Li v. Fleet New York Metropolitan Regional Center LLC et al
| Shanru Li |
| Richard Xia, Fleet New York Metropolitan Regional Center LLC, LaGuardia Performance Center, LLC, EEGH II, L.P. and Yi Xia |
| 1:2021cv05185 |
| September 17, 2021 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Ramon E Reyes |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2022. A more recent docket listing may be available from PACER.
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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)
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Motion terminated: #26 - Motion for Pre-Motion Conference. See Order Dated 06/27/2022. (Ben-Gigi, Yanai)
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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)
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Filing 28
Letter Responding to Defendants' Request for Pre-Motion Conference by Shanru Li (Sava, Matthew)
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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)
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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)
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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)
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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)
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Filing 23
REPLY in Support re #17 MOTION to Set Aside Default Entered Against All Defendants filed by All Defendants. (Schwartz, Matthew)
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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)
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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)
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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)
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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)
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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)
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Filing 18
MEMORANDUM in Support re #17 MOTION to Set Aside Default Entered Against All Defendants filed by All Defendants. (Schwartz, Matthew)
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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)
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Filing 16
Letter in response to Defendants' Dec. 6, 2021 Letter by Shanru Li (Sava, Matthew)
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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)
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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)
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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)
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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)
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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.)
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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)
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Filing 10
SUMMONS Returned Executed by Shanru Li. LaGuardia Performance Center, LLC served on 10/6/2021, answer due 10/27/2021. (Sava, Matthew)
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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)
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Filing 8
SUMMONS Returned Executed by Shanru Li. EEGH II, L.P. served on 10/6/2021, answer due 10/27/2021. (Sava, Matthew)
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Filing 7
SUMMONS Returned Executed by Shanru Li. Richard Xia served on 10/13/2021, answer due 11/3/2021. (Sava, Matthew)
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Filing 6
NOTICE of Appearance by Brian Phillip Murray on behalf of Shanru Li (aty to be noticed) (Murray, Brian)
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Filing 5
NOTICE of Appearance by Gregory B. Linkh on behalf of Shanru Li (aty to be noticed) (Linkh, Gregory)
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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)
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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)
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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)
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Filing 2
Summons Issued as to All Defendants. (Attachments: #1 Laguardia summons, #2 Xia summons, #3 EEGH summons) (Bowens, Priscilla)
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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)
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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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