Yan v. Zhou et al
Plaintiff: Jun Yan
Defendant: Jie Hu and Libo Zhou
Case Number: 2:2018cv04673
Filed: August 17, 2018
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Joan M Azrack
Referring Judge: Gary R Brown
2 Judge: Arlene R Lindsay
3 Judge: James M Wicks
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2022 Opinion or Order Filing 132 ORDER DISMISSING CASE re #131 Notice of Voluntary Dismissal - The Clerk of Court is directed to close this case. SO Ordered by Judge Gary R. Brown on 1/26/2022. (Tirado, Chelsea)
January 25, 2022 Filing 131 NOTICE of Voluntary Dismissal by Jun Yan (Szalkiewicz, Daniel)
January 19, 2022 Opinion or Order ORDER granting #130 Motion for Extension of Time to File Response/Reply. Application granted on consent. Plaintiff is directed to file their R. 56.1 Statement and response to DE 120 on or before January 25, 2022. Ordered by Judge Gary R. Brown on 1/19/2022. c/ecf (Tahbaz, Joseph)
January 18, 2022 Filing 130 Second MOTION for Extension of Time to File Response/Reply by Jun Yan. (Szalkiewicz, Daniel)
January 3, 2022 Opinion or Order ORDER granting #129 Motion for Extension of Time to File Response. Plaintiff is directed to file their R. 56.1 Statement and response to DE 120 on or before January 18, 2022. The pre-motion conference currently scheduled for January 7, 2022 is hereby ADJOURNED to February 24, 2022 at 10 AM. Ordered by Judge Gary R. Brown on 1/3/2022. c/ecf (Tahbaz, Joseph)
December 30, 2021 Filing 129 First MOTION for Extension of Time to File Response/Reply as to Order on Motion for Pre Motion Conference,,,,,, to Reset Deadlines by Jun Yan. (Szalkiewicz, Daniel)
December 22, 2021 Opinion or Order SCHEDULING ORDER: Due to a change in the Court's calendar, the telephone pre-motion conference scheduled for Thursday, January 6, 2022 IS ADJOURNED TO FRIDAY, JANUARY 7, 2022 at 3:00 pm before Judge Gary R. Brown, at which time the parties should be prepared to address Defendants' anticipated summary judgment motion pursuant to Rule 56 of the Federal Rules of Civil Procedure, DE 120. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel are reminded that, in appropriate cases, the pre-motion letter and Rule 56.1 Statement as well as the response and Rule 56.1 Counter-statement, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 12/22/2021. c/ecf (Johnston, Linda)
December 14, 2021 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR SETTLEMENT CONFERENCE. Video Settlement Conference held on 12/14/2021 at 9:00 AM. Continued Settlement Conference held. Settlement not achieved. Accordingly, the parties are referred to the Honorable Gary R. Brown, to set revised deadlines for Plaintiff to initiate summary judgment motion practice and for Plaintiff to file his R. 56.1 Statement and response to DE #120 . The January 20, 2022 deadline for the parties to submit a revised Joint Pretrial Order is hereby adjourned sine die. (Ortiz, Grisel)
December 3, 2021 Opinion or Order ORDER. In light of the continued settlement conference scheduled for December 14, 2021 (see Electronic Order dated 11/30/2021), the December 17, 2021 deadline to take first step toward summary judgment motion practice previously set by the undersigned at the 10/5/2021 Conference, and the December 13, 2021 deadline for Plaintiff to file their R. 56.1 Statement and response to DE 120 [DE 11/24/2021], are hereby adjourned without a date, pending the outcome of the continued Settlement Conference on December 14, 2021. The Court will Order a revised schedule on that date if the case does not settle on December 14, 2021. Ordered by Magistrate Judge James M. Wicks on 12/3/2021. (Weinstein, Tracy)
November 30, 2021 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR SETTLEMENT CONFERENCE. Video Settlement Conference held on 11/30/2021 at 8:45 am. Progress was made toward reaching a settlement and the parties are continuing discussions to resolve certain issues. A continued Settlement Conference is scheduled for December 14, 2021 at 9:00 AM via video. The Court will send a Zoom link closer to the Conference date. All counsel and parties shall be present. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (Ortiz, Grisel)
November 29, 2021 Filing 128 NOTICE of Appearance by Cali Madia on behalf of All Plaintiffs (aty to be noticed) (Madia, Cali)
November 29, 2021 Filing 127 MEMORANDUM in Opposition re #126 Second MOTION to Adjourn Conference until from 8:30 A.M. until 9:15 A.M. on November 30, 2021 filed by Jie Hu. (Ryan, Bing)
November 29, 2021 Filing 126 Second MOTION to Adjourn Conference until from 8:30 A.M. until 9:15 A.M. on November 30, 2021 by Jun Yan. (Szalkiewicz, Daniel)
November 29, 2021 Opinion or Order ORDER. Granting in part and denying in part #126 Motion to Adjourn Conference. The Settlement Conference scheduled for November 30, 2021 will begin at 8:45 AM. Plaintiffs counsel (Mr. Szalkiewicz) has represented to the Court that he will have someone else from his office present at the start of the Settlement Conference and he will join thereafter. Ordered by Magistrate Judge James M. Wicks on 11/29/2021. (Weinstein, Tracy)
November 29, 2021 Opinion or Order ORDER finding as moot #125 Motion to Adjourn Conference. Ordered by Magistrate Judge James M. Wicks on 11/29/2021. (Weinstein, Tracy)
November 29, 2021 Opinion or Order ORDER. The Court is in receipt of Plaintiff's counsel's request to adjust the start time of the Settlement Conference from 8:30 AM to 9:15 AM on November 30, 2021 #125 . The parties initially submitted a joint request to start at 8:30 AM because Defendants are located in China #96 . Accordingly, the Court hereby directs Plaintiff's counsel to confer with Defense counsel and advise the Court whether the parties can reach an agreement as to a mutually convenient start time. Ordered by Magistrate Judge James M. Wicks on 11/29/2021. (Weinstein, Tracy)
November 26, 2021 Filing 125 MOTION to Adjourn Conference start time to 9:15 A.M. on November 30, 2021 by Jun Yan. (Szalkiewicz, Daniel)
November 24, 2021 Opinion or Order ORDER granting #124 Motion for Extension of Time to File Response/Reply. Application granted on consent. Plaintiff is directed to file their R. 56.1 Statement and response to DE 120 on or before December 13, 2021. Ordered by Judge Gary R. Brown on 11/24/2021. c/ecf (Tahbaz, Joseph)
November 23, 2021 Filing 124 First MOTION for Extension of Time to File Response/Reply as to Order on Motion for Pre Motion Conference,,,,,, on consent by Jun Yan. (Szalkiewicz, Daniel)
November 17, 2021 Opinion or Order ORDER granting #121 Motion for Extension of Time to File. The revised Joint Pretrial Order shall be filed on or before January 20, 2022. Ordered by Magistrate Judge James M. Wicks on 11/17/2021. (Weinstein, Tracy)
November 17, 2021 Opinion or Order ORDER granting #123 Motion for Leave to File. Ordered by Judge Gary R. Brown on 11/17/2021. c/ecf (Tahbaz, Joseph)
November 16, 2021 Filing 123 Letter MOTION for Leave to File Document and to Include Additional Argument Regarding Lack of Subject Matter Jurisdiction at Pre-Motion Conference Scheduled for January 6, 2022 by Jie Hu, Libo Zhou. (Attachments: #1 Exhibit Ex. A - Transcript of April 23, 2020 Hearing, #2 Exhibit Ex. B - First Amended Statement Pursuant to Local Rule 56.1) (Abraham, Joshua)
November 15, 2021 Filing 122 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 23, 2020, before Judge Gary R. Brown. Transcriber AA Express Transcripts, Telephone number 888-456-9716. Email address: AAExpress@Court-Transcripts.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/13/2022. (Cox, Dwayne)
November 15, 2021 Filing 121 Letter MOTION for Extension of Time to File Joint Pretrial Order on Consent by Jie Hu, Libo Zhou. (Abraham, Joshua)
November 11, 2021 Opinion or Order ORDER granting #120 Motion for Pre Motion Conference. A telephone pre-motion conference is scheduled for Thursday, January 6, 2022 at 2:00 pm before Judge Gary R. Brown, at which time the parties should be prepared to address Defendants' anticipated summary judgment motion pursuant to Rule 56 of the Federal Rules of Civil Procedure, DE 120. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letter and Rule 56.1 Statement as well as the response and Rule 56.1 Counter-statement, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).Plaintiff is directed to respond to DE 120 in accordance with the undersigned's individual rules, particularly those regarding pre-motion letters contemplating summary judgment, by November 29, 2021. At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 11/11/2021. c/ecf (Tahbaz, Joseph)
November 10, 2021 Filing 120 Letter MOTION for pre motion conference regarding summary judgment by Jie Hu, Libo Zhou. (Abraham, Joshua)
November 10, 2021 Opinion or Order Filing 119 ORDER. Defendants' Motion #116 to reopen discovery is denied. See attached Order #119 . Ordered by Magistrate Judge James M. Wicks on 11/10/2021. (Weinstein, Tracy)
October 29, 2021 Filing 118 First MOTION for Extension of Time to File Pretrial Order on Consent by Jun Yan. (Szalkiewicz, Daniel)
October 29, 2021 Opinion or Order ORDER granting #118 Motion for Extension of Time to File Joint Pretrial Order. The revised Joint Pretrial Order shall be filed on or before November 29, 2021. So Ordered by Magistrate Judge James M. Wicks on 10/29/2021. (Wicks, James)
October 26, 2021 Filing 117 REPLY in Opposition re #116 MOTION for Discovery filed by Jun Yan. (Szalkiewicz, Daniel)
October 22, 2021 Filing 116 MOTION for Discovery by Jie Hu. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Ryan, Bing)
October 14, 2021 Opinion or Order ORDER denying #115 Motion to set deposition start time. In light of Defendants' request for expedited consideration of this application, the Court has reviewed and considered the circumstances of the motion as well as the procedural posture of this case, prior discovery rulings and applicable rules, and decides the application as follows. Since the depositions are taking place in Macau solely as an accommodation to Defendants, coupled with the clear pronouncement in Fed. R. Civ. P. 30(b)(1) that permits the party taking the deposition to designate the deposition "time" in the Notice, Defendants' motion is denied. The undersigned also notes that Defendants have not established "good cause" to issue a protective order under Rule 26(c) or (d) to alter Plaintiff's selected time. Accordingly, Plaintiff shall dictate the start time of the deposition. So Ordered by Magistrate Judge James M. Wicks on 10/14/2021. (Wicks, James)
October 13, 2021 Filing 115 Letter MOTION for Discovery and Request for Expedited Consideration by Jie Hu. (Attachments: #1 Exhibit) (Ryan, Bing)
October 7, 2021 Opinion or Order SCHEDULING ORDER: Due to a conflict in the Court's calendar, the Settlement Conference set for 11/16/2021 is hereby ADJOURNED to 11/30/2021 at 08:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 10/7/2021. (Ortiz, Grisel)
October 5, 2021 Filing 114 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR PRETRIAL CONFERENCE. Counsel For Plaintiff: Daniel Szalkiewicz, Cali Madia and Alice C. Zhang. Counsel For Defendant: Bing Z. Ryan and Joshua E. Abraham. Video Initial Pretrial Conference held on 10/5/2021 at 11:00 am. Following discussion with counsel and review of the submitted proposed Joint Pretrial Order (PTO), the Court directed the parties to submit a revised PTO on or before October 29, 2021. The revised PTO shall confirm whether the case is to be tried by a jury, and any additional modifications based on the parties' depositions that shall be completed on or before October 22, 2021. Accordingly, the case is not yet certifiable as trial ready. The Settlement conference scheduled for 11/16/2021 at 8:30 AM remains in effect. Parties shall comply with Judge Wicks' Individual Practice Rules regarding Settlement Conferences (Rules 5). THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #10:58-11:20 (video).)(Ortiz, Grisel)
October 1, 2021 Opinion or Order ORDER granting #112 Motion to Compel requesting to be excused from conference. Counsel Stephen Scaring is hereby excused from appearing to the 10/5/2021 conference. All other parties must appear. So Ordered by Magistrate Judge James M. Wicks on 10/1/2021. (Ortiz, Grisel)
September 30, 2021 Filing 113 NOTICE of Appearance by Joshua Eli Abraham on behalf of All Defendants (aty to be noticed) (Abraham, Joshua)
September 30, 2021 Filing 112 Letter MOTION to Compel requesting to be excused from conference by Libo Zhou (Scaring, Stephen) Modified event type from Letter to Motion on 10/1/2021 (Ortiz, Grisel).
September 28, 2021 Filing 111 Proposed Pretrial Order by Jun Yan (Szalkiewicz, Daniel)
September 27, 2021 Motions terminated, docketed incorrectly: The #110 MOTION for Discovery filed by Jie Hu has been TERMINATED from the docket. The document is not a motion but rather a status letter. Chambers will address the letter accordingly. (Ortiz, Grisel)
September 27, 2021 Filing 110 MOTION for Discovery by Jie Hu. (Ryan, Bing)
September 22, 2021 Opinion or Order Filing 109 ORDER. Defendants' application regarding the location of Defendants' depositions is decided in accordance with the attached Order #109 . Ordered by Magistrate Judge James M. Wicks on 9/22/2021. (Weinstein, Tracy)
September 20, 2021 Filing 108 Letter Response to Defendants' 3rd Letter Motion Concerning Depositions by Jun Yan (Attachments: #1 Exhibit Passports and Visas) (Szalkiewicz, Daniel) (Attachment 1 replaced for statsitical purposes- original pdf flagged as corrupt on 9/23/2021) (Jakubowski, Laura).
September 20, 2021 Opinion or Order SCHEDULING ORDER: Pursuant to the Administrative Order No. 2021-05-2 dated 9/18/2021, the Conference set for 10/5/2021 at 11:00 AM will now be held via the Court's Video Zoom instead of in-person. The Court will email the Zoom invitation to all the parties listed on the docket. So Ordered by Magistrate Judge James M. Wicks on 9/20/2021. (Ortiz, Grisel) Modified on 9/20/2021 (Ortiz, Grisel).
September 19, 2021 Filing 107 Letter MOTION for Discovery Response to Court Order by Jie Hu (Ryan, Bing) Modified event from Letter to Motion on 9/22/2021 (Ortiz, Grisel).
September 17, 2021 Opinion or Order ORDER. Defendants' Motion #102 for an Order allowing Defendants to appear for depositions by written questions is denied; Defendants' Motion #102 for an Order permitting Defendants to appear remotely at trial is denied, without prejudice to renew the application at the final pretrial conference. Ordered by Magistrate Judge James M. Wicks on 9/17/2021. (Weinstein, Tracy)
September 14, 2021 Opinion or Order Filing 106 ORDER. Defendants' Motion #98 is granted in part and denied in part. Plaintiff's Motion #99 is denied. See attached Order #106 . Ordered by Magistrate Judge James M. Wicks on 9/14/2021. (Weinstein, Tracy)
September 13, 2021 Filing 105 REPLY in Opposition filed by Jie Hu. (Attachments: #1 Exhibit) (Ryan, Bing)
September 13, 2021 Filing 104 REPLY in Opposition re #101 Reply to Response to Motion, #102 MOTION for Discovery Response to Court Order filed by Jun Yan. (Attachments: #1 Exhibit Banquet Materials, #2 Exhibit Visas, #3 Exhibit ACRIS Results, #4 Exhibit Bergen County Results, #5 Exhibit ACRIS Results, #6 Exhibit ACRIS Results) (Szalkiewicz, Daniel)
September 13, 2021 Filing 103 RESPONSE in Opposition re #98 Letter MOTION for Discovery filed by Jun Yan. (Szalkiewicz, Daniel)
September 10, 2021 Filing 102 MOTION for Discovery Response to Court Order by Jie Hu. (Ryan, Bing)
September 8, 2021 Filing 101 REPLY to Response to Motion re #99 Second MOTION for Discovery and for Court's Order re Deposition filed by Jie Hu. (Attachments: #1 Exhibit) (Ryan, Bing)
September 7, 2021 Opinion or Order Filing 100 ORDER. The parties' joint Motion [DE 97] is granted in part and denied in part. See attached Order [DE 100] regarding Defendants' depositions. The remainder of the Motion referencing outstanding discovery issues without any specificity is otherwise denied. The parties advised the Court that they would move the Court by letter motion, on or before August 25, 2021, as to any outstanding discovery issues. The parties did not file letter motions within said time frame and the remainder of Motion #97 is accordingly denied. See also Fed. R. Civ. P. 6(b)(1)(B). Ordered by Magistrate Judge James M. Wicks on 9/7/2021. (Weinstein, Tracy)
September 7, 2021 Opinion or Order ORDER: The parties' joint motion (DE 96) is granted in part and denied in part as follows: A Settlement Conference is scheduled for November 16, 2021 at 8:30 AM before Magistrate Judge James M. Wicks via video. All parties must be present. The Court will email the Zoom invitation closer to the conference date. Parties shall comply with Judge Wicks' Individual Practice Rules regarding Settlement Conferences (Rules 5). The parties are advised that the upcoming Settlement Conference does not stay discovery of this matter, and does not affect any other pending deadlines or motions.THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. Ordered by Magistrate Judge James M. Wicks on 9/7/2021. (Weinstein, Tracy)
September 3, 2021 Filing 99 Second MOTION for Discovery by Jun Yan. (Attachments: #1 Exhibit Demands on Defendants, #2 Exhibit Letter Motion to Court, #3 Exhibit Hu Interrogatory Responses, #4 Exhibit Zhou Interrogatory Responses, #5 Exhibit Hu Response to RFA, #6 Exhibit Zhou Response to RFA, #7 Exhibit Defendants Response to Demands, #8 Exhibit December 2020 Deficiency Letter, #9 Exhibit December 14, 2020 Email, #10 Exhibit February 12, 2021 Email, #11 Exhibit June 8, 2021 Email, #12 Exhibit July 12, 2021 Email, #13 Exhibit Hu July 25, 2021 Amended Rogs, #14 Exhibit Zhou July 25, 2021 Amended Rogs, #15 Exhibit Zhou July 25, 2021 Amended RFA, #16 Exhibit July 25, 2021 Amended Response to Discovery Demands, #17 Exhibit Hu July 25, 2021 Amended Rogs, #18 Exhibit Zhou GPS Screenshot) (Szalkiewicz, Daniel) (Attachment 1 replaced for statistical purposes- original pdf flagged as corrupt on 9/6/2021) (Florio, Lisa).
September 2, 2021 Filing 98 Letter MOTION for Discovery by Libo Zhou. (Attachments: #1 Exhibit, #2 Exhibit) (Ryan, Bing)
August 24, 2021 Filing 97 Joint MOTION for Discovery by Jie Hu. (Ryan, Bing)
August 23, 2021 Filing 96 Letter MOTION For Hearing Joint Letter Requesting Settlement Conference by Jun Yan (Szalkiewicz, Daniel) Modified from letter to motion on 9/7/2021 (Ortiz, Grisel).
August 23, 2021 Opinion or Order Filing 95 ORDER Granting #94 Motion for Protective Order Re: Confidentiality Stipulation and Order. So Ordered by Magistrate Judge James M. Wicks on 8/23/2021. (Ortiz, Grisel)
August 20, 2021 Filing 94 Letter MOTION for Protective Order re: Confidentiality Stip by Jun Yan (Attachments: #1 Proposed Order Proposed Confidentiality Stipulation and Order) (Szalkiewicz, Daniel) Modified event type from letter to motion on 8/23/2021 (Ortiz, Grisel).
August 19, 2021 Filing 93 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR MOTION HEARING. Counsel For Plaintiff: Daniel Szalkiewicz and Alice C. Zhang. Counsel For Defendant: Bing Z. Ryan. Video Motion Hearing held on 8/19/2021 at 10:00 AM. Defendants' Motion to Compel #91 is granted in part and denied in part as follows: The portion of Defendants' Motion seeking responses to requested documents and interrogatories is denied as moot with leave to renew upon Defendants' review of the discovery produced on 8/18/21, the evening before oral argument. Plaintiff's deposition shall take place on August 30, 2021 at 10:30 AM Eastern Time by video. The parties shall meet and confer regarding a stipulated protective order and protocols for conducting remote depositions. The September 1, 2021 deadline for fact discovery remains in effect with the limited exception that Plaintiff may conduct Defendants' deposition on or before September 30, 2021. The parties shall file a joint letter to the Court by August 23, 2021, advising whether the document production issue has been resolved, and advising the Court whether a resolution has been reached regarding Defendants' appearance for a deposition. The final conference scheduled for October 5, 2021 remains in effect. The Court advised the parties that Judge Wicks remains available to conduct a settlement conference if the parties so desire. (FTR Log #10:05-10:44 (video).)(Ortiz, Grisel) Modified to correct hearing date from 20th to 19th on 9/9/2021 (Ortiz, Grisel).
August 11, 2021 Filing 92 RESPONSE to Motion re #91 MOTION for Discovery Compel Discovery Responses filed by Jun Yan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Szalkiewicz, Daniel)
August 6, 2021 Opinion or Order SCHEDULING ORDER: The parties shall appear by video for oral argument on Defendants' (Libo Zhou and Jie Hu) Motion to Compel #91 on August 19, 2021 at 10:00 AM before Magistrate Judge James M. Wicks. The Court will send a Zoom invitation closer to the argument date. Ordered by Magistrate Judge James M. Wicks on 8/6/2021. (Weinstein, Tracy)
August 5, 2021 Filing 91 MOTION for Discovery Compel Discovery Responses by Jie Hu, Libo Zhou. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Ryan, Bing)
June 16, 2021 Filing 90 Request for Refund of Fees Paid Electronically approved by Michael J. Kramer, Acting Chief Deputy Clerk, on 6/16/2021.
June 16, 2021 Opinion or Order ORDER granting #84 Motion to Withdraw as Attorney. Attorney Paul F. Millus terminated Ordered by Magistrate Judge James M. Wicks on 6/16/2021. (Wicks, James)
June 16, 2021 Opinion or Order ORDER: The parties joint motion for an extension of time to complete all discovery in this matter #89 is granted in part. The parties previously made joint motions to the Court to extend the discovery deadline on February 12, 2021 #80 and again on April 26, 2021 #82 , both motions having been granted. The parties THIRD motion to extend the discovery deadline is granted, but as follows: All discovery, inclusive of expert discovery, is to be complete on or before September 1, 2021. The final conference scheduled for August 26, 2021 is adjourned to October 5, 2021 at 11:00 AM. The final conference will take place in-person before Magistrate Judge James M. Wicks in Courtroom 1020. The parties shall submit a joint proposed pre-trial order in accordance with Judge Browns Individual Rules on or before September 28, 2021.Ordered by Magistrate Judge James M. Wicks on 6/16/2021. (Weinstein, Tracy)
June 15, 2021 Filing 89 MOTION for Extension of Time to Complete Discovery by Jie Hu, Libo Zhou. (Ryan, Bing)
June 8, 2021 Filing 88 NOTICE of Appearance by Bing Zhang Ryan on behalf of All Defendants (notification declined or already on case) (Ryan, Bing)
June 8, 2021 Opinion or Order Filing 87 ORDER granting #83 and #85 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 6/8/2021. (Ortiz, Grisel)
June 7, 2021 Filing 86 MOTION for Refund of Fees Paid Electronically by Jie Hu, Libo Zhou. (Ryan, Bing)
June 3, 2021 Filing 85 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14533427. by Jie Hu, Libo Zhou. (Attachments: #1 Declaration, #2 Proposed Order) (Ryan, Bing)
June 3, 2021 Opinion or Order ORDER denying #83 Motion for Leave to Appear Pro Hac Vice. The Motion of Bing Zhang Ryan for Leave to Appear Pro Hac Vice is denied with leave to renew upon submitting a certificate of the court for each of the states of which the applicant is a member of the bar, which has been issued within (30) thirty days of filing and states that the applicant is a member of good standing of the bar of that state court as set forth in Local Rule 1.3(c). Ordered by Magistrate Judge James M. Wicks on 6/3/2021. (Weinstein, Tracy)
May 26, 2021 Opinion or Order ORDER: The return date for Bing Zhang Ryan's #83 Motion to Appear Pro Hac Vice shall be on June 3, 2021. In accordance with this Court's individual practice rules, any opposition must be filed by June 1, 2021, at least two (2) days prior to the return date. So Ordered by Magistrate Judge James M. Wicks on 5/26/2021. (Ortiz, Grisel)
May 25, 2021 Filing 84 MOTION to Withdraw as Attorney by Jie Hu, Libo Zhou. (Attachments: #1 Declaration, #2 Proposed Order, #3 Affidavit of Service) (Millus, Paul)
May 25, 2021 Filing 83 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14505979. by Libo Zhou. (Attachments: #1 Declaration, #2 Proposed Order) (Ryan, Bing)
May 18, 2021 Opinion or Order SCHEDULING ORDER: Parties are advised that the final conference scheduled for August 26, 2021 at 1:30 PM remains in effect and will take place in-person, notwithstanding the reassignment of this case to Magistrate Judge James M. Wicks. The modified scheduling Order of April 27, 2021 remains in effect and the parties are referred to Judge Wicks' Individual Motion Practices and Rules which are available on the Court's website. So Ordered by Magistrate Judge James M. Wicks on 5/18/2021. (Ortiz, Grisel)
May 17, 2021 Case Reassigned to Magistrate Judge James M. Wicks. Magistrate Judge Arlene R. Lindsay no longer assigned to the 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. (Corsini, Alexander)
April 27, 2021 Opinion or Order ORDER granting #82 Motion for Extension of Time to Complete Discovery. The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by July 14, 2021. Any party planning on making a dispositive motion must take the first step in the motion process by July 30, 2021. The May 24, 2021 final conference is adjourned to August 26, 2021 at 1:30 p.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, prior to the conference. Ordered by Magistrate Judge Arlene R. Lindsay on 4/27/2021. (Jacobwitz, Beth)
April 26, 2021 Filing 82 Consent MOTION for Extension of Time to Complete Discovery by Jie Hu, Libo Zhou. (Millus, Paul)
April 15, 2021 Opinion or Order ORDER re #81 Letter filed by Jun Yan. Plaintiff's letter request for an extension is denied with leave to refile as a motion, indicating whether Defendant consents to the requested extension. Ordered by Magistrate Judge Arlene R. Lindsay on 4/15/2021. (Jacobwitz, Beth)
April 14, 2021 Filing 81 Letter Requesting Extension of Discovery Deadline by Jun Yan (Szalkiewicz, Daniel)
February 16, 2021 Opinion or Order ORDER granting #80 Motion for Extension of Time to Complete Discovery. The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by April 14, 2021. Any party planning on making a dispositive motion must take the first step in the motion process by May 17, 2021. The March 30, 2021 final conference is adjourned to May 24, 2021 at 1:30 p.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, prior to the conference. Ordered by Magistrate Judge Arlene R. Lindsay on 2/16/2021. (Jacobwitz, Beth)
February 12, 2021 Filing 80 Joint MOTION for Extension of Time to Complete Discovery by Jie Hu, Libo Zhou. (Millus, Paul)
November 19, 2020 Opinion or Order ORDER denying to compel #77 #79 and granting Motion for Extension of Time to File Response/Reply. Local Rule 37.3 and the undersigned's Individual Rules require the attorneys for the respective parties to meet and confer in good faith in person or by telephone in an effort to resolve and/or narrow the issues prior to seeking judicial intervention. There is no indication that the parties conferred on these issues prior to submission of the instant application. Moreover, pursuant to this Court's Individual Rules, a pre-motion conference is not required before a party files a letter motion to compel. Accordingly, plaintiff's request is denied. Ordered by Magistrate Judge Arlene R. Lindsay on 11/19/2020. (Jacobwitz, Beth)
November 2, 2020 Filing 79 MOTION for pre motion conference re #77 First MOTION for pre motion conference Letter Motion by Jie Hu, Libo Zhou. (Millus, Paul)
October 30, 2020 Filing 78 MOTION for Extension of Time to File Response/Reply as to #77 First MOTION for pre motion conference Letter Motion by Jie Hu, Libo Zhou. (Millus, Paul)
October 27, 2020 Filing 77 First MOTION for pre motion conference Letter Motion by Jun Yan. (Attachments: #1 Exhibit 1, #2 2, #3 3, #4 4, #5 5) (Szalkiewicz, Daniel)
June 2, 2020 Opinion or Order Filing 76 SCHEDULING ORDER: Final Pretrial Conference set for March 30, 2021, at 1:30 PM before Magistrate Judge Arlene R. Lindsay. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 6/2/2020. c/ecf (Imrie, Robert)
June 1, 2020 Filing 75 CASE MANAGEMENT STATEMENT Join Proposed Case Management Plan (Szalkiewicz, Daniel)
May 29, 2020 Filing 74 ANSWER to #21 Amended Complaint by Jie Hu, Libo Zhou. (Millus, Paul)
April 23, 2020 Filing 73 Minute Order for proceedings held on 4/23/2020 before Judge Gary R. Brown: Civil Cause for Telephone Pre-Motion Conference. Counsel for Plaintiff: Daniel Szalkiewicz. Counsel for Defendant: Paul Millus. FTR #: 2:18-2:49 AT&T Conference. Motion for: Summary Judgment. Movant: Defendant. Case called. Counsel for all sides present. Motion argued. The Court deems the motion made. Motion is DENIED. (**No written decision**). The parties will submit a discovery schedule to Mag. Judge Lindsay within 2 weeks. (Tirado, Chelsea)
April 23, 2020 Oral MOTION for Summary Judgment by Jie Hu, Libo Zhou. (Tirado, Chelsea)
April 16, 2020 Filing 72 Subpoena by Jun Yan. (Szalkiewicz, Daniel)
April 16, 2020 Filing 71 Subpoena by Jun Yan. (Szalkiewicz, Daniel)
April 16, 2020 Filing 70 Subpoena by Jun Yan. (Szalkiewicz, Daniel)
April 6, 2020 Filing 69 Letter by Jun Yan (Attachments: #1 Declaration, #2 Rule 56.1 Statement) (Szalkiewicz, Daniel)
April 1, 2020 Opinion or Order ELECTRONIC ORDER granting #68 Motion for Extension of Time to File Response/Reply. Plaintiff's response is due by April 6, 2020. The pre-motion conference scheduled for April 23, 2020 at 2:00 PM is hereby converted to a telephone pre-motion conference at the same date and time. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, at the designated time. Counsel should note that, in appropriate cases, the pre-motion letter along with counsels' argument may be construed at the Court's discretion as the motion itself. See In re Best Payphones, Inc. 450 F. App'x 8, 15 (2d Cir. 2011). Ordered by Judge Gary R. Brown on 4/1/2020. (Yim, Kevin)
March 31, 2020 Filing 68 First MOTION for Extension of Time to File Response/Reply to Pre-Motion Correspondence by Jun Yan. (Szalkiewicz, Daniel)
March 16, 2020 Opinion or Order ELECTRONIC ORDER granting #67 Motion for Pre Motion Conference. A pre-motion conference is hereby scheduled for April 23, 2020 at 2:00 pm. Plaintiff shall file a pre-motion response by March 31, 2020. Ordered by Judge Gary R. Brown on 3/16/2020. (Yim, Kevin)
March 13, 2020 Filing 67 MOTION for pre motion conference by Jie Hu, Libo Zhou. (Attachments: #1 Rule 56.1 Statement, #2 Declaration) (Millus, Paul)
March 12, 2020 Opinion or Order ELECTRONIC ORDER granting #66 Motion for Extension of Time to File. Application granted. Ordered by Judge Gary R. Brown on 3/12/2020. (Yim, Kevin)
March 11, 2020 Filing 66 MOTION for Extension of Time to File by Jie Hu, Libo Zhou. (Millus, Paul)
February 12, 2020 Filing 65 Minute Order. for proceedings held before Magistrate Judge Arlene R. Lindsay Discovery Hearing held on 2/12/2020. Rulings placed on the record with respect to #60 , #61 and #63 . The defendants are directed to produce, for attorneys eyes only, the documents with respect to the application for permanent resident status and as to the childs schooling in New York as set forth on the record by February 21, 2020. Any party planning on making a dispositive motion must take the first step in the motion process by March 11, 2020. Counsel are directed to review District Judge Browns individual rules with respect to motion practice. c/ecf (Imrie, Robert)
February 6, 2020 Opinion or Order Filing 64 ORDER - Among the cases re-assigned to Judge Brown are cases where discovery schedules and/or conference dates have already been set by the District Judge. The parties are advised that, absent a specific order to the contrary, all previously established discovery deadlines remain in effect. Discovery is respectfully referred to the Magistrate Judge assigned to this case. Any conference scheduled to be held before the previously assigned District Judge is cancelled. SO Ordered by Judge Gary R. Brown on 2/6/2020. (Tirado, Chelsea)
February 6, 2020 Case reassigned to Judge Gary R. Brown. Judge Joan M. Azrack no longer assigned to the 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. (Russo, Eric)
February 3, 2020 Opinion or Order SCHEDULING ORDER: re #60 MOTION for Discovery filed by Jun Yan. A conference will be held in this case on February 12, 2020 at 1:00 p.m. before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York. All counsel must be present at the date and time indicated above. Ordered by Magistrate Judge Arlene R. Lindsay on 2/3/2020. (Jacobwitz, Beth)
February 1, 2020 Filing 63 REPLY to Response to Motion re #60 MOTION for Discovery Request to put in a reply filed by Jun Yan. (Szalkiewicz, Daniel)
January 30, 2020 Filing 62 RESPONSE in Opposition re #60 MOTION for Discovery filed by Jie Hu, Libo Zhou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Millus, Paul)
January 29, 2020 Opinion or Order ORDER granting #61 Motion for Extension of Time to File Response/Reply. Defendant's response to Plaintiff's motion shall be filed no later than January 30, 2020.Ordered by Magistrate Judge Arlene R. Lindsay on 1/29/2020. (Jacobwitz, Beth)
January 28, 2020 Filing 61 MOTION for Extension of Time to File Response/Reply as to #60 MOTION for Discovery by Jie Hu, Libo Zhou. (Millus, Paul)
January 23, 2020 Filing 60 MOTION for Discovery by Jun Yan. (Attachments: #1 Supplement Schedule A, #2 Exhibit January 10, 2020 Letter, #3 Exhibit Meet and Confer Letter, #4 Exhibit Defendant's Response Letter, #5 Exhibit Defendant's Production, #6 Exhibit July 2019 Order, #7 Exhibit Transcript, #8 Supplement Unpublished Decision, #9 Supplement Unpublished Decision) (Szalkiewicz, Daniel)
January 13, 2020 Opinion or Order ORDER re #59 : The Plaintiff's motion for leave to file a motion to compel and a motion for sanctions is denied as unnecessary. The Plaintiff may file a letter motion pursuant it Local Rule 37.3 Ordered by Magistrate Judge Arlene R. Lindsay on 1/13/2020. c/ecf (Imrie, Robert)
January 10, 2020 Filing 59 First MOTION to Strike Letter Motion to Strike by Jun Yan. (Szalkiewicz, Daniel)
November 21, 2019 Opinion or Order Filing 58 ORDER re #57 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 11/21/2019. c/ecf (Imrie, Robert)
November 19, 2019 Filing 57 CASE MANAGEMENT STATEMENT Joint Letter Clarification (Attachments: #1 Exhibit Weibo Statements) (Szalkiewicz, Daniel)
October 23, 2019 Opinion or Order Filing 56 ORDER re #55 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 10/23/2019. c/ecf (Imrie, Robert)
October 21, 2019 Filing 55 Letter by Jun Yan (Szalkiewicz, Daniel)
October 9, 2019 Opinion or Order ORDER granting #54 request for a discovery status update. Discovery in this matter, other than with respect to the limited issue of domicile, is being handled by the District Court. Accordingly, the parties are direct to submit a joint status letter regarding the status of discovery to the District Court no later than October 18, 2019. Ordered by Magistrate Judge Arlene R. Lindsay on 10/9/2019. (Jacobwitz, Beth)
October 8, 2019 Filing 54 First MOTION for Discovery by Jun Yan. (Szalkiewicz, Daniel)
August 13, 2019 Filing 53 Minute Order. for proceedings held before Magistrate Judge Arlene R. Lindsay conference held on 8/13/2019. Re #51 - #52 , the deposition does not have to take place over two days. However, if there are any delays Mr. Zhou must be available for a second day. c/ecf (Imrie, Robert)
August 13, 2019 Filing 52 Letter to Hon. Arlene R. Lindsay by Jie Hu, Libo Zhou (Millus, Paul)
August 13, 2019 Filing 51 First MOTION for pre motion conference by Jun Yan. (Attachments: #1 Exhibit) (Szalkiewicz, Daniel)
July 31, 2019 Filing 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 25, 2019, before Magistrate Judge Arlene R. Lindsay. Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2019. Redacted Transcript Deadline set for 9/2/2019. Release of Transcript Restriction set for 10/29/2019. (Kanellopoulos, John)
July 18, 2019 Opinion or Order ORDER granting #49 Motion to Adjourn Conference. At defendant's request, the hearing scheduled for July 18, 2019 shall be adjourned until July 25, 2019 at 12:30 p.m. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2019. (Jacobwitz, Beth)
July 17, 2019 Filing 49 Letter MOTION to Adjourn Conference by Jie Hu, Libo Zhou. (Millus, Paul)
July 15, 2019 Opinion or Order SCHEDULING ORDER re #47 Letter filed by Libo Zhou, Jie Hu. A hearing is scheduled for July 30 2019 at 3:00 p.m. to determine if sanctions are appropriate for Defendant's failure to appear in person for his Court Ordered deposition. Ordered by Magistrate Judge Arlene R. Lindsay on 7/15/2019. (Jacobwitz, Beth)
July 11, 2019 Filing 48 Letter Regarding Defendants' Deposition by Jun Yan (Szalkiewicz, Daniel)
July 8, 2019 Filing 47 Letter to The Honorable Arlene R. Lindsay by Jie Hu, Libo Zhou (Millus, Paul)
July 1, 2019 Opinion or Order ORDER: The July 2, 2019 telephone conference is canceled as there are no pending matters to be resolved. The parties are directed to file a joint status letter on, or before, July 19, 2019. Ordered by Magistrate Judge Arlene R. Lindsay on 7/1/2019. c/ecf (Imrie, Robert)
June 17, 2019 Filing 46 Minute Order for proceedings held before Magistrate Judge Arlene R. Lindsay conference held on 6/17/2019. As discussed at todays conference the defendants letter application dated June 7, 2019 for a protective order is granted to the following extent. Given the issues in this case and the history between the parties the recording of the deposition may only be used for purposes related to this litigation and may not be shared or broadcast to persons or entities outside of this litigation without the Courts permission. The parties shall discuss dates to conduct the deposition which shall take place on, or before July 12, 2019. c/ecf (Imrie, Robert)
June 13, 2019 Opinion or Order ORDER: A telephone conference is scheduled for June 17, 2019 at 12:30 p.m. to address Documents #44 and #45 . The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 at the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 6/13/2019. c/ecf (Imrie, Robert)
June 10, 2019 Filing 45 REPLY in Opposition to Letter Motion by Defendants filed by Jun Yan. (Szalkiewicz, Daniel)
June 7, 2019 Filing 44 Letter MOTION for pre motion conference by Jie Hu, Libo Zhou. (Millus, Paul)
May 29, 2019 Filing 43 Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay conference held on 5/29/2019. The issues set forth in Document #41 were resolved on the record. Dates for the defendants depositions were established. A telephone status conference is scheduled for July 2, 2019 at 2:00 p.m. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 at the scheduled time to access the call center. At the prompt enter access code 9424335. c/ecf (Imrie, Robert) Modified on 5/29/2019 (Imrie, Robert). (Main Document 43 replaced on 5/29/2019) (Imrie, Robert).
May 24, 2019 Filing 42 RESPONSE to Motion re #41 First MOTION for Extension of Time to Complete Discovery filed by Jie Hu, Libo Zhou. (Millus, Paul)
May 24, 2019 Opinion or Order ORDER re #41 : With respect to the request to schedule a conference call, the parties are reminded that a telephone status conference is scheduled for May 29, 2019 at 12:30 p.m. as set forth in undersigned's January 29, 2019 Order.Ordered by Magistrate Judge Arlene R. Lindsay on 5/24/2019. c/ecf (Imrie, Robert)
May 23, 2019 Filing 41 First MOTION for Extension of Time to Complete Discovery by Jun Yan. (Szalkiewicz, Daniel)
April 15, 2019 Filing 40 NOTICE of Appearance by Chunyang Zhang on behalf of Jun Yan (aty to be noticed) (Zhang, Chunyang)
April 15, 2019 Filing 39 NOTICE of Appearance by Daniel Szalkiewicz on behalf of Jun Yan (aty to be noticed) (Szalkiewicz, Daniel)
April 11, 2019 Filing 38 CERTIFICATE OF SERVICE by Jun Yan of Court's April 11, 2019 Order Terminating WeitzPascale as Plaintiff's Attorneys (Pascale, Brian)
April 11, 2019 Opinion or Order Filing 37 ORDER re #31 , #35 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 4/11/2019. c/ecf, Brian C. Pascale terminated (Imrie, Robert)
March 29, 2019 Filing 36 CERTIFICATE OF SERVICE by Jun Yan for Service of Letter Withdrawing Retaining Lien Previously Asserted (Pascale, Brian)
March 29, 2019 Filing 35 Amended MOTION to Withdraw as Attorney for Plaintiff Jun Yan, First MOTION to Withdraw Previously Asserted Retaining Lien by Jun Yan. (Pascale, Brian)
March 27, 2019 Filing 34 CERTIFICATE OF SERVICE by Jun Yan re #33 Order,, Directing WeitzPascale Serve a Copy on Plaintiff, JUN YAN (Attachments: #1 Exhibit 1 Proof of Service by Electronic Mail, #2 Exhibit 2 Proof of Service by Certified Mail) (Pascale, Brian)
March 27, 2019 Opinion or Order Filing 33 ORDER re #31 First MOTION to Withdraw as Attorney for Plaintiff filed by Jun Yan. The Court will reserve decision on Weitz and Pascale's request to withdraw as attorney of record for the plaintiff until April 5, 2019. On or before that date, Mr. Yan may weigh-in on the application. Upon receipt of this order, Weitz and Pascale are directed to serve a copy of the order on the plaintiff and file proof of service with the Court. Ordered by Magistrate Judge Arlene R. Lindsay on 3/27/2019. (Russo, Eric)
March 27, 2019 Filing 32 NOTICE of Appearance by Paul F. Millus on behalf of Jie Hu, Libo Zhou (aty to be noticed) (Millus, Paul)
March 26, 2019 Filing 31 First MOTION to Withdraw as Attorney for Plaintiff by Jun Yan. (Attachments: #1 Exhibit Consent to Change Attorney) (Pascale, Brian)
January 29, 2019 Opinion or Order ORDER: re #30 : The parties proposed schedule, limited to discovery as to the defendants' domicile, is adopted. A telephone status conference will be held on May 29, 2019 at 12:30 p.m. The Court will initiate the conference. The call in instructions are as follows: The dial in number is (888) 684-8852. At the prompt enter access code 7625765. After the submission of the joint status report on May 24, 2019, should the parties have no issues to raise with the Court a request to cancel the conference may be submitted. Ordered by Magistrate Judge Arlene R. Lindsay on 1/29/2019. c/ecf (Imrie, Robert)
January 25, 2019 Filing 30 Proposed Scheduling Order Limited to Discovery as to Defendants' Domicile by Jun Yan (Pascale, Brian)
January 11, 2019 Opinion or Order ORDER: Pursuant to District Judge Azrack's January 9, 2019 Order, the parties are directed to submit a joint status letter to the undersigned. The letter shall include a proposed scheduling order limited to discovery as to the domicile issue. Ordered by Magistrate Judge Arlene R. Lindsay on 1/11/2019. c/ecf (Imrie, Robert)
January 9, 2019 Filing 29 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR PRE-MOTION CONFERENCE. Counsel For Plaintiff: Andrew Weitz, present. Counsel For Defendant: Robert Zausmer, Stephen Scaring, present. Pre Motion Conference held on 1/9/2019 at 12:00 PM. Limited discovery to proceed before Judge Lindsay on the domicile issue. No motion practice at this time. (FTR Log #FTR: 12:11-12:25.) (Ortiz, Grisel)
December 6, 2018 Opinion or Order ORDER granting #25 Motion for Pre Motion Conference; terminating #27 Motion for Leave to File Excess Pages. A pre-motion conference will be held on 1/9/2019 at 12:00 PM before Judge Azrack in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 12/6/2018. (Posillico, Lauren)
November 7, 2018 Filing 28 RESPONSE in Opposition re #25 Letter MOTION for pre motion conference filed by Jun Yan. (Pascale, Brian)
November 7, 2018 Filing 27 First MOTION for Leave to File Excess Pages in Response to Defendants' Request for a Pre-Motion Conference by Jun Yan. (Pascale, Brian)
October 31, 2018 Filing 26 NOTICE of Appearance by Stephen P. Scaring on behalf of All Defendants (aty to be noticed) (Scaring, Stephen)
October 31, 2018 Filing 25 Letter MOTION for pre motion conference by Jie Hu, Libo Zhou. (Zausmer, Robert)
October 29, 2018 Opinion or Order ORDER re #24 : The time for Jie Hu and Libo Zhou to answer, move or otherwise respond to the complaint is extended to and including November 5, 2018. Ordered by Magistrate Judge Arlene R. Lindsay on 10/29/2018. c/ecf (Imrie, Robert)
October 25, 2018 Filing 24 STIPULATION Requesting to Be So-Ordered by Jie Hu, Libo Zhou (Zausmer, Robert) Modified on 10/29/2018 (Imrie, Robert).
October 9, 2018 Filing 23 CERTIFICATE OF SERVICE by Jun Yan re #21 Amended Complaint on Defendants (Pascale, Brian)
October 9, 2018 Filing 22 Letter Identifying Changes in Amended Complaint by Jun Yan (Pascale, Brian)
October 9, 2018 Filing 21 AMENDED COMPLAINT against All Defendants, filed by Jun Yan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Pascale, Brian)
September 17, 2018 Opinion or Order ORDER granting #20 Motion for Extension of Time to Answer. The time for Jie Hu and Libo Zhou to answer, move against or otherwise respond to the complaint is hereby extended to and including 10/10/2018. Ordered by Magistrate Judge Arlene R. Lindsay on 9/17/2018. (Jacobwitz, Beth)
September 14, 2018 Filing 20 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Jie Hu, Libo Zhou. (Attachments: #1 Stipulation to be "so ordered") (Zausmer, Robert)
September 11, 2018 Filing 19 SUMMONS Returned Executed by Jun Yan. Jie Hu served on 9/10/2018, answer due 10/1/2018. (Pascale, Brian)
September 11, 2018 Filing 18 SUMMONS Returned Executed by Jun Yan. Libo Zhou served on 9/10/2018, answer due 10/1/2018. (Pascale, Brian)
September 6, 2018 Filing 17 SUMMONS Returned Executed by Jun Yan. Jie Hu served on 9/5/2018, answer due 9/26/2018. (Pascale, Brian)
September 6, 2018 Filing 16 SUMMONS Returned Executed by Jun Yan. Libo Zhou served on 9/5/2018, answer due 9/26/2018. (Pascale, Brian)
September 4, 2018 Filing 15 SUMMONS Returned Executed by Jun Yan. Jie Hu served on 8/31/2018, answer due 9/21/2018. (Pascale, Brian)
September 4, 2018 Filing 14 SUMMONS Returned Executed by Jun Yan. Libo Zhou served on 8/31/2018, answer due 9/21/2018. (Pascale, Brian)
August 31, 2018 Filing 13 SUMMONS Returned Executed by Jun Yan. Jie Hu served on 8/30/2018, answer due 9/20/2018. (Pascale, Brian)
August 31, 2018 Filing 12 SUMMONS Returned Executed by Jun Yan. Libo Zhou served on 8/30/2018, answer due 9/20/2018. (Pascale, Brian)
August 24, 2018 Filing 11 Request for Refund of Fees Paid Electronically approved by Michael J. Kramer, Divisional Office Manager, on 08/24/2018.
August 23, 2018 Filing 10 SUMMONS Returned Executed by Jun Yan. Jie Hu served on 8/22/2018, answer due 9/12/2018. (Pascale, Brian)
August 23, 2018 Filing 9 SUMMONS Returned Executed by Jun Yan. Libo Zhou served on 8/22/2018, answer due 9/12/2018. (Pascale, Brian)
August 21, 2018 Filing 8 Summons Issued as to Jie Hu. (Ortiz, Grisel)
August 21, 2018 Filing 7 Summons Issued as to Libo Zhou. (Ortiz, Grisel)
August 20, 2018 Filing 6 Proposed Summons. by Jun Yan (Pascale, Brian)
August 20, 2018 Filing 5 Re #1 Complaint, by Jun Yan (Pascale, Brian)
August 20, 2018 Filing 4 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. (Rodin, Deanna)
August 20, 2018 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
August 20, 2018 Filing 2 First MOTION for Refund of Fees Paid Electronically at 6:55 p.m. on August 17, 2018 by Jun Yan. (Pascale, Brian)
August 20, 2018 Case Assigned to Judge Joan M. Azrack and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna)
August 20, 2018 Proposed summonses are rejected; the section that reads "The answer or motion must be served on plaintiff or plaintiff's attorney, whose name and address are:" has not be completed; the Clerk's Office cannot issue the summonses. Counsel is advised to submit completed proposed summonses in PDF fillable format using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna)
August 17, 2018 Filing 1 COMPLAINT against All Defendants filing fee $400, receipt number 0207-10666277, Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by Jun Yan. (Attachments: #1 Exhibit 1 - July 4, 2018 Weibo Post, #2 Exhibit 2 - July 9, 2018 Weibo Post, #3 Exhibit 3 - July 18, 2018 Weibo Post, #4 Exhibit 4 - July 24, 2018 Weibo Post, #5 Civil Cover Sheet, #6 Proposed Summons, #7 Proposed Summons) (Pascale, Brian) Modified on 8/20/2018 (Rodin, Deanna).

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Search for this case: Yan v. Zhou et al
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Plaintiff: Jun Yan
Represented By: Brian C. Pascale
Represented By: Alice Chunyang Zhang
Represented By: Brian C Pascale
Represented By: Daniel Szalkiewicz
Represented By: Cali Madia
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Defendant: Jie Hu
Represented By: Robert N. Zausmer
Represented By: Bing Zhang Ryan
Represented By: Joshua Eli Abraham
Represented By: Paul F. Millus
Represented By: Stephen P. Scaring
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Defendant: Libo Zhou
Represented By: Robert N. Zausmer
Represented By: Bing Zhang Ryan
Represented By: Joshua Eli Abraham
Represented By: Paul F. Millus
Represented By: Stephen P. Scaring
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