Yi Feng Leather International LTD v. Tribeca Design Showroom, LLC

Justia Dockets & Filings Second Circuit New York Southern District Yi Feng Leather International LTD v. Tribeca Design Showroom, LLC

Yi Feng Leather International LTD v. Tribeca Design Showroom, LLC

Plaintiff:	Yi Feng Leather International LTD
Defendant:	Tribeca Design Showroom, LLC
Case Number:	1:2017cv05195
Filed:	July 10, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Alison J. Nathan
Nature of Suit:	Recovery of Overpayment and Enforcement of Judgment
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
September 30, 2019	Filing 80 OPINION AND ORDER re: 43 SECOND MOTION for Default Judgment as to All Defendants. filed by Yi Feng Leather International LTD. For the reasons stated above, the Court GRANTS Plaintiff's motion for default judgment against Tribe ca. Plaintiff is awarded $404,207.99 or the Hong Kong equivalent in damages plus interest at a rate of 8% per annum. The Court DENIES as moot Plaintiff's motion for default judgment against the Grysons. The Clerk of Court is directed to enter judgment in this matter and close the case. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/30/2019) (kv) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.
December 4, 2018	Filing 46 MEMORANDUM OPINION AND ORDER: Before the Court is Plaintiff's motion for the entry of default judgment. For the following reasons, the Court declines to grant the motion, but will accept further briefing on the question of complete diversity. (As further set forth in this Order.) Accordingly, this Court cannot exercise alienage diversity jurisdiction in this action unless it is satisfied that none of the Defendants are citizens of foreign states. Neither the allegations in Plaintiffs& #039; amended complaint, nor any other materials in this action, permit the Court to reach this conclusion. Because district courts have "authority to consider questions of jurisdiction on the basis of affidavits as well as the pleadings," ; the Court will permit Plaintiff 14 days from the date of this order to submit a memorandum and any appropriate affidavits that more specifically demonstrate by a preponderance of the evidence that alienage diversity jurisdiction exists in this action. Additionally, to the extent Plaintiff seeks default judgment on its corporate fraud claim, Plaintiff's memorandum shall "identify legal authority... supporting entry of judgment on the basis of' that claim, Dkt. No. 42 (em phasis added), addressing whether Plaintiff has established a prima facie case for recovery. Plaintiff shall serve this order and any responsive filings on the Defendants in this action, and file proof of their service on the public docket. (Signed by Judge Alison J. Nathan on 12/3/2018) (cf)

Date Filed

Document Text

September 30, 2019

Filing 80 OPINION AND ORDER re: 43 SECOND MOTION for Default Judgment as to All Defendants. filed by Yi Feng Leather International LTD. For the reasons stated above, the Court GRANTS Plaintiff's motion for default judgment against Tribe ca. Plaintiff is awarded $404,207.99 or the Hong Kong equivalent in damages plus interest at a rate of 8% per annum. The Court DENIES as moot Plaintiff's motion for default judgment against the Grysons. The Clerk of Court is directed to enter judgment in this matter and close the case. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/30/2019) (kv) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.

December 4, 2018

Filing 46 MEMORANDUM OPINION AND ORDER: Before the Court is Plaintiff's motion for the entry of default judgment. For the following reasons, the Court declines to grant the motion, but will accept further briefing on the question of complete diversity. (As further set forth in this Order.) Accordingly, this Court cannot exercise alienage diversity jurisdiction in this action unless it is satisfied that none of the Defendants are citizens of foreign states. Neither the allegations in Plaintiffs& #039; amended complaint, nor any other materials in this action, permit the Court to reach this conclusion. Because district courts have "authority to consider questions of jurisdiction on the basis of affidavits as well as the pleadings," ; the Court will permit Plaintiff 14 days from the date of this order to submit a memorandum and any appropriate affidavits that more specifically demonstrate by a preponderance of the evidence that alienage diversity jurisdiction exists in this action. Additionally, to the extent Plaintiff seeks default judgment on its corporate fraud claim, Plaintiff's memorandum shall "identify legal authority... supporting entry of judgment on the basis of' that claim, Dkt. No. 42 (em phasis added), addressing whether Plaintiff has established a prima facie case for recovery. Plaintiff shall serve this order and any responsive filings on the Defendants in this action, and file proof of their service on the public docket. (Signed by Judge Alison J. Nathan on 12/3/2018) (cf)

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Plaintiff: Yi Feng Leather International LTD
Represented By:	Paul Berne Sherr
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Defendant: Tribeca Design Showroom, LLC
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