Ding v. Sun
| Shiying Ding |
| Liang Sun |
| 1:2021cv06968 |
| December 17, 2021 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Taryn A Merkl |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1330 Breach of Contract |
| Defendant |
Docket Report
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| Filing 9 Letter Response to Court's Order to Show Cause by Shiying Ding (Attachments: #1 Declaration Declaration of Shiying Ding) (Chen, Yimin) |
| Filing 8 NOTICE of Appearance by Yimin Chen on behalf of Shiying Ding (notification declined or already on case) (Chen, Yimin) |
| Filing 7 CERTIFICATE OF SERVICE by Liang Sun as to 1/27/22 Order to Show Cause (Attachments: #1 Exhibit Ex A to Certification of Service - Proof of Service via Email, #2 Exhibit Ex B to Certification of Service - Proof of Service via Courier, #3 Exhibit Ex C to Certification of Service - Proof of Service via FedEx) (Diehl, Robert) |
ORDER. Pursuant to the Court's January 27, 2022, Order, Defendant was ordered to serve Plaintiff's counsel with a copy of the January 27, 2022, Order by 12:00 pm noon, January 28, 2022. Defendant is requested to file proof of such service on the docket by today, January 31, 2022. The Court will reserve a ruling on #5 , #6 motions regarding a pre-motion conference until after Plaintiff shows cause by February 3, 2022. The parties are reminded that ex parte communications with the Court are highly discouraged, and all communications regarding the instant action should be made via ECF on the docket. Ordered by Judge Kiyo A. Matsumoto on 1/31/2022. (Rodriguez Armenta, Elena)
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ORDER TO SHOW CAUSE. Plaintiff is ORDERED TO SHOW CAUSE by February 3, 2022, why this case should not be transferred to the District of New Jersey. Plaintiffs must show cause why a case which, based on the Complaint, involves a New Jersey Defendant, a Plaintiff-LLC with both New York and New Jersey membership and citizenship, and transactions that took place in New Jersey giving rise to the instant action, should not be transferred to the District of New Jersey. Defendant has raised the issue of transfer of venue to the District of New Jersey for these very reasons. (ECF Nos. 5-6.) Venue is proper, in relevant part, in a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; or, in a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred. See 28 U.S.C. 1391(b); see also 28 U.S.C. 1406(a) (district court may transfer case filed in the wrong district to any district in which it could have been brought). Defendant is ordered to serve Plaintiff's counsel with a copy of this Order by 12:00 pm noon, January 28, 2022. Plaintiff's counsel is ordered to file an appearance in the instant case immediately after receiving a copy of this Order. Ordered by Judge Kiyo A. Matsumoto on 1/27/2022. (Rodriguez Armenta, Elena)
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| Filing 6 First MOTION to Amend/Correct/Supplement #5 First MOTION for pre motion conference re #1 Notice of Removal (To Dismiss Complaint or Transfer) To Respectfully Submit Revised Proposed Briefing Schedule for Request for Pre-Motion Conference by Liang Sun. (Diehl, Robert) |
| Filing 5 First MOTION for pre motion conference re #1 Notice of Removal (To Dismiss Complaint or Transfer) by Liang Sun. (Diehl, Robert) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| 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. (Neptune, Pierre) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal by Liang Sun (Diehl, Robert) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Neptune, Pierre) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please submit Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Neptune, Pierre) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Taryn A. Merkl. 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. (Neptune, Pierre) |
| Filing 1 NOTICE OF REMOVAL by Liang Sun from Supreme Court, Queens County, case number Index No 724885/2021. ( Filing fee $ 402 receipt number ANYEDC-15128014) (Attachments: #1 Certificate of Service) (Diehl, Robert) |
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| Plaintiff: Shiying Ding | |
| Represented By: | Yimin Chen |
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| Defendant: Liang Sun | |
| Represented By: | Robert Anthony Diehl |
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