Minnie Rose LLC v. Yu et al
| Minnie Rose LLC |
| Anna Yu, Elva Green Clothing Company Ltd. and John Does 1-10 |
| 1:2015cv01923 |
| March 13, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Edgardo Ramos |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
144
OPINION AND ORDER re: 127 MOTION for Sanctions . MOTION to Preclude . filed by Liza Shaller Goldberg, Minnie Rose LLC, 135 SECOND MOTION to Dismiss . filed by Elva Green Clothing (HK) Co. Limited. For the r easons stated above, Plaintiffs motion is GRANTED in part and DENIED in part, and Defendants motion is DENIED. Specifically, Plaintiffs request to preclude Defendants from now deposing Shaller Goldberg is granted, but the balance of both parties m otions (for sanctions, dismissal, and summary judgment) is denied. The parties are directed to appear for a conference on December 7, 2023 at 11 AM before the Honorable Edgardo Ramos in Courtroom 619 of the United States Courthouse, 40 Foley Square, New York, NY 10007. The Clerk of Court is respectfully directed to terminate the motions, Docs. 127 and 135. It is so ordered. (Signed by Judge Edgardo Ramos on 11/8/2023) (jca)
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Filing
126
ORDER: The Court grants the requested two-week adjournment of deadlines. Defendants Anna Yu and Elva Green Clothing (HK) Co., Ltd.'s (together, "Defendants") motion for judgment on the pleadings shall be led on or before July 14, 2 023; Plaintiffs' opposition shall be led on or before August 4, 2023; and Defendants' reply shall be led on or before August 11, 2023. The brieng schedule for Plaintiff Minnie Rose, LLC and Third-Party Defendant Lisa Shaller Golbderg 9;s (together, "Plaintiffs") motions to preclude depositions and for Rule 37 sanctions remains unchanged from that ordered at the June 14, 2023 case management conference. The Court notes, however, that Defendants' request for an exte nsion of the motion deadline-which came on day the motion was due-was improper in several respects. As the Court's Individual Practices make clear, requests for adjournment and extensions of time must be led as letter motions and include: ( i) the original deadline; (ii) the number of previous requests for adjournment or extension and the reasons therefor; (iii) whether the previous requests were granted or denied; (iv) the reason for the instant request; and (v) the whether the adver sary consents and, if not, why. The instant request satisfies only one of these requirements. First, it is led as a stipulation and proposed order rather than the required letter motion. To be clear, parties may not stipulate to noncompliance w ith or modification of a court order. Second, the ling contains none of the information the Individual Practices require except that Plaintiffs consent to the extension. The Court cautions the parties to comply with its Individual Practices in th e remainder of the litigation; otherwise, applications for relief will be denied. Moreover, the Court notes that it has now repeatedly directed the parties, including at multiple status conferences, to move the case forward expeditiously. It now r epeats those directions in writing. This case is eight years old, but-unjustifiably-discovery is not yet complete. Accordingly, no further extensions will be granted except for good cause shown. SO ORDERED. ( Motions due by 7/14/2023., Replies due by 8/11/2023., Responses due by 8/4/2023) (Signed by Judge Edgardo Ramos on 6/30/2023) (tg)
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Filing
118
OPINION & ORDER: re: 108 MOTION for Sanctions against Defendants Anna Yu and Elva Green Clothing Company Ltd. filed by Liza Shaller Goldberg, Minnie Rose LLC. For the reasons stated above, Minnie's motion is DENIED. The parties are direct ed to appear for a telephonic initial pretrial conference on April 7, 2023 at 10:30 a.m. The parties are directed to dial (877) 411-9748 and to enter access code 3029857#. The Clerk of Court is respectfully directed to terminate Doc. 108. It is SO ORDERED., (Telephonic Initial Conference set for 4/7/2023 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/07/2023) (ama)
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Filing
107
ORDER: The Court scheduled a pre-motion conference on Plaintiffs' request to file a motion for sanctions. Counsel for Defendants failed to appear. The Court will allow Plaintiffs to make the motion and it will be on the following schedule: Motions due by 4/5/2022., Responses due by 4/26/2022, Replies due by 5/3/2022. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 3/16/2022) (ama)
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Filing
94
ORDER: granting 93 Letter Motion for Extension of Time; granting 93 Letter Motion for Discovery. The Application is Granted. ( Deposition due by 4/29/2022., Motions due by 11/5/20210. (Signed by Judge Edgardo Ramos on 9/30/2021) (ama)
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Filing
82
ORDER: On March 13, 2015, Minnie Rose LLC ("Minnie Rose") brought this action against Anna Yu, Elva Green Clothing (HK) Co. Ltd., and John Does 1-10 for fraudulent misrepresentation and unjust enrichment. Doc. 1. On May 19, 2016 , Elva Green filed a third-party complaint against Lisa Shaller Goldberg and Richard Roes 1-10. Doc. 32. On August 10, 2018, the Court granted Minnie Rose and Shaller Goldberg's counsel's motion to withdraw and stayed the case for sixty days for them to retain new counsel of record. Doc. 61. On September 24, 2018, new counsel filed a notice of appearance on behalf of Minnie Rose and Shaller Goldberg. Doc. 63. On July 3, August 8, and August 22, 2019, Minnie Rose and S haller Goldberg again retained new counsel. Docs. 72, 73, 77, 78. Since then, the parties have not provided the Court with an update on the status of this case. The parties are therefore directed to submit a joint status report by November 19, 2020 and every three months thereafter. Failure to comply with the Court's order could result in sanctions, including dismissal for failure to prosecute. Fed. R. Civ. P. 41(b). (Signed by Judge Edgardo Ramos on 11/5/2020) (mro)
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Filing
81
ORDER: Upon consideration of the Motion to Withdraw by Lisa Alexis Jones, Esq., and the record herein, it is hereby ORDERED, that the Motion to Withdraw be and hereby is GRANTED. Be it further ORDERED, that the representation of plaintiff and third-party defendant by Lisa Alexis Jones is hereby terminated. Attorney Lisa Alexis Jones terminated. (Signed by Judge Edgardo Ramos on 9/21/2020) (mro)
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Filing
18
OPINION AND ORDER: For the reasons stated above, Defendants' motion to dismiss is DENIED. The parties are directed to appear for a conference on April 5, 2016, at 10:00 a.m. The Clerk of the Court is respectfully directed to terminate the motion, Doc 9. (As further set forth in this Opinion) (Status Conference set for 4/5/2016 at 10:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 3/11/2016) (kl)
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