Lim v. K & Y Peace Corp. et al
| Lim and Sang-Deg Lim doing business as Twin Produce |
| K & Y Peace Corp, K & Y Peace Corp. and Sun Mi Chi |
| Sang-Deg Lim |
| 1:2016cv02624 |
| April 7, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Albany |
| Edgardo Ramos |
| Agriculture Acts |
| 07 U.S.C. § 499 |
| Defendant |
Docket Report
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This docket was last retrieved on September 9, 2019. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: Plaintiff Sang-Deg Lim commenced this action on April 8, 2016 by filing a complaint. Doc. 4. Defendants K & Y Peace Corp. and Sun Mi Chi were served on May 6, 2016. Doc. 11, 12. Defendants filed an aswer and a counterclaim against Plaintiff on June 27, 2016. Doc. 15. Plaintiff filed his answer to Defendants' counterclaim on July 5, 2016. Doc. 18. On March 7, 2017, the Court ordered the parties to participate in a settlement conference before Magistrate Judge Sarah Netburn. Doc. 23. No settlement conference was ever held, as Defendants stopped communicating with their counsel and the Court. Doc. 27. Plaintiff has not updated the Court with any indication of progress in the case since October 25, 2017. Doc. 28. Accordingly, on November 2, 2018, this Court issued an Order to Show Cause for Dismissal, directing Plaintiff to show cause why this action should not be dismissed without prejudice for want of prosecution by December 1, 2018. To date, Plaintiff has failed to show cause in writing why this case should not be dismissed for want of prosecution, nor has he made any communication whatsoever with this Court since October 5, 2017. Accordingly, it is hereby ORDERED that the above-captioned action is dismissed without prejudice. (Signed by Judge Edgardo Ramos on 9/9/2019) (mro)
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Filing 31
ORDER TO SHOW CAUSE: Accordingly, it is ORDERED that Plaintiff show cause why this action should not be dismissed without prejudice for want of prosecution by December 1, 2018. (Signed by Judge Edgardo Ramos on 11/2/2018) (jwh)
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| Filing 30 LETTER addressed to Magistrate Judge Sarah Netburn from Sukjin Henry Cho dated 02/02/2018 re: Kwan Chi Deposition. Document filed by Sang-Deg Lim.(Cho, Sukjin) |
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Filing 29
ORDER. On January 18, 2018, limited appearance pro bono counsel appeared to represent defendant Kwan Chi for the purpose of defending his deposition and to take the depositions on his behalf in Mendez, et al. v. K & Y Peace Corp., et al., 16-cv-5562. ECF Nos. 109, 110. Chi is also a defendant in Lim v. K & Y Peace Corp., et al., 16-cv-2624. Because Chi is likely to be deposed in this second action as well, limited appearance pro bono counsel and plaintiffs' counsel in both cases are ORDERED to coordinate to schedule Chi's deposition for a time convenient for all three parties. The Court further suggests that limited appearance pro bono counsel consider representing Chi in Lim as well, on the same limited basis. The parties in both actions are further directed to file a status letter with the Court by February 2, 2018, setting forth the current discovery deadlines, all confirmed depositions dates and whether there is any other outstanding discovery. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 1/22/2018) Copies Sent By Chambers. (rjm)
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| Filing 28 SECOND LETTER addressed to Magistrate Judge Sarah Netburn from Sukjin Henry Cho dated 10/25/2017 re: Settlement Conference Scheduling. Document filed by Sang-Deg Lim.(Cho, Sukjin) |
| Filing 27 LETTER addressed to Magistrate Judge Sarah Netburn from Sukjin Henry Cho dated 10/18/2017 re: Settlement Conference Scheduling. Document filed by Sang-Deg Lim.(Cho, Sukjin) |
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Filing 26
ORDER: On Thursday, October 05, 2017, the Honorable Edgardo Ramos assigned this matter to my docket for settlement. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. As soon as practicable, the parties are directed to contact Courtroom Deputy Joseph Mendieta with both parties on the line, at (212) 805-0286, to schedule a settlement conference for a time when they believe it would be productive. (Signed by Magistrate Judge Sarah Netburn on 10/11/2017) (ap)
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Filing 25
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 Sarah Netburn. (Signed by Judge Edgardo Ramos on 10/5/2017) (mro)
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| Filing 24 MEMO ENDORSEMENT granting #22 Motion to Withdraw as Attorney. ENDORSEMENT: Defense counsel's request to withdraw as counsel is granted. The Clerk of the Court is respectfully directed to terminate this motion, Doc. 22. (Attorney Anna Teresa Chrzanowska and Giacchino James Russo terminated.) (Signed by Judge Edgardo Ramos on 10/5/2017) (jwh) Modified on 10/5/2017 (jwh). |
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Filing 23
ORDER: On April 7, 2016, Plaintiff Sang-Deg Lim, doing business as Twin Produce, brought the instant action against Defendants K & Y Peace Corp. and Sun Mi Chi. Doc. 1. On June 27, 2016, Defendants answered the complaint and filed counterclaims. Doc. 15. On July 5, 2016, Plaintiff answered the counterclaims. Doc. 18. The last court conference in this case was held on March 7, 2017, during which the Court ordered the parties to participate in a settlement conference before Magistrate Judge Sarah Netburn. However, since that conference, no settlement conference was held and the parties have had no communication with the Court. On August 23, 2017, the Court learned of the lack of progress on this case when Defendants' counsel submitted an application to be relieved pursuant to Southern District of New York Local Civil Rule 1.4 because his clients had stopped responding to his attempts to communicate with them. Plaintiff's counsel is directed to report to the Court by October 6, 2017 via letter why this matter should not be dismissed for failure to prosecute. Defense counsel's application will be held in abeyance until then. (Signed by Judge Edgardo Ramos on 9/26/2017) (mro)
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| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Giacchino J. Russo to Withdraw as Attorney for K & Y Peace Corp and Sun Mi Chi. Document filed by Sun Mi Chi, K & Y Peace Corp..(Russo, Giacchino) Modified on 10/30/2017 (ldi). |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Case Management Conference held on 3/7/2017. Plaintiff's counsel present. Defendant's counsel present. The Court will enter an Order of Reference to Magistrate Judge Netburn for settlement purposes. No later than three days after the conclusion of settlement discussions, the parties are directed to report to the Court the results of same. (Court Reporter Martha Martin) (jar) |
| Filing 21 RESCHEDULING NOTICE: The case management conference previously scheduled for March 2, 2017, is hereby rescheduled to March 7, 2017 at 10:00 am, in Courtroom 619 before the Hon. Edgardo Ramos, at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. (Case Management Conference set for 3/7/2017 at 10:00 AM before Judge Edgardo Ramos.) (jar) |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Initial Pretrial Conference held on 8/26/2016. Plaintiff's counsel present. Defendant's counsel present. Case management plan signed. A case management conference is scheduled for March 2, 2017, at 10:30 am. (Case Management Conference set for 3/2/2017 at 10:30 AM before Judge Edgardo Ramos.) (Court Reporter Raquel Robles) (jar) |
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Filing 20
ORDER granting #19 Letter Motion to Adjourn Conference. The initial conference is adjourned to August 26, 2016, at 11:30 am. The application is granted. Initial Conference set for 8/26/2016 at 11:30 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 7/26/2016) (kl)
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| Filing 19 LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Sukjin Henry Cho, Esq. dated July 25, 2016. Document filed by Sang-Deg Lim.(Cho, Sukjin) |
| Filing 18 ANSWER to #15 Counterclaim. Document filed by Sang-Deg Lim.(Cho, Sukjin) |
| Filing 17 NOTICE OF APPEARANCE by Giacchino James Russo on behalf of Sun Mi Chi, K & Y Peace Corp.. (Russo, Giacchino) |
| Filing 16 THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on August 4, 2016 at 10:30 am, at the United States Courthouse, 40 Centre Street, Courtroom 619, New York, New York 10007. Initial Conference set for 8/4/2016 at 10:30 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (ama) |
| Filing 15 ANSWER to #4 Complaint with JURY DEMAND., COUNTERCLAIM against Sang-Deg Lim. Document filed by Sun Mi Chi, K & Y Peace Corp..(Chrzanowska, Anna) |
| Filing 14 NOTICE of Rule 7.1 Statement. Document filed by Sun Mi Chi, K & Y Peace Corp.. (Chrzanowska, Anna) |
| Filing 13 NOTICE OF APPEARANCE by Anna Teresa Chrzanowska on behalf of Sun Mi Chi, K & Y Peace Corp.. (Chrzanowska, Anna) |
| Filing 12 AFFIDAVIT OF SERVICE. Sun Mi Chi served on 5/6/2016, answer due 5/27/2016. Service was accepted by Sun Mi Chi. Document filed by Sang-Deg Lim. (Cho, Sukjin) |
| Filing 11 AFFIDAVIT OF SERVICE. Service was accepted by Sun Mi Chi. Document filed by Sang-Deg Lim. (Cho, Sukjin) |
| Filing 10 AFFIDAVIT OF SERVICE. K & Y Peace Corp. served on 5/6/2016, answer due 5/27/2016. Service was accepted by Sun Mi Chi. Document filed by Sang-Deg Lim. (Cho, Sukjin) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Sun Mi Chi. (pc) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Sun Mi Chi, re: #4 Complaint. Document filed by Sang-Deg Lim. (Cho, Sukjin) |
| Filing 7 CIVIL COVER SHEET filed. (Cho, Sukjin) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to K & Y Peace Corp.. (pc) |
| Filing 5 NOTICE OF CHANGE OF ADDRESS by Sukjin Henry Cho on behalf of Sang-Deg Lim. New Address: Sukjin Henry Cho, Esq., 2160 North Central Road, Suite 305, Fort Lee, New Jersey, United States 07024, 2018860200. (Cho, Sukjin) |
| Filing 4 COMPLAINT against Sun Mi Chi, K & Y Peace Corp.. Document filed by Sang-Deg Lim.(Cho, Sukjin) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sukjin Henry Cho to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Sukjin Henry Cho. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sukjin Henry Cho. The following case opening statistical information was erroneously selected/entered: Cause of Action code 07:1930. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 7:0499. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah Netburn is so designated. (pc) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Sun Mi Chi, re: #1 Complaint. Document filed by Sang-Deg Lim. (Cho, Sukjin) Modified on 4/8/2016 (pc). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to K & Y Peace Corp., re: #1 Complaint. Document filed by Sang-Deg Lim. (Cho, Sukjin) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-12161838)Document filed by Sang-Deg Lim.(Cho, Sukjin) Modified on 4/8/2016 (pc). |
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