Lee v. Kylin Management Firm LLC

Lee v. Kylin Management Firm LLC

Plaintiff:	James Lee
Defendant:	Kylin Management Firm LLC
Case Number:	1:2017cv07249
Filed:	September 22, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Jesse M. Furman
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
July 31, 2019	Filing 116 OPINION AND ORDER re: 108 MOTION for Summary Judgment and dismissing the action in its entirety with prejudice filed by Kylin Management LLC, Ted Kyung-Ho Kang, 98 CROSS MOTION for Summary Judgment Notice of Motion filed by James Lee. For the foregoing reasons, Lee's motion for summary judgment is DENIED, while Defendants' motion for summary judgment is GRANTED in part and DENIED in part. In particular, Defendants' motion is granted as to Counts III, IV, and V of the Second Amended Complaint, all of which are dismissed. Unless and until the Court orders otherwise, the parties shall submit their joint pretrial order and associated materials in accordance with Paragraph 5 of the Court's Indivi dual Rules and Practices in Civil Cases within thirty days of the date of this Opinion and Order. They should be prepared to begin trial as early as two weeks thereafter. That said, the Court is firmly of the view that the parties can and should put aside any ill will and settle this matter. The Court therefore directs the parties to confer once more about the prospect of settlement, mindful of the long and expensive process they have inflicted on themselves, each other, and the Court just to get this far. The Court notes that it will not send the parties back to the assigned Magistrate Judge, who has already expended enough effort trying to resolve this case, and thus urges the parties to consider the possibility of private mediation. Should the parties elect to participate in mediation, the Court would consider extending the deadline to submit the joint pretrial order and related materials. The parties shall therefore confer and, within two weeks of the date of this Opinion an d Order, file a joint letter informing the Court whether they wish to attempt a mediated resolution and proposing next steps along those lines, including a reasonable extension of the deadline to submit a joint pretrial order. The Clerk of Court is directed to terminate ECF Nos. 98 and 108. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/31/2019) (ne)
February 25, 2019	Filing 76 MEMORANDUM OPINION AND ORDER re: 68 MOTION to Amend/Correct 8 Amended Complaint filed by James Lee. Lee's motion for leave to file the proposed Second Amended Complaint is GRANTED. Lee is directed to file the Second Amended Complaint within three business days of the date of this Memorandum Opinion and Order. The Clerk of Court is directed to terminate Docket No. 68 and, in light of the parties' agreement that Kylin's correct name is "Kylin Management LLC," see Kylin Mem. 6, to change "Kylin Management Firm LLC" to "Kylin Management LLC" on the docket and in the case caption (as set forth above). SO ORDERED. (Signed by Judge Jesse M. Furman on 2/25/2019) (ne)

Date Filed

Document Text

July 31, 2019

Filing 116 OPINION AND ORDER re: 108 MOTION for Summary Judgment and dismissing the action in its entirety with prejudice filed by Kylin Management LLC, Ted Kyung-Ho Kang, 98 CROSS MOTION for Summary Judgment Notice of Motion filed by James Lee. For the foregoing reasons, Lee's motion for summary judgment is DENIED, while Defendants' motion for summary judgment is GRANTED in part and DENIED in part. In particular, Defendants' motion is granted as to Counts III, IV, and V of the Second Amended Complaint, all of which are dismissed. Unless and until the Court orders otherwise, the parties shall submit their joint pretrial order and associated materials in accordance with Paragraph 5 of the Court's Indivi dual Rules and Practices in Civil Cases within thirty days of the date of this Opinion and Order. They should be prepared to begin trial as early as two weeks thereafter. That said, the Court is firmly of the view that the parties can and should put aside any ill will and settle this matter. The Court therefore directs the parties to confer once more about the prospect of settlement, mindful of the long and expensive process they have inflicted on themselves, each other, and the Court just to get this far. The Court notes that it will not send the parties back to the assigned Magistrate Judge, who has already expended enough effort trying to resolve this case, and thus urges the parties to consider the possibility of private mediation. Should the parties elect to participate in mediation, the Court would consider extending the deadline to submit the joint pretrial order and related materials. The parties shall therefore confer and, within two weeks of the date of this Opinion an d Order, file a joint letter informing the Court whether they wish to attempt a mediated resolution and proposing next steps along those lines, including a reasonable extension of the deadline to submit a joint pretrial order. The Clerk of Court is directed to terminate ECF Nos. 98 and 108. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/31/2019) (ne)

February 25, 2019

Filing 76 MEMORANDUM OPINION AND ORDER re: 68 MOTION to Amend/Correct 8 Amended Complaint filed by James Lee. Lee's motion for leave to file the proposed Second Amended Complaint is GRANTED. Lee is directed to file the Second Amended Complaint within three business days of the date of this Memorandum Opinion and Order. The Clerk of Court is directed to terminate Docket No. 68 and, in light of the parties' agreement that Kylin's correct name is "Kylin Management LLC," see Kylin Mem. 6, to change "Kylin Management Firm LLC" to "Kylin Management LLC" on the docket and in the case caption (as set forth above). SO ORDERED. (Signed by Judge Jesse M. Furman on 2/25/2019) (ne)

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Defendant: Kylin Management Firm LLC
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Plaintiff: James Lee
Represented By:	Barry Richard Lax
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