCHEDULE: Time Warner, the Liu's, and Attorney Mo wish to proceed directly to motions challenging the allegations in the Fourth Amended Complaint. Time Warner, the Liu's, and Attorney Mo take no position Plaintiff's Motion to Add Party. Accordingly, Plaintiffs Motion to Add Party (Docket No. 115) is granted and the Fourth Amended Complaint shall be deemed filed as of the date of this Stipulation. This Stipulation may be executed in two or more counterparts, each of which shall be deemed an original including facsimile, copy or email forms, and all of which together shall constitute one and the same document. SO ORDERED. John Does and Jane Does #1 through 15, Inclusive answer due 12/14/2012; Gina Liu answer due 12/14/2012; K.S. Liu answer due 12/14/2012; Hugh Mo answer due 12/14/2012; Ted Turner answer due 12/14/2012.( Responses due by 1/30/2013, Replies due by 2/27/2013.) (Signed by Magistrate Judge James C. Francis on 11/05/2012) (ama) (Entered: 11/05/2012)
11/20/2012119 FOURTH AMENDED COMPLAINT amending 32 Amended Complaint, against Time Warner, Inc., Keo-Sung Liu, Gina Hiu-Hung Liu, Gina Hiu-Hung Liu, Hugh Hu Mo, Does 1-30 with JURY DEMAND.Document filed by Sang Lan. Related document: 32 Amended Complaint, filed by Sang Lan.(mro) (Additional attachment(s) added on 12/17/2012: # 1 Exhibit A to F, # 2 Exhibit g j, # 3 Exhibit k m) (sac). (Entered: 11/21/2012)
12/03/2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney X. Bing Xu for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 119 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (mro) (Entered: 12/03/2012)
12/06/2012120 MOTION for Alan W. Bakowski to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8038498. Motion and supporting papers to be reviewed by Clerk's Office staff.Document filed by Time Warner, Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order)(Bakowski, Alan) (Entered: 12/06/2012)
12/06/2012121 MOTION for James A. Lamberth to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8038667. Motion and supporting papers to be reviewed by Clerk's Office staff.Document filed by Time Warner, Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order)(Lamberth, James) (Entered: 12/06/2012)
12/06/2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 120 MOTION for Alan W. Bakowski to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8038498. Motion and supporting papers to be reviewed by Clerk's Office staff.121 MOTION for James A. Lamberth to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8038667. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 12/06/2012)
12/10/2012122 ORDER FOR ADMISSION PRO HAC VICE: granting 121 Motion for James A. Lamberth to Appear Pro Hac Vice. (Signed by Magistrate Judge James C. Francis on 12/10/2012) (djc) (Entered: 12/11/2012)
12/10/2012123 ORDER FOR ADMISSION PRO HAC VICE: granting 120 Motion for Alan W. Bakowski to Appear Pro Hac Vice. (Signed by Magistrate Judge James C. Francis on 12/10/2012) (djc) (Entered: 12/11/2012)
12/12/2012124 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Hugh H. Mo dated 12/12/2012 re: Defense counsel writes due to unforeseen circumstances and delays, including repercussions from Hurricane Sandy, the Individual Defendants respectfully ask Your Honor to grant, this application for a brief two-week extension of time to answer, move or otherwise respond to Plaintiff's Fourth Amended Complaint to December 28, 2012. This constitutes our first application as it pertains to the Fourth Amended Complaint. ENDORSEMENT: Application granted. So Ordered., K.S. Gina Hiu-Hung answer due 12/28/2012; Gina Hiu-Hung Liu(individually) answer due 12/28/2012; Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund) answer due 12/28/2012; Hugh Hu Mo answer due 12/28/2012. (Signed by Magistrate Judge James C. Francis on 12/12/2012) (ago) (Entered: 12/12/2012)
12/14/2012125 WAIVER OF SERVICE RETURNED EXECUTED. All Plaintiffs. Document filed by Time Warner, Inc.. (Xu, X. Bing) (Entered: 12/14/2012)
12/14/2012126 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Time Warner, Inc..(Bakowski, Alan) (Entered: 12/14/2012)
12/14/2012127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted. Document filed by Time Warner, Inc.. Responses due by 1/30/2013(Bakowski, Alan) (Entered: 12/14/2012)
12/14/2012128 MEMORANDUM OF LAW in Support re: 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Time Warner, Inc.. (Bakowski, Alan) (Entered: 12/14/2012)
12/14/2012129 DECLARATION of Alan W. Bakowski in Support re: 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Time Warner, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bakowski, Alan) (Entered: 12/14/2012)
12/27/2012130 MOTION to Dismiss FOURTH AMENDED COMPLAINT. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Hugh Mo. Responses due by 1/30/2013 (Attachments: # 1 Exhibit Letter Requesting Oral Argument)(Mo, Hugh) (Entered: 12/27/2012)
12/27/2012131 MEMORANDUM OF LAW in Support re: 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT.. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 12/27/2012)
12/27/2012132 DECLARATION of Hugh H. Mo, Esq. in Support re: 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT.. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Hugh Mo. (Attachments: # 1 Exhibit Exhibit "A")(Mo, Hugh) (Entered: 12/27/2012)
12/27/2012133 CERTIFICATE OF SERVICE of NOTICE OF MOTION TO DISMISS FOURTH AMENDED COMPLAINT, MEMORANDUM OF LAW IN SUPPORT, DECLARATION IN SUPPORT, AND EXHIBITS served on ALL PARTIES on 12/27/2012. Service was made by MAIL. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 12/27/2012)
01/29/2013134 ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV, from X. Bing Xu, dated 1/29/2013, re: request for additional time to file Plaintiff's response to defendants' Motion to Dismiss. ENDORSEMENT: Plaintiff is hereby granted extension of time to respond to Defendant Lius and Mo's Motion to Dismiss on or before February 15, 2013; Defendant Lius and Mo shall file their reply on or before March 1, 2013. Plaintiff is hereby granted extension of time to respond to Defendant Time Warner's Motion to Dismiss on or before February 15 2013; Defendant Time Warner shall file its reply on or before March 1, 2013. So Ordered. ( Motions due by 2/15/2013, Responses due by 2/15/2013, Replies due by 3/1/2013.) (Signed by Magistrate Judge James C. Francis on 1/29/2013) (ja) (Entered: 01/29/2013)
02/15/2013135 MEMORANDUM OF LAW in Opposition re: 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 02/15/2013)
02/15/2013136 MEMORANDUM OF LAW in Opposition re: 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT.. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 02/15/2013)
03/01/2013137 REPLY MEMORANDUM OF LAW in Support re: 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT.. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 03/01/2013)
03/01/2013138 CERTIFICATE OF SERVICE of Defendants' Reply Memorandum of Law served on Sang Lan and Time Warner, Inc. on 03/01/13. Service was made by MAIL. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Keo-Sung Liu, Hugh Mo. (Mo, Hugh) (Entered: 03/01/2013)
03/01/2013139 REPLY MEMORANDUM OF LAW in Support re: 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Time Warner, Inc.. (Bakowski, Alan) (Entered: 03/01/2013)
04/19/2013140 REPORT AND RECOMMENDATION re: 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted. 130MOTION to Dismiss FOURTH AMENDED COMPLAINT. For the foregoing reasons, I recommend that Time Warner's motion to dismiss (Docket no. 127) be granted in its entirety. I further recommend that the Individual Defendants motion to dismiss (Docket no. 130) be granted in part and denied in part.Specifically, I recommend that the Individual Defendants motion to dismiss be granted with respect to Count Five (Accounting as to Other Property); Count Six (Unjust Enrichment) to the extent that it pertains to the Other Property; Count Seven (Conversion) to the extent that it pertains to insurance proceeds; Count Eight (Breach of Fiduciary Duty against the Lius); Count Nine (Breach of Fiduciary Duty against Mr. Mo); Count Ten (Defamation) to the extent that it pertains to the statements set out in the Fourth Amended Complaint, 185(c) & (d), and the document (and its translation) attached to the Fourth Amended Complaint as part of Exh. M (the translation begins, Sang Lan got injured and paralysis at Goodwill Games held in New York in 1998); and Count Twelve(Cyberharassment). The motion should be denied in all other respects. Pursuant to 28 U.S.C. § 636(b) (1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objections to this Report and Recommendation. Objections to R&R due by 5/6/2013. Respectfully Submitted. (Signed by Magistrate Judge James C. Francis on 4/19/2013) Copies Mailed by Chambers. (rsh) Modified on 4/22/2013 (rsh). (Entered: 04/19/2013)
04/30/2013141 MEMORANDUM AND ORDER: ADOPTING REPORT AND RECOMMENDATIONS for 81 Report and Recommendations; 103 Motion to Set Aside filed by Ming Hai. Having reviewed the R&R and Hai's objections thereto, we adopt the R&R and deny Hai's motion. Any other argument made by Hai is meritless. There are no clear errors in the parts of the R&R to which Hai did not object. For the reasons set forth herein, we adopt Judge Francis's R&R and Hai's motion to set aside the Stipulation is DENIED. SO ORDERED. (Signed by Judge Leonard B. Sand on 4/30/2013) (ja) Modified on 4/30/2013 (ja). (Entered: 04/30/2013)
05/02/2013142 ENDORSED LETTER addressed to Judge Leonard B. Sand, from James A. Lamberth, dated 4/30/2013, re: Request for Extension or Enlargement of Time to File Responses or Objection to U.S. Magistrate Judge's Report and Recommendation of April 19, 2013. ENDORSEMENT: Parties are hereby granted extension of time to file their responses or objections to James C. Francis, IV, U.S. Magistrate Judge's Report and Recommendation on or before June 5, 2013. 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT127MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted. ( Responses due by 6/5/2013, Objections to R&R due by 6/5/2013) (Signed by Judge Leonard B. Sand on 5/2/2013) (ja) (Entered: 05/02/2013)
05/17/2013143 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Leonard B. Sand is no longer assigned to the case. (pgu) (Entered: 05/17/2013)
05/21/2013144 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Analisa Torres is no longer assigned to the case. (pgu) (Entered: 05/21/2013)
05/22/2013145 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Loretta A. Preska is no longer assigned to the case. (pgu) (Entered: 05/22/2013)
06/05/2013146 OBJECTION to 140 Report and Recommendations Document filed by Sang Lan. (Xu, X. Bing) (Entered: 06/05/2013)
06/24/2013147 RESPONSE re: 146 Objection to Report and Recommendations and Memorandum of Law in Support of Magistrate Judge Francis's Report and Recommendation. Document filed by Time Warner, Inc.. (Bakowski, Alan) (Entered: 06/24/2013)
08/08/2013 ***DELETED DOCUMENT. Deleted document number 148 Report and Recommendations. The document was incorrectly filed in this case. (lmb) (Entered: 08/08/2013)
08/09/2013148 ORDER withdrawing 90 Motion to Compel. Counsel for the plaintiff having represented that the motion to compel filed on January 24, 2012, may be withdrawn, the Clerk of Court is respectfully directed to withdraw the motion (Docket no. 90). The motion may be renewed when and if circumstances warrant. (Signed by Magistrate Judge James C. Francis on 8/9/2013) Copies Mailed By Chambers. (tro) (Entered: 08/09/2013)
02/25/2014149 ORDER. For the reasons stated above, the Individual Defendants' motion to dismiss is DENIED as to Counts Five and Six. The Individual Defendants' motion to dismiss Count Eight is DENIED only as to the allegations that the Lius (1) failed to account for the Fund and (5) misappropriated of Fund assets. In all other respects, Judge Francis' R&R is AFFIRMED. Adopting in part 140 Report and Recommendations. (Signed by Judge Analisa Torres on 2/25/2014) (rjm) (Entered: 02/26/2014)
03/12/2014150 MOTION for Reconsideration re; 149 Order Adopting Report and Recommendations,. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 03/12/2014)
03/12/2014151 MEMORANDUM OF LAW in Support re: 150 MOTION for Reconsideration re; 149 Order Adopting Report and Recommendations,.. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 03/12/2014)
03/26/2014152 MEMORANDUM OF LAW in Opposition re: 150 MOTION for Reconsideration re; 149 Order Adopting Report and Recommendations,.. Document filed by Gina Liu, K.S. Liu, Keo-Sung Liu, Hugh Mo. (Medina, Pedro) (Entered: 03/26/2014)
03/26/2014153 CERTIFICATE OF SERVICE of Memorandum in Opposition served on Plaintiff on March 26, 2014. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo. (Medina, Pedro) (Entered: 03/26/2014)
03/26/2014154 NOTICE OF APPEARANCE by Pedro Medina, Jr on behalf of K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo. (Medina, Pedro) (Entered: 03/26/2014)
03/31/2014155 REPLY MEMORANDUM OF LAW in Opposition re: 150 MOTION for Reconsideration re; 149 Order Adopting Report and Recommendations,.. Document filed by Time Warner, Inc.. (Bakowski, Alan) (Entered: 03/31/2014)
04/01/2014 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 4/1/2014. (Bacchus, Michael) (Entered: 04/01/2014)
04/01/2014156 ORDER: A pretrial conference having been held by telephone on April 1, 2014, it is hereby ORDERED as follows: 1. The parties shall exchange Rule 26(a) (1) initial disclosures by April 1, 2014. 2. All discovery shall be completed by August 29, 2013. 2. The pretrial order shall be submitted by September 30, 2014, unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. 3. If all parties consent to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c), the enclosed consent form should be executed and returned. (Pretrial Order due by 9/30/2014.) (Signed by Magistrate Judge James C. Francis on 4/1/2014) Copies Mailed By Chambers. (djc) (Entered: 04/01/2014)
04/02/2014157 ORDER: A pretrial conference having been held by telephone on April 1, 2014, it is hereby ORDERED as follows: 1. The scheduling order dated April 1, 2014 (Docket no. 146) is vacated. 2. parties shall exchange Rule 26(a) (1) initial disclosures by April 30, 2014. 3. All discovery shall be completed by August 29, 2014. 4. The pretrial order shall be submitted by September 30, 2014, unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. (Discovery due by 8/29/2014. Motions due by 9/30/2014. Pretrial Order due by 9/30/2014.) (Signed by Magistrate Judge James C. Francis on 4/2/2014)Copies Mailed By Chambers (djc) Modified on 4/2/2014 (djc). (Entered: 04/02/2014)
04/04/2014158 NOTICE OF CHANGE OF ADDRESS by Pedro Medina, Jr on behalf of K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo. New Address: The Law Firm of Hugh H. Mo, P.C., 225 Broadway, 27th Floor, New York, New York, United States 10007, 2123851500. (Medina, Pedro) (Entered: 04/04/2014)
04/11/2014159 FIRST LETTER MOTION for Conference re: 157 Order, Set Deadlines,,,, addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated April 11, 2014. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo. (Attachments: # 1 Appendix Correspondence, # 2 Appendix Proposed Order)(Medina, Pedro) (Entered: 04/11/2014)
04/11/2014160 ORDER. Plaintiff's motion is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 150. Denying 150 Motion for Reconsideration. (Signed by Judge Analisa Torres on 4/11/2014) (rjm) (Entered: 04/14/2014)
04/15/2014161 ANSWER to 119 Amended Complaint, with JURY DEMAND. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 04/15/2014)
04/16/2014162 CERTIFICATE OF SERVICE of Answer to Fourth Amended Complaint served on X. Bing Xu on April 15, 2014. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu, Hugh Mo. (Medina, Pedro) (Entered: 04/16/2014)
04/16/2014163 ORDER denying 159 Letter Motion for Conference. No conference is necessary. Plaintiff's deposition shall precede the depositions of defendants. In light of the fact that plaintiff's counsel has indicated that his client has a medical emergency, plaintiff's counsel shall advise the Court by letter on the first and fifteenth of each month of the plaintiff's medical condition until such time as she is fully capable of participating in the case. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 04/16/2014)
05/05/2014164 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from X. Bing Xu dated 4/30/2014 re: I spoke with Mr. Huang Jian (Sang Lan's Husband) on April 25 and 29, 2014 by telephone. Mr. Huang informed that Sang Lan's doctors have not released her from the Hospital because of complications, unhealed wounds and extreme fluctuations of blood pressures and "blood sugar" (I am told the medical term is Pathoglycemia). The doctors need to closely monitor her blood pressure and "blood sugar" to prevent serious complications. Apparently, the wounds are a problem, according to her doctors. There is no significant recovery and she cannot meaningfully participate in discovery at this time. ENDORSEMENT: In light of the information contained in the May 1, 2014 letter of defendants' counsel, third-hand information is no longer sufficient. Subsequent updates shall include documentation from plaintiff's physicians. (Signed by Magistrate Judge James C. Francis on 5/5/2014) (djc) (Entered: 05/05/2014)
05/06/2014165 NOTICE OF INTERLOCUTORY APPEAL from 160 Order on Motion for Reconsideration, 149 Order Adopting Report and Recommendations,. Document filed by Sang Lan. Filing fee $ 505.00, receipt number 0208-9643718. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Xu, X. Bing) (Entered: 05/06/2014)
05/07/2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 165 Notice of Interlocutory Appeal,. (nd) (Entered: 05/07/2014)
05/07/2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 165 Notice of Interlocutory Appeal, filed by Sang Lan were transmitted to the U.S. Court of Appeals. (nd) (Entered: 05/07/2014)
05/13/2014166 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas L. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9670084. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sang Lan.(Xu, X. Bing) Modified on 5/14/2014 (wb). (Entered: 05/13/2014)
05/14/2014 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 166 MOTION for Thomas L. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9670084. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing.Missing Proposed Order. Certificates of Good Standing Must be issued form the Suprme Court not the District Court with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days.Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (wb) (Entered: 05/14/2014)
05/14/2014167 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Thomas L. Johnson to Appear Pro Hac Vice CorrectedMotion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sang Lan. (Attachments: # 1 Exhibit Certificate of Goodstanding, # 2 Text of Proposed Order proposed order)(Xu, X. Bing) Modified on 5/14/2014 (wb). (Entered: 05/14/2014)
05/14/2014 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 167 AMENDED MOTION for Thomas L. Johnson to Appear Pro Hac Vice CorrectedMotion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing Must be issued from the Supreme Court of Florida with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb) (Entered: 05/14/2014)
05/14/2014168 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Protective Order Confidentiality as to Pre-Trial Materials. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B1, # 4 Exhibit C, # 5 Exhibit D)(Xu, X. Bing) Modified on 5/15/2014 (db). (Entered: 05/14/2014)
05/14/2014169 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 168 MOTION for Protective Order Confidentiality as to Pre-Trial Materials. Document filed by Sang Lan. (Xu, X. Bing) Modified on 5/15/2014 (db). (Entered: 05/14/2014)
05/15/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney X. Bing Xu to RE-FILE Document 168 MOTION for Protective OrderConfidentiality as to Pre-Trial Materials. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion WAS NOT FILED. (db) (Entered: 05/15/2014)
05/15/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney X. Bing Xu to RE-FILE Document 169 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db) (Entered: 05/15/2014)
05/15/2014170 MOTION for Protective Order . Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B1, # 4 Exhibit C, # 5 Exhibit D)(Xu, X. Bing) (Entered: 05/15/2014)
05/15/2014171 MEMORANDUM OF LAW in Support re: 170 MOTION for Protective Order Confidentiality as to Pre-Trial Materials. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 05/15/2014)
05/20/2014172 ORDER: Defendants shall answer the motion for a protective order by May 27, 2014; plaintiff shall reply by May 30, 2014. Defendants' request for a conference with respect to this issue is respectfully denied. Plaintiff's application to stay discovery and defer her deposition is denied. The medical documentation reveals that plaintiff "is allowed to accept media visitors under supervision by the doctor and special care medical staff." If plaintiff is capable of participating in media events, she is capable of participating in the litigation that she initiated. Counsel shall make arrangements for taking her deposition by videoconference, under supervision of the appropriate medical personnel. Set Deadlines/Hearing as to 170MOTION for Protective Order: Responses due by 5/27/2014, Replies due by 5/30/2014. (Signed by Magistrate Judge James C. Francis on 5/20/2014) Copies Mailed By Chambers. (tn) (Entered: 05/20/2014)
05/22/2014173 MOTION for Thomas L. Johnson to Appear Pro Hac Vice CorrectedMotion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sang Lan. (Attachments: # 1 Exhibit Certificate of Goodstanding, # 2 Text of Proposed Order Order granting prohavic)(Xu, X. Bing) (Entered: 05/22/2014)
05/27/2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 173 MOTION for Thomas L. Johnson to Appear Pro Hac Vice CorrectedMotion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 05/27/2014)
05/27/2014174 DECLARATION of Hugh H. Mo in Opposition re: 170 MOTION for Protective Order .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit April 30, 2014 Correspondence, # 2 Exhibit May 1, 2014 Correspondence, # 3Exhibit Endorsed Letter, # 4 Exhibit May 8, 2014 Correspondence, # 5 Exhibit May 9, 2014 Correspondence, # 6 Exhibit May 9, 2014 Correspondence, # 7 Exhibit May 13, 2014 Correspondence, # 8 Exhibit May 14, 2014 Correspondence, # 9 Exhibit Press Conference Correspondence)(Medina, Pedro) (Entered: 05/27/2014)
05/27/2014175 FIRST MEMORANDUM OF LAW in Opposition re: 170 MOTION for Protective Order . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 05/27/2014)
05/28/2014176 ORDER granting 173 Motion for Thomas L. Johnson to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 05/28/2014)
05/30/2014177 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Plaintiff's Motion for a Protective Order and the Declaration of Hugh H. Mo served on X. Bing Xu on May 27, 2014. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 05/30/2014)
05/30/2014178 REPLY MEMORANDUM OF LAW in Support re: 170 MOTION for Protective Order . Document filed by Sang Lan. (Attachments: # 1 Exhibit A Plaintiff letter, # 2 Exhibit B Plaintiff letter, # 3 Exhibit C Plaintiff letter)(Xu, X. Bing) (Entered: 05/30/2014)
06/13/2014179 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - THIRD LETTER MOTION for Conference re: 172 Order, Set Motion and R&R Deadlines/Hearings, for an protective order excluding non-party witness from Plaintiff's deposition, order determining Plaintiff should bear costs of videoconference of deposition addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated June 13, 2014. Document filed by Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I)(Medina, Pedro) Modified on 6/16/2014 (db). (Entered: 06/13/2014)
06/16/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Pedro Medina to RE-FILE Document 179 THIRD LETTER MOTION for Conference re: 172 Order, Set Motion and R&R Deadlines/Hearings, for an protective order excluding non-party witness from Plaintiff's deposition, order determining Plaintiff should bear costs of videoconferen. Use the event type Letter found under the event list Other Documents. (db) (Entered: 06/16/2014)
06/16/2014180 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated June 13, 2014 re: Discovery Disputes. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Medina, Pedro) (Entered: 06/16/2014)
06/20/2014181 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated June 20, 2014 re: Motion to Compel Responses. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Defendants' Request for Production of Documents, # 2 Exhibit Defendants' Interrogatories, # 3 Exhibit Plaintiffs' Response to Request for Production of Documents, # 4 Exhibit Plaintiffs' Response to Defendants' Interrogatories, # 5 Exhibit Defendant's Initial Disclosure)(Medina, Pedro) (Entered: 06/20/2014)
06/20/2014182 NOTICE OF CHANGE OF ADDRESS by Pedro Medina, Jr on behalf of Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. New Address: The Law Firm of Hugh H. Mo, P.C., 225 Broadway, Suite 2702, New York, NEW YORK, United States 10007, 2123851500. (Medina, Pedro) (Entered: 06/20/2014)
06/20/2014183 MEMO ENDORSEMENT on re: 180 Letter, filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu. ENDORSEMENT: Application granted in part and denied in part. For plaintiff's deposition, the parties shall utilize the protocol used in 12 civ. 7103, as it apparently worked and plaintiff has not proposed a detailed alternative. Defendants shall bear the costs of the deposition. Huang Jian shall not attend plaintiff's deposition. (Signed by Magistrate Judge James C. Francis on 6/20/2014) (djc) Modified on 6/20/2014 (djc). (Entered: 06/20/2014)
06/20/2014184 MEMORANDUM AND ORDER: denying 170 Motion for Protective Order. The plaintiff's motion for a protective order (Docket No. 170) is denied. (Signed by Magistrate Judge James C. Francis on 6/20/2014) Copies Sent By Chambers (djc) (Entered: 06/20/2014)
06/25/2014185 MANDATE of USCA (Certified Copy) as to 165 Notice of Interlocutory Appeal, filed by Sang Lan USCA Case Number 14-1654....that the appeal is hereby WITHDRAWN pursuant to Rule 42 of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/25/2014. (nd) (Entered: 06/25/2014)
07/07/2014186 SECOND LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated July 7, 2014 re: Discovery. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu, Hugh Mo.(Mo, Hugh) (Entered: 07/07/2014)
07/30/2014187 ORDER: It is hereby ORDERED as follows: 1. By August 15, 2014, plaintiff shall produce all documents requested in the Individual Defendants' First Request for Production of Documents to Plaintiff Sang Lan ("Defendants' Document Request"). 2. By August 15, 2014, plaintiff shall propound written responses to Defendants' Document Request in which plaintiff specifically identifies by bates number which documents are responsive to each document request. While Rule 34 of the Federal Rules of Civil Procedure permits a party to produce documents as kept in the regular course of business, that rule nevertheless "requires responding parties to provide documents in some kind of organized, indexed fashion rather than as a mass of undifferentiated, unlabeled data." Where, as here, documents are maintained in a wholly disorganized manner, the responding party cannot simply produce them in the same way. 3. By August 15, 2014, plaintiff shall provide amended answers to Individual Defendants' First Set of Interrogatories to Plaintiff Sang Lan that properly respond to each interrogatory and do not simply refer defendants to plaintiff's entire document production. 4. Failure to comply with this order shall result in sanctions, potentially including an award of attorneys' fees and costs. (Signed by Magistrate Judge James C. Francis on 7/30/2014) Copies Mailed By Chambers. (kgo) (Entered: 07/30/2014)
08/01/2014188 LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated August 1, 2014 re: Discovery. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 08/01/2014)
08/14/2014189 MEMO ENDORSEMENT on 188 Letter, filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu. ENDORSEMENT: Application granted. (Discovery due by 10/31/2014. Pretrial Order due by 11/29/2014.) (Signed by Magistrate Judge James C. Francis on 8/13/2014) (cd) Modified on 8/18/2014 (cd). (Entered: 08/14/2014)
08/15/2014190 NOTICE of Service of Addition Documents and responses re: 187 Order,,,,,. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 08/15/2014)
09/08/2014191 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - THIRD LETTER MOTION for Conference re: 189 Memo Endorsement, Set Deadlines/Hearings,, 187Order,,,,, addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 8, 2014. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Medina, Pedro) Modified on 9/10/2014 (db). (Entered: 09/08/2014)
09/08/2014192 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 8, 2014 re: Rule 11 Safe Harbor. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, John Does and Jane Does #1 through 15, Inclusive, Sang Lan, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G)(Medina, Pedro) (Entered: 09/08/2014)
09/10/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Pedro Medina. Document No. 191 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Stay must be formally filed. (db) (Entered: 09/10/2014)
09/10/2014193 FOURTH LETTER MOTION for Conference re: 189 Memo Endorsement, Set Deadlines/Hearings,, 187 Order,,,,, addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 10, 2014. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Medina, Pedro) (Entered: 09/10/2014)
09/18/2014194 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from Bing Xu, Esquire dated 9/18/2014 re: 193 FOURTH LETTER MOTION for Conference re: 189 Memo Endorsement, Set Deadlines/Hearings,, 187 Order,,,,, addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 10, 2014. . Document filed by Sang Lan. (Attachments: # 1 Exhibit Liu statement: fight to the end, # 2 Exhibit Mo press release 9/9/14, # 3 Exhibit Liu Blog 9/9/14)(Xu, X. Bing) (Entered: 09/18/2014)
09/19/2014195 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 19, 2014 re: 193 FOURTH LETTER MOTION for Conference re: 189 Memo Endorsement, Set Deadlines/Hearings,, 187 Order,,,,, addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 10, 2014. . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Medina, Pedro) (Entered: 09/19/2014)
09/23/2014196 ORDER denying 193 Letter Motion for Conference. The requested relief is not warranted. There is no basis for a stay of discovery that would further delay resolution of this case. Plaintiff has complied with my July 30, 2014 Order by matching her production to defendants' discovery requests. To the extent that the production demonstrates that plaintiff has no factual basis for her claims, that issue will be adjudicated in any Rule 11 motion and/or motion for summary judgment. At the same time, plaintiff's suggestion that she may decline to proffer the relevance of information she has produced on the ground that it is attorney work product is frivolous. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 09/23/2014)
10/01/2014197 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated October 1, 2014. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu.(Mo, Hugh) (Entered: 10/01/2014)
10/02/2014198 ORDER denying 197 Letter Motion for Extension of Time to Complete Discovery. The party depositions should long since have been scheduled, and there is still a month to complete them. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 10/02/2014)
10/09/2014199 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Pedro Medina dated October 9, 2014 re: Direct Plaintiff's Attendance For Her Deposition. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F)(Medina, Pedro) (Entered: 10/09/2014)
10/10/2014200 MEMO ENDORSEMENT on re: 199 Letter, filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu. ENDORSEMENT: Application granted. This resolves docket no. 199. (Signed by Magistrate Judge James C. Francis on 10/10/2014) (djc) (Entered: 10/10/2014)
10/10/2014 Set/Reset Deadlines: Deposition due by 10/16/2014. (djc) (Entered: 10/10/2014)
10/11/2014201 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice against the defendant(s) Does 1-30, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, John Does and Jane Does #1 through 15, Inclusive, Keo-Sung Liu, Hugh Mo. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 10/11/2014)
10/15/2014202 FIRST LETTER MOTION for Conference re: 200 Memo Endorsement, 201 Notice of Voluntary Dismissal,, requesting leave to file motion to dismiss Fourth Amended Complaint with prejudice addressed to Judge Analisa Torres from Hugh H. Mo dated October 15, 2014. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Medina, Pedro) (Entered: 10/15/2014)
10/16/2014203 ORDER OF REFERENCE A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation): Motion to dismiss with prejudice (as discussed in Defendants' October 15, 2014 letter). Specific Non-Dispositive Motion/Dispute - Any additional relief sought in Defendants' October 15, 2014 letter. Referred to Magistrate Judge James C. Francis. (Signed by Judge Analisa Torres on 10/15/2014) (ajs) (Entered: 10/16/2014)
10/20/2014204 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated October 20, 2014 re: Briefing Schedule Regarding Motion Pursuant to Rule 37. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 10/20/2014)
10/21/2014205 MEMO ENDORSEMENT on re: 204 Letter, filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu. ENDORSEMENT: The schedule set forth above is adopted. (Motions due by 10/24/2014. Responses due by 11/10/2014. Replies due by 11/17/2014.) (Signed by Magistrate Judge James C. Francis on 10/21/2014) (tn) (Entered: 10/21/2014)
10/24/2014206 FIRST MOTION for Sanctions pursuant to Rule 37. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 10/24/2014)
10/24/2014207 FIRST MEMORANDUM OF LAW in Support re: 206 FIRST MOTION for Sanctions pursuant to Rule 37. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 10/24/2014)
10/24/2014208 DECLARATION of Hugh H. Mo in Support re: 206 FIRST MOTION for Sanctions pursuant to Rule 37.. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20Exhibit Exhibit T, # 21 Exhibit Exhibit U, # 22 Exhibit Exhibit V, # 23 Exhibit Exhibit W)(Medina, Pedro) (Entered: 10/24/2014)
11/10/2014209 MEMORANDUM OF LAW in Opposition re: 206 FIRST MOTION for Sanctions pursuant to Rule 37., 202 FIRST LETTER MOTION for Conference re: 200 Memo Endorsement,201 Notice of Voluntary Dismissal,, requesting leave to file motion to dismiss Fourth Amended Complaint with prejudice addressed to Judge Analisa Torres from Hugh H. Mo date11/10/2014. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 11/10/2014)
11/10/2014210 DECLARATION of Sang Lan in Opposition re: 206 FIRST MOTION for Sanctions pursuant to Rule 37.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3Exhibit C, # 4 Exhibit C1, # 5 Exhibit c2, # 6 Exhibit c3, # 7 Exhibit c4, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X, # 29 Exhibit Y, # 30 Exhibit Z, # 31 Exhibit AA, # 32 Exhibit BB, # 33 Exhibit CC, # 34 Exhibit DD, # 35 Exhibit EE, # 36 Exhibit FF, # 37 Exhibit GG, # 38 Exhibit HH, # 39 Exhibit II, # 40 Exhibit JJ)(Xu, X. Bing) (Entered: 11/10/2014)
11/10/2014211 DECLARATION of ZHENXING SUN in Opposition re: 206 FIRST MOTION for Sanctions pursuant to Rule 37.. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 11/10/2014)
11/17/2014212 DECLARATION of Kao-Sung Liu in Support re: 206 FIRST MOTION for Sanctions pursuant to Rule 37.. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M)(Medina, Pedro) (Entered: 11/17/2014)
11/17/2014213 DECLARATION of Hugh H. Mo in Support re: 206 FIRST MOTION for Sanctions pursuant to Rule 37.. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20Exhibit Exhibit T, # 21 Exhibit Exhibit U, # 22 Exhibit Exhibit V, # 23 Exhibit Exhibit W, # 24 Exhibit Exhibit X, # 25 Exhibit Exhibit Y, # 26 Exhibit Exhibit Z, # 27 Exhibit Exhibit AA, # 28 Exhibit Exhibit BB, # 29 Exhibit Exhibit CC, # 30 Exhibit Exhibit DD, # 31 Exhibit Exhibit EE, # 32 Exhibit Exhibit FF, # 33 Exhibit Exhibit GG, # 34 Exhibit Exhibit HH, #35 Exhibit Exhibit II, # 36 Exhibit Exhibit JJ)(Medina, Pedro) (Entered: 11/17/2014)
11/17/2014214 FIRST REPLY MEMORANDUM OF LAW in Support re: 206 FIRST MOTION for Sanctions pursuant to Rule 37. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 11/17/2014)
02/05/2015215 REPORT AND RECOMMENDATION: For the foregoing reasons, dismissal without prejudice at this juncture would be improper. I therefore recommend that the plaintiff's motion to dismiss without prejudice be denied and that the Clerk of Court be directed to re-open the case, which was closed upon the filing of the ineffective notice of voluntary dismissal. Pursuant to 28 U.S.C. § 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the chambers of the Honorable Analisa Torres, Room 2210, and to the chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. Objections to R&R due by 2/23/2015 (Signed by Magistrate Judge James C. Francis on 2/5/2015) Copies Mailed By Chambers. (tn) Modified on 2/26/2015 (tn). (Entered: 02/05/2015)
02/05/2015216 MEMORANDUM AND ORDER granting in part and denying in part 206 Motion for Sanctions: For the foregoing reasons, the defendants' motion for Rule 37 sanctions (Docket no. 206) is granted with respect to monetary sanctions and denied with respect to terminating sanctions. (Signed by Magistrate Judge James C. Francis on 2/5/2015) Copies Mailed By Chambers. (tn) (Entered: 02/05/2015)
02/18/2015217 AFFIDAVIT of Hugh H. Mo For Costs and Attorneys' Fees Pursuant to Rule 37 Sanctions. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu, Hugh Mo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Mo, Hugh) (Entered: 02/18/2015)
02/18/2015218 AFFIDAVIT OF SERVICE of Defendants' Affidavit for Costs and Attorneys' Fees Pursuant to Rule 37 Sanctions served on X. Bing Xu on February 18, 2015. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu, Hugh Mo. (Mo, Hugh) (Entered: 02/18/2015)
02/18/2015219 SECOND MOTION for Sanctions pursuant to Rule 11. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 02/18/2015)
02/18/2015220 DECLARATION of Kao-Sung Liu in Support re: 219 SECOND MOTION for Sanctions pursuant to Rule 11.. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12Exhibit Exhibit L, # 13 Exhibit Exhibit M)(Medina, Pedro) (Entered: 02/18/2015)
02/18/2015221 FIRST MEMORANDUM OF LAW in Support re: 219 SECOND MOTION for Sanctions pursuant to Rule 11. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 02/18/2015)
02/18/2015222 DECLARATION of Hugh H. Mo in Support re: 219 SECOND MOTION for Sanctions pursuant to Rule 11.. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H (Part 1), # 9 Exhibit Exhibit H (Part 2), # 10 Exhibit Exhibit H (Part 3), # 11Exhibit Exhibit H (Part 4), # 12 Exhibit Exhibit H (Part 5), # 13 Exhibit Exhibit H (Part 6), # 14 Exhibit Exhibit H (Part 7), # 15 Exhibit Exhibit H (Part 8), # 16 Exhibit Exhibit H (Part 9), # 17 Exhibit Exhibit H (Part 10), # 18 Exhibit Exhibit I, # 19 Exhibit Exhibit J, # 20 Exhibit Exhibit K, # 21 Exhibit Exhibit L)(Medina, Pedro) (Entered: 02/18/2015)
02/19/2015223 OBJECTION to 215 Report and Recommendations with incorporated Memorandum of Law Document filed by Sang Lan. (Xu, X. Bing) (Entered: 02/19/2015)
02/19/2015224 MOTION for Reconsideration re; 216 Order on Motion for Sanctions, . Document filed by Sang Lan.(Xu, X. Bing) (Entered: 02/19/2015)
02/19/2015225 MEMORANDUM OF LAW in Support re: 224 MOTION for Reconsideration re; 216 Order on Motion for Sanctions, . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 02/19/2015)
02/23/2015226 FIRST MEMORANDUM OF LAW in Opposition re: 224 MOTION for Reconsideration re; 216 Order on Motion for Sanctions, . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Appendix Appendix A, # 2 Appendix Appendix B)(Medina, Pedro) (Entered: 02/23/2015)
02/24/2015227 AFFIDAVIT OF SERVICE of Defendants' Memorandum of Law in Opposition to Plaintiff's Motion to Reconsider served on X. Bing Xu on February 24, 2015. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu. (Mo, Hugh) (Entered: 02/24/2015)
02/26/2015228 NOTICE OF APPEARANCE by John Vincent Golaszewski on behalf of Sang Lan. (Golaszewski, John) (Entered: 02/26/2015)
02/26/2015229 NOTICE OF APPEARANCE by Allan Steven Schiller on behalf of Sang Lan. (Schiller, Allan) (Entered: 02/26/2015)
02/26/2015230 NOTICE OF APPEARANCE by Brian Patrick Fredericks on behalf of Sang Lan. (Fredericks, Brian) (Entered: 02/26/2015)
02/27/2015231 ORDER denying 224 Motion for Reconsideration. Plaintiff has failed to identify any controlling case law or factual information on the record that the Court overlooked. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 02/27/2015)
02/27/2015232 LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated February 27, 2015 re: Response to Plaintiff's counsel's letter dated February 26, 2015. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 02/27/2015)
02/27/2015233 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from X. Bing Xu, and Thomas L. Johnson dated 2/26/2015 re: Counsel request a conference, either in person or via telephone, with the Court such that we may discuss outstanding discovery, and set a new discovery timeline. ENDORSEMENT: Plaintiff shall respond to the fee affidavit by March 13, 2015, and defendants shall reply by March 20, 2015. Plaintiff has filed an objection to the Report & Recommendation that recommended denial of the motion to dismiss without prejudice. It would be premature to set any further discovery schedule until the objection is ruled upon. (Signed by Magistrate Judge James C. Francis on 2/27/2015) (tn) (Entered: 02/27/2015)
03/03/2015234 FIRST RESPONSE re: 223 Objection to Report and Recommendations . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 03/03/2015)
03/03/2015235 DECLARATION of Hugh H. Mo re: 234 Response, 223 Objection to Report and Recommendations . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Medina, Pedro) (Entered: 03/03/2015)
03/04/2015236 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from X. Bing Xu dated 3/4/2015 re: Counsel requests that the Court grant the request for a 10 day, or any brief and reasonable extension the Court deems necessary and appropriate, to respond to Defendant's Rule 11 motion. ENDORSEMENT: Plaintiff's Application is hereby granted. Plaintiff shall respond Defendants Rule 11 Motion on or before 3/20/15; Defendant shall file their reply on or before 3/27/15. Set Deadlines/Hearing as to 219 SECOND MOTION for Sanctions pursuant to Rule 11: Responses due by 3/20/2015, Replies due by 3/27/2015. (Signed by Magistrate Judge James C. Francis on 3/4/2015) (tn) Modified on 3/4/2015 (tn). Modified on 4/1/2015 (tn). (Entered: 03/04/2015)
03/11/2015237 Objection re: 216 Order on Motion for Sanctions, . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 03/11/2015)
03/13/2015238 RESPONSE in Opposition to Motion re: 206 FIRST MOTION for Sanctions pursuant to Rule 37objection to refiled doc 217. Document filed by Sang Lan. (Attachments: # 1 Affidavit Declaration of Bing Xu, Esquire, # 2 Exhibit A1 summary, # 3 Exhibit A2 140717 bill, # 4 Exhibit A3 141030 bill)(Xu, X. Bing) (Entered: 03/13/2015)
03/13/2015239 DECLARATION of Bing Xu, Esquire in Opposition re: 206 FIRST MOTION for Sanctions pursuant to Rule 37.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A1 Summary, # 2 Exhibit A2 140717 bill, # 3 Exhibit A3 141030 bill, # 4 Exhibit A4 141124 bill)(Xu, X. Bing) (Entered: 03/13/2015)
03/20/2015240 FIRST MEMORANDUM OF LAW in Support of Defendants' Application for Attorneys Fees and Costs. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu. (Mo, Hugh) (Entered: 03/20/2015)
03/20/2015241 MEMORANDUM OF LAW in Opposition re: 219 SECOND MOTION for Sanctions pursuant to Rule 11. Document filed by Sang Lan. (Attachments: # 1 Affidavit Sang Lan Decl. in support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Xu, X. Bing) (Entered: 03/20/2015)
03/24/2015242 NOTICE of Withdrawal of Motion re: 219 SECOND MOTION for Sanctions pursuant to Rule 11.. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 03/24/2015)
03/25/2015243 ORDER withdrawing 219 Motion for Sanctions. Defendants have withdrawn the motion without prejudice to submitting a subsequent application for sanctions. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 03/25/2015)
03/25/2015244 LETTER addressed to Magistrate Judge James C. Francis IV from Bing Xu, Esquire and Thomas Johnson, Esquire dated 3/25/2015 re: Def. Notice of Withdrawal of Rule 11 Motion. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 03/25/2015)
03/26/2015245 MEMO ENDORSEMENT on re: 244 Letter filed by Sang Lan. ENDORSEMENT: Application denied without prejudice to renewal when the merits of this case are ultimately decided. (Signed by Magistrate Judge James C. Francis on 3/26/2015) (tn) (Entered: 03/26/2015)
04/01/2015246 FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated April 1, 2015 re: Proposed Briefing Schedule. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 04/01/2015)
04/01/2015247 LETTER addressed to Judge Analisa Torres from bing Xu, Esquire and Thomas Johnson, Esquire dated 4/1/2015 re: Mr. Mo's Letter dkt 246 4/1/201. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 04/01/2015)
04/01/2015248 SECOND LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated April 1, 2015 re: Proposed Briefing Schedule. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 04/01/2015)
04/01/2015249 LETTER addressed to Judge Analisa Torres from Bing Xu, Esquire and Thomas Johnson, Esquire dated 4/1/2015 re: Response to Defendants 2d Letter. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 04/01/2015)
04/02/2015250 ORDER: Having reviewed the parties' letters dated April 1, 2015, it is ORDERED that Defendants shall submit opposition papers by April 17, 2015, and Plaintiff shall submit reply papers by April 24, 2015. SO ORDERED. (Signed by Judge Analisa Torres on 4/2/2015) (ajs) (Entered: 04/02/2015)
04/17/2015251 FIRST MEMORANDUM OF LAW in Opposition re: 237 Objection (non-motion) . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Appendix Appendix A, # 2 Appendix Appendix B, # 3 Appendix Appendix C)(Medina, Pedro) (Entered: 04/17/2015)
04/17/2015252 FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated April 17, 2015 re: Defendants' Opposition to Plaintiff's Rule 72(a) Objections. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 04/17/2015)
04/24/2015253 REPLY MEMORANDUM OF LAW in Support re: 237 Objection (non-motion), 251 Memorandum of Law in Opposition, . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 04/24/2015)
05/04/2015254 MEMORANDUM AND ORDER: The inordinate time spent by counsel in litigating this fee issue is symptomatic of the waste of resources in this litigation. Based on reductions in the requested fees to reflect non-compensable time, the defendants are awarded $20,627.78 in attorneys' fees and $405.00 in expenses, for a total of $21,032.78. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 5/4/2015) Copies Sent by Chambers. (ajs) (Entered: 05/04/2015)
05/12/2015255 MOTION for Bing Xu, Esquire and Thomas Johnson, Esquire to Withdraw as Attorney . Document filed by Sang Lan.(Xu, X. Bing) (Entered: 05/12/2015)
05/13/2015256 FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated May 13, 2015 re: Unsealing of Declaration and Exhibits of Plaintiff's attorneys' Notice of Motion to Withdraw. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu.(Mo, Hugh) (Entered: 05/13/2015)
05/15/2015257 THIRD MOTION for Sanctions pursuant to Rule 11. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 05/15/2015)
05/15/2015258 FIRST MEMORANDUM OF LAW in Support re: 257 THIRD MOTION for Sanctions pursuant to Rule 11. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 05/15/2015)
05/15/2015259 DECLARATION of Hugh H. Mo in Support re: 257 THIRD MOTION for Sanctions pursuant to Rule 11.. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, Pt. 1, # 8 Exhibit Exhibit G, Pt. 2, # 9 Exhibit Exhibit G, Pt. 3, # 10 Exhibit Exhibit G, Pt. 4, # 11 Exhibit Exhibit G, Pt. 5, # 12 Exhibit Exhibit G, Pt. 6, # 13 Exhibit Exhibit G, Pt. 7, # 14 Exhibit Exhibit G, Pt. 8, # 15 Exhibit Exhibit G, Pt. 9, # 16 Exhibit Exhibit G, Pt. 10, # 17 Exhibit Exhibit H, # 18 Exhibit Exhibit I, # 19 Exhibit Exhibit J, # 20 Exhibit Exhibit K, # 21 Exhibit Exhibit L, # 22 Exhibit Exhibit M)(Medina, Pedro) (Entered: 05/15/2015)
05/15/2015260 DECLARATION of Kao-Sung Liu in Support re: 257 THIRD MOTION for Sanctions pursuant to Rule 11.. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Hugh Mo. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M)(Medina, Pedro) (Entered: 05/15/2015)
05/15/2015261 ORDER: The Court has received correspondence concerning The Bing Law Firm's motion to withdraw from further representation of plaintiff Sang Lan. Judges Torres and Francis have agreed that I will rule with respect to that motion. Since the circumstances are somewhat unusual, I wish to hold a telephone conference to discuss the procedure we will follow. Counsel therefore are directed to place a conference call to my Chambers by May 20, 2015, to arrange a mutually convenient date for the conference. All counsel of record will be required to participate in the telephone conference. (Signed by Magistrate Judge Frank Maas on 5/14/2015) Copies Sent By Chambers. (lmb) (Entered: 05/15/2015)
05/15/2015262 CERTIFICATE OF SERVICE of Notice of Motion for Sanctions Against Plaintiff; Defendants' Memorandum of Law in Support of Motion for Sanctions; Declaration of Hugh H. Mo, dated May 15, 2015; Declaration of K.S. Liu, dated November 17, 2014 served on Plaintiff Sang Lan on May 15, 2015. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 05/15/2015)
05/15/2015263 LETTER MOTION for Conference addressed to Judge Analisa Torres from John V. Golaszewski, Esq. dated May 15, 2015. Document filed by Sang Lan.(Golaszewski, John) (Entered: 05/15/2015)
05/18/2015264 FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated May 18, 2015 re: Response to Plaintiff's counsel's letter dated May 15, 2015. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 05/18/2015)
05/18/2015265 ORDER denying 263 Letter Motion for Conference: Plaintiff's request for a conference is DENIED. However, Plaintiff may renew this request before Judge Francis. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa) (Entered: 05/18/2015)
05/18/2015266 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from X. Bing Xu and Thomas L. Johnson dated 5/15/2015 re: Telephone Conference. ENDORSEMENT: Approved. (Telephone Conference set for 5/20/2015 at 11:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 5/18/2015) (kko) (Entered: 05/19/2015)
05/20/2015 Minute Order Proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 5/20/2015. (mo) (Entered: 05/20/2015)
05/20/2015267 ORDER. It is hereby ORDERED that by May 29, 2015, The Bing Law Firm shall file redacted versions of its papers in support of its Motion to Withdraw, (ECF No. 255), and shall file under seal and deliver to my Chambers unredacted versions of those papers. Furthermore, by June 8, 2015, counsel for the Defendants shall file any opposition papers. (Responses due by 6/8/2015) (Signed by Magistrate Judge Frank Maas on 5/20/2015) Copies Sent By Chambers via Fax. (rjm) (Entered: 05/21/2015)
05/20/2015 Transmission to Sealed Records Clerk. Transmitted re: 267 Order, Set Deadlines to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm) (Entered: 05/21/2015)
05/21/2015268 Objection re: 254 Order, Assessing Fees and Costs. Document filed by Sang Lan. (Golaszewski, John) (Entered: 05/21/2015)
05/28/2015269 LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated 5/1/2014 re: We write in response to the letter, dated April 30, 2014, from plaintiff Sang Lan's attorney, X. Bing Xu, reporting on plaintiff's medical condition and asserting her current inability to participate in discovery in this case at the present time. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(lmb) (Entered: 05/28/2015)
05/28/2015270 LETTER addressed to Judge Analisa Torres from X. Bing Xu, Thomas L. Johnson dated 5/27/2015 re: Correspondence under seal. (ajs) (Entered: 05/28/2015)
05/28/2015271 ORDER: By letter dated May 27, 2015, Plaintiff requests that the Court deny or stay determination of the Rule 11 motion until the end of litigation, adjust the briefing schedule for the Rule 11 motion, and permit Plaintiff to file her motion papers under seal. This case is currently before the Honorable James C. Francis IV for general pretrial proceedings. Plaintiff's requests are DENIED without prejudice to renewal before Judge Francis. With respect to communications with this Court, Plaintiff shall file all letters electronically on ECF or shall request to file under seal in accordance with Paragraph IV.A of this Court's Individual Practices in Civil Cases. SO ORDERED. (Signed by Judge Analisa Torres on 5/28/2015) (ajs) (Entered: 05/28/2015)
05/28/2015272 FIRST MEMORANDUM OF LAW in Opposition re: 268 Objection (non-motion) to Magistrate Judge Francis' May 4, 2015 Memorandum and Order. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 05/28/2015)
05/29/2015273 FIRST LETTER addressed to Judge Analisa Torres from Pedro Medina dated May 29, 2015 re: Defendants' Opposition to Plaintiff's Rule 72(a) Objections. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 05/29/2015)
05/29/2015274 MEMORANDUM OF LAW in Support re: 255 MOTION for Bing Xu, Esquire and Thomas Johnson, Esquire to Withdraw as Attorney . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 05/29/2015)
05/29/2015275 DECLARATION of X. Bing Xu, Esquire in Support re: 255 MOTION for Bing Xu, Esquire and Thomas Johnson, Esquire to Withdraw as Attorney .. Document filed by Sang Lan. (Attachments: # 1 Exhibit A-G)(Xu, X. Bing) (Entered: 05/29/2015)
06/01/2015276 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated June 1, 2015 re: Response to Plaintiff's counsel's letter dated May 29, 2015. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 06/01/2015)
06/01/2015277 DECLARATION of Sang Lan in Support re: 255 MOTION for Bing Xu, Esquire and Thomas Johnson, Esquire to Withdraw as Attorney .. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 06/01/2015)
06/02/2015278 ENDORSED LETTER re: 257 THIRD MOTION for Sanctions pursuant to Rule 11. filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu addressed to Magistrate Judge James C. Francis IV from X. Bing Xu dated 5/29/2015 re: Co-counsel to plaintiff Sang Lan requests a reasonable extension to the briefing schedule proposed by Plaintiff and her counsel, and grant counsel's motion for leave to file documents referred to in his motion papers for in camera examination. ENDORSEMENT: Plaintiff's and her counsel's Application to file certain documents or portions thereof under seal is hereby granted. Plaintiff shall respond Defendant Rule 11 Motion on or before June 10, 2015 Plaintiff's counsel shall respond Defendants' Rule 11 Motion on or before June 10, 2015 Defendants shall file their reply on or before June 22, 2015. Set Deadlines/Hearing as to 257 THIRD MOTION for Sanctions pursuant to Rule 11: Responses due by 6/10/2015, Replies due by 6/22/2015. (Signed by Magistrate Judge James C. Francis on 6/1/2015) (tn) (Entered: 06/02/2015)
06/03/2015279 REPLY MEMORANDUM OF LAW re: 268 Objection (non-motion) to Order Assessing Fees and Costs. Document filed by Sang Lan. (Golaszewski, John) (Entered: 06/03/2015)
06/05/2015280 FIRST MEMORANDUM OF LAW in Opposition re: 255 MOTION for Bing Xu, Esquire and Thomas Johnson, Esquire to Withdraw as Attorney Response to Motion. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 06/05/2015)
06/10/2015281 MEMORANDUM OF LAW in Opposition re: 257 THIRD MOTION for Sanctions pursuant to Rule 11and Cross Motion for Rule 11 Sanction Against Defendants and Hugh Mo Esquire, Pedro Medina Esquire and Law Office of Hugh Mo P.C.. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 06/10/2015)
06/10/2015282 DECLARATION of X. Bing Xu, Esquire in Opposition re: 257 THIRD MOTION for Sanctions pursuant to Rule 11.. Document filed by Sang Lan. (Attachments: # 1 Exhibit G)(Xu, X. Bing) (Entered: 06/10/2015)
06/10/2015283 THIRD MEMORANDUM OF LAW in Opposition re: 257 THIRD MOTION for Sanctions pursuant to Rule 11On Behalf of Plaintiff Sang Lan. Document filed by Sang Lan. (Golaszewski, John) (Entered: 06/10/2015)
06/12/2015284 LETTER addressed to Judge Analisa Torres from X. Bing Xu, Thomas L. Johnson dated 6/10/2015 re: Request to seal Dkt. No. 270. (ajs) (Entered: 06/12/2015)
06/12/2015285 ORDER: By letter dated June 10, 2015, Plaintiff requests to: (1) submit to the Court un-redacted copies of Plaintiff's memorandum of law and supporting documents in opposition to Defendants' third Rule 11 motion; and (2) remove her May 27, 2015 letter from the public docket. The Rule 11 motion is before the Honorable James C. Francis. Plaintiff's request to submit un-redacted documents to this Court is DENIED. Plaintiff's request to remove her May 27, 2015 letter from the public docket is DENIED. "Documents may be sealed if specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (quoting In re New York Times Co., 828 F.3d 110, 116 (2d Cir. 1987)). Although Plaintiff provided legal justification for the proposed sealing of portions of her opposition to the Rule 11 motion, she provided no basis to justify sealing the May 27, 2015 letter. As the Court has reminded Plaintiff on several occasions, this case is currently before Judge Francis for general pretrial proceedings. Plaintiff shall include Judge Francis on all correspondence and communications with the Court. Plaintiff is warned that failure to comply with the Court's directives may result in sanctions. SO ORDERED. (Signed by Judge Analisa Torres on 6/12/2015) (ajs) (Entered: 06/12/2015)
06/16/2015286 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Pedro Medina dated June 16, 2015 re: Request to File Over sized Reply Memorandum of Law. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 06/16/2015)
06/17/2015287 MEMO ENDORSEMENT on re: 286 Letter, filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu. ENDORSEMENT: Defendants' reply may consist of up to 20 pages. (Signed by Magistrate Judge James C. Francis on 6/17/2015) (tn) (Main Document 287 replaced on 6/17/2015) (tn). (Entered: 06/17/2015)
06/22/2015288 FIRST REPLY MEMORANDUM OF LAW in Support re: 257 THIRD MOTION for Sanctions pursuant to Rule 11. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 06/22/2015)
06/22/2015289 DECLARATION of Hugh H. Mo in Support re: 257 THIRD MOTION for Sanctions pursuant to Rule 11.. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G)(Medina, Pedro) (Entered: 06/22/2015)
07/13/2015290 MEMORANDUM AND ORDER denying 257 Motion for Sanctions: that the defendants' motion (Docket no. 257) is denied without prejudice; the cross-motions of the plaintiff and her counsel (Docket nos. 281 and 283) are denied as moot. (Signed by Magistrate Judge James C. Francis on 7/13/2015) Copies Transmitted By Chambers. (tn) (Entered: 07/13/2015)
01/08/2016291 LETTER addressed to Magistrate Judge James C. Francis IV from John V. Golaszewski, Esq. dated January 8, 2016 re: Request for Conference. Document filed by Sang Lan.(Golaszewski, John) (Entered: 01/08/2016)
01/08/2016292 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated January 8, 2015 re: Response to Plaintiff's counsel's letter dated January 8, 2016. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 01/08/2016)
01/08/2016293 SECOND LETTER addressed to Magistrate Judge James C. Francis IV from John V. Golaszewski, Esq. dated January 8, 2016 re: Request for Conference. Document filed by Sang Lan.(Golaszewski, John) (Entered: 01/08/2016)
01/08/2016294 SECOND LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated January 8, 2016 re: Response to Plaintiff's counsel's second letter dated January 8, 2016. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 01/08/2016)
01/12/2016295 MEMO ENDORSEMENT on re: 291 LETTER addressed to Magistrate Judge James C. Francis IV from John V. Golaszewski, Esq. dated January 8, 2016 re: Request for Conference. ENDORSEMENT: Application denied without prejudice to renewal once the Court rules on objections to my Feb. 5, 2015 Report and Recommendation. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 1/11/2016) (adc) (Entered: 01/12/2016)
01/20/2016296 NOTICE OF APPEARANCE by Maria Louisa Bianco on behalf of Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Keo-Sung Liu. (Bianco, Maria Louisa) (Entered: 01/20/2016)
01/20/2016297 NOTICE OF APPEARANCE by Milo Silberstein on behalf of Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Keo-Sung Liu. (Silberstein, Milo) (Entered: 01/20/2016)
01/22/2016298 FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated January 22, 2016 re: Substitution of Counsel. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Appendix)(Medina, Pedro) (Entered: 01/22/2016)
01/27/2016299 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Kao-Sung Liu and Gina Liu substitutes Milo Silbertstein, Dealy Silberstein & Braverman, LLP, State Bar No. 2814382 as counsel of record in place of The Law Firm of Hugh H. Mo, P.C. Attorney Pedro Medina, Jr and Hugh Hu Mo terminated. (Signed by Judge Analisa Torres on 1/27/2016) (mro) (Entered: 01/28/2016)
02/09/2016300 MEMORANDUM AND ORDER for 215 Report and Recommendation. The Court ADOPTS the R&R in its entirety. For the reasons stated above, the Court accepts in full Magistrate Judge Francis' Report and Recommendation, and rejects Plaintiff's objections pursuant to Rule 72 of the Federal Rules of Civil Procedure. Plaintiff's request for voluntary dismissal without prejudice is DENIED. The Clerk of Court is directed to reopen the case. Case reopened. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 2/9/2016) (kko) (Entered: 02/10/2016)
02/09/2016301 MEMORANDUM AND ORDER re: 216 Order on Motion for Sanctions. For the reasons stated above, the Court affirms the R & R to the extent that it recommends monetary sanctions, but sustains Plaintiff's objection to the imposition of joint and several liability against her counsel. Defendants shall be awarded reasonable expenses, including attorneys' fees, incurred by them in scheduling and preparing for Plaintiff's deposition, in an amount to be determined by Judge Francis. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 2/9/2016) (kko) (Entered: 02/10/2016)
02/26/2016302 FIRST LETTER addressed to Magistrate Judge Frank Maas from Hugh H. Mo dated February 26, 2016 re: Motion to Withdraw. Document filed by Hugh Hu Mo.(Medina, Pedro) (Entered: 02/26/2016)


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回复 方枪枪 2016-3-3 18:06
华人律师确实是差了点,像莫虎,网民往往认为他是神。R11和R37网上的匿名律师都能想到,莫虎能考虑到,这有什么很了不得吗?现在双方都请洋律师是对的,我们数数看,莫虎,徐律,海明,夜城的美女钟律师的文书,还有网上纽约律师给加州被告法律见解的。有哪一个强的?
      新华社的李大玖记者,因为“桑黄”给她的“委屈”一直“哭鼻子”和愤怒 于职业记者的感觉相去甚远。她报道说法官讲这个案子是最丑陋的案子。这给人原告诉求丑陋的观感。
     一篇英文原文中显示法官原意是“这个案子是我们见到过的打得最丑恶的,双方律师不是在寻求争议的解决而是相互攻击”。这是说双方律师的行为丑陋。
     这两种说法是差别很大的。我认为一般法官不会轻易流露原告诉求丑陋的意思,案子还没完结呢。新华社应该是翻译有误。
与“丑陋:有关的文:
This Litigation Has Been Too Ugly

Finally, we want to briefly note that the tactics used in this case are among the ugliest we have encountered, as the attorneys have continued to attack each other rather than resolve the underlying dispute.

We have no interest in tallying up who did what and recounting events gone by, but we think Hai's hyperbole on the issue of waiver cannot go without comment. Explaining why he did not raise an objection to the breach that occurred when the settlement amount was publicly disclosed, Hai wrote:

I come from China, knowing very well that silence is gold in time of trouble. But silence is not consent or waiver. When people feel powerless or lost faith in the Judge, they often keep silence. When Nazi Germany killed millions of civilians, the civilians remained silent, because they did not have the power or "bold" enough to fight*11back. When a rapist overpowered his victim and raped her, can he turn around and say to her "you waived your rights, because you were silent and did not fight back"?

Objections ¶ 7. Hai's analogizing himself to Holocaust and rape victims in this situation is, to put it euphemistically, inept and inappropriate. See Moore v.Liggins, 685 N.E.2d 57, 66 (Ind. Ct. App. 1997) ("Whatever potential value such analogies might have had is overwhelmed by their inflammatory phrasing and their lack of support and development."). Hai made other problematic statements in this motion alone, see, e.g., Hai Reply Affirm, ¶ 15 (comparing himself to an actress who committed suicide); ¶ 42 (arguing that, for some reason, a different outcome should result because "this case has been closely watched by the admiring eyes of 1.4 billions Chinese in China and around the world through thousands of Chinese media reports"), and Hai's attempt to slip out of this deal does not look good. We think it would benefit Hai to consider whether such tactics, including bombastic and clearly exaggerated assertions, seemingly unfounded recriminations, and attempts to alter agreed-upon contractual obligations, are the best way to conduct his affairs going forward.IV.CONCLUSION
回复 岳东晓 2016-3-4 02:03
方枪枪: 华人律师确实是差了点,像莫虎,网民往往认为他是神。R11和R37网上的匿名律师都能想到,莫虎能考虑到,这有什么很了不得吗?现在双方都请洋律师是对的,我们数数 ...
Rule 11 我在2011年5月就提出来了

《桑兰案海明唱起了独角戏》一文。
回复 wx1wx2 2016-3-5 10:02
请教:“Jury Demand: Both //Nature of Suit: 440 Civil Rights: Other//Jurisdiction: Federal Question”
这三项由谁填写?440 好像适用于刑事案件的,这里的“440其它民权”是什么意思?
回复 wx1wx2 2016-3-5 10:15
“刚看了一下桑兰案案卷……”
请教,如何得到这些资料?需要什么身份或资格吗
回复 岳东晓 2016-3-5 13:51
wx1wx2: “刚看了一下桑兰案案卷……”
请教,如何得到这些资料?需要什么身份或资格吗
需要PACER账号
回复 岳东晓 2016-3-5 13:52
wx1wx2: 请教:“Jury Demand: Both //Nature of Suit: 440 Civil Rights: Other//Jurisdiction: Federal Question”
这三项由谁填写?440 好像适用于刑事案件的,这里的 ...
Jury demand: Both 是说原告、被告都要求 jury trial.
440 是法院设的分类带好
回复 wx1wx2 2016-3-12 05:23
案子复活,那就是说撤销了下述裁决吧?:

《桑兰诉美国时代华纳索赔案 美法官裁决:不予审理》2014年03月05日10:19  新华网
  新华社纽约3月4日体育专电美国联邦法官日前裁决:桑兰针对美国时代华纳公司的索赔要求,法庭不予审理。
  桑兰案主审法官阿娜丽萨·托雷斯2月25日签署裁决书,撤销桑兰对时代华纳的全部指控。
  2012年10月5日,桑兰委托徐晓冰律师向美国联邦法院纽约南区法院递交起诉书,对时代华纳提出三项指控,要求其做出赔偿。这三项指控为:违约、食言和信赖损害。
  桑兰在起诉书中说,1998年在纽约参加友好运动会时,她在赛前练习中摔成高位截瘫。事故发生后,美国主办方曾经向媒体表示会好好照顾她,确保她未来生活无虞,她的家庭也不必担心自己掏腰包。
  托雷斯法官在裁决书中说,时代华纳对媒体发表的讲话,全是泛泛而谈,不够具体,构不成法律意义上的合同关系,故此也就不存在违约等问题。
  法官指出,在起诉书中,桑兰自己就否认了自己同时代华纳有合同关系(她的“监护人”未能“跟时代华纳达成具体的口头协议或者合同来确保桑兰的未来”),她还自认早在1999年就知道自己的权利受到“侵害”,却没有及时起诉,法庭据此认定诉讼时限已过,故此做出不予审理的裁决。
  法官还裁决,桑兰针对30个网民提出的“网络骚扰”指控,法庭也不予审理。
  时代华纳是世界巨型媒体企业。旗下有CNN等多家电视台、电影公司、网络媒体等实体。CNN电视公司曾经主办1998年的友好运动会。在正式比赛开始之前,桑兰做跳马热身活动时摔伤了颈椎。从2011年4月起,她开始起诉CNN的母公司时代华纳,要求赔偿。(完)
http://sports.sina.com.cn/o/2014-03-05/10197051581.shtml

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