Zhang v. Lo et al
| Harry Haining Zhang |
| Kon Ki Lo, Ming Cheung, Jonathan So, Man Shing Wu, Eatware Global Corp, Eatware, Inc., Johnny Ka Siu Tang and HKCMCPA Company Limited |
| 1:2014cv06945 |
| August 26, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Colleen McMahon |
| Contract: Other |
| 28 U.S.C. ยง 1332 ac Diversity-Account Receivable |
| Plaintiff |
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Filing
50
ORDER: On April 27, 2022, a traverse hearing on the issues of service and personal jurisdiction was held. See ECF Nos. 42, 48, & 49. By May 11, 2022, Plaintiff is ordered to file either: (a) a letter stating that he is withdrawing his claims against the remaining defendants; or (b) a copy of the receipts provided by process server Xin Shi at the hearing, printouts of searches of the tracking numbers performed on the U.S. Postal Service web site showing the addresses the mailings were sent to and confirming receipt, and an affidavit containing any additional facts sufficient to establish that this Court has specific jurisdiction over Defendants HKCMCPA Company Limited and Johnny Ka Siu Tang. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/27/2022) (ama)
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Filing
49
ORDER: The hearing previously scheduled for Wednesday, April 6, 2022, is RESCHEDULED for Wednesday, April 27, 2022, at 10:00 a.m. Accordingly, Xin Shi is ORDERED to appear at the U.S. Courthouse, 40 Foley Square, New York, New York, in Courtroom 21 9 on Wednesday, April 27, 2022, at 10:00 a.m. Xin Shi shall submit to questioning by the Court and pro se plaintiff Harry Haining Zhang. To the extent Xin Shi does not speak English, plaintiff must provide a certified interpreter. In addition, plain tiff may introduce documents supporting his claim that service was properly effected under the law. Plaintiff is urged to review Judge McMahon's Order with particular focus on pages 12-20. The U.S. District Court for the Southern District of Ne w York has implemented numerous protocols to protect the health and safety of any person entering the Courthouse from the risk of COVID. Plaintiff and Xin Shi are directed to the Court's website for the most up-to-date requirements before entry and they shall confirm on Monday, April 25, 2022, that they understand the requirements and can meet them. Confirmation should be by email at Netburn_NYSDChambers@nysd.uscourts.gov. If plaintiff or Xin Shi are unavailable on the date of the he aring, plaintiff must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Status Conference set for 4/27/2022 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/5/2022) (ras)
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Filing
48
ORDER: Xin Shi is ORDERED to appear at the U.S. Courthouse, 40 Foley Square, New York, New York, in Courtroom 219 on Wednesday, April 06, 2022, at 10:00 a.m. Xin Shi shall submit to questioning by the Court and pro se plaintiff Harry Haining Zhan g. To the extent Xin Shi does not speak English, plaintiff must provide a certified interpreter. In addition, plaintiff may introduce documents supporting his claim that service was properly effected under the law. Plaintiff is urged to review Judg e McMahon's Order with particular focus on pages 12-20. Plaintiff may benefit from the assistance of counsel. Accordingly, he is encouraged to contact the NYLAG Legal Clinic by calling 212-659-6190. The U.S. District Court for the Southern Di strict of New York has implemented numerous protocols to protect the health and safety of any person entering the Courthouse from the risk of COVID. Plaintiff and Xin Shi are directed to the Court's website for the most up-to-date requirements before entry and they shall confirm on Monday, April 04, 2022, that they understand the requirements and can meet them. Confirmation should be by email at Netburn_NYSDChambers@nysd.uscourts.gov. If plaintiff or Xin Shi are unavailable on the date of the hearing, plaintiff must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Status Conference set for 4/6/2022 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 2/18/2022) (ras)
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Filing
47
ORDER: On February 3, 2022, the Hon. Colleen McMahon referred this case to my docket for a traverse hearing on the issue of service and personal jurisdiction. ECF No. 46. A call is scheduled for February 18, 2022, at 1:00 p.m. At that time the parti es should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Telephone Conference set for 2/18/2022 at 01:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 2/10/2022) (ras)
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Filing
42
ORDER DENYING MOTION FOR DEFAULT JUDGMENT AND DISMISSING CASE FOR FAILURE TO SERVE IN ACCORDANCE WITH HAGUE CONVENTION, AS PROVIDED IN THE COURT'S ORDER DATED APRIL 18, 2018 denying 41 Motion for Default Judgment. For the reasons set forth ab ove: (1) Plaintiff's motion for a default judgment is DENIED as to all defendants except HKCMCPA and Tang; (2) As to defendants HKCMCPA, the motion for a default judgment is DENIED WITHOUT PREJUDICE TO RENEWAL following a traverse hearing tha t is ordered before The Hon. Sarah Netburn on the issue of service of process and personal jurisdiction; (3) The complaint is DISMISSED WITH PREJUDICE FOR FAILURE TO PROSECUTE as to all defendants except defendants HKCMCPA and Tang. This constitutes the written decision and order of the court. The Clerk shall close the motion at Docket #41 on the court's list of open motions. (Signed by Judge Colleen McMahon on 5/5/2020) (mml)
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