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桑兰案将于2014年9月后进入庭审阶段

热度 1已有 21793 次阅读2014-4-14 16:26 |个人分类:法律|系统分类:法律

网友转帖的一篇报道中称:【“2014年2月,美联邦法官最终做出裁决,由于时代华纳对媒体的讲话构不成法律上合同关系,.....因此对这一事件不予处理”】大家对此,纷纷提出疑问。我查看了一下案卷,认为这种报道具有明显的片面性。桑兰案中的公司被告确实已经被终止---只能等全案结束后上诉,但是对个人被告的部分却已经进入中盘决战。


案卷上面说道:【All discovery shall be completed by August 29, 2014. 4. The pretrial order shall be submitted by September 30, 2014, unless any dispositive motion is filed by that date...Pretrial Order due by 9/30/2014.) (Signed by Magistrate Judge James C. Francis on 4/2/2014)】

简单地说,桑兰案的取证将于2014年8月29日结束,然后进入庭审准备阶段。至此为止,整个案件的前期战斗已经彻底结束,进入了实质取证阶段,之后紧接着的就是庭审。据我之前的分析,只要进入陪审团审判,陪审团将对桑兰持同情心理。

桑兰还有另外一个案子在进行,那就是针对海明律师的案子,也出现了一些看点,根据这段【ORDER denying 40 Motion to Quash.】 桑兰向美中网(SINOVISION)下了SUBPOENA(传票),调取相关网络记录,海明试图阻止,被法院严词否定---海明没有standing。这个传票的范围是什么我没有去追究,但有可能引发连锁反应。

这使我想起当年与某美国大公司的法庭战斗,有次我向一个第三方(个人)发出传票录取其口供,此人倒也老实,立刻同意并跟我约时间,结果被告公司跳出来紧急动议阻止,我也论证说被告根本没有standing来挑战我对第三方的传讯,结果法官悍然禁止我对第三方取证,完全不可理喻。目前看来,桑兰案的法官似乎还懂法。

当然了,这个案子里,海明是华人。



U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:11-cv-02870-AT-JCF


Lan v. AOL Time Warner, Inc. et al
Assigned to: Judge Analisa Torres
Referred to: Magistrate Judge James C. Francis
Demand: $9,999,000
Cause: 42:1983 Civil Rights Act

Date Filed: 04/28/2011
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Sang Lan represented byX. Bing Xu
The Bing Law Firm
5705 Hansel Ave.
Orlando, FL 32809
(407) 851-1000
Fax: (407)-851-1008
Email: bing@binglawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ming Hai
Law Office of Ming Hai
36-09 Main Street, Ste. 7B
Flushing, NY 11354
718 445 9111
Fax: 718 445 5424
Email: lawminghai@yahoo.com
TERMINATED: 10/31/2011
ATTORNEY TO BE NOTICED

V.
Movant
former attorney Ming Hai
former attorney for plaintiff
TERMINATED: 11/20/2012
represented byMing Hai
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
AOL Time Warner, Inc.
TERMINATED: 06/29/2011
Defendant
The United States Gymnastics Federation
TERMINATED: 07/13/2011
doing business as
USA Gymnastics
TERMINATED: 07/13/2011
Defendant
TIG Insurance Company
TERMINATED: 07/13/2011
Defendant
TIG Specialty Insurance Solutions
TERMINATED: 07/13/2011
Defendant
Riverstone Claims Management, LLC
TERMINATED: 07/13/2011
Defendant
Ted Turner
TERMINATED: 11/20/2012
Defendant
K.S. Liu
TERMINATED: 11/20/2012
represented byHugh Hu Mo
The Law Firm of Hugh H. Mo, P.C.
225 Broadway, Suite 2702
New York, NY 10007
(212) 385-1500
Fax: (212) 385-1870
Email: hhmo@verizon.net
ATTORNEY TO BE NOTICED
Defendant
K.S. Gina Hiu-Hung
TERMINATED: 06/17/2011
represented byHugh Hu Mo
(See above for address)
ATTORNEY TO BE NOTICED

Pedro Medina , Jr
New York State Department of Law Litigation
120 Broadway, 24th Floor
New York, NY 10271
(212) 416-8000
Fax: (212) 416-6007
Email: pemedina@verizon.net
ATTORNEY TO BE NOTICED
Defendant
Wilson Xue
TERMINATED: 06/17/2011
represented byHugh Hu Mo
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hugh Mo
TERMINATED: 11/20/2012
represented byHugh Hu Mo
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
John Does and Jane Does #1 through 15, Inclusive
TERMINATED: 11/20/2012
Defendant
Gina Liu
TERMINATED: 11/20/2012
also known as
K.S Gina Hiu-Hung
TERMINATED: 11/20/2012
represented byHugh Hu Mo
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Winston Sie
TERMINATED: 06/28/2011
represented byHugh Hu Mo
(See above for address)
Defendant
Time Warner, Inc.
TERMINATED: 02/25/2014
represented byJames Andrew Lamberth
Troutman Sanders LLP
Suite 5200, 600 Peachtree Street, N.E.
Atlanta, GA 30308
(404)-885-3362
Fax: (404)-885-3900
Email: james.lamberth@troutmansanders.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Alan William Bakowski
Troutman Sanders LLP
600 Peachtree Street N.E., Suite 5200
Atlanta, US 30308
(404)-885-3000
Fax: (404)-962-3900
Email: alan.bakowski@troutmansanders.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Defendant
Keo-Sung Liu
also known as
Hui-Hung Sie
Defendant
Gina Hiu-Hung Liu
individually
also known as
Hui-Hung Sie
also known as
Gina Liu
represented byHugh Hu Mo
(See above for address)
ATTORNEY TO BE NOTICED

Pedro Medina , Jr
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Gina Hiu-Hung Liu
as trustees or managers of Goodwill For Sang Lan Fund
also known as
Hui-Hung Sie
also known as
Gina Liu
represented byHugh Hu Mo
(See above for address)
ATTORNEY TO BE NOTICED

Pedro Medina , Jr
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Hugh Hu Mo represented byHugh Hu Mo
(See above for address)
ATTORNEY TO BE NOTICED

Pedro Medina , Jr
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Does 1-30
unknown defendants, jointly and severally

Date Filed #Docket Text
04/28/2011COMPLAINT against AOL Time Warner, Inc., K.S. Gina Hiu-Hung, K.S. Liu, Riverstone Claims Management, LLC, TIG Insurance Company, TIG Specialty Insurance Solutions, The United States Gymnastics Federation, Ted Turner. (Filing Fee $ 350.00, Receipt Number 465401005294)Document filed by Sang Lan.(rdz) (Entered: 05/02/2011)
04/28/2011  SUMMONS ISSUED as to All Defendants. (rdz) (Entered: 05/02/2011)
04/28/2011  Magistrate Judge James C. Francis IV is so designated. (rdz) (Entered: 05/02/2011)
04/28/2011  Case Designated ECF. (rdz) (Entered: 05/02/2011)
05/13/20112 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Amend/Correct 1 Complaint. Document filed by Sang Lan. (Attachments: # 1 amended verified complaint)(Hai, Ming) Modified on 5/16/2011 (db). (Entered: 05/13/2011)
05/13/2011  ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 2 HAS BEEN REJECTED. Note to Attorney Ming Hai : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db) (Entered: 05/16/2011)
05/13/2011 AMENDED COMPLAINT amending 1 Complaint, against AOL Time Warner, Inc., K.S. Gina Hiu-Hung, K.S. Liu, Riverstone Claims Management, LLC, TIG Insurance Company, TIG Specialty Insurance Solutions, The United States Gymnastics Federation, Ted Turner, Wilson Xue, Hugh Mo, John Does and Jane Does #1 through 15, Inclusive with JURY DEMAND.Document filed by Sang Lan. Related document: 1 Complaint, filed by Sang Lan.(cd) (Entered: 05/17/2011)
05/17/20113 NOTICE OF CASE REASSIGNMENT to Judge Leonard B. Sand. Judge Thomas P. Griesa is no longer assigned to the case. (sjo) (Entered: 05/17/2011)
05/20/20115 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Ted Turner. Document filed by Sang Lan. (Hai, Ming) Modified on 5/23/2011 (dt). (Entered: 05/20/2011)
05/20/20116 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Hugh Mo served on 5/20/2011, answer due 6/10/2011. Service was accepted by Hugh Mo. Document filed by Sang Lan. (Hai, Ming) (Entered: 05/20/2011)
05/23/2011  ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Ming Hai Document 5 Notice of Voluntary Dismissal, was referred to Judge Leonard B. Sand for approval. (dt) (Entered: 05/23/2011)
05/24/20117 NOTICE OF VOLUNTARY DISCONTINUANCE AS AGAINST TED TURNER, the plaintiff, through her attorney, hereby voluntarily discontinues any and all claims/cause of actions as against Ted Turner in this action with prejudice. (Signed by Judge Leonard B. Sand on 5/24/11) (pl) (Entered: 05/24/2011)
05/27/20118 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of Hugh Mo (Mo, Hugh) (Entered: 05/27/2011)
06/02/20119 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Leonard B. Sand on 6/2/2011) (jpo) (Entered: 06/02/2011)
06/02/201110 ENDORSED LETTER addressed to Judge Leonard B. Sand from Hugh H. Mo dated 5/27/11 re: Counsel requests that Your Honor grant application to extend the undersigned parties' time to answer or otherwise respond to plaintiff's Amended Complaint until 60 days after plaintiff also serves her Amended Complaint upon the Liu's. ENDORSEMENT: Defendant Mo's time to answer or move with respect to the amended complaint is extended to July 15, 2011, Hugh Mo answer due 7/15/2011. (Motions due by 7/15/2011.) (Signed by Magistrate Judge James C. Francis on 6/2/11) (djc) (Entered: 06/02/2011)
06/06/201111 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Riverstone Claims Management, LLC served on 6/6/2011, answer due 6/27/2011. Service was accepted by Axia Flores. Service was made by Mail, too. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/06/2011)
06/06/201112 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. TIG Insurance Company served on 6/6/2011, answer due 6/27/2011. Service was accepted by Axia Flores. Service was made by Mail, too. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/06/2011)
06/06/201113 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. TIG Specialty Insurance Solutions served on 6/6/2011, answer due 6/27/2011. Service was accepted by Aixa Flores. Service was made by Mail, too. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/06/2011)
06/06/201114 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was made by certified mail for additional service. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/06/2011)
06/06/201115 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was made by certified mail for additional service. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/06/2011)
06/08/201116 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct Amended Complaint. Document filed by Sang Lan. (Attachments: # 1 Affidavit attorney declaration, # 2 2nd amended complaint, # 3 Affidavit affidavit of service of motion)(Hai, Ming) Modified on 6/9/2011 (ldi). (Entered: 06/08/2011)
06/08/201117 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct Amended Complaint. Document filed by Sang Lan. (Attachments: # 1 Affidavit attorney declaration, # 2 2nd Amended Complaint, # 3 Affidavit Exhibit A: affidavit by Ping Lu, # 4 Exhibit Exhibit B: statement by Gina Liu, # 5 Affidavit Affidavit of Service of motion papers)(Hai, Ming) Modified on 6/9/2011 (ldi). (Entered: 06/08/2011)
06/08/2011  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ming Hai to RE-FILE Document 17 FIRST MOTION to Amend/Correct Amended Complaint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. NOTE: Only re-file one motion, and declaration with attachments. (ldi) (Entered: 06/09/2011)
06/09/201118 FIRST MOTION to Amend/Correct Amended Complaint. Document filed by Sang Lan.(Hai, Ming) (Entered: 06/09/2011)
06/09/201119 AFFIRMATION of Ming Hai in Support re: 18 FIRST MOTION to Amend/Correct Amended Complaint.. Document filed by Sang Lan. (Attachments: # 1 2nd Amended Complaint, # 2 Exhibit Ping Lu Affidavit, # 3 Exhibit Gina Liu Statement, # 4 Affidavit Affidavit of Service of Motion Papers)(Hai, Ming) (Entered: 06/09/2011)
06/14/201120 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - RESPONSE to Motion re: 18 FIRST MOTION to Amend/Correct Amended Complaint. Document filed by Sang Lan. (Attachments: # 1 Exhibit Opposing counsel Hugh Mo's response)(Hai, Ming) Modified on 6/14/2011 (ldi). (Entered: 06/14/2011)
06/14/2011  ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 20 HAS BEEN REJECTED. Note to Attorney Ming Hai : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi) (Entered: 06/14/2011)
06/15/201121 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Ming Hai dated 6/14/2011 re: Counsel for the Plaintiff writes to inform the Court that opposing counsel will not be opposing the Plaintiff's motion to amended the amended complaint. ENDORSEMENT: Plaintiffs' motion to amend (Docket no. 18) is granted as unopposed. Plaintiff shall promptly serve and file the Amended Complaint. Judges initials are to appear on ALL papers submitted to this Court. (Signed by Magistrate Judge James C. Francis on 6/14/2011) (ab) (Entered: 06/15/2011)
06/16/201122 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. K.S. Gina Hiu-Hung served on 6/6/2011, answer due 6/27/2011. Service was made by Posted to the door and mail. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/16/2011)
06/16/201123 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. K.S. Liu served on 6/6/2011, answer due 6/27/2011. Service was made by fix and mail. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/16/2011)
06/16/201124 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Wilson Xue served on 6/6/2011, answer due 6/27/2011. Service was made by fix and mail. Document filed by Sang Lan. (Hai, Ming) (Entered: 06/16/2011)
06/16/201125 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of K.S. Gina Hiu-Hung (Mo, Hugh) (Entered: 06/16/2011)
06/16/201126 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of K.S. Liu (Mo, Hugh) (Entered: 06/16/2011)
06/16/201127 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of Wilson Xue (Mo, Hugh) (Entered: 06/16/2011)
06/17/201132  AMENDED COMPLAINT against AOL Time Warner, Inc., John Does and Jane Does #1 through 15, Inclusive, Gina Liu, K.S. Liu, Hugh Mo, Riverstone Claims Management, LLC, Winston Sie, TIG Insurance Company, TIG Specialty Insurance Solutions, The United States Gymnastics Federation, Ted Turner with JURY DEMAND. Document filed by Sang Lan. (ft) (Entered: 06/20/2011)
06/17/2011  SUMMONS ISSUED as to AOL Time Warner, Inc., John Does and Jane Does #1 through 15, Inclusive, Gina Liu, K.S. Liu, Hugh Mo, Riverstone Claims Management, LLC, Winston Sie, TIG Insurance Company, TIG Specialty Insurance Solutions, The United States Gymnastics Federation, Ted Turner. (ft) (Entered: 06/20/2011)
06/19/201128 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6). Document filed by K.S. Gina Hiu-Hung, K.S. Liu, Hugh Mo, Wilson Xue.(Mo, Hugh) (Entered: 06/19/2011)
06/19/201129 DECLARATION of Franklin K. Chiu in Support re: 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by K.S. Gina Hiu-Hung, K.S. Liu, Hugh Mo, Wilson Xue. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Mo, Hugh) (Entered: 06/19/2011)
06/19/201130  MEMORANDUM OF LAW in Support re: 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by K.S. Gina Hiu-Hung, K.S. Liu, Hugh Mo, Wilson Xue. (Mo, Hugh) (Entered: 06/19/2011)
06/19/201131 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Declaration in Support, Exhibits and Memorandum of Law in Support served on Plaintiff Sang Lan on 06/19/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, K.S. Liu, Hugh Mo, Wilson Xue. (Mo, Hugh) (Entered: 06/19/2011)
06/23/201133 STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel, that the time for defendants TIG Insurance Company, TIG Specialty Insurance Solutions and SilverStone Claims Management, LLC, to answer, move or otherwise respond to plaintiff's Summons and Second Amended Complaint in this action, be and the same hereby is extended to and including July 29, 2011. Defendants consent to the Jurisdiction of the Court. (Riverstone Claims Management, LLC answer due 7/29/2011; TIG Insurance Company answer due 7/29/2011; TIG Specialty Insurance Solutions answer due 7/29/2011).( Motions due by 7/29/2011.) (Signed by Magistrate Judge James C. Francis on 6/23/11) (djc) (Entered: 06/23/2011)
06/24/201134 FIRST MOTION to Dismiss for Lack of Jurisdiction. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue.(Mo, Hugh) (Entered: 06/24/2011)
06/24/201135  MEMORANDUM OF LAW in Support re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Mo, Hugh) (Entered: 06/24/2011)
06/24/201136 DECLARATION of Franklin K. Chiu, Esq. in Support re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Mo, Hugh) (Entered: 06/24/2011)
06/24/201137 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss Action FRCP 12(b)(1), Memorandum of Law, Declaration and Exhibits served on Plaintiff Sang lan on 06/24/2011. Service was made by MAIL. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Mo, Hugh) (Entered: 06/24/2011)
06/27/201138 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Winston Sie. Document filed by Sang Lan. (Hai, Ming) Modified on 6/28/2011 (dt). (Entered: 06/27/2011)
06/28/2011  ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Ming Hai for noncompliance with Section (18.4) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 38 Notice of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt) (Entered: 06/28/2011)
06/28/201139 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) AOL Time Warner, Inc.. Document filed by Sang Lan. (Hai, Ming) Modified on 6/29/2011 (ml). (Entered: 06/28/2011)
06/28/201140 NOTICE OF VOLUNTARY DISCONTINUANCE AGAINST WINSTON SIE: Please take notice that the plaintiff, through her attorney, hereby voluntarily discontinues this action against Winston Sie without prejudice, on the ground that Sie's counsel Hugh Mo has provided new evidences indicating that Winston Sie has been living in a foreign country since February, 2002. This Notice has been served on Hugh Mo via ECF and mail on the date below by the undersigned. ENDORSEMENT: So Ordered. (Signed by Judge Leonard B. Sand on 6/28/2011) (mbe) (Entered: 06/28/2011)
06/29/2011  ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Ming Hai Document 39 Notice of Voluntary Dismissal, was referred to Judge Leonard B. Sand for approval. (ml) (Entered: 06/29/2011)
06/29/201141 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) AOL Time Warner, Inc.. (Signed by Judge Leonard B. Sand on 6/29/2011) (jpo) (Entered: 06/29/2011)
07/06/201142 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated 6/28/11 re: Defendants respectfully submit that this Court should deny Attorney Hai's request for an extension of time to cure the deficiencies of Plaintiff's Action as referenced in Defendants' Rule 11 Motion, because it is an independent application that does not rely upon the outcome of Defendants' two pending Motions to Dismiss under Rules 12(b)(1) and 12(b)(6). ENDORSEMENT: As no Rule 11 motion is currently pending, there is no deadline to be extended. So ordered. (Signed by Magistrate Judge James C. Francis on 7/6/11) (rjm) (Entered: 07/06/2011)
07/06/201143 SECOND MOTION to Amend/Correct 32 Amended Complaint,. Document filed by Sang Lan.(Hai, Ming) (Entered: 07/06/2011)
07/06/201144 DECLARATION of Ming Hai in Support re: 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,.. Document filed by Sang Lan. (Attachments: # 1 amended complaint, # 2 Exhibit A, affidavit of Ping Lu, # 3 Exhibit B, statement of Gina Liu, # 4 Exhibit C, commercials by using Sang Lan's image, etc., # 5 Affidavit of service of Motion with supporting documents)(Hai, Ming) (Entered: 07/06/2011)
07/08/201145 ENDORSED LETTER: addressed to Magistrate Judge James C. Francis from Hugh H. Mo dated 7/8/2011 re: Plaintiff has recently filed a Second Motion to Amend Plaintiff's Amended Complaint, and the parties have agreed to a briefing schedule that defendants will submit opposition to said Motion by July 29, 2011, and Plaintiff's reply by August 12. 2011. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge James C. Francis on 7/8/11) (js) (Entered: 07/08/2011)
07/11/201146 ENDORSED LETTER addressed to Judge Leonard B. Sand from Hugh H. Mo dated 6/30/11 re: Defendants have filed two Motions to Dismiss pursuant to Fed. R. Civ. P. Rule 12(b)(6) and Rule 12(b)(1), on June 19 and 24, 2011, Docket Entries #28 and #34, respectively. We have conferred with plaintiff's counsel regarding a joint briefing schedule for both of these motions, and have reached an agreement on consent that: Plaintiff's answering papers to both motions must be served on or before July 25, 2011; and, Defendants' reply papers as to both motions must be served on or before August 5, 2011. ENDORSEMENT: Oral argument will be scheduled upon resolution of motion to amend. So ordered (Signed by Judge Leonard B. Sand on 7/6/11) (djc) (Entered: 07/11/2011)
07/12/201147  MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue.(Mo, Hugh) (Entered: 07/12/2011)
07/12/201148 DECLARATION of Franklin K. Chiu, Esq. in Support re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mo, Hugh) (Entered: 07/12/2011)
07/12/201149  MEMORANDUM OF LAW in Support re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Mo, Hugh) (Entered: 07/12/2011)
07/12/201150 CERTIFICATE OF SERVICE of Notice of Motion for Sanctions, Memorandum of Law in Support, Declaration of Franklin K. Chiu, and exhibits annexed thereto served on Plaintiff Sang Lan on 06/19/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Mo, Hugh) (Entered: 07/12/2011)
07/13/201151 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED That, as no party hereto is an infant or incompetent, this action and all claims asserted therein are vohuntarily dismissed with prejudice and with no order of costs or attorney's fees to either party. (Signed by Judge Leonard B. Sand on 7/13/2011) (jfe) Modified on 7/18/2011 (djc). (Entered: 07/13/2011)
07/18/201152 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Ming Hai dated 7/15/11 re: counsel for plaintiff respectfully requests an extension of time for the plaintiff/her attorney to submit an opposition to Defendants Rule 11 Sanction Motion for 90 days or until determinations of the two pending "Motions to Dismiss", whichever is later. ENDORSEMENT: Application denied. Plaintiff shall answer the Rule 11 motion by July 29, 2011, and defendants shall reply by August 5, 2011. ( Responses due by 7/29/2011, Replies due by 8/5/2011.) (Signed by Magistrate Judge James C. Francis on 7/18/11) (pl) (Entered: 07/18/2011)
07/18/201153 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED AS BETWEEN PLAINTIFF SANG LAN and the DEFENDANTS, TIG INSURANCE COMPANY, TIG SPECIALTY INSURANCE SOLUTIONS, RIVERSTONE CLAIMS MANAGEMENT, LLC and THE UNITED STATES GYMNASTICS FEDERATION D/B/A USA GYMNASTICS, as follows: That, as no party hereto is an infant or incompetent, this action and all claims asserted therein are voluntarily dismissed with prejudice and with no order of costs or attorney's fees to either party. (Signed by Judge Leonard B. Sand on 7/18/2011) (jfe) (Entered: 07/18/2011)
07/19/201154 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) - Motion to Dismiss and Specific Non-Dispositive Motion/Dispute - Motion for Sanctions. Referred to Magistrate Judge James C. Francis. Motions referred to James C. Francis. (Signed by Judge Leonard B. Sand on 7/18/11) (rjm) (Entered: 07/19/2011)
07/22/201155 AFFIDAVIT of Sang Lan in Opposition re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction., 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by Sang Lan. (Attachments: # 1 3rd Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Affidavit of service)(Hai, Ming) (Entered: 07/22/2011)
07/22/201156 AFFIRMATION of Ming Hai in Opposition re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction., 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by Sang Lan. (Attachments: # 1 Exhibit O, # 2 Exhibit P, # 3 Affidavit of Service)(Hai, Ming) (Entered: 07/22/2011)
07/25/201157 FILING ERROR - DUPLICATED DOCKET ENTRY (SEE DOCUMENT #59) - AFFIRMATION of attorney Ming Hai in Opposition re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction., 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6). Document filed by Sang Lan. (Attachments: # 1 Exhibit O, # 2 Exhibit P)(Hai, Ming) Modified on 7/25/2011 (ldi). Modified on 7/28/2011 (lb). (Entered: 07/25/2011)
07/25/201158 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #59) - AFFIRMATION of Attorney Ming Hai in corrected version in Opposition re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction., 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by Sang Lan. (Attachments: # 1 Exhibit O, # 2 Exhibit P, # 3 Affidavit of Service)(Hai, Ming) Modified on 7/28/2011 (lb). (Entered: 07/25/2011)
07/28/201159 AFFIRMATION of Ming Hai in Opposition re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, 3rd Amended Complaint, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Certificate of Translation, # 9 Affidavit of Service)(Hai, Ming) (Entered: 07/28/2011)
07/28/201160 AFFIDAVIT of Sang Lan in Opposition re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Affidavit Service)(Hai, Ming) (Entered: 07/28/2011)
07/29/201161  MEMORANDUM OF LAW in Opposition re: 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 07/29/2011)
07/29/201162 DECLARATION of Franklin K. Chiu in Opposition re: 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Attachments: # 1 Exhibit Plaintiff's Initial Complaint, # 2 Exhibit Plaintiff's First Amended Complaint, # 3 Exhibit Plaintiff's Second Amended Complaint, # 4 Exhibit Plaintiff's Affidavit in Opposition to Defendants' Motions to Dismiss, # 5 Exhibit Plaintiff's Attorney's Affirmation in Opposition to Defendants' Motions to Dismiss, # 6 Exhibit 5/12/11 AP Article)(Mo, Hugh) (Entered: 07/29/2011)
07/29/201163 CERTIFICATE OF SERVICE of Memorandum of Law, Declaration of Franklin K. Chiu, and exhibits annexed thereto, in Opposition to Plaintiff's Second Motion for Leave to Amend and File a Third Amended Complaint served on Plaintiff Sang Lan on 07/29/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 07/29/2011)
08/05/201164  REPLY MEMORANDUM OF LAW in Support re: 34 FIRST MOTION to Dismiss for Lack of Jurisdiction.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/05/2011)
08/05/201165 CERTIFICATE OF SERVICE of Memorandum of Law in Reply and In Further Support of Motion to Dismiss pursuant to Fed. R. Civ. P. Rule 12(b)(1) served on Plaintiff on 08/05/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/05/2011)
08/05/201166  REPLY MEMORANDUM OF LAW in Support re: 28 FIRST MOTION to Dismiss Case as Frivolous Pursuant to FRCP 12(b)(6).. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/05/2011)
08/05/201167 CERTIFICATE OF SERVICE of Memorandum of Law in Reply and in Further Support of Motion to Dismiss pursuant to Fed. R. Civ. P. Rule 12(b)(6) served on Plaintiff on 08/05/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/05/2011)
08/05/201168 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Attachments: # 1 Affidavit Declaration of Hugh H. Mo in Reply and in Further Support of Defendants' Motion for Sanctions)(Mo, Hugh) Modified on 8/8/2011 (ldi). (Entered: 08/05/2011)
08/05/201169 CERTIFICATE OF SERVICE of Memorandum of Law, and accompanying Declaration of Hugh H. Mo, in Reply and in Further Support of Defendants' Motion for Sanctions pursuant to Fed. R. Civ. P. Rule 11 served on Plaintiff on 08/05/2011. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/05/2011)
08/05/2011  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Hugh Hu Mo to RE-FILE Document 68 Reply Memorandum of Law in Support of Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 08/08/2011)
08/08/201170 DECLARATION of Hugh H. Mo in Support re: 47 MOTION for Sanctions against Plaintiff Sang Lan and her attorney Ming Hai, Esq.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 08/08/2011)
08/08/201171 REPLY AFFIRMATION of Ming Hai in Support re: 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,.. Document filed by Sang Lan. (Attachments: # 1 Affidavit of service)(Hai, Ming) (Entered: 08/08/2011)
08/08/201172 REPLY AFFIDAVIT of SANG LAN in Support re: 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Affidavit OF SERVICE)(Hai, Ming) (Entered: 08/08/2011)
08/31/201173  MOTION for Ming Hai to Withdraw as Attorney for plaintiff. Document filed by Sang Lan. Return Date set for 9/15/2011 at 09:30 AM.(Hai, Ming) (Entered: 08/31/2011)
08/31/201174 AFFIDAVIT of Ming Hai in Support re: 73 MOTION for Ming Hai to Withdraw as Attorney for plaintiff.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Affidavit of Service, # 6 Affidavit of Additional Service by FedEx)(Hai, Ming) (Entered: 08/31/2011)
08/31/201175 AFFIDAVIT of Rachel Yang in Support re: 73 MOTION for Ming Hai to Withdraw as Attorney for plaintiff.. Document filed by Sang Lan. (Attachments: # 1 Affidavit of Service, # 2 Affidavit of additional service by FedEx)(Hai, Ming) (Entered: 08/31/2011)
09/01/201176 ORDER: that plaintiff and defendants shall submit any response to the motion no later than 9/16/2011 and Ming Hai shall reply by 9/23/2011. (Signed by Magistrate Judge James C. Francis on 9/1/2011) (ft) (Entered: 09/01/2011)
09/08/201177 RESPONSE to Motion re: 73 MOTION for Ming Hai to Withdraw as Attorney for plaintiff.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 09/08/2011)
09/19/201178 REPLY to Response to Motion re: 73 MOTION for Ming Hai to Withdraw as Attorney for plaintiff.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E of emails of Sang Lan and Huang Jian, # 6 Affidavit of Service)(Hai, Ming) (Entered: 09/19/2011)
10/12/201179 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James C. Francis. (Signed by Judge Leonard B. Sand on 10/11/2011) (ama) (Entered: 10/12/2011)
10/31/201180 MEMORANDUM AND ORDER granting 73 Motion to Withdraw as Attorney. Attorney Ming Hai terminated. Because plaintiff's counsel proffers satisfactory reasons for requesting to be relieved pursuant to Local Civil Rule 1.4, and because his withdrawal will not unnecessarily delay the proceedings, his motion to withdraw is granted. The Court shall, however, retain jurisdiction over Mr. Hai in connection with the defendant's motion for sanctions, which will be considered in conjunction with the pending motions to amend and dismiss. Mr. Hai shall immediately deliver a copy of this Order to the plaintiff and turn over to the plaintiff all documents in his possession related to this litigation. By 12/15/2011, the plaintiff shall appear by new counsel or shall advise the Court in writing that she intends to proceed pro se. (Signed by Magistrate Judge James C. Francis on 10/31/2011) Copies Mailed By Chambers. (ae) (Entered: 10/31/2011)
11/21/201181 REPORT AND RECOMMENDATION: Plaintiff's motion to amend the complaint (Docket no. 43) should be granted. The defendants motion to dismiss for lack of subject matter jurisdiction (Docket no. 34) should be denied. The defendants motion to dismiss for failure to state a claim (Docket no. 28) should be granted with regard to the plaintiffs claims for defamation against Mr. Mo and Ms. Liu, civil conspiracy, primafacie tort, promissory estoppel, intentional infliction of emotional distress, negligent infliction of emotional distress, and eight of her ten alleged breaches of fiduciary duty. The motion should granted with leave for the plaintiff to re-plead with regard to her claims for unjust enrichment, conversion, and breach of fiduciary duty based on misappropriation of funds. The motion should be denied with respect to the plaintiffs claim for breach of fiduciary duty based on the defendants unauthorized use of her likeness in 2008, for invasion of privacy, and for defamation against Mr. Liu. The defendants motion for sanctions (Docket no. 47) should be denied without prejudice to being reviewed when the extent to which sanctions are proper becomes clear. Objections to R&R due by 12/8/2011 (Signed by Magistrate Judge James C. Francis on 11/21/2011) (ft) (Entered: 11/21/2011)
11/21/2011106 INTERNET CITATION NOTE: Material from decision with Internet citation re: 81 Report and Recommendations. (tro) (Entered: 05/31/2012)
12/05/201182 OBJECTION to 81 Report and Recommendations by the Magistrate Judge Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit D, # 4 Affidavit of Service)(Hai, Ming) (Entered: 12/05/2011)
12/08/201183 OBJECTION to 81 Report and Recommendations by Defendants Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo, Winston Sie, Wilson Xue. (Attachments: # 1 Affidavit of Translation, # 2 Exhibit Photos of CD and Cover Pages, # 3 Exhibit English Translations)(Mo, Hugh) (Entered: 12/08/2011)
12/14/201184 MEMORANDUM: Having successfully moved to be relieved as an attorney after a motion to withdraw as attorney for plaintiff, Ming Hai has no standing to file any documents on behalf of plaintiff in this capacity. He seeks standing to file in the capacity of a party against whom defendants continue to seek monetary sanctions but his 23 page memorandum is not limited to the questions of this alleged liability. This document is not received on behalf of the plaintiff and will not be so regarded by this Court. If plaintiff wishes to file a document in response to the Magistrate's report she may do so by 1/31/2012 but not thereafter. Set Deadlines/Hearing as to (Objections to R&R due by 1/31/2012) (Signed by Judge Leonard B. Sand on 12/14/2011) (ft) (Entered: 12/15/2011)
12/15/201185 NOTICE OF APPEARANCE by X. Bing Xu on behalf of Sang Lan (Xu, X. Bing) (Entered: 12/15/2011)
12/15/201186  RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 12/15/2011)
01/23/201287  FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Ming Hai to turn over documents. Document filed by Sang Lan. Return Date set for 2/23/2012 at 09:00 AM. (Attachments: # 1 Affidavit Affirmation in support of Motion to Compel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Supplement Case, # 8 Supplement Case2)(Xu, X. Bing) Modified on 1/24/2012 (ldi). (Entered: 01/23/2012)
01/23/2012  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney X. Bing Xu to RE-FILE Document 87 MOTION to Compel Ming Hai to turn over documents. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 01/24/2012)
01/24/201288  FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Sang Lan in Support re: 87 MOTION to Compel Ming Hai to turn over documents. Document filed by Sang Lan. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Xu, X. Bing) Modified on 1/24/2012 (ldi). (Entered: 01/24/2012)
01/24/201289  FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Sang Lan's former attorney Ming Hai in Opposition re: 87 MOTION to Compel Ming Hai to turn over documents.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hai, Ming) Modified on 1/24/2012 (ldi). (Entered: 01/24/2012)
01/24/2012  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney X. Bing Xu to RE-FILE Document 88 Affirmation in Support of Motion. ERROR(S): Document linked to filing error. (ldi) (Entered: 01/24/2012)
01/24/2012  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ming Hai to RE-FILE Document 89 Affirmation in Opposition to Motion. ERROR(S): Document linked to filing error. (ldi) (Entered: 01/24/2012)
01/24/201290  MOTION to Compel Ming Hai to Turn Over Documents. Document filed by Sang Lan.(Xu, X. Bing) Modified on 8/8/2013 (lmb). (Entered: 01/24/2012)
01/24/201291 AFFIRMATION of X. Bing Xu, Esquire in Support re: 90 MOTION to Compel Ming Hai to Turn Over Documents.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Xu, X. Bing) (Entered: 01/24/2012)
01/24/201292 AFFIRMATION of Sang Lan in Support re: 90 MOTION to Compel Ming Hai to Turn Over Documents.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B1, # 4 Exhibit B1 translation)(Xu, X. Bing) (Entered: 01/24/2012)
01/25/201293 AFFIRMATION of Sang Lan's former attorney Ming Hai in Opposition re: 90 MOTION to Compel Ming Hai to Turn Over Documents.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hai, Ming) (Entered: 01/25/2012)
01/26/201294  RESPONSE re: 81 Report and Recommendations,,,,, 84 Order, Set Motion and R&R Deadlines/Hearings,,,,,,. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 01/26/2012)
02/03/201295 ORDER: Settlement Conference set for 2/27/2012 at 09:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 2/3/2012) Copies Mailed By Chambers. (cd) (Entered: 02/03/2012)
02/27/2012  Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 2/27/2012. (js) (Entered: 02/29/2012)
03/02/201296 STIPULATION AND ORDER OF PARTIAL DISMISSAL OF RULE 11 MOTION: the undersigned counsel hereby consents to the partial dismissal of their pending Motion for Sanctions. pursuant to Fed. R. Civ. P. Rule 11, only as against attorney Ming Hai, Esq., with prejudice, and without costs, expenses or attorneys' fees to any of the parties as against the other, and pursuant to the attached Agreement of Settlement, with the settlement amount redacted. (Signed by Magistrate Judge James C. Francis on 3/2/2012) (pl) Modified on 3/5/2012 (pl). (Main Document 96 replaced on 3/6/2012, See Page 3 replaced. See Endorsed Letter 97 which ordered that this page be replaced.) (tro). Modified on 3/6/2012 (tro). (Main Document 96 replaced on 3/7/2012, pursuant to instructions from Chambers, page 3 redacted) (tro). Modified on 3/7/2012 (tro). (Entered: 03/05/2012)
03/06/201297 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated 3/4/2012 re: We kindly ask the Court to replace the first page of the Settlement Agreement with the enclosed copy, which includes a footnote. ENDORSEMENT: Application granted. The Settlement Agreement and release is amended accordingly. So ordered. (Signed by Magistrate Judge James C. Francis on 3/6/2012) (rjm) (Main Document 97 replaced on 3/7/2012, as per Chamber's instructions, page 2 redacted version) (tro). Modified on 3/7/2012 (tro). (Entered: 03/06/2012)
04/23/2012  ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney X. Bing Xu for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, to: caseopenings@nysd.uscourts.gov. (rjm) (Entered: 04/23/2012)
04/23/2012  ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney X. Bing Xu for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 4 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (rjm) (Entered: 04/23/2012)
04/23/2012  ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney X. Bing Xu to E-MAIL the PDF for Document 32 Amended Complaint to: caseopenings@nysd.uscourts.gov. All pdfs must include case number and corresponding document number. (rjm) (Entered: 04/23/2012)
05/09/201298 MEMORANDUM AND ORDER: for 47 Motion for Sanctions filed by Winston Sie, K.S. Gina Hiu-Hung, K.S. Liu, Gina Liu, Wilson Xue, Hugh Mo, 81 Report and Recommendations, 34 Motion to Dismiss/Lack of Jurisdiction filed by Winston Sie, K.S. Gina Hiu-Hung, K.S. Liu, Gina Liu, Wilson Xue, Hugh Mo, 28 Motion to Dismiss Case as Frivolous filed by K.S. Gina Hiu-Hung, K.S. Liu, Wilson Xue, Hugh Mo, 43 Motion to Amend/Correct filed by Sang Lan. For the above reasons, Defendants' motion for sanctions against Plaintiff is denied: Defendants' motion to dismiss Count 9 is granted with leave to replead; and Defendants' motion to dismiss Count 10 is granted with respect to Hugh Mo and denied with respect to K.S. Liu and Gina Liu. In all other respects, Judge Francis's R&R is affirmed. (Signed by Judge Leonard B. Sand on 5/9/2012) (jfe) (Entered: 05/09/2012)
05/10/201299  FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION to Set Aside 96 Stipulation and Order of Dismissal,,, by Ming Hai, former attorney for Plainitff. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Errata C, # 4 Exhibit D, # 5 Affidavit of Service)(Hai, Ming) Modified on 5/11/2012 (ldi). (Entered: 05/10/2012)
05/10/2012  ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 99 HAS BEEN REJECTED. Note to Attorney Ming Hai : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi) (Entered: 05/11/2012)
05/11/2012100  FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Set Aside 96 Stipulation and Order of Dismissal,,, by Ming Hai, former attorney for plaintiff. Document filed by Sang Lan.(Hai, Ming) Modified on 5/14/2012 (db). (Entered: 05/11/2012)
05/11/2012101  FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Ming Hai in Support re: 100 FIRST MOTION to Set Aside 96 Stipulation and Order of Dismissal,,, by Ming Hai, former attorney for plaintiff.. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Affidavit of Service)(Hai, Ming) Modified on 5/14/2012 (db). (Entered: 05/11/2012)
05/14/2012  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ming Hai to RE-FILE Document 100 FIRST MOTION to Set Aside 96 Stipulation and Order of Dismissal, by Ming Hai, former attorney for plaintiff. FIRST MOTION to Set Aside 96 Stipulation and Order of Dismissal, by Ming Hai, former attorney for plaintiff. ERROR(S): No signature or s/. (db) (Entered: 05/14/2012)
05/14/2012  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ming Hai to RE-FILE Document 101 Affirmation in Support of Motion. ERROR(S): Document linked to filing error. (db) (Entered: 05/14/2012)
05/14/2012102 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Ming Hai's 5/10/2012 Motion to Set Aside Stipulation and Order of Dismissal. Referred to Magistrate Judge James C. Francis. (Signed by Judge Leonard B. Sand on 5/14/2012) (cd) (Entered: 05/14/2012)
05/14/2012103  MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,. Document filed by Ming Hai.(Hai, Ming) (Entered: 05/14/2012)
05/14/2012104 AFFIRMATION of Ming Hai in Support re: 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,.. Document filed by Ming Hai. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Affidavit of Service)(Hai, Ming) (Entered: 05/14/2012)
05/14/2012  Transmission to Case Assignment Clerk. Transmitted re: 102 Order Referring Case to Magistrate Judge, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (cd) (Entered: 05/29/2012)
05/29/2012105 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge James C. Francis, for Specific Non-Dispositive Motion/Dispute. Magistrate Judge James C. Francis no longer referred to the case. (sjo) (Entered: 05/29/2012)
06/05/2012107 ORDER: Set Deadlines/Hearing as to 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal:( Responses due by 6/29/2012, Replies due by 7/13/2012.) (Signed by Magistrate Judge James C. Francis on 6/5/2012) Copies Mailed By Chambers. (cd) (Entered: 06/05/2012)
06/05/2012  Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 6/5/2012. (cd) (Entered: 06/06/2012)
06/29/2012108  MEMORANDUM OF LAW in Opposition re: 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 06/29/2012)
06/29/2012109 DECLARATION of Hugh H. Mo in Opposition re: 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,.. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Exhibit "D", # 5 Exhibit "E", # 6 Exhibit "F")(Mo, Hugh) (Entered: 06/29/2012)
07/03/2012110 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Attorney Hai's Motion to Set Aside Settlement, Declaration of Hugh H. Mo, Esq., and exhibits served on SANG LAN and MING HAI, ESQ. on 06/29/12. Service was made by MAIL. Document filed by K.S. Gina Hiu-Hung, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 07/03/2012)
07/12/2012111 REPLY AFFIRMATION of Ming Hai in Support re: 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,.. Document filed by Ming Hai. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Affidavit of Service)(Hai, Ming) (Entered: 07/12/2012)
07/25/2012112 ORDER: A pretrial conference having been held by telephone on July 25, 2012, it is hereby ORDERED as follows: 1. Any motion to amend the pleadings shall be served and filed by October 7, 2012. 2. All discovery shall be completed by February 28, 2013. 3. The pretrial order shall be submitted by March 29, 2013 unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. ( Discovery due by 2/28/2013. Motions due by 10/7/2012. Pretrial Order due by 3/29/2013.) (Signed by Magistrate Judge James C. Francis on 7/25/2012) Copies Mailed By Chambers. (ja) (Entered: 07/25/2012)
08/13/2012113 REPORT AND RECOMMENDATION: re: 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal, filed by Ming Hai. For the reasons set forth above, Mr. Hais motion to rescind the settlement agreement (Docket no. 103) should be denied. Objections to R&R due by 8/30/2012 (Signed by Magistrate Judge James C. Francis on 8/13/2012) Copies Mailed By Chambers. (jfe) (Entered: 08/14/2012)
08/27/2012114 OBJECTION to 113 Report and Recommendations Document filed by Ming Hai. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Affidavit of Service)(Hai, Ming) (Entered: 08/27/2012)
10/05/2012115  MOTION to Add Party(ies) Time Warner, Inc.. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 10/05/2012)
10/05/2012116 AFFIRMATION of X. Bing Xu, Esquire in Support re: 115 MOTION to Add Party(ies) Time Warner, Inc... Document filed by Sang Lan. (Attachments: # 1 Supplement 4th Amended Complaint, # 2 Exhibit exhibit a-f to cpl, # 3 Exhibit exhibit g-j to cpl, # 4 Exhibit exhibit k-m to cpl)(Xu, X. Bing) (Entered: 10/05/2012)
11/05/2012118 JOINT STIPULATION AND ORDER ON BRIEFING SCHEDULE: Time Warner, the Liu's, and Attorney Mo wish to proceed directly to motions challenging the allegations in the Fourth Amended Complaint. Time Warner, the Liu's, and Attorney Mo take no position Plaintiff's Motion to Add Party. Accordingly, Plaintiffs Motion to Add Party (Docket No. 115) is granted and the Fourth Amended Complaint shall be deemed filed as of the date of this Stipulation. This Stipulation may be executed in two or more counterparts, each of which shall be deemed an original including facsimile, copy or email forms, and all of which together shall constitute one and the same document. SO ORDERED. John Does and Jane Does #1 through 15, Inclusive answer due 12/14/2012; Gina Liu answer due 12/14/2012; K.S. Liu answer due 12/14/2012; Hugh Mo answer due 12/14/2012; Ted Turner answer due 12/14/2012.( Responses due by 1/30/2013, Replies due by 2/27/2013.) (Signed by Magistrate Judge James C. Francis on 11/05/2012) (ama) (Entered: 11/05/2012)
11/20/2012119 FOURTH AMENDED COMPLAINT amending 32 Amended Complaint, against Time Warner, Inc., Keo-Sung Liu, Gina Hiu-Hung Liu, Gina Hiu-Hung Liu, Hugh Hu Mo, Does 1-30 with JURY DEMAND.Document filed by Sang Lan. Related document: 32 Amended Complaint, filed by Sang Lan.(mro) (Additional attachment(s) added on 12/17/2012: # 1 Exhibit A to F, # 2 Exhibit g j, # 3 Exhibit k m) (sac). (Entered: 11/21/2012)
12/03/2012  ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney X. Bing Xu for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 119 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (mro) (Entered: 12/03/2012)
12/06/2012120  MOTION for Alan W. Bakowski to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8038498. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Time Warner, Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order)(Bakowski, Alan) (Entered: 12/06/2012)
12/06/2012121  MOTION for James A. Lamberth to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8038667. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Time Warner, Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order)(Lamberth, James) (Entered: 12/06/2012)
12/06/2012  >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 120 MOTION for Alan W. Bakowski to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8038498. Motion and supporting papers to be reviewed by Clerk's Office staff., 121 MOTION for James A. Lamberth to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8038667. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 12/06/2012)
12/10/2012122 ORDER FOR ADMISSION PRO HAC VICE: granting 121 Motion for James A. Lamberth to Appear Pro Hac Vice. (Signed by Magistrate Judge James C. Francis on 12/10/2012) (djc) (Entered: 12/11/2012)
12/10/2012123 ORDER FOR ADMISSION PRO HAC VICE: granting 120 Motion for Alan W. Bakowski to Appear Pro Hac Vice. (Signed by Magistrate Judge James C. Francis on 12/10/2012) (djc) (Entered: 12/11/2012)
12/12/2012124 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Hugh H. Mo dated 12/12/2012 re: Defense counsel writes due to unforeseen circumstances and delays, including repercussions from Hurricane Sandy, the Individual Defendants respectfully ask Your Honor to grant, this application for a brief two-week extension of time to answer, move or otherwise respond to Plaintiff's Fourth Amended Complaint to December 28, 2012. This constitutes our first application as it pertains to the Fourth Amended Complaint. ENDORSEMENT: Application granted. So Ordered., K.S. Gina Hiu-Hung answer due 12/28/2012; Gina Hiu-Hung Liu(individually) answer due 12/28/2012; Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund) answer due 12/28/2012; Hugh Hu Mo answer due 12/28/2012. (Signed by Magistrate Judge James C. Francis on 12/12/2012) (ago) (Entered: 12/12/2012)
12/14/2012125 WAIVER OF SERVICE RETURNED EXECUTED. All Plaintiffs. Document filed by Time Warner, Inc.. (Xu, X. Bing) (Entered: 12/14/2012)
12/14/2012126  RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Time Warner, Inc..(Bakowski, Alan) (Entered: 12/14/2012)
12/14/2012127  MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted. Document filed by Time Warner, Inc.. Responses due by 1/30/2013(Bakowski, Alan) (Entered: 12/14/2012)
12/14/2012128  MEMORANDUM OF LAW in Support re: 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Time Warner, Inc.. (Bakowski, Alan) (Entered: 12/14/2012)
12/14/2012129 DECLARATION of Alan W. Bakowski in Support re: 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Time Warner, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bakowski, Alan) (Entered: 12/14/2012)
12/27/2012130  MOTION to Dismiss FOURTH AMENDED COMPLAINT. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Hugh Mo. Responses due by 1/30/2013 (Attachments: # 1 Exhibit Letter Requesting Oral Argument)(Mo, Hugh) (Entered: 12/27/2012)
12/27/2012131  MEMORANDUM OF LAW in Support re: 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT.. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 12/27/2012)
12/27/2012132 DECLARATION of Hugh H. Mo, Esq. in Support re: 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT.. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Hugh Mo. (Attachments: # 1 Exhibit Exhibit "A")(Mo, Hugh) (Entered: 12/27/2012)
12/27/2012133 CERTIFICATE OF SERVICE of NOTICE OF MOTION TO DISMISS FOURTH AMENDED COMPLAINT, MEMORANDUM OF LAW IN SUPPORT, DECLARATION IN SUPPORT, AND EXHIBITS served on ALL PARTIES on 12/27/2012. Service was made by MAIL. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 12/27/2012)
01/29/2013134 ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV, from X. Bing Xu, dated 1/29/2013, re: request for additional time to file Plaintiff's response to defendants' Motion to Dismiss. ENDORSEMENT: Plaintiff is hereby granted extension of time to respond to Defendant Lius and Mo's Motion to Dismiss on or before February 15, 2013; Defendant Lius and Mo shall file their reply on or before March 1, 2013. Plaintiff is hereby granted extension of time to respond to Defendant Time Warner's Motion to Dismiss on or before February 15 2013; Defendant Time Warner shall file its reply on or before March 1, 2013. So Ordered. ( Motions due by 2/15/2013, Responses due by 2/15/2013, Replies due by 3/1/2013.) (Signed by Magistrate Judge James C. Francis on 1/29/2013) (ja) (Entered: 01/29/2013)
02/15/2013135  MEMORANDUM OF LAW in Opposition re: 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 02/15/2013)
02/15/2013136  MEMORANDUM OF LAW in Opposition re: 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT.. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 02/15/2013)
03/01/2013137  REPLY MEMORANDUM OF LAW in Support re: 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT.. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Hugh Mo. (Mo, Hugh) (Entered: 03/01/2013)
03/01/2013138 CERTIFICATE OF SERVICE of Defendants' Reply Memorandum of Law served on Sang Lan and Time Warner, Inc. on 03/01/13. Service was made by MAIL. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Gina Liu, K.S. Liu, Keo-Sung Liu, Hugh Mo. (Mo, Hugh) (Entered: 03/01/2013)
03/01/2013139  REPLY MEMORANDUM OF LAW in Support re: 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Time Warner, Inc.. (Bakowski, Alan) (Entered: 03/01/2013)
04/19/2013140 REPORT AND RECOMMENDATION re: 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted. 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT. For the foregoing reasons, I recommend that Time Warner's motion to dismiss (Docket no. 127) be granted in its entirety. I further recommend that the Individual Defendants motion to dismiss (Docket no. 130) be granted in part and denied in part.Specifically, I recommend that the Individual Defendants motion to dismiss be granted with respect to Count Five (Accounting as to Other Property); Count Six (Unjust Enrichment) to the extent that it pertains to the Other Property; Count Seven (Conversion) to the extent that it pertains to insurance proceeds; Count Eight (Breach of Fiduciary Duty against the Lius); Count Nine (Breach of Fiduciary Duty against Mr. Mo); Count Ten (Defamation) to the extent that it pertains to the statements set out in the Fourth Amended Complaint, 185(c) & (d), and the document (and its translation) attached to the Fourth Amended Complaint as part of Exh. M (the translation begins, Sang Lan got injured and paralysis at Goodwill Games held in New York in 1998); and Count Twelve(Cyberharassment). The motion should be denied in all other respects. Pursuant to 28 U.S.C. § 636(b) (1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objections to this Report and Recommendation. Objections to R&R due by 5/6/2013. Respectfully Submitted. (Signed by Magistrate Judge James C. Francis on 4/19/2013) Copies Mailed by Chambers. (rsh) Modified on 4/22/2013 (rsh). (Entered: 04/19/2013)
04/30/2013141 MEMORANDUM AND ORDER: ADOPTING REPORT AND RECOMMENDATIONS for 81 Report and Recommendations; 103 Motion to Set Aside filed by Ming Hai. Having reviewed the R&R and Hai's objections thereto, we adopt the R&R and deny Hai's motion. Any other argument made by Hai is meritless. There are no clear errors in the parts of the R&R to which Hai did not object. For the reasons set forth herein, we adopt Judge Francis's R&R and Hai's motion to set aside the Stipulation is DENIED. SO ORDERED. (Signed by Judge Leonard B. Sand on 4/30/2013) (ja) Modified on 4/30/2013 (ja). (Entered: 04/30/2013)
05/02/2013142 ENDORSED LETTER addressed to Judge Leonard B. Sand, from James A. Lamberth, dated 4/30/2013, re: Request for Extension or Enlargement of Time to File Responses or Objection to U.S. Magistrate Judge's Report and Recommendation of April 19, 2013. ENDORSEMENT: Parties are hereby granted extension of time to file their responses or objections to James C. Francis, IV, U.S. Magistrate Judge's Report and Recommendation on or before June 5, 2013. 130 MOTION to Dismiss FOURTH AMENDED COMPLAINT, 127 MOTION to Dismiss Plaintiff's Fourth Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted. ( Responses due by 6/5/2013, Objections to R&R due by 6/5/2013) (Signed by Judge Leonard B. Sand on 5/2/2013) (ja) (Entered: 05/02/2013)
05/17/2013143 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Leonard B. Sand is no longer assigned to the case. (pgu) (Entered: 05/17/2013)
05/21/2013144 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Analisa Torres is no longer assigned to the case. (pgu) (Entered: 05/21/2013)
05/22/2013145 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Loretta A. Preska is no longer assigned to the case. (pgu) (Entered: 05/22/2013)
06/05/2013146 OBJECTION to 140 Report and Recommendations Document filed by Sang Lan. (Xu, X. Bing) (Entered: 06/05/2013)
06/24/2013147  RESPONSE re: 146 Objection to Report and Recommendations and Memorandum of Law in Support of Magistrate Judge Francis's Report and Recommendation. Document filed by Time Warner, Inc.. (Bakowski, Alan) (Entered: 06/24/2013)
08/08/2013  ***DELETED DOCUMENT. Deleted document number 148 Report and Recommendations. The document was incorrectly filed in this case. (lmb) (Entered: 08/08/2013)
08/09/2013148 ORDER withdrawing 90 Motion to Compel. Counsel for the plaintiff having represented that the motion to compel filed on January 24, 2012, may be withdrawn, the Clerk of Court is respectfully directed to withdraw the motion (Docket no. 90). The motion may be renewed when and if circumstances warrant. (Signed by Magistrate Judge James C. Francis on 8/9/2013) Copies Mailed By Chambers. (tro) (Entered: 08/09/2013)
02/25/2014149 ORDER. For the reasons stated above, the Individual Defendants' motion to dismiss is DENIED as to Counts Five and Six. The Individual Defendants' motion to dismiss Count Eight is DENIED only as to the allegations that the Lius (1) failed to account for the Fund and (5) misappropriated of Fund assets. In all other respects, Judge Francis' R&R is AFFIRMED. Adopting in part 140 Report and Recommendations. (Signed by Judge Analisa Torres on 2/25/2014) (rjm) (Entered: 02/26/2014)
03/12/2014150  MOTION for Reconsideration re; 149 Order Adopting Report and Recommendations,. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 03/12/2014)
03/12/2014151  MEMORANDUM OF LAW in Support re: 150 MOTION for Reconsideration re; 149 Order Adopting Report and Recommendations,.. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 03/12/2014)
03/26/2014152  MEMORANDUM OF LAW in Opposition re: 150 MOTION for Reconsideration re; 149 Order Adopting Report and Recommendations,.. Document filed by Gina Liu, K.S. Liu, Keo-Sung Liu, Hugh Mo. (Medina, Pedro) (Entered: 03/26/2014)
03/26/2014153 CERTIFICATE OF SERVICE of Memorandum in Opposition served on Plaintiff on March 26, 2014. Service was made by Mail. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo. (Medina, Pedro) (Entered: 03/26/2014)
03/26/2014154 NOTICE OF APPEARANCE by Pedro Medina, Jr on behalf of K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo. (Medina, Pedro) (Entered: 03/26/2014)
03/31/2014155  REPLY MEMORANDUM OF LAW in Opposition re: 150 MOTION for Reconsideration re; 149 Order Adopting Report and Recommendations,.. Document filed by Time Warner, Inc.. (Bakowski, Alan) (Entered: 03/31/2014)
04/01/2014  Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 4/1/2014. (Bacchus, Michael) (Entered: 04/01/2014)
04/01/2014156 ORDER: A pretrial conference having been held by telephone on April 1, 2014, it is hereby ORDERED as follows: 1. The parties shall exchange Rule 26(a) (1) initial disclosures by April 1, 2014. 2. All discovery shall be completed by August 29, 2013. 2. The pretrial order shall be submitted by September 30, 2014, unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. 3. If all parties consent to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c), the enclosed consent form should be executed and returned. (Pretrial Order due by 9/30/2014.) (Signed by Magistrate Judge James C. Francis on 4/1/2014) Copies Mailed By Chambers. (djc) (Entered: 04/01/2014)
04/02/2014157 ORDER: A pretrial conference having been held by telephone on April 1, 2014, it is hereby ORDERED as follows: 1. The scheduling order dated April 1, 2014 (Docket no. 146) is vacated. 2. parties shall exchange Rule 26(a) (1) initial disclosures by April 30, 2014. 3. All discovery shall be completed by August 29, 2014. 4. The pretrial order shall be submitted by September 30, 2014, unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. (Discovery due by 8/29/2014. Motions due by 9/30/2014. Pretrial Order due by 9/30/2014.) (Signed by Magistrate Judge James C. Francis on 4/2/2014)Copies Mailed By Chambers (djc) Modified on 4/2/2014 (djc). (Entered: 04/02/2014)
04/04/2014158 NOTICE OF CHANGE OF ADDRESS by Pedro Medina, Jr on behalf of K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo. New Address: The Law Firm of Hugh H. Mo, P.C., 225 Broadway, 27th Floor, New York, New York, United States 10007, 2123851500. (Medina, Pedro) (Entered: 04/04/2014)
04/11/2014159 FIRST LETTER MOTION for Conference re: 157 Order, Set Deadlines,,,, addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated April 11, 2014. Document filed by K.S. Gina Hiu-Hung, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo. (Attachments: # 1 Appendix Correspondence, # 2 Appendix Proposed Order)(Medina, Pedro) (Entered: 04/11/2014)
桑兰对海明

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:12-cv-07103-VEC-DCF


Sang v. Hai et al
Assigned to: Judge Valerie E. Caproni
Referred to: Magistrate Judge Debra C. Freeman
Cause: 28:1332 Diversity-Libel,Assault,Slander

Date Filed: 09/20/2012
Jury Demand: Plaintiff
Nature of Suit: 320 Assault Libel & Slander
Jurisdiction: Diversity
Plaintiff
Lan Sang represented byAllan Steven Schiller
Schiller Law Group PC
130 West 42nd Street
New York, NY 10036
718)-268-9800
Fax: 718)-268-9892
Email: as@asfirm.com
ATTORNEY TO BE NOTICED

John Vincent Golaszewski
Orans, Elsen, Lupert & Brown LLP
875 Third Avenue, 28th Flr.
New York, NY 10020
(212) 586-2211
Fax: (212) 765-3662
Email: jg@asifrm.com
ATTORNEY TO BE NOTICED

V.
Defendant
Ming Hai represented byDianna L. Daghir McCarthy
Winget, Spadafora & Schwartzberg, LLP
45 Broadway, 19th Floor
New York, NY 10006
(212) 221-6900
Fax: (212)-221-6989
Email: mccarthy.d@wssllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tania Jaynelle Mistretta
Winget, Spadafora & Schwartzberg, LLP
45 Broadway
New York, NY 10006
(212) 221-6900
Fax: (212) 221-6989
Email: tmistretta@nixonpeabody.com
TERMINATED: 02/26/2014
LEAD ATTORNEY

Dan Toshiki Szajngarten
Winget Spadafora & Schwartzberg, LLP
45 Broadway, 19th Floor
New york, NY 10006
(212)-221-6900
Fax: (212)-221-6989
Email: szajngarten.d@wssllp.com
ATTORNEY TO BE NOTICED
Defendant
Law Office of Ming Hai, P.C. represented byDianna L. Daghir McCarthy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tania Jaynelle Mistretta
(See above for address)
TERMINATED: 02/26/2014
LEAD ATTORNEY

Dan Toshiki Szajngarten
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/20/20121 COMPLAINT against Ming Hai, Law Office of Ming Hai, P.C. (Filing Fee $ 350.00, Receipt Number 1049179)Document filed by Lan Sang.(mro) (mro). (Entered: 09/21/2012)
09/20/2012  SUMMONS ISSUED as to Ming Hai, Law Office of Ming Hai, P.C. (mro) (Entered: 09/21/2012)
09/20/2012  Magistrate Judge Debra C. Freeman is so designated. (mro) (Entered: 09/21/2012)
09/20/2012  Case Designated ECF. (mro) (Entered: 09/21/2012)
09/24/20122 SUMMONS RETURNED EXECUTED Summons and Complaint served. All Defendants. Service was accepted by Ming Hai. Document filed by Lan Sang. (Schiller, Allan) (Entered: 09/24/2012)
10/01/20123 NOTICE OF APPEARANCE by Dianna L. Daghir McCarthy on behalf of Ming Hai, Law Office of Ming Hai, P.C. (McCarthy, Dianna) (Entered: 10/01/2012)
10/01/20124 NOTICE OF APPEARANCE by Tania Jaynelle Mistretta on behalf of Ming Hai, Law Office of Ming Hai, P.C. (Mistretta, Tania) (Entered: 10/01/2012)
10/02/20125 NOTICE OF CHANGE OF ADDRESS by Allan Steven Schiller on behalf of Lan Sang. New Address: SCHILLER LAW GROUP PC, 130 WEST 42 STREET, NEW YORK, NEW YORK, USA 10036, 212-768-8700. (Schiller, Allan) (Entered: 10/02/2012)
10/05/20126 ENDORSED LETTER addressed to Judge J. Paul Oetken from Tania Mistretta dated 10/4/2012 re: We request an extension to respond or otherwise move through and including October 31, 2012. ENDORSEMENT: Application granted., Ming Hai answer due 10/31/2012; Law Office of Ming Hai, P.C. answer due 10/31/2012. (Signed by Judge J. Paul Oetken on 10/5/2012) (lmb) (Entered: 10/05/2012)
10/10/2012FIRST AMENDED COMPLAINT amending 1 Complaint against Ming Hai, Law Office of Ming Hai, P.C. with JURY DEMAND.Document filed by Lan Sang. Related document: 1 Complaint filed by Lan Sang.(cd) (Entered: 10/15/2012)
10/22/20128 ENDORSED LETTER addressed to Judge J. Paul Oetken from Tania Mistretta, Esq. dated 10/17/2012 re: Tn light of Plaintiff's recent amendment to the complaint, we write to request an extension of time to respond or otherwise move on behalf of Defendants. We now request an extension of time for Defendants to respond to the Amended Complaint, or otherwise move, through and including November 21, 2012. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge J. Paul Oetken on 10/20/2012) (mt) (Entered: 10/22/2012)
10/22/2012  Set/Reset Deadlines: Ming Hai answer due 11/21/2012; Law Office of Ming Hai, P.C. answer due 11/21/2012. (mt) (Entered: 10/22/2012)
10/22/2012  ***DELETED DOCUMENT. Deleted document number 9 ORDER ADMITTING ATTORNEY PRO HAC VICE. The document was incorrectly filed in this case. (mt) (Entered: 10/22/2012)
11/21/20129  FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Declaration of Dianna D. McCarthy in Support, # 2 Exhibits A-E to McCarthy Decl., # 3 Memorandum of Law in Support of Motion to Dismiss, # 4 Appendices A-F to Memorandum of Law in Support of Motion to Dismiss)(McCarthy, Dianna) Modified on 11/26/2012 (ldi). (Entered: 11/21/2012)
11/21/2012  ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Dianna L. Daghir McCarthy to RE-FILE Document 9 MOTION to Dismiss. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 11/26/2012)
11/26/201210  MOTION to Dismiss Amended Complaint. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 11/26/2012)
11/26/201211 DECLARATION of Dianna D. McCarthy in Support re: 10 MOTION to Dismiss Amended Complaint.. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McCarthy, Dianna) (Entered: 11/26/2012)
11/26/201212  MEMORANDUM OF LAW in Support re: 10 MOTION to Dismiss Amended Complaint.. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F)(McCarthy, Dianna) (Entered: 11/26/2012)
11/26/201213 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Declaration in Support, and Memorandum of Law in Support served on Allan Schiller on November 21, 2012. Service was made by Mail. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Mistretta, Tania) (Entered: 11/26/2012)
12/04/201214 Letter addressed to Judge J. Paul Oetken from Allan Schiller dated 12/3/2012 re: This letter is to inform the Court and opposing counsel pursuant to the individual practices of the Court, that the Plaintiff elects to amend the pleading challenged by defendants' pending motion to dismiss. The Plaintiff will file an amended complaint on or before December 18, 2012. The undersigned has conferred with opposing counsel who has informed the undersigned that Defendants take no position to the amendment and that December 18, 2012 is an acceptable date. Document filed by Lan Sang.(djc) (Entered: 12/04/2012)
12/04/2012  Set Deadlines/Hearings: Amended Pleadings due by 12/18/2012. (djc) (Entered: 12/04/2012)
12/18/201215 FIRST MOTION to Amend/Correct Complaint. Document filed by Lan Sang.(Schiller, Allan) (Entered: 12/18/2012)
12/18/201216 DECLARATION of Allan Schiller in Support re: 10 MOTION to Dismiss Amended Complaint., 15 FIRST MOTION to Amend/Correct Complaint.. Document filed by Lan Sang. (Attachments: # 1 Exhibit A)(Schiller, Allan) (Entered: 12/18/2012)
12/18/201217 CERTIFICATE OF SERVICE of Notice of Motion, Declaration, Exhibit A Second Amended Complaint served on Winget, Spadafora & Schwartzberg LLP on 12/18/2012. Document filed by Lan Sang. (Schiller, Allan) (Entered: 12/18/2012)
01/14/201318 ORDER denying as moot 10 Motion to Dismiss; granting 15 Motion to Amend/Correct. Plaintiff's Motion to Amend (Dkt. No. 15) is GRANTED. Defendant's Motion to Dismiss (Dkt. No. 10) is therefore DENIED as moot. Defendant has until January 28, 2013 to answer or move to dismiss Plaintiff's Amended Complaint. In the event that Defendant moves to dismiss, Plaintiff has until February 18, 2013 to oppose Defendant's motion; Defendant then has until March 4, 2013 to reply. The Clerk of the Court is directed to close the motions at Docket Nos. 10 and 15. (Signed by Judge J. Paul Oetken on 1/11/2013) (ft) (Entered: 01/14/2013)
01/14/2013  Set/Reset Deadlines: Ming Hai answer due 1/28/2013; Law Office of Ming Hai, P.C. answer due 1/28/2013. Responses due by 2/18/2013. Replies due by 3/4/2013. (ft) (Entered: 01/14/2013)
01/25/201319 ENDORSED LETTER addressed to Judge J. Paul Oetken from Tania Mistretta dated 1/24/13 re: Counsel writes to request a ten page limit extension of the Court's twenty-five page limit for memoranda of law. ENDORSEMENT: Application granted. (Signed by Judge J. Paul Oetken on 1/24/2013) (mro) (Entered: 01/25/2013)
01/28/201320  MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. Responses due by 2/18/2013(McCarthy, Dianna) (Entered: 01/28/2013)
01/28/201321 DECLARATION of Dianna D. McCarthy in Support re: 20 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McCarthy, Dianna) (Entered: 01/28/2013)
01/28/201322  MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 01/28/2013)
01/28/201323 CERTIFICATE OF SERVICE of Motion to Dismiss served on Allan Schiller on January 28, 2013. Service was made by Mail. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Mistretta, Tania) (Entered: 01/28/2013)
02/18/201324  MEMORANDUM OF LAW in Opposition re: 20 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by Lan Sang. (Schiller, Allan) (Entered: 02/18/2013)
02/18/201325 DECLARATION of John V. Golaszewski, Esq. in Opposition re: 20 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by Lan Sang. (Schiller, Allan) (Entered: 02/18/2013)
02/20/201326 CERTIFICATE OF SERVICE of Opposition to Motion to Dismiss and Declaration of John V. Golaszewski served on Dianna D. McCarthy on February 18, 2013. Service was made by Mail. Document filed by Lan Sang. (Schiller, Allan) (Entered: 02/20/2013)
03/04/201327  REPLY MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 03/04/2013)
03/04/201328 CERTIFICATE OF SERVICE of Reply Brief in Further Support served on Allan Schiller on March 4, 2013. Service was made by Mail. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Mistretta, Tania) (Entered: 03/04/2013)
03/06/201329 ENDORSED LETTER addressed to Judge J. Paul Oetken from Tania Mistretta dated 3/1/2013 re: Counsel requests a 5 page extension of the Court's 10 page limit for reply memoranda of law. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge J. Paul Oetken on 3/5/2013) (tro) (Entered: 03/06/2013)
03/12/2013  Please be advised that Judge Oetken's Courtroom and Chambers have been moved to the Thurgood Marshall United States Courthouse located at 40 Foley Square, New York, New York 10007. Effective immediately, all proceedings before the Court will take place in Courtroom 706. Judge Oetken's Chambers are located in Room 2101, 40 Foley Square. The Court's Individual Practices remain available at http://www.nysd.uscourts.gov/judge/Oetken. (Skolnik, Brandon) (Entered: 03/12/2013)
05/24/201330 ORDER: Oral argument on Defendant's motion to dismiss shall be held on 6/26/2013 at 10:00 a.m. (Oral Argument set for 6/26/2013 at 10:00 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 5/23/2013) (tro) (Entered: 05/24/2013)
06/11/201331 ORDER: The oral argument scheduled for June 26, 2013 at 10:00 a.m. is hereby ADJOURNED sine die. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/11/2013) (rsh) (Entered: 06/11/2013)
06/27/201332 MEMORANDUM AND ORDER: For the foregoing reasons, Defendants motion is dismiss is GRANTED in part and DENIED in part. The defamation claim concerning the Lawsuit Statement is dismissed. The breach of contract, tortious interference with contract, tortious interference with business relations, intentional infliction of emotional distress claims, and fiduciary duty claim are also dismissed. Plaintiffs other claims survive. Defendants request to transfer this case under the first-to-file doctrine is denied. The Clerk of Court is directed to close the motion at Docket Number 20.. (Signed by Judge J. Paul Oetken on 6/27/2013) (js) (Entered: 06/27/2013)
06/27/201333 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/27/2013) (ama) (Entered: 06/27/2013)
07/12/201334 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Tania Mistretta dated 7/10/2013 re: Counsel for defendants write the parties received Judge Oetken's June 27, 2013 decision granting in part and denying in part Defendants' Motion to Dismiss. In light of the fact that some of the Plaintiff's claims survived the motion, Defendants and Plaintiff conferred and propose the following schedule by consent: Plaintiff will serve an amended Complaint reflecting the Court's June 27, 2013 decision by close of business July 11, 2013. defendants will serve a response to the Amended Complaint by close of business July 18, 2013. If the proposed schedule is acceptable to the Court, the parties will act accordingly. ENDORSEMENT: The Complaint Complaint which does not yet appear to have been filed should be filed forthwith. Defendant to file answer or other response by 7/18/2013. (Signed by Magistrate Judge Debra C. Freeman on 7/12/2013) (js) (Entered: 07/12/2013)
07/15/201335 THIRD AMENDED COMPLAINT amending 7 Amended Complaint against Ming Hai, Law Office of Ming Hai, P.C. with JURY DEMAND.Document filed by Lan Sang. Related document: 7 Amended Complaint filed by Lan Sang.(js) (Entered: 07/17/2013)
07/18/2013  Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Initial Pretrial Conference via telephone held on 7/18/2013, ( Telephone Conference set for 9/17/2013 at 10:00 AM before Magistrate Judge Debra C. Freeman.). Submitted by Aisha Bams, Deputy Clerk (sc) (Entered: 07/22/2013)
07/22/201336 ANSWER to 35 Amended Complaint. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 07/22/2013)
08/02/201337 ORDER REGARDING DISCOVERY SCHEDULE: The parties shall submit their initial disclosures pursuant to Rule 26 of the Federal Rules of Civil Procedure on or before August 8, 2013. The parties shall exchange requests for the production of documents and interrogatories, via electronic mail, on or before August 30, 2013. The parties shall exchange objections and responses to requests for production of documents and interrogatories, and documents responsive to requests for production of documents, on or before September 27, 2013. Any motions to amend the pleadings or to join additional parties shall be made on or before October 4, 2013. All non-expert disclosure shall be completed on or before December 27, 2013. Plaintiff's expert report(s) shall be served on or before January 27, 2014. Defendants' rebuttal expert report(s) shall be served on or before February 27, 2014. All expert discovery shall be completed on or before March 27, 2014. The next pre-trial conference is scheduled to be held September 17, 2013 at 10:00 a.m. by conference call. Approved, as modified.(Amended Pleadings due by 10/4/2013. Expert Discovery due by 3/27/2014., Joinder of Parties due by 10/4/2013.) ( Pretrial Conference set for 9/17/2013 at 10:00 AM before Magistrate Judge Debra C. Freeman.) (Signed by Magistrate Judge Debra C. Freeman on 8/2/2013) (ja) (Entered: 08/05/2013)
08/08/201338 RULE 26 DISCLOSURE.Document filed by Lan Sang.(Schiller, Allan) (Entered: 08/08/2013)
08/08/201339 RULE 26 DISCLOSURE.Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 08/08/2013)
09/17/2013  Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference via telephone held on 9/17/2013, ( Telephone Conference set for 11/19/2013 at 10:00 AM before Magistrate Judge Debra C. Freeman.). (sc) (Entered: 09/17/2013)
11/19/2013  Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference via telephone held on 11/19/2013. ( Telephone Conference set for 11/21/2013 at 04:00 PM before Magistrate Judge Debra C. Freeman.). (sc) (Entered: 11/20/2013)
11/21/2013  Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference via telephone held on 11/21/2013, ( Telephone Conference set for 12/4/2013 at 11:30 AM before Magistrate Judge Debra C. Freeman.). (sc) (Entered: 11/27/2013)
12/03/201340  MOTION to Quash Non-Party Subpoena of Sinovision.net. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 12/03/2013)
12/03/201341 DECLARATION of Dianna McCarthy in Support re: 40 MOTION to Quash Non-Party Subpoena of Sinovision.net.. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McCarthy, Dianna) (Entered: 12/03/2013)
12/03/201342  MEMORANDUM OF LAW in Support re: 40 MOTION to Quash Non-Party Subpoena of Sinovision.net.. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 12/03/2013)
12/04/201343 ORDER denying 40 Motion to Quash. The Court having heard argument from the parties on a telephone conference on December 4, 2013, the Court finds that Defendant lacks standing to move to quash the subpoena. On this point, the Court is not persuaded that Defendant could have had any reasonable expectation of privacy in information that Defendant himself posted online, in a blog that was available for public view, even if the blog has since been taken down. In addition, Defendant has failed to demonstrate that he did not receive prior notice of the subpoena or that the subpoenaed documents are irrelevant to the claims made in this action. (HEREBY ORDERED by Magistrate Judge Debra C. Freeman)(Text Only Order) (Freeman, Debra) (Entered: 12/04/2013)
12/04/2013  Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference via telephone held on 12/4/2013, ( Telephone Conference set for 1/9/2013 at 11:00 AM before Magistrate Judge Debra C. Freeman.). (sc) (Entered: 12/06/2013)
12/24/201344 NOTICE OF APPEARANCE by Dan Toshiki Szajngarten on behalf of Ming Hai, Law Office of Ming Hai, P.C.. (Szajngarten, Dan) (Entered: 12/24/2013)
12/26/201345  LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Szajngarten, Dan) (Entered: 12/26/2013)
12/27/201346 ORDER granting 45 Letter Motion for Extension of Time to Complete Fact Discovery. The deadline for the completion of fact discovery shall be extended to February 28, 2014. Counsel are directed to confer with respect to the schedule for expert discovery, and to inform the Court promptly as to whether they expect to be able to comply with the previously-existing schedule for such discovery. If counsel are seeking an extension of expert discovery, as well as fact discovery, then counsel should proposed a revised schedule for the exchange of expert reports and the completion of any expert depositions. (HEREBY ORDERED by Magistrate Judge Debra C. Freeman)(Text Only Order) (Freeman, Debra) (Entered: 12/27/2013)
01/09/2014  Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference via telephone held on 1/9/2014, ( Telephone Conference set for 2/20/2014 at 12:00 PM before Magistrate Judge Debra C. Freeman.). (sc) (Entered: 01/13/2014)
02/20/2014  Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference via telephone held on 2/20/2014, ( Telephone Conference is set for 4/23/2014 at 10:30 AM before Magistrate Judge Debra C. Freeman.). (sc) (Entered: 02/24/2014)
02/26/201447 ENDORSED LETTER addressed to Judge J. Paul Oetken from Tania J. Mistretta dated 2/25/2014 re: Pursuant to Local Rule 1.4, I write to respectfully withdraw as attorney of record for defendants Ming Hai and the Law Office of Ming Hai, P.C. (Defendants) in the above-referenced matter. ENDORSEMENT: So ordered., Attorney Tania Jaynelle Mistretta terminated. (Signed by Judge J. Paul Oetken on 2/26/2014) (lmb) (Entered: 02/26/2014)
03/05/2014  NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge J. Paul Oetken is no longer assigned to the case. (pgu) (Entered: 03/05/2014)
03/05/201448 ORDER: Whereas this case has been assigned to me for all purposes, it is hereby, ORDERED that counsel review and comply with the Court's Individual Rules and Procedures (Individual Rules) (available at the Court's website, http://nysd.uscourts.gov/judge/Caproni). Counsel are further directed to submit a joint letter to the Court no later than April 2, 2014 and appear for a status conference on April 9, 2014, at 12:00 p.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties should append the most recent complaint and the most recent scheduling order to the status letter. The letter must be filed on ECF in accordance with the Individual Rules. The status letter may not exceed 5 pages and must include the following as further set forth herein. ( Status Conference set for 4/9/2014 at 12:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/5/2014) (djc) (Entered: 03/06/2014)
04/02/201449 JOINT LETTER addressed to Judge Valerie E. Caproni from Defendants Ming Hai and the Law Office of Ming Hai dated April 2, 2014 re: Docket No. 48. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Szajngarten, Dan) (Entered: 04/02/2014)
04/09/2014  Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 4/9/2014. Parties will continue to go before Magistrate Judge Freeman for general pretrial supervision. See order for court deadlines. (Brantley, Michael) (Entered: 04/09/2014)
04/09/201450 MEDIATION REFERRAL ORDER...the above-entitled action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 4/21/2014. Mediator Expertise Request due by 4/14/2014. it is hereby ORDERED: 1. The parties shall submit a joint letter within one week of the completion of discovery advising the Court of the status of this matter, at which time the Court will schedule a status conference. 2. This case is referred for mediation to the Court-annexed Mediation Program. Local Rule 83.9 shall govern the mediation. The parties shall participate in the mediation in good faith. The mediation shall have no effect upon any scheduling order issued by the Court unless the Court orders otherwise. 3. The order referring this case to Magistrate Judge Freeman for general pretrial purposes remains in effect. (Signed by Judge Valerie E. Caproni on 4/9/2014) (djc) Modified on 4/10/2014 (djc). (Entered: 04/10/2014)

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回复 wx1wx2 2014-4-15 18:22
“当然了,这个案子里,海明是华人”-----很多人以为海明是华裔,美国公民(或永久居民?),在美国读过书、注了册的律师。

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