Zong v. Tu Zhang et al
| De Sheng Zong |
| Xiao Tu Zhang, Yuan Wei Cao, East Village Grand Sichuan Inc., Grand Sichuan 46 Inc., Grand Sichuan 74 St. Inc., Grand Sichuan Group Inc., Grand Sichuan 7 Ave. Inc., Grand Sichuan Eastern (NY) Inc., Grand Sichuan House, Inc., Grand Sichuan International 24 Inc., Grand Sichuan NY, Inc., Grand Sichuan on 1st Ave. Inc., Grand Sichuan West Village Inc., ABC Corporation, Mei Xia Luo Wong, Amy Wong, Guo Huan Luo, Yun Xia Xu, John Doe and Jane Doe |
| 1:2012cv00589 |
| January 24, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Lorna G Schofield |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 87
ORDER: Accordingly, it is hereby ORDERED that this settled action is dismissed without costs and without prejudice to restoring the action to the Courts calendar, provided the application to restore the action is made within thirty (30) days. Any pending motions are DISMISSED as moot, and all conferences are CANCELLED. (Signed by Judge Lorna G. Schofield on 3/28/2014) (cd)
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Filing 86
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard Alan Chen, Esq. dated 3/24/2014 re: Thus, the March 28th, 2014 Settlement Conference will be unnecessary, and should be marked off the Court's Calendar. ENDORSEMENT: The Settlement Conference is Cancelled. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/24/2014) (ama)
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| Received returned mail re: Mail Order by Certified Mail, #84 Order Referring Case to Magistrate Judge. Mail was addressed to Yuan Wei Cao 19 St. Marks Place New York, NY 10003 and was returned for the following reason(s): Not deliverable as addressed - unable to forward. (ca) |
| Filing 85 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard Alan Chen dated 2/24/14 re: Counsel writes to request that the 3/5/14 conference be adjourned. ENDORSEMENT: Settlement conference adjourned to March 28, 2014 at 10:00 a.m. Letters are due March 24, 2014. ( Settlement Conference set for 3/28/2014 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/26/2014) (mro) |
| Mailed a copy of #84 Order Referring Case to Magistrate Judge, to Yuan Wei Cao 19 St. Marks Place New York, NY 10003. (ca) |
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Filing 84
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. In light of the retention of new counsel and the request for another settlement conference by the parties, this case is hereby referred to Magistrate Judge Gabriel W. Gorenstein for settlement. The parties shall promptly schedule a settlement conference date and arrange for all individual parties including pro se Defendant Yuan Wei Cao to be present at this conference. The Clerk of Court is directed to mail a copy of this order to the pro se Defendant. (Signed by Judge Lorna G. Schofield on 2/19/2014) (ft)
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| Transmission to Docket Assistant Clerk. Transmitted re: #84 Order Referring Case to Magistrate Judge to the Docket Assistant Clerk for case processing. (ft) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Show Cause Hearing held on 2/19/2014. (Court Reporter Jennifer Thun) (jcs) |
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Filing 83
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for March 5, 2014 at 3:15p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. All persons attending the conference should arrive early to allow for the time required to pass through the security clearance process. SO ORDERED. ( Settlement Conference set for 3/5/2014 at 03:15 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/19/2014) (ama)
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| Filing 82 AFFIDAVIT OF SERVICE of Order served on Yuan Wei Cao on 2/18/14. Document filed by Yuan Wei Cao. (Xue, Benjamin) |
| Filing 80 MEMORANDUM OF LAW in Support re: #75 MOTION for Benjamin B. Xue and Hsien Chih Kung to Withdraw as Attorney for Defendants Xiao Tu Zhang, Yuan Wei Cao, and East Village Grand Sichuan Inc... Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao. (Attachments: #1 Exhibit Grand Sichuan Invoices)(Xue, Benjamin) |
| Filing 79 DECLARATION of Benjamin B. Xue in Support re: #75 MOTION for Benjamin B. Xue and Hsien Chih Kung to Withdraw as Attorney for Defendants Xiao Tu Zhang, Yuan Wei Cao, and East Village Grand Sichuan Inc... Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao. (Xue, Benjamin) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Benjamin B. Xue to RE-FILE Document #77 MOTION for Benjamin B. Xue and Hsien Chih Kung to Withdraw as Attorney for Defendants Xiao Tu Zhang, Yuan Wei Cao, and East Village Grand Sichuan Inc.. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Benjamin B. Xue to RE-FILE Document #76 MOTION for Benjamin B. Xue and Hsien Chih Kung to Withdraw as Attorney for Defendants Xiao Tu Zhang, Yuan Wei Cao, and East Village Grand Sichuan Inc.. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) |
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Filing 81
ORDER granting #75 Motion to Withdraw as Attorney. It is hereby ORDERED that Mr. Benjamin B. Xue's motion to withdraw as counsel for Defendants is granted. The Clerk is directed to close the motion at Docket No. 74 and mark all attorneys from Xue & Associates, P.C. as terminated on ECF. Pursuant to the Consent to Change Attorney appended hereto, the Clerk is directed to add Mr. Richard Alan Chen as counsel for Defendants Xiao Tu Zhang and East Village Grand Sichuan, Inc., and remove the reference to Mr. Zhang as a pro se litigant. Furthermore, pursuant to the Notice of Substitution of Attorney entered on November 9, 2013, the Clerk is directed to mark Mr. Daniel Mark O'Hara, Jr., former counsel for Plaintiff, as terminated on ECF. It is further ORDERED that all parties and their counsel shall appear for an order to show cause hearing on February 19, 2014, at 10:30 a.m. as further set forth in this order. It is further ORDERED that, in accordance with and as further provided in Individual Rule IV.B: (1) The parties' motions in limine shall be due March 28, 2014. Any responses to the motions shall be due April 7, 2014. (2) Any final pretrial memoranda of law, joint requests to charge, voir dire and any verdict form, as provided in the Court's individual rules, shall be submitted by April 7, 2014. (3) The final pretrial order shall be due April 14, 2014. (4) The parties shall appear for a final pretrial conference on April 28, 2014, at 10:30 a.m. (5) The trial shall commence May 12, 2014 at 9:45 a.m. The parties should advise the Court immediately by joint letter if they wish a referral to a Magistrate Judge for a settlement conference. It is further ORDERED that Mr. Xue shall serve a copy of this Order upon Defendant Yuan Wei Cao and inform him of his duty to appear at the February 19 hearing. Added attorney Richard Alan Chen for East Village Grand Sichuan Inc.,Richard Alan Chen for Xiao Tu Zhang. Attorney Benjamin B. Xue; Hsien Chih Kung and Brian Jeffrey Shenker terminated. (Signed by Judge Lorna G. Schofield on 2/14/2014) (lmb) Modified on 2/19/2014 (lmb).
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| Set/Reset Hearings:( Final Pretrial Conference set for 4/28/2014 at 10:30 AM before Judge Lorna G. Schofield., Jury Trial set for 5/12/2014 at 09:45 AM before Judge Lorna G. Schofield., Show Cause Hearing set for 2/19/2014 at 10:30 AM before Judge Lorna G. Schofield.), Set/Reset Deadlines: ( Motions due by 3/28/2014., Pretrial Order due by 4/14/2014., Responses due by 4/7/2014.) (lmb) Modified on 2/18/2014 (lmb). |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 2/14/2014. (Court Reporter Karen Gorlaski) (jcs) |
| Filing 78 AFFIDAVIT OF SERVICE of Notice of Motion to Withdraw as Counsel, Declaration of Benjamin B. Xue in Support, Memorandum of Law in Support served on Yuan Wei Cao, Xiao Tu Zhang, Richard Alan Chen on 2/13/14. Service was made by Electronic Mail. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao. (Xue, Benjamin) |
| Filing 77 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Benjamin B. Xue and Hsien Chih Kung to Withdraw as Attorney for Defendants Xiao Tu Zhang, Yuan Wei Cao, and East Village Grand Sichuan Inc.. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao. (Attachments: #1 Exhibit Grand Sichuan Invoices)(Xue, Benjamin) Modified on 2/18/2014 (db). |
| Filing 76 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Benjamin B. Xue and Hsien Chih Kung to Withdraw as Attorney for Defendants Xiao Tu Zhang, Yuan Wei Cao, and East Village Grand Sichuan Inc.. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao.(Xue, Benjamin) Modified on 2/18/2014 (db). |
| Filing 75 MOTION for Benjamin B. Xue and Hsien Chih Kung to Withdraw as Attorney for Defendants Xiao Tu Zhang, Yuan Wei Cao, and East Village Grand Sichuan Inc.. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao.(Xue, Benjamin) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Benjamin B. Xue to RE-FILE Document #74 MOTION for Benjamin B. Xue and Hsien Chih Kung to Withdraw as Attorney for Defendants Xiao Tu Zhang, Yuan Wei Cao, and East Village Grand Sichuan Inc.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 74 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Benjamin B. Xue and Hsien Chih Kung to Withdraw as Attorney for Defendants Xiao Tu Zhang, Yuan Wei Cao, and East Village Grand Sichuan Inc.. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao. (Attachments: #1 Declaration of Benjamin B. Xue, #2 Memorandum of Law, #3 Exhibit Grand Sichuan Cases Invoices, #4 Affirmation of Service)(Xue, Benjamin) Modified on 2/14/2014 (db). |
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Filing 73
ENDORSED LETTER addressed to Judge Lorna G. Schofield from I. Frederick Shotkin, dated 2/7/2014, re: response to Defendants' Counsel Motion to Withdraw as Counsel. ENDORSEMENT: Application granted. All parties and their counsel shall appear telephonically for a conference on February 14, 2014, at 10:50 a.m. Counsel for Defendants shall serve a copy of this order upon Mr. Richard Alan Chen, who shall also appear telephonically for the conference. (Telephone Conference set for 2/14/2014 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 2/10/2014) (ja)
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| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Isaiah Frederick Shotkin to RE-FILE Document #71 Response to Motion. ERROR(S): Document linked to filing error. (db) |
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Filing 72
ORDER: It is hereby ORDERED that no later than February 14, 2014, Mr. Xue shall refile his motion to withdraw, accompanied by a sworn affidavit in support of the representations made in the motion. It is further ORDERED that Mr. Chen shall enter appearance on behalf of Defendants Zhang and East Village Grand Sichuan Inc., if at all, no later than February 14, 2014. Mr. Xue shall serve copies of this order upon Mr. Chen, Mr. Zhang and East Village Grand Sichuan Inc., ( Motions due by 2/14/2014.) (Signed by Judge Lorna G. Schofield on 2/7/2014) (lmb)
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| Filing 71 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from I. Frederick Shotkin, Esq., Attorney for Plaintiff dated February 7, 2014 re: #70 FIRST MOTION for Benjamin B. Xue to Withdraw as Attorney for Defendants Yuan Wei Cao, Xiao Tu Zhang, and East Village Grand Sichuan Inc.., #69 FIRST MOTION for Benjamin B. Xue to Withdraw as Attorney for Yuan Wei Cao, Xiao Tu Zhang, and East Village Grand Sichuan Inc.. Faxed to Richard Alan Chen, Esq.. Document filed by De Sheng Zong. (Shotkin, Isaiah) Modified on 2/10/2014 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Benjamin B. Xue. Document No. #70 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Withdraw as Attorney must be formally filed. (db) |
| Filing 70 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST MOTION for Benjamin B. Xue to Withdraw as Attorney for Defendants Yuan Wei Cao, Xiao Tu Zhang, and East Village Grand Sichuan Inc.. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao. (Attachments: #1 Exhibit Letter from New Attorney for Defendants Xiao Tu Zhang and East Village Grand Sichuan Inc.)(Xue, Benjamin) Modified on 2/7/2014 (db). |
| Filing 69 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST MOTION for Benjamin B. Xue to Withdraw as Attorney for Yuan Wei Cao, Xiao Tu Zhang, and East Village Grand Sichuan Inc.. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao.(Xue, Benjamin) Modified on 2/7/2014 (db). |
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Filing 68
ORDER granting #67 Letter Motion for Extension of Time to File Defendants' Motion for Partial Summary Judgment. The Motion shall be filed by February 3, 2014. Plaintiffs' response shall be filed by February 24, 2014. Any reply shall be filed by March 3, 2014. No further extensions absent extraordinary circumstances. The continuation of settlement discussions is not an extraorindary circumstance. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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| Filing 67 LETTER MOTION for Extension of Time to File Partial Summary Judgment Motion addressed to Judge Lorna G. Schofield from Thomas Hsien Chih Kung dated 1/3/2014. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao.(Kung, Hsien) |
| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 12/20/2013. (Gonzalez, Sylvia) |
| Filing 66 NOTICE OF APPEARANCE by Isaiah Frederick Shotkin on behalf of De Sheng Zong. (Shotkin, Isaiah) |
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Filing 65
ORDER: Per the telephone conference held today, Settlement Conference set for 12/20/2013 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. The submissions required by the Order dated November 14, 2013, are due by midnight on December 13, 2013. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/3/2013) (cd)
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| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 12/3/2013. (Gonzalez, Sylvia) |
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Filing 64
ORDER granting #62 Letter Motion for Extension of Time: Application granted. Defendants shall file their opening brief by January 6, 2014. Plaintiffs shall file their response by January 27, 2014. Defendants shall file any reply by February 3, 2014. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 63
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for December 6, 2013 at 2:30 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. All persons attending the conference should arrive early to allow for the time required to pass through the security clearance process. The parties should also note that paragraph 3 of the Standing Order requires certain written submissions, which must be received by the Court and all other parties no later than midnight four business days before the conference: that is, December 2, 2013. (Settlement Conference set for 12/6/2013 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/14/2013) (rsh)
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| Filing 62 LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Thomas H.C. Kung dated November 13, 2013. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao.(Kung, Hsien) |
| Filing 61 NOTICE of Substitution of Attorney. Old Attorney: Daniel M. O'Hara, New Attorney: I. Frederick Shotkin, Address: Shotkin, Lee & Associates, 488 Madison Avenue, New York, New York, USA 10022, (212) 876-8333. Document filed by De Sheng Zong. (Shotkin, Isaiah) |
| Filing 60 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Daniel M. O'Hara dated 11/5/2013 re: Counsel for plaintiff will be applying to Judge Schofield for leave to withdraw as counsel since my client cannot be reached and therefore I lack any authorization to settle or litigate this case on his behalf. I believe my appearance on Friday, November 8, 2013 for a settlement conference before Your Honor may prove fruitless. ENDORSEMENT: The settlement conference is adjourned sine die. Mr. O'Hara is directed to make the referenced application to Judge Schofield by Friday, November 8, 2013. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/5/2013) (rsh) |
| Filing 59 NOTICE OF APPEARANCE by Hsien Chih Kung on behalf of East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao. (Kung, Hsien) |
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Filing 58
MEMO ENDORSEMENT on re: #57 Letter filed by Yuan Wei Cao, East Village Grand Sichuan Inc., Xiao Tu Zhang. ENDORSEMENT: Whereas discovery is complete and the discovery record is closed. ORDERED that Defendants shall file their opening brief by November 14, 2013. Plaintiffs shall file their response by December 4, 2013. Defendants shall file any reply by December 11, 2013. The parties shall comply with the Court's individual rules. (See especially Parts III.B-C). ( Brief due by 11/14/2013., Responses due by 12/4/2013, Replies due by 12/11/2013.) (Signed by Judge Lorna G. Schofield on 10/23/2013) (lmb)
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| Filing 57 LETTER addressed to Judge Lorna G. Schofield from Benjamin B. Xue dated 10/23/2013 re: Motion for Summary Judgment. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao.(Xue, Benjamin) |
| Filing 56 LETTER addressed to Judge Lorna G. Schofield from Daniel M. O'Hara, Esq. dated 10/23/13 re: Pre-Motion Letter. Document filed by De Sheng Zong.(O'Hara, Daniel) |
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Filing 55
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for November 8, 2013 at 2:30 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. All persons attending the conference should arrive early to allow for the time required to pass through the security clearance process. The parties should also note that paragraph 3 of the Standing Order requires certain written submissions, which must be received by the Court and all other parties no later than midnight four business days before the conference: that is, November 4, 2013. (Settlement Conference set for 11/8/2013 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/17/2013) (rsh)
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Filing 54
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 10/16/2013) (lmb)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 10/16/2013. The parties shall submit pre-motion letters no later than October 23, 2013. (Court Reporter Sabrina Demidio) (jcs) |
| Filing 53 LETTER addressed to Judge Lorna G. Schofield from Daniel M. O'Hara, Esq. dated 10.07.2013 re: Pre-motion Letter. Document filed by De Sheng Zong.(O'Hara, Daniel) |
| Filing 52 LETTER addressed to Judge Lorna G. Schofield from Brian J. Shenker dated 10/7/2013 re: Pre-Motion Letter. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao.(Shenker, Brian) |
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Filing 51
ORDER denying #50 Letter Motion for Extension of Time. The parties shall comply with the Court's September 23, 2013, order and all deadlines therein. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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| Filing 50 LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Brian J. Shenker dated 9/30/2013. Document filed by Xiao Tu Zhang, Yuan Wei Cao.(Shenker, Brian) |
| Filing 49 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Brian J. Shenker dated 9/20/2013 re: This office represents the Defendants Xiao Tu Zhang, Yuan Wei Cao, East Village Grand Sichuan Inc., Grand Sichuan 46 Inc., and Grand Sichuan West Village Inc. (collectively Defendants),. Defendants respectfully request that the deadline for submission of letters be extended to October 7, 2013, to accommodate the new end date for discovery, and that any responses be due by October 11, 2013. ENDORSEMENT: Application granted. The parties shall file any pre-motion letters no later than October 7, 2013. Any responses shall be filed no later than October 11, 2013. The conference currently set for September 26, 2013, at 2:30 p.m. is adjourned to October 16, 2013, at 10:30 a.m. No further extensions will be granted.., ( Responses due by 10/11/2013), (Status Conference set for 10/16/2013 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/23/2013) (rsh) |
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Filing 48
ORDER granting in part and denying in part #47 Letter Motion for Extension of Time to Complete Fact Discovery. Fact Discovery due by 9/30/2013. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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| Filing 47 LETTER MOTION for Extension of Time to Complete Discovery (Joint Letter) addressed to Judge Lorna G. Schofield from Daniel M. O'Hara, Esq. dated 9.13.13. Document filed by De Sheng Zong.(O'Hara, Daniel) |
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Filing 46
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Daniel M. O'Hara dated 9/12/2013 re: Counsel now join and request the Court endorse this letter and thereby extend the deadline for completion of all discovery to December 13, 2013. ENDORSEMENT: Application denied. Per the Court's July 12, 2013, order, parties seeking further extensions are required to demonstrate extraordinary circumstances, which have not been shown here. Fact discovery shall be completed by September 13, 2013. The parties are further reminded to review and comply with Individual Rule I.B.1 in all future communications with Chambers., ( Fact Discovery due by 9/13/2013.) (Signed by Judge Lorna G. Schofield on 9/12/2013) (lmb)
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| Filing 45 ANSWER to #43 Amended Complaint,. Document filed by East Village Grand Sichuan Inc., Xiao Tu Zhang, Yuan Wei Cao.(Shenker, Brian) |
| Filing 44 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Daniel M. O'Hara dated 7/17/2013 re: I write to formally acknowledge that Plaintiff has recently served and filed a Second Amended Complaint. ENDORSEMENT: Defendants shall file an answer or otherwise respond to the Second Amended Complaint no later than July 30, 2013., East Village Grand Sichuan Inc. answer due 7/30/2013; Jane Doe answer due 7/30/2013; John Doe answer due 7/30/2013; Xiao Tu Zhang answer due 7/30/2013; Yuan Wei Cao answer due 7/30/2013. (Signed by Judge Lorna G. Schofield on 7/18/2013) (lmb) |
| Filing 43 SECOND AMENDED COMPLAINT amending #39 Amended Complaint,, against East Village Grand Sichuan Inc., Jane Doe, John Doe, Xiao Tu Zhang, Yuan Wei Cao.Document filed by De Sheng Zong. Related document: #39 Amended Complaint,, filed by De Sheng Zong.(mro) |
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Filing 42
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Daniel M. O'Hara dated 7/12/2013 re: Counsel now join and request the Court endorse this letter and thereby extend the deadline for completion of all fact discovery to October 11, 2013. ENDORSEMENT: The schedule as set forth in the Court's Order dated June 6, 2013 (Dkt. No. 38) is extended as follows: (1) Fact discovery shall be completed by September 13, 2013. (2) Pre-motion letters, if any, shall be submitted to the Court by September 20, 2013. (3) Responses to pre-motion letters shall be submitted to the Court by September 24, 2013. (4) The conference previously scheduled for July 31, 2013, is ADJOURNED to September 26, 2013, at 2:30 p.m. No further extensions absent extraordinary circumstances., ( Fact Discovery due by 9/13/2013.), ( Status Conference set for 9/26/2013 at 02:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/12/2013) (lmb)
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| Filing 41 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Benjamin B. Xue dated 6/28/2013 re: Counsel for Defendants Xiao Tu Zhang, Yuan Wei Cao, East Village Grand Sichuan Inc., Grand Sichuan 46 Inc., and Grand Sichuan West Village Inc. submits this letter to advise the Court that Plaintiffs' counsel consents to an extension of Defendants' time to answer the Amended Complaint for an additional 10 business days. ENDORSEMENT: Application granted. Defendants' time to answer the Amended Complaint is extended for an additional 10 business days, to July 19, 2013., East Village Grand Sichuan Inc. answer due 7/19/2013; Grand Sichuan 46 Inc. answer due 7/19/2013; Grand Sichuan West Village Inc. answer due 7/19/2013; Xiao Tu Zhang answer due 7/19/2013; Yuan Wei Cao answer due 7/19/2013. (Signed by Judge Lorna G. Schofield on 7/1/2013) (rsh) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Daniel Michael O'Hara, Jr. for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #39 Amended Complaint,, to: caseopenings@nysd.uscourts.gov. (mro) |
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Filing 40
ORDER: WHEREAS, on June 6, 2013, the Court ordered that anyone who purported to be counsel of record for Plaintiff, excluding Daniel M. OHara Jr., so inform the Court by June 10, 2013, and that anyone who had not so informed the Court by June 10, 2013, would be stricken as counsel of record. WHEREAS, the Court has not received any letter in response to the June 6, 2013, Order. Accordingly, it is hereby ORDERED that Jeffrey Charles Neiman of the law firm Giuttari and Mertz Law Office, P.C., and Ming Chu Lee of the law firm Lee & Associates are stricken as counsel of record. SO ORDERED. Attorney Ming Chu Lee and Jeffrey Charles Neiman terminated. (Signed by Judge Lorna G. Schofield on 6/19/2013) (rsh)
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| Filing 39 AMENDED COMPLAINT amending #1 Complaint,, against ABC Corporation, East Village Grand Sichuan Inc., Grand Sichuan 46 Inc., Grand Sichuan 7 Ave. Inc., Grand Sichuan 74 St. Inc., Grand Sichuan Eastern (NY) Inc., Grand Sichuan Group Inc., Grand Sichuan House, Inc., Grand Sichuan International 24 Inc., Grand Sichuan NY, Inc., Grand Sichuan West Village Inc., Grand Sichuan on 1st Ave. Inc., Jane Doe, John Doe, Xiao Tu Zhang, Yuan Wei Cao with JURY DEMAND.Document filed by De Sheng Zong. Related document: #1 Complaint,, filed by De Sheng Zong.(Received in the night deposit box on 6/14/13 at 7:48pm)(mro) (mro). |
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Filing 38
ORDER: A conference having been held before the Court on June 5, 2013, it is hereby ORDERED that any amended pleading shall be filed by June 14, 2013. All fact discovery shall be completed by July 15, 2013. Any pre-motion letters shall be submitted by July 22, 2013. Any response to a pre-motion letter shall be submitted by July 25, 2013. A pre-motion conference or if there are no motions anticipated, then a status conference -- shall be held before the Court on July 31, 2013, at 3:45 p.m. before Judge Lorna G. Schofield. It is further ORDERED that anyone who purports to be counsel of record for Plaintiff,excluding Daniel M. O'Hara Jr., shall so inform the Court by June 10, 2013, by way of letter. The letter shall be sent via email (Schofield_NYSDChambers@nysd.uscourts.gov), in PDF format, and shall state counsels status, role and relationship to Attorney Daniel M. O'Hara in the representation of Plaintiff. Anyone who has not so informed the Court by June 10, 2013 will be stricken as counsel of record. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/6/2013) (rsh).
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Filing 37
ORDER: A status conference having been held before the Court on May 28, 2013, it is hereby ORDERED that Defendants shall submit any pre-motion letter, in accordance with the Courts Individual Rules, no later than May 31, 2013.ORDERED that Plaintiff shall submit to the Court a response to Defendants pre-motion letter no later than June 4, 2013. ORDERED that counsel for all parties shall appear before the Court for a conference on June 5, 2013 at 2:45 p.m. before Judge Lorna G. Schofield. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/28/2013) (rsh)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 5/28/2013. (See Order) (jcs) |
| Filing 36 NOTICE OF APPEARANCE by Daniel Michael O'Hara, Jr on behalf of De Sheng Zong (O'Hara, Daniel) |
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Filing 35
ORDER: Whereas this case has been assigned to me for all purposes, it is hereby, ORDERED that counsel for all parties appear for a status conference with the Court at the time and place listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Counsel who appear must be prepared to discuss the merits of the case, argue any motions and discuss any pending discovery issues. IT IS FURTHER ORDERED that counsel shall review and comply with the Court's Individual Rules and Procedures ("Individual Rules") (available at the Court's website, http://nysd.uscourts.gov/judge/Schofield). Status Conference set for 5/28/2013 at 03:40 PM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/6/2013) (ft)
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| Filing 34 NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Naomi Reice Buchwald is no longer assigned to the case. (pgu) |
| Mailed notice re: #34 Notice of Case Assignment/Reassignment to the attorney(s) of record. (pgu) |
| Filing 33 NOTICE OF APPEARANCE by Ming Chu Lee on behalf of De Sheng Zong (Lee, Ming Chu) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 10/15/2012. (ja) |
| Filing 32 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF SPECIFIC DEFENDANTS Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) ABC Corporation, Grand Sichuan 46 Inc., Grand Sichuan 7 Ave. Inc., Grand Sichuan 74 St. Inc., Grand Sichuan Eastern (NY) Inc., Grand Sichuan Group Inc., Grand Sichuan House, Inc., Grand Sichuan International 24 Inc., Grand Sichuan NY, Inc., Grand Sichuan West Village Inc., Grand Sichuan on 1st Ave. Inc. (Signed by Judge Naomi Reice Buchwald on 9/4/2012) (jar) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeffrey Neiman for noncompliance with Section 18.4 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. (Please have attorney Sign the attached before e-mailing)E-MAIL the PDF for Document #31 Stipulation of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt) |
| Filing 31 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Grand Sichuan 46 Inc., Grand Sichuan 7 Ave. Inc., Grand Sichuan 74 St. Inc., Grand Sichuan Eastern (NY) Inc., Grand Sichuan Group Inc., Grand Sichuan House, Inc., Grand Sichuan International 24 Inc., Grand Sichuan NY, Inc., Grand Sichuan West Village Inc., Grand Sichuan on 1st Ave. Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by De Sheng Zong.(Neiman, Jeffrey) Modified on 8/27/2012 (dt). |
| Filing 30 NOTICE OF APPEARANCE by Jeffrey Charles Neiman on behalf of De Sheng Zong (Neiman, Jeffrey) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Initial Pretrial Conference held on 8/16/2012. (lmb) |
| Filing 29 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/16/2012 at 03:00 PM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 8/09/2012) (ama) |
| *** FINAL NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeffrey Charles Neiman for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint,, to: caseopenings@nysd.uscourts.gov. (ama) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeffrey Charles Neiman for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. (jw) |
| Filing 27 AFFIDAVIT OF SERVICE. East Village Grand Sichuan Inc. served on 2/23/2012, answer due 3/15/2012. Service was accepted by Chad Matice, Authorized Agent in the office of Secretary of State. Document filed by De Sheng Zong. (Neiman, Jeffrey) |
| Filing 26 VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF SPECIFIC DEFENDANTS: Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the plaintiff and or their counsel, hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendants Guo Huan Luo, Mei Xia Luo Wong, Amy Wong, Yun Xia Xu. (Signed by Judge Naomi Reice Buchwald on 3/2/2012) (cd) |
| Filing 25 NOTICE OF APPEARANCE by Brian Jeffrey Shenker on behalf of East Village Grand Sichuan Inc., Grand Sichuan 46 Inc., Grand Sichuan West Village Inc., Xiao Tu Zhang, Yuan Wei Cao (Shenker, Brian) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jeffrey Charles Neiman to MANUALLY RE-FILE Document No. #21 Order To Show Cause, with the Orders and Judgments Department. This document is NOT filed via ECF. (ldi) |
| Filing 21 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for Temporary Restraining Order. Document filed by De Sheng Zong. (Attachments: #1 Affidavit in support)(Neiman, Jeffrey) Modified on 2/27/2012 (ldi). |
| Filing 20 ANSWER to #1 Complaint,,. Document filed by East Village Grand Sichuan Inc., Grand Sichuan 46 Inc., Grand Sichuan West Village Inc., Xiao Tu Zhang, Yuan Wei Cao.(Xue, Benjamin) |
| Filing 19 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Grand Sichuan 46 Inc..(Xue, Benjamin) |
| Filing 18 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Grand Sichuan West Village Inc..(Xue, Benjamin) |
| Filing 17 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by East Village Grand Sichuan Inc..(Xue, Benjamin) |
| Filing 16 NOTICE OF APPEARANCE by Benjamin B. Xue on behalf of East Village Grand Sichuan Inc., Grand Sichuan 46 Inc., Grand Sichuan West Village Inc., Xiao Tu Zhang, Yuan Wei Cao (Xue, Benjamin) |
| Filing 13 AFFIDAVIT OF SERVICE. Service was accepted by Joe Kai, Manager of business. Document filed by De Sheng Zong. (Neiman, Jeffrey) |
| Filing 12 AFFIDAVIT OF SERVICE. ABC Corporation served on 1/25/2012, answer due 2/15/2012; East Village Grand Sichuan Inc. served on 1/25/2012, answer due 2/15/2012; Grand Sichuan 46 Inc. served on 1/25/2012, answer due 2/15/2012; Grand Sichuan 7 Ave. Inc. served on 1/25/2012, answer due 2/15/2012; Grand Sichuan 74 St. Inc. served on 1/25/2012, answer due 2/15/2012; Grand Sichuan Eastern (NY) Inc. served on 1/25/2012, answer due 2/15/2012; Grand Sichuan Group Inc. served on 1/25/2012, answer due 2/15/2012; Grand Sichuan House, Inc. served on 1/25/2012, answer due 2/15/2012; Grand Sichuan International 24 Inc. served on 1/25/2012, answer due 2/15/2012; Grand Sichuan NY, Inc. served on 1/25/2012, answer due 2/15/2012; Grand Sichuan West Village Inc. served on 1/25/2012, answer due 2/15/2012; Grand Sichuan on 1st Ave. Inc. served on 1/25/2012, answer due 2/15/2012; Jane Doe served on 1/25/2012, answer due 2/15/2012; John Doe served on 1/25/2012, answer due 2/15/2012; Xiao Tu Zhang served on 1/25/2012, answer due 2/15/2012; Yuan Wei Cao served on 1/25/2012, answer due 2/15/2012. Service was accepted by Joe Kai, Manager. Document filed by De Sheng Zong. (Neiman, Jeffrey) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeffrey Neiman for noncompliance with Section 18.4 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #4 Notice of Voluntary Dismissal, (Sign Notice of Voluntary Dismissal before e-mailing) to: judgments@nysd.uscourts.gov. (dt) |
| Filing 4 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Guo Huan Luo, Mei Xia Luo Wong, Amy Wong, Yun Xia Xu. Document filed by All Plaintiffs. (Neiman, Jeffrey) Modified on 2/16/2012 (dt). |
| Filing 28 NOTICE OF APPEARANCE that Guo Huan Luo (Defendant) will appear Pro Se in this Action. by Guo Huan Luo (pl) |
| Filing 24 ANSWER to #1 Complaint. Document filed by Guo Huan Luo.(pl) |
| Filing 11 ANSWER to #1 Complaint. Document filed by Xiao Tu Zhang.(mro) |
| Filing 10 ANSWER to #1 Complaint. Document filed by Amy Wong.(mro) |
| Filing 9 ANSWER to #1 Complaint. Document filed by Mei Xia Luo Wong.(mro) |
| Filing 8 NOTICE OF APPEARANCE by Mei Xia Luo Wong appearing Pro Se. (mro) |
| Filing 7 NOTICE OF APPEARANCE by Amy Wong appearing Pro Se. (mro) |
| Filing 6 NOTICE OF APPEARANCE by Xiao Tu Zhang appearing Pro Se. (mro) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #3 HAS BEEN REJECTED. Note to Attorney Jeffrey Charles Neiman : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi) |
| Filing 3 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION to Substitute Party. Old Party: Ms. Xiaotu Zhang, New Party: Mr. Xiao Tu Zhang. Document filed by De Sheng Zong.(Neiman, Jeffrey) Modified on 2/14/2012 (ldi). |
| Filing 5 Letter addressed to Judge Naomi Reice Buchwald from Yuan Cao dated 2/2/2012 re: Mr. Cao writes to inform the Court that he believes his mom it being wrongfully accused. (ab) |
| Filing 2 Letter addressed to Magistrate Judge Naomie Reice Buchwald from Xiaotu Zhang dated 2/3/2012 re: Defendant writes he does not want to be associated with this lawsuit in any way and do not want any connection to it, even by name. in closing, Defendant would like to restate her her sincere request that Xiaotu Zhang, homeowner of 1461 A 70th Street, Brooklyn, NY 11228, along with homeowners Mei Xia Luo Wong, Amy Wong, and Guo Huan Luo, be expunged from this court record as they feel they are wrongly identified as the defendants in this case. Document filed by Xiao Tu Zhang.(js) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeffrey Charles Neiman for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint,, to: caseopenings@nysd.uscourts.gov. (rdz) |
| Filing 1 COMPLAINT against ABC Corporation, East Village Grand Sichuan Inc., Grand Sichuan 46 Inc., Grand Sichuan 7 Ave. Inc., Grand Sichuan 74 St. Inc., Grand Sichuan Eastern (NY) Inc., Grand Sichuan Group Inc., Grand Sichuan House, Inc., Grand Sichuan International 24 Inc., Grand Sichuan NY, Inc., Grand Sichuan West Village Inc., Grand Sichuan on 1st Ave. Inc., Jane Doe, John Doe, Guo Huan Luo, Mei Xia Luo Wong, Xiao Tu Zhang, Yuan Wei Cao, Amy Wong, Yun Xia Xu. (Filing Fee $ 350.00, Receipt Number 465401027791)Document filed by De Sheng Zong.(rdz) (ama). |
| SUMMONS ISSUED as to All Defendants. (rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (rdz) |
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