Cheng et al v. Zhang Medical P.C. et al
| Juan Cheng and Guo Qiang Chen |
| Zhang Medical P.C. a New York Professional Service Corporation doing business as New Hope Fertility Center, NHFC, Inc., John J. Zhang, Zitao Liu, The Catherine Foundation for Reproductive Medicine, Ltd., PacGenomics, Does 1 through 10 inclusive, Malgorzata Jaremko and Phosphorus, Inc. |
| 1:2021cv06682 |
| August 8, 2021 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 mm Diversity-Medical Malpractice |
| Both |
Docket Report
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This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 RESPONSE to Discovery Request from New Hope Fertility Center.Document filed by NHFC, Inc.. (Attachments: #1 Affidavit Affidavit of Service).(Daniel, Christopher) |
Filing 49
THIRD STIPULATION EXTENDING THE TIME FOR DEFENDANT PACGENOMICS, A CALIFORNIA CORPORATION, TO ANSWER OR OTHERWISE RESPOND TO THE FIRST AMENDED COMPLAINT: NOW THEREFORE, the Parties stipulate and agree as follows: 1. Defendant accepted service of the First Amended Complaint as of November 10, 2021. 2. The Parties agreed to previous extensions of time that were so ordered by this Court. 3. Plaintiffs agree that Defendant may have an additional extension up to and including March 4, 2022 to answer or otherwise respond to the First Amended Complaint. 4. This stipulation may be executed in counterparts, and facsimile signatures shall be considered original signatures for all purposes. 5. The law of the state of New York shall govern the interpretation and enforcement of this stipulation. SO ORDERED. PacGenomics answer due 3/4/2022., Motions terminated: #48 THIRD MOTION for Extension of Time to File Answer for Defendant PacGenomics filed by PacGenomics. (Signed by Judge John G. Koeltl on 1/27/2022) (vfr)
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| Filing 48 THIRD MOTION for Extension of Time to File Answer for Defendant PacGenomics. Document filed by PacGenomics..(Brennan, Kerry) |
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Filing 47
STIPULATION EXTENDING THE TIME FOR DEFENDANT PACGENOMICS, A CALIFORNIA CORPORATION TO ANSWER OR OTHERWISE RESPOND TO THE FIRST AMENDED COMPLAINT: NOW THEREFORE, the Parties stipulate and agree as follows: 1. Defendant accepted service of the First Amended Complaint as of November 10, 2021. 2. Plaintiffs agree that Defendant may have an additional extension up to and including January 31, 2022 to answer or otherwise respond to the First Amended Complaint. 4. This stipulation may be executed in counterparts, and facsimile signatures shall be considered original signatures for all purposes. 5. The law of the state of New York shall govern the interpretation and enforcement of this stipulation. APPLICATION GRANTED. SO ORDERED. Motions terminated: #46 SECOND MOTION for Extension of Time to Answer or Respond to First Amended Complaint filed by PacGenomics., PacGenomics answer due 1/31/2022. (Signed by Judge John G. Koeltl on 1/12/2022) (vfr)
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| Filing 46 SECOND MOTION for Extension of Time to Answer or Respond to First Amended Complaint. Document filed by PacGenomics. Return Date set for 1/31/2022 at 05:30 PM..(Brennan, Kerry) |
| Filing 45 NOTICE OF APPEARANCE by Kerry Ann Brennan on behalf of PacGenomics..(Brennan, Kerry) |
| Filing 44 ANSWER to #9 Amended Complaint, with JURY DEMAND. Document filed by Phosphorus, Inc...(Gil, Alejandra) |
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Filing 43
STIPULATION SETTING ASIDE THE DEFAULT OF PHOSPHORUS, INC., A DELEWARE CORPERATION AND EXTENDING ITS TIME TO ANSWER OR OTHERWISE RESPOND TO THE FIRST AMENDED COMPLAINT: STIPULATION AND ORDER: NOW THEREFORE, the Parties stipulate and agree as follows: 1. Defendant accepts service of the First Amended Complaint as of December 13, 2021. 2. The Parties agree that Defendant may have up to and including January 7, 2022 to answer or otherwise respond to the First Amended Complaint. 3. Defendant consents to the terms of the Case Management Plan (Docket No. 37). 4. The person signing on behalf of Defendant represents that he has authority to enter into this stipulation on behalf of Defendant. 5. This stipulation may be executed in counterparts, and facsimile signatures shall be considered original signatures for all purposes. 6. The law of the state of New York shall govern the interpretation and enforcement of this stipulation. (Signed by Judge John G. Koeltl on 12/24/2021) Phosphorus, Inc. answer due 1/7/2022. (ks)
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| Filing 42 NOTICE of Mutually agreed Stipulation Extending Time for Defendant to Answer. Document filed by Phosphorus, Inc...(Gallo, Vincent) |
| Filing 41 NOTICE OF APPEARANCE by Vincent Leonard Gallo, Jr on behalf of Phosphorus, Inc...(Gallo, Vincent) |
| Filing 40 NOTICE OF APPEARANCE by Alejandra Rosa Gil on behalf of Phosphorus, Inc...(Gil, Alejandra) |
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Filing 39
STIPULATION EXTENDING THE TIME FOR DEFENDANT PACGENOMICS, A CALIFORNIA CORPORATION, TO ANSWER OR OTHERWISE RESPOND TO THE FIRST AMENDED COMPLAINT: NOW THEREFORE, the Parties stipulate and agree as follows: Defendant accepts service of the First Amended Complaint as of November 10, 2021. Plaintiffs agree that Defendant may have up to and including January 13, 2022 to answer or otherwise respond to the First Amended Complaint. The person signing on behalf of Defendant represents that he has authority to enter into this stipulation on behalf of Defendant. This stipulation may be executed in counterparts, and facsimile signatures shall be considered original signatures for all purposes. The law of the state of New York shall govern the interpretation and enforcement of this stipulation. The Court notes that Pac Genomics, a corporation, will need to be registered by counsel to respond to the complaint. SO ORDERED., PacGenomics answer due 1/13/2022., Motions terminated: #38 MOTION for Extension of Time to File Answer re: #9 Amended Complaint, (Acknowledgement of Service and Stipulation Extending Time for PacGenomics To Answer or Otherwise Respond to the First Amended Complaint). filed by Juan Cheng, Guo Qiang Chen. (Signed by Judge John G. Koeltl on 12/14/2021) (ama)
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| Filing 38 MOTION for Extension of Time to File Answer re: #9 Amended Complaint, (Acknowledgement of Service and Stipulation Extending Time for PacGenomics To Answer or Otherwise Respond to the First Amended Complaint). Document filed by Guo Qiang Chen, Juan Cheng..(Shields, Carolyn) |
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Filing 37
REPORT OF RULE 26(f) MEETING AND CASE MANAGEMENT PLAN: The parties anticipate that the trial of this case will require 8 days. Amended Pleadings due by 3/25/2022. Motions due by 12/16/2022. Deposition due by 5/5/2022. Fact Discovery due by 9/30/2022. Expert Discovery due by 11/15/2022. Pretrial Order due by 1/13/2023. Ready for Trial by 1/9/2023. The parties anticipate that this case will be ready for trial by 1/9/2023. The parties should submit any dispositive motion by 12/16/22. The parties should submit the Joint Pre-Trial order by 1/13/23, or 21 days after decision of any dispositive motion. The parties should be ready for Trial on 48 hours notice 14 days after submission of the Joint Pre-Trial Order. SO ORDERED. (Signed by Judge John G. Koeltl on 11/12/2021) (ks)
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| Filing 36 PROPOSED CASE MANAGEMENT PLAN. Document filed by Guo Qiang Chen, Juan Cheng..(Shields, Carolyn) |
| Filing 35 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Malgorzata Jaremko served on 11/4/2021, answer due 11/26/2021. Service was accepted by Christine Wechsberg, person of suitable age and discretion in charge of Phosphorus Diagnostics LLC. Document filed by Guo Qiang Chen; Juan Cheng..(Shields, Carolyn) |
| Filing 34 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was accepted by Nancy Dougherty, NY Secretary of State (correcting Doc. #23). Document filed by Guo Qiang Chen, Juan Cheng..(Shields, Carolyn) |
| Filing 33 CLERK'S CERTIFICATE OF DEFAULT as to Phosphorous, Inc., a Delaware Corporation.(km) |
| Filing 32 DECLARATION of Carolyn Shields re: #31 Proposed Clerk's Certificate of Default Against Defendant Phosphorus, Inc.. Document filed by Guo Qiang Chen, Juan Cheng..(Shields, Carolyn) |
| Filing 31 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Guo Qiang Chen, Juan Cheng..(Shields, Carolyn) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/5/2021 (km). |
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Filing 30
ORDER: The parties are directed to submit a Rule 26(f) report by November 12, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 11/01/2021) (ama)
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Filing 29
STIPULATION: PLEASE TAKE NOTICE THAT IT IS HEREBY STIPULATED, CONSENTED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above entitled action, that the time for defendants, ZHANG MEDICAL P.C., A NEW YORK PROFESSIONAL SERVICE CORPORATION D/B/A NEW HOPE FERTILITY CENTER; NHFC, INC., A FLORIDA PROFIT CORPORATION; JOHN J. ZHANG, AN INDIVIDUAL; ZITAO LIU, AN INDIVIDUAL; THE CATHERINE FOUNDATION FOR REPRODUCTIVE MEDICINE, LTD.; and MALGORZATA JAREMKO, AN INDIVIDUAL, to appear, and answer is hereby extended to October 29, 2021. IT IS FURTHER STIPULATED AND AGREED that this stipulation may be filed without further notice with the Clerk of the Court and that facsimiles shall be treated as originals. SO ORDERED. Motions terminated: #27 MOTION for Extension of Time to File Answer re: #9 Amended Complaint, Stipulation. filed by Juan Cheng, Guo Qiang Chen. (Signed by Judge John G. Koeltl on 11/1/2021) Malgorzata Jaremko answer due 10/29/2021; Zitao Liu answer due 10/29/2021; NHFC, Inc. answer due 10/29/2021; The Catherine Foundation for Reproductive Medicine, Ltd. answer due 10/29/2021; John J. Zhang answer due 10/29/2021; Zhang Medical P.C. answer due 10/29/2021. (ks)
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| Filing 28 NOTICE OF APPEARANCE by Christopher A. Terzian on behalf of Malgorzata Jaremko, Zitao Liu, NHFC, Inc., The Catherine Foundation for Reproductive Medicine, Ltd., John J. Zhang, Zhang Medical P.C...(Terzian, Christopher) |
| Filing 27 MOTION for Extension of Time to File Answer re: #9 Amended Complaint, Stipulation. Document filed by Guo Qiang Chen, Juan Cheng..(Shields, Carolyn) |
| Filing 26 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. NHFC, Inc. served on 8/24/2021, answer due 9/14/2021. Service was accepted by Iris Cortez, LegalInc Corporate Services, Inc., Registered Agent. Document filed by Guo Qiang Chen; Juan Cheng..(Shields, Carolyn) |
| Filing 25 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Phosphorus, Inc. served on 8/19/2021, answer due 9/9/2021. Service was accepted by Nancy Dougherty, NY Secretary of State. Document filed by Guo Qiang Chen; Juan Cheng..(Shields, Carolyn) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. The Catherine Foundation for Reproductive Medicine, Ltd. served on 8/19/2021, answer due 9/9/2021. Service was accepted by Nancy Dougherty, NY Secretary of State. Document filed by Guo Qiang Chen; Juan Cheng..(Shields, Carolyn) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Zhang Medical P.C. served on 8/19/2021, answer due 9/9/2021. Service was accepted by Nancy Dougherty, NY Secretary of State. Document filed by Guo Qiang Chen; Juan Cheng..(Shields, Carolyn) |
| Set/Reset Deadlines: Service due by 12/3/2021. (ks) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Zitao Liu served on 8/27/2021, answer due 9/17/2021. Service was accepted by Yamalath "Doe", person of suitable age and discretion at actual place of business, FRCP 4(e)(1), CPLR 308(2). Document filed by Guo Qiang Chen; Juan Cheng..(Shields, Carolyn) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was accepted by Iris Cortez, LegalInc Corporate Services, Inc., Registered Agent. Document filed by Guo Qiang Chen, Juan Cheng..(Shields, Carolyn) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. John J. Zhang served on 8/27/2021, answer due 9/17/2021. Service was accepted by Yamalath "Doe", person of suitable age and discretion at actual place of business, FRCP 4(e)(1), CPLR 308(2). Document filed by Guo Qiang Chen; Juan Cheng..(Shields, Carolyn) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #26) AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. NHFC, Inc. served on 8/18/2021, answer due 9/8/2021. Service was accepted by Yamalath "Doe", person of suitable age and discretion at actual place of business, FRCP 4(e)(1), CPLR 308(2). Document filed by Guo Qiang Chen; Juan Cheng..(Shields, Carolyn) Modified on 11/9/2021 (lb). |
| Filing 18 ANSWER to #9 Amended Complaint, with JURY DEMAND. Document filed by Malgorzata Jaremko..(Hughes, Casey) |
| Filing 17 ANSWER to #9 Amended Complaint, with JURY DEMAND. Document filed by The Catherine Foundation for Reproductive Medicine, Ltd...(Hughes, Casey) |
| Filing 16 ANSWER to #9 Amended Complaint, with JURY DEMAND. Document filed by Zitao Liu..(Hughes, Casey) |
| Filing 15 ANSWER to #9 Amended Complaint, with JURY DEMAND. Document filed by John J. Zhang..(Hughes, Casey) |
| Filing 14 ANSWER to #9 Amended Complaint, with JURY DEMAND. Document filed by NHFC, Inc...(Hughes, Casey) |
| Filing 13 ANSWER to #9 Amended Complaint, with JURY DEMAND. Document filed by Zhang Medical P.C...(Hughes, Casey) |
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Filing 12
ORDER: The conference scheduled for November 1, 2021 at 11:00 a.m. is canceled. The time to serve the summons and complaint is extended to December 3, 2021. If the plaintiffs fail to serve the summons and complaint by that date, the case may be dismissed for failure to prosecute. See Fed. R. Civ. P. 4(m). SO ORDERED. (Signed by Judge John G. Koeltl on 10/28/2021) (ks)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 11/1/2021 at 11:00 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Malgorzata Jaremko, Zitao Liu, NHFC, Inc., PacGenomics, Phosphorus, Inc., The Catherine Foundation for Reproductive Medicine, Ltd., John J. Zhang, Zhang Medical P.C...(gp) |
| Filing 10 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Zhang Medical P.C.; NHFC, Inc.; John J. Zhang; Zitao Liu; The Catherine Foundation for Reproductive Medicine, Ltd.; PacGenomics; Malgorzata Jaremko; Phosphorus, Inc., re: #9 Amended Complaint,. Document filed by Guo Qiang Chen, Juan Cheng..(Shields, Carolyn) |
| Filing 9 FIRST AMENDED COMPLAINT amending #4 Complaint against Does 1 through 10 inclusive, Zitao Liu, NHFC, Inc., PacGenomics, The Catherine Foundation for Reproductive Medicine, Ltd., John J. Zhang, Zhang Medical P.C., Malgorzata Jaremko, Phosphorus, Inc. with JURY DEMAND.Document filed by Juan Cheng, Guo Qiang Chen. Related document: #4 Complaint..(Shields, Carolyn) |
| Filing 8 NOTICE OF APPEARANCE by Ying Liu on behalf of Guo Qiang Chen, Juan Cheng..(Liu, Ying) |
| Filing 7 CIVIL COVER SHEET filed..(Shields, Carolyn) |
| Filing 6 CIVIL COVER SHEET filed..(Shields, Carolyn) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Zitao Liu, NHFC, Inc., PacGenomics, The Catherine Foundation for Reproductive Medicine, Ltd., John J. Zhang, Zhang Medical P.C...(pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Carolyn J. Shields. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,500,000,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Carolyn J. Shields. The party information for the following party/parties has been modified: Juan Cheng, Guo Qiang Chen, Does 1 through 10 inclusive, Zitao Liu, NHFC, Inc., PacGenomics, The Catherine Foundation for Reproductive Medicine, Ltd., John Zhang, Zhang Medical P.C.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Carolyn J. Shields to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the plaintiff and defendant were selected. Choose one. (pc) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Filing 4 COMPLAINT against Does 1 through 10 inclusive, Zitao Liu, NHFC, Inc., PacGenomics, The Catherine Foundation for Reproductive Medicine, Ltd., John Zhang, Zhang Medical P.C.. Document filed by Juan Cheng, Guo Qiang Chen..(Shields, Carolyn) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Zhang Medical P.C., a New York Professional Service Corporation; NHFC, Inc., a New York corporation; John J. Zhang, an Individual; Zitao Liu, an Individual; The Catherine Foundation for Reproductive Medicine, Ltd., a New York Not-for-Profit Corporation; PacGenomics, a California corporation, re: #1 Complaint. Document filed by Guo Qiang Chen, Juan Cheng..(Shields, Carolyn) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Shields, Carolyn) Modified on 8/9/2021 (pc). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Juan Cheng, Guo Qiang Chen. (Filing Fee $ 402.00, Receipt Number ANYSDC-24902274)Document filed by Juan Cheng, Guo Qiang Chen..(Shields, Carolyn) Modified on 8/9/2021 (jgo). |
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