Mercado v. Choyang Medical Co. Ltd. et al
| Maria Ligia Mercado |
| Choyang Medical Co. Ltd., John Doe and Jane Doe, Cho Yang Dana U.S.A. Corp., Choyang Dana USA Corp., Hyun Chung Kim, Choyang New York, Inc. and XYZ Distribution Inc. |
| 1:2007cv03563 |
| August 24, 2007 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Nina Gershon |
| Viktor V. Pohorelsky |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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Filing
38
ORDER ADOPTING REPORT AND RECOMMENDATIONS: In sum, the Clerk of Court is directed to enter judgment for plaintiff and against defendants ChoYang Medical Co. Ltd., d/b/a ChoYang Medical Industry Ltd., John Doe and Jane Doe d/b/a ChoYang Health Equipment, Cho Yang Dana U.S.A. Corp., and Choyang New York, Inc., jointly and severally, in an amount of $500,000.SO ORDERED. Forward for Judgment. Ordered by Judge Nina Gershon on 10/14/2015. (Priftakis, Tina)
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Filing
32
ORDER re REPORT AND RECOMMENDATIONS: Accordingly, the court modifies the Report and Recommendation of April 14, 2014, as follows; In light of the strong judicial policy in favor of deciding cases on the merits, see, e.g., Marfia v. T.C. Ziraat Banka si, New York Branch, 100 F.3d 243, 249 (2d Cir. 1996), and the fact that the record is now complete, the court concludes that involuntary dismissal under Rule 41(b) is not warranted. The court refers plaintiffs Amended Inquest Submission on Damages ( Dkt. No. 31-1) to Judge Pohorelsky for the determination of damages. Further, on the court's own motion, plaintiffs counsel, Gary Certain, Esq., is hereby ORDERED TO SHOW CAUSE why he should not be sanctioned, pursuant to Rule 16(f) and the cou rt's inherent powers, in the amount of $1,000, payable to the Clerk of Court, for violating the court's scheduling orders. Plaintiffs counsel is directed to file a written response to the Order to Show Cause by July 16, 2014, but may not seek any recompense from his client for any monetary sanctions imposed or attorney's fees incurred in responding to this Order to Show Cause. Ordered by Judge Nina Gershon on 7/2/2014. (Fernandez, Erica)
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