Zhang et al v. Zhang et al
| Meide Zhang and Zhongliang Qiu |
| Liang Zhang, Ru Qiu Li and Sunshine USA Inc. |
| 1:2016cv04013 |
| May 28, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Lorna G. Schofield |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
380
ORDER: ORDERED that the stay at Dkt. No. 377 is LIFTED, except as it pertains to any proceedings or other efforts to satisfy the sanctions judgment by levying or seizing the assets of Mr. Yan's law offices. The Court takes no position at this ti me on the merits of Mr. Yan's argument that such assets are not subject to the execution on the judgment. Defendants are not to take any actions to change the status quo with respect to those assets pending further Order of the Court. A separate order will issue referring to Magistrate Judge Sarah L. Cave the parties' disputes over enforcement of orders and judgments, including the anticipated motions discussed in the parties' pre-motion letters at Dkt. Nos. 361, 362, 366, 373 and 375. (Signed by Judge Lorna G. Schofield on 6/09/2022) (ama)
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Filing
377
ORDER: It is hereby ORDERED that, for the reasons stated at the hearing, enforcement of the Corrected Judgment entered on May 10, 2021, at Dkt. No. 345, is STAYED until further order of the Court. It is further ORDERED that, the parties shall advise the Court within one business day of a decision by the United States Court of Appeals for the Second Circuit on Plaintiffs' and Mr. Yan's pending appeal of the sanctions order and Corrected Judgment. It is further ORDERED that Plaintiffs' and Mr. Yan's motion for emergency injunctive relief is DENIED as moot. (Signed by Judge Lorna G. Schofield on 4/29/2022) (mml)
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Filing
372
ORDER: It is hereby ORDERED that a hearing will be held on Plaintiffs and Mr. Yan's application for a temporary restraining order on April 29, 2022, at 2:15 P.M., by telephone. The parties shall dial the conference line at 888-363-4749 and use passcode 558-3333. No action should be taken to change the status quo before the hearing. ( Telephone Conference set for 4/29/2022 at 2:15 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/28/2022) (vfr)
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Filing
345
CORRECTED JUDGMENT amending 333 Judgment. it is hereby ORDERED, ADJUDGED AND DECREED: that for the reasons set forth in the OPINION & ORDER, entered on April 17, 2018, and the OPINION & ORDER, entered on March 26, 2021, a judgment is entered against DavidYan, Esq. in favor of the Defendant Liang Zhang, in the amount of $67,802.94. (Signed by Judge Lorna G. Schofield on 5/10/2021) (cf)
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Filing
341
ORDER denying 334 Letter Motion for Extension of Time to File. ORDERED that Plaintiffs' motion for an extension of time to file a notice of appeal is denied. The Clerk of Court is respectfully directed to close Docket No. 334. (Signed by Judge Lorna G. Schofield on 5/6/2021) (vfr)
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Filing
333
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: that for the reasons set forth in the OPINON & ORDER, entered on April 17, 2018 (attached herewith), and the OPINION & ORDER, entered on March 26, 2021 (attached herewith), a judgment is entered against David Yan, Esq., and the Law Offices of David Yan, in favor of the Defendant Liang Zhang, in the amount of $67,802.94. (Signed by Judge Lorna G. Schofield on 5/03/2021) (ama)
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Filing
331
OPINION & ORDER for 303 Motion to Reopen, filed by Liang Zhang, Ru Qiu Li, Sunshine USA Inc., 325 Motion to Set Aside filed by Meide Zhang, Zhongliang Qiu, 304 Motion for Attorney Fees filed by Meide Zhang, Zhongliang Qiu, 323 R eport and Recommendations. The Court has considered all of the parties objections and, to the extent not addressed above, have found them to be without merit. As to the remainder of the Report to which neither Plaintiff nor Defendant objected, the Court finds no clear error on the face of the record. 28 U.S.C. § 636(b)(1) (In reviewing a magistrate judge's recommendations, a District Judge "may accept, reject, or modify, in whole or in part, the findings or recommendations m ade by the magistrate judge."); Fed. R. Civ. P. 72(b), Advisory Committee Notes ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recomme ndation."); accord Niles v. O'Donnell, No. 17 Civ. 1437, 2019 WL 1409443, at *1 (S.D.N.Y. Mar. 28, 2019). For the reasons above, the parties' objections are overruled in part and the Report is adopted as modified. Plaintiffs are awa rded attorneys' fees in the amount of $89,050.00 and costs in the amount of $11,153.64. Defendants are awarded attorneys' fees in the amount of $66,987.50 and costs in the amount of $815.44. The Clerk of Court is respectfully directed to close Dkt. Nos. 303, 304 and 325. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/26/2021) (cf)
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Filing
321
AMENDED JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Orders dated March 30, 2018 (Dkt. 140) and September 13, 2018 (Dkt. 238), a judgment is entered against Defendant SUNSHINE USA INC. D/B/ A WU LIANG YE in favor of Plaintiff Meide Zhang in the amount of $151,266.52 and Plaintiff Zhongliang Qiu in the amount of $120,044.53. It is hereby further ORDERED, ADJUDGED AND DECREED: That post-judgment interest accrued from August 2 0, 2018 to August 20, 2020 shall be awarded to Plaintiffs against defendant Sunshine USA Inc. based on the 28 U.S.C. § 1961 rate. See 28 U.S.C. § 1961 (Section 1961 applies to "any money judgment in a civil case recovered in a dist rict court." (emphasis added)). See also Cappiello v. ICD Publications, Inc., 720 F.3d 109, 113 (2d Cir. 2013) (holding that the federal statutory rate governs in the analogous diversity jurisdiction context). (Signed by Judge Lorna G. Schofield on 8/20/2020) (rro)
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Filing
307
ORDER: It is herebyORDERED that, for the purpose of bringing this case to a close, the order granting sanctions is reinstated, and the parties' motions at Dkt. Nos. 303 and 304 are referred to Judge Cave. A Fourth Amended Order of Reference will issue separately. (Signed by Judge Lorna G. Schofield on 6/19/2020) (ks)
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Filing
302
ORDER: WHEREAS, by Order dated March 23, 2020, the motions for attorneys' fees at Dkt. Nos. 226, 239 and 252 were denied without prejudice to renewal, after resolution of the Second Circuit appeal. The Court of Appeals' mandate issued on June 3, 2020. It is hereby ORDERED that the parties shall file any renewed motions for attorneys' fees by June 17, 2020. (Motions due by 6/17/2020.) (Signed by Judge Lorna G. Schofield on 6/5/2020) (jwh)
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Filing
300
ORDER denying without prejudice to renewal 226 Motion for Attorney Fees; denying without prejudice to renewal 239 Motion for Attorney Fees; denying without prejudice to renewal 252 Motion for Attorney Fees. WHEREAS, the partie s filed motions for attorneys' fees at Dkt. Nos. 226, 239, 252; WHEREAS, per the Amended Order of Referral at Dkt. No. 285 ("Order of Referral"), the attorneys' fees motions were referred to Judge Pitman on April 24, 2019. O n August 2, 2019, the Clerk of Court issued a "Notice of Motion Assignment to Magistrate Judge," indicating once more that the attorneys' fees motions had been referred to Judge Pitman. On October 2, 2019, Judge Cave was reassig ned to this case, in lieu of Judge Pitman; WHEREAS, Plaintiffs filed an appeal of the judgment and various pre-trial motions to the U.S. Court of Appeals for the Second Circuit on March 20, 2019. The parties argued the appeal on March 11, 2020. That appeal is still pending. It is hereby ORDERED that the motions for attorneys' fees are DENIED, without prejudice to renewal, after resolution of the Second Circuit appeal. The Clerk of Court is respectfully directed to close Dkt. Nos. 226, 239, 252. (Signed by Judge Lorna G. Schofield on 3/23/2020) (mro)
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Filing
273
OPINION AND ORDER. For the foregoing reasons, Plaintiffs' motion for judgment as a matter of law, or for a new trial is DENIED. The Clerk of Court is respectfully directed to close the motions at Docket Numbers 246 and 262. re: 246 MOTION to Set Aside Verdict of July 26, 2018 jury verdict. MOTION for New Trial as to Defendant Liang Zhang's employer status filed by Meide Zhang, Zhongliang Qiu, 262 MOTION for Judgment as a Matter of Law under Fed. R. Civ. P. 50(b) or Fed. R. Civ. P. 59(a)(1)(A) filed by Liang Zhang. (Signed by Judge Lorna G. Schofield on 2/14/2019) (rjm)
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Filing
150
OPINION AND ORDER re: 132 FIRST MOTION to Set Aside Verdict .FIRST MOTION for Sanctions . filed by Liang Zhang, Ru Qiu Li, Sunshine USA Inc., 123 LETTER MOTION for Extension of Time to File Response/Reply to show cause due 2/9/2018 for 2 days extension to 2/11/2018 addressed to Judge Lorna G. Schofield from David Yan dated 2/9/2018. filed by Meide Zhang, Zhongliang Qiu. Defendants' motion for a new trial is GRANTED in part, and their motio n for sanctions against Mr. Yan is GRANTED. Mr. Yan shall pay Defendants' reasonable attorneys' fees and costs incurred in connection with these motions and a new trial. The Clerk of Court is directed to close the motions at Docket Nos. 123 and 132. (Signed by Judge Lorna G. Schofield on 4/17/2018) (kgo)
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