Li v. Fleet New York Metropolitan Regional Center LLC et al
Plaintiff: Shanru Li
Defendant: Richard Xia, Fleet New York Metropolitan Regional Center LLC, LaGuardia Performance Center, LLC, EEGH II, L.P. and Yi Xia
Case Number: 1:2021cv05185
Filed: September 17, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Pamela K Chen
Referring Judge: Ramon E Reyes
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2022 Opinion or Order Minute Entry for proceedings held before Judge Pamela K. Chen: Oral Argument held on 7/12/2022 re Defendants' #26 request to move to stay or dismiss this matter. Appearances by Gregory Linkh, Brian Murray, and Shiyong Ye for Plaintiffs; Michael Thomas Lemanski, Matthew Schwartz, and Amanda Shami for Defendants. Case called. Discussion held. For the reasons explained on the record and based on the five-factor test articulated in Kappel v. Comfort, 914 F. Supp. 1056, 1058 (S.D.N.Y. 1996), the Court granted Defendants' motion to stay this matter pending the resolution of the parallel SEC-enforcement action, SEC v. Xia, No. 21-cv-5350 (PKC) (RER), (E.D.N.Y. Sept. 27, 2021) (PACER). However, Plaintiffs may seek to modify or lift the stay, via letter, at a later date. Because the stay obviates the need for the Court to consider Defendants' requests to file motions to dismiss pursuant to Fed R. Civ. P. 9(b), 12(b)(1), and 12(b)(6), those requests are denied without prejudice to renew. (Court Reporter Victoria Torres Butler.) (Ben-Gigi, Yanai) Modified on 7/19/2022 to include date held. (Gonzalez, Fida)
June 27, 2022 Opinion or Order Motion terminated: #26 - Motion for Pre-Motion Conference. See Order Dated 06/27/2022. (Ben-Gigi, Yanai)
June 27, 2022 Opinion or Order SCHEDULING ORDER: The Court GRANTS Defendants' #26 Motion for a Pre-Motion Conference, and schedules a Pre-Motion Conference for July 12, 2022, at 9:00 a.m. via video on WebEx. The parties will receive the WebEx link via email. The public may listen to the audio of the video conference by calling the conference number 1-650-479-3207, and using the access code 2310 300 0881. Ordered by Judge Pamela K. Chen on 6/27/2022. (Ben-Gigi, Yanai)
June 21, 2022 Opinion or Order Filing 28 Letter Responding to Defendants' Request for Pre-Motion Conference by Shanru Li (Sava, Matthew)
June 15, 2022 Opinion or Order Filing 27 NOTICE of Appearance by Michael Thomas Lemanski on behalf of All Defendants (aty to be noticed) Associated Cases: 1:21-cv-05185-PKC-RER, 1:21-cv-05250-PKC-RER (Lemanski, Michael)
June 14, 2022 Opinion or Order Filing 26 Letter MOTION for pre motion conference in advance of filing a motion to stay or dismiss the consolidated action by EEGH II, L.P., Fleet New York Metropolitan Regional Center LLC, LaGuardia Performance Center, LLC, Richard Xia. (Attachments: #1 Exhibit 1 - EEGH Offering Memorandum, #2 Exhibit 2 - EEGH II Offering Memorandum) (Schwartz, Matthew)
May 25, 2022 Opinion or Order Filing 25 ORDER granting #17 Motion to Set Aside Default. For the reasons set forth in the attached Memorandum and Order, Defendants' motion to vacate the entries of default is granted. The Clerk of the Court is accordingly directed to vacate the defaults entered against all Defendants on November 30, 2021. (ECF No. 12, see also ECF No. 12, Ai v. Federal New York Metropolitan Regional Center LLC, et al., 21-CV-5250 (PKC) (RER) (E.D.N.Y. Nov. 30, 2021)). Defendants are directed to file and serve answers to the complaints within twenty (20) days of receipt of this Memorandum and Order. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 5/25/2022. (Mendelson, Alexander)
January 3, 2022 Opinion or Order Filing 24 AFFIDAVIT/DECLARATION in Support re #17 MOTION to Set Aside Default Entered Against All Defendants (Second Declaration of Richard Xia) filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Schwartz, Matthew)
January 3, 2022 Opinion or Order Filing 23 REPLY in Support re #17 MOTION to Set Aside Default Entered Against All Defendants filed by All Defendants. (Schwartz, Matthew)
December 27, 2021 Opinion or Order Filing 22 AFFIDAVIT/DECLARATION in Opposition re (17 in 1:21-cv-05185-PKC-RER) MOTION to Set Aside Default Entered Against All Defendants filed by Shanru Li, Ji Su Ai, Yi Ding, Ruohong Li. (Attachments: #1 Exhibit A_Xia WeChat Conversations) Associated Cases: 1:21-cv-05185-PKC-RER, 1:21-cv-05250-PKC-RML (Sava, Matthew)
December 27, 2021 Opinion or Order Filing 21 MEMORANDUM in Opposition re (17 in 1:21-cv-05185-PKC-RER) MOTION to Set Aside Default Entered Against All Defendants filed by Shanru Li, Ji Su Ai, Yi Ding, Ruohong Li. Associated Cases: 1:21-cv-05185-PKC-RER, 1:21-cv-05250-PKC-RML (Sava, Matthew)
December 13, 2021 Opinion or Order ORDER REFERRING MOTION: The #17 Motion to Set Aside Default is respectfully referred to the Honorable Ramon E. Reyes, Jr. Ordered by Judge Pamela K. Chen on 12/13/2021. (Mahkamova, Shirin)
December 10, 2021 Opinion or Order Filing 20 AFFIDAVIT/DECLARATION in Opposition re #17 MOTION to Set Aside Default Entered Against All Defendants (Declaration of Richard Xia) filed by All Defendants. (Schwartz, Matthew)
December 10, 2021 Opinion or Order Filing 19 AFFIDAVIT/DECLARATION in Support re #17 MOTION to Set Aside Default Entered Against All Defendants filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Schwartz, Matthew)
December 10, 2021 Opinion or Order Filing 18 MEMORANDUM in Support re #17 MOTION to Set Aside Default Entered Against All Defendants filed by All Defendants. (Schwartz, Matthew)
December 10, 2021 Opinion or Order Filing 17 MOTION to Set Aside Default Entered Against All Defendants by EEGH II, L.P., Fleet New York Metropolitan Regional Center LLC, LaGuardia Performance Center, LLC, Richard Xia. (Schwartz, Matthew)
December 9, 2021 Opinion or Order Filing 16 Letter in response to Defendants' Dec. 6, 2021 Letter by Shanru Li (Sava, Matthew)
December 8, 2021 Opinion or Order ORDER: Having taken into consideration both equity and judicial economy, the Court sua sponte consolidates cases Li v. Fleet New York Metropolitan Regional Center LLC, 21-cv-5185 (PKC) (RER) and Ai v. Federal New York Metropolitan Regional Center LLC, 21-cv-5250 (PKC) (RML) pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. See Devlin v. Transportation Commc'ns Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999). All filings should be made in the lead case, 21-cv-5185. The Clerk of Court is respectfully directed to terminate docket 21-cv-5250. Ordered by Judge Pamela K. Chen on 12/8/2021. (Mahkamova, Shirin)
December 6, 2021 Opinion or Order Filing 15 NOTICE of Appearance by Amanda Shami on behalf of EEGH II, L.P., Fleet New York Metropolitan Regional Center LLC, LaGuardia Performance Center, LLC, Richard Xia (aty to be noticed) (Shami, Amanda)
December 6, 2021 Opinion or Order Filing 14 Letter Regarding Certificate of Default by EEGH II, L.P., Fleet New York Metropolitan Regional Center LLC, LaGuardia Performance Center, LLC, Richard Xia (Attachments: #1 Exhibit 1) (Schwartz, Matthew)
December 6, 2021 Opinion or Order Filing 13 NOTICE of Appearance by Matthew A. Schwartz on behalf of EEGH II, L.P., Fleet New York Metropolitan Regional Center LLC, LaGuardia Performance Center, LLC, Richard Xia (aty to be noticed) (Schwartz, Matthew)
November 30, 2021 Opinion or Order Filing 12 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant EEGH II, L.P., Fleet New York Metropolitan Regional Center LLC, LaGuardia Performance Center, LLC, Richard Xia has failed to appear or otherwise defend this action, the default of defendant EEGH II, L.P., Fleet New York Metropolitan Regional Center LLC, LaGuardia Performance Center, LLC, Richard Xia is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
November 22, 2021 Opinion or Order Filing 11 Request for Certificate of Default by Shanru Li (Attachments: #1 Declaration of Matthew Sava in Support of Request to Enter Default against All Defendants) (Sava, Matthew)
October 29, 2021 Opinion or Order Filing 10 SUMMONS Returned Executed by Shanru Li. LaGuardia Performance Center, LLC served on 10/6/2021, answer due 10/27/2021. (Sava, Matthew)
October 29, 2021 Opinion or Order Filing 9 SUMMONS Returned Executed by Shanru Li. Fleet New York Metropolitan Regional Center LLC served on 10/6/2021, answer due 10/27/2021. (Sava, Matthew)
October 29, 2021 Opinion or Order Filing 8 SUMMONS Returned Executed by Shanru Li. EEGH II, L.P. served on 10/6/2021, answer due 10/27/2021. (Sava, Matthew)
October 20, 2021 Opinion or Order Filing 7 SUMMONS Returned Executed by Shanru Li. Richard Xia served on 10/13/2021, answer due 11/3/2021. (Sava, Matthew)
September 28, 2021 Opinion or Order Filing 6 NOTICE of Appearance by Brian Phillip Murray on behalf of Shanru Li (aty to be noticed) (Murray, Brian)
September 28, 2021 Opinion or Order Filing 5 NOTICE of Appearance by Gregory B. Linkh on behalf of Shanru Li (aty to be noticed) (Linkh, Gregory)
September 28, 2021 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen for all further proceedings. Chief Judge Margo K. Brodie no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 9/28/2021. (Bowens, Priscilla)
September 20, 2021 Opinion or Order Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
September 20, 2021 Opinion or Order Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
September 20, 2021 Opinion or Order Filing 2 Summons Issued as to All Defendants. (Attachments: #1 Laguardia summons, #2 Xia summons, #3 EEGH summons) (Bowens, Priscilla)
September 17, 2021 Opinion or Order Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)
September 17, 2021 Opinion or Order Filing 1 COMPLAINT CLASS ACTION against EEGH II, L.P., Fleet New York Metropolitan Regional Center LLC, LaGuardia Performance Center, LLC, Richard Xia filing fee $ 402, receipt number ANYEDC-14849399 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Shanru Li. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons EEGH II, #3 Proposed Summons Fleet, #4 Proposed Summons LaGuardia Performance, #5 Proposed Summons Richard Xia) (Sava, Matthew)

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Search for this case: Li v. Fleet New York Metropolitan Regional Center LLC et al
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Defendant: Richard Xia
Represented By: Matthew A. Schwartz
Represented By: Amanda Shami
Represented By: Michael Thomas Lemanski
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Defendant: Fleet New York Metropolitan Regional Center LLC
Represented By: Matthew A. Schwartz
Represented By: Amanda Shami
Represented By: Michael Thomas Lemanski
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Defendant: LaGuardia Performance Center, LLC
Represented By: Matthew A. Schwartz
Represented By: Amanda Shami
Represented By: Michael Thomas Lemanski
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Defendant: EEGH II, L.P.
Represented By: Matthew A. Schwartz
Represented By: Amanda Shami
Represented By: Michael Thomas Lemanski
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Defendant: Yi Xia
Represented By: Matthew A. Schwartz
Represented By: Amanda Shami
Represented By: Michael Thomas Lemanski
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Plaintiff: Shanru Li
Represented By: Matthew Joel Sava
Represented By: Brian Phillip Murray
Represented By: Gregory B. Linkh
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