日志
桑兰-海明案打得热火朝天
热度 2 ||
新移民不远万里来到美国这个法治国家，很少有学习美国法律的机会，桑兰的几个案子算是提供了活标本，其中桑兰诉海明律师的案子虽然不如其另外一个案子有名，但也是打得有声有色、如火如荼。有法庭案卷为证。其中值得注意的是，海明在诽谤问题上进行了艰苦的简洁评判动议，但收获不多，6句涉嫌诽谤的话，只有一句被判为没有诽谤。
海明作为律师竟然诽谤了自己的客户，落得这般田地，学艺不精可见一般啊。
经过这一系列的较量之后，海明显然面临相当的困境，这种案子如果进行庭审对海明是很不利的。最终海明与桑兰达成了协议。有兴趣的可以自己看。
目前，更具有普法意义的应该是翰山酷网的侵权案。这个案子涉及美国联邦法，而不是像桑兰案那样是 diversity case。
sang-hai-letter.pdf
U.S. District Court
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: 28:1332lb 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 by | Allan 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 by | Dianna 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 Heidi Megan Gootnick Ohrenstein & Brown LLP 1305 Franklin Avenue Suite 300 Garden City, NY 11530 (718)-541-7997 Email: gootnick.h@wssllp.com ATTORNEY TO BE NOTICED Lauren Ashley Rieders Moses & Singer, LLP 405 Lexington Avenue New York, NY 10174 (212)-554-7802 Fax: (917)-206-4382 Email: rieders.l@wssllp.com 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 ATTORNEY TO BE NOTICED |
| Defendant | ||
| Law Office of Ming Hai, P.C. | represented by | Dianna 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 Heidi Megan Gootnick (See above for address) ATTORNEY TO BE NOTICED Lauren Ashley Rieders (See above for address) ATTORNEY TO BE NOTICED Ming Hai (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/20/2012 | 1 | 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) | |
| 09/24/2012 | 2 | 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) |
| 10/01/2012 | 3 | 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) |
| 10/01/2012 | 4 | 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) |
| 10/02/2012 | 5 | 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) |
| 10/05/2012 | 6 | 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) |
| 10/10/2012 | 7 | FIRST 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: 1Complaint filed by Lan Sang.(cd) (Entered: 10/15/2012) |
| 10/22/2012 | 8 | 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) | |
| 11/21/2012 | 9 | 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 9MOTION 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) | |
| 11/26/2012 | 10 | MOTION to Dismiss Amended Complaint. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 11/26/2012) |
| 11/26/2012 | 11 | 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: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McCarthy, Dianna) (Entered: 11/26/2012) |
| 11/26/2012 | 12 | 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) |
| 11/26/2012 | 13 | 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) |
| 12/04/2012 | 14 | 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) | |
| 12/18/2012 | 15 | FIRST MOTION to Amend/Correct Complaint. Document filed by Lan Sang.(Schiller, Allan) (Entered: 12/18/2012) |
| 12/18/2012 | 16 | 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) |
| 12/18/2012 | 17 | 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) |
| 01/14/2013 | 18 | 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) | |
| 01/25/2013 | 19 | 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) |
| 01/28/2013 | 20 | 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) |
| 01/28/2013 | 21 | 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) |
| 01/28/2013 | 22 | 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) |
| 01/28/2013 | 23 | 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) |
| 02/18/2013 | 24 | 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) |
| 02/18/2013 | 25 | 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) |
| 02/20/2013 | 26 | 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) |
| 03/04/2013 | 27 | 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) |
| 03/04/2013 | 28 | 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) |
| 03/06/2013 | 29 | 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) | |
| 05/24/2013 | 30 | 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) |
| 06/11/2013 | 31 | 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) |
| 06/27/2013 | 32 | 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) |
| 06/27/2013 | 33 | 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) |
| 07/12/2013 | 34 | 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) |
| 07/15/2013 | 35 | 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) | |
| 07/22/2013 | 36 | ANSWER to 35 Amended Complaint. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 07/22/2013) |
| 08/02/2013 | 37 | 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) |
| 08/08/2013 | 38 | RULE 26 DISCLOSURE.Document filed by Lan Sang.(Schiller, Allan) (Entered: 08/08/2013) |
| 08/08/2013 | 39 | 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) | |
| 12/03/2013 | 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) |
| 12/03/2013 | 41 | 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) |
| 12/03/2013 | 42 | 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) |
| 12/04/2013 | 43 | 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) | |
| 12/24/2013 | 44 | 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) |
| 12/26/2013 | 45 | 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) |
| 12/27/2013 | 46 | 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) | |
| 02/26/2014 | 47 | 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) | |
| 03/05/2014 | 48 | 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) |
| 04/02/2014 | 49 | 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) | |
| 04/09/2014 | 50 | 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) |
| 04/23/2014 | Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 4/23/2014. (aba) (Entered: 04/23/2014) | |
| 04/24/2014 | NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/27/2014.(cda) (Entered: 04/24/2014) | |
| 05/02/2014 | 51 | LETTER addressed to Magistrate Judge Debra C. Freeman from John V. Golaszewski, Esq. dated May 2, 2014 re: Discovery. Document filed by Lan Sang.(Golaszewski, John) (Entered: 05/02/2014) |
| 05/05/2014 | 52 | MEMO ENDORSEMENT on 51 Letter filed by Lan Sang. ENDORSEMENT: Granted. Plaintiff's expert report due by 7/3/2014; Defendants' expert report due by 8/4/2014; expert depositions, if necessary, to be completed by 9/2/2014. ( Depositions due by 9/2/2014.) (Signed by Magistrate Judge Debra C. Freeman on 5/5/2014) (cd) (Entered: 05/05/2014) |
| 05/23/2014 | MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for July 10, 2014 at 10:00 AM. Session to take place at the Office of the Mediator.(cda) (Entered: 05/23/2014) | |
| 07/03/2014 | 53 | RULE 26 DISCLOSURE.Document filed by Lan Sang. (Attachments: # 1 Exhibit A, Expert Report, # 2 Exhibit B, C.V.)(Schiller, Allan) (Entered: 07/03/2014) |
| 07/11/2014 | Mediator Session Held on 07/11/2014 at Mediator's Office.(ms) (Entered: 07/11/2014) | |
| 07/18/2014 | 54 | LETTER addressed to Magistrate Judge Debra C. Freeman Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Szajngarten, Dan) (Entered: 07/18/2014) |
| 07/21/2014 | 55 | LETTER addressed to Magistrate Judge Debra C. Freeman from John V. Golaszewski, Esq. dated July 21, 2014 re: Discovery. Document filed by Lan Sang.(Schiller, Allan) (Entered: 07/21/2014) |
| 07/24/2014 | Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 7/24/2014. (aba) (Entered: 07/25/2014) | |
| 09/11/2014 | 56 | MOTION to Consolidate Cases 12-cv-07103 and 11-cv-02870 . Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Szajngarten, Dan) (Entered: 09/11/2014) |
| 09/11/2014 | 57 | DECLARATION of Dianna D. McCarthy in Support re: 56 MOTION to Consolidate Cases 12-cv-07103 and 11-cv-02870 .. 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: 09/11/2014) |
| 09/11/2014 | 58 | MEMORANDUM OF LAW in Support re: 56 MOTION to Consolidate Cases 12-cv-07103 and 11-cv-02870 . . Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Szajngarten, Dan) (Entered: 09/11/2014) |
| 09/29/2014 | 59 | LETTER addressed to Judge Valerie E. Caproni from John V. Golaszewski, Esq. dated September 29, 2014 re: Defendants' Motion to Consolidate. Document filed by Lan Sang.(Golaszewski, John) (Entered: 09/29/2014) |
| 09/30/2014 | 60 | ORDER: denying 56 Motion to Consolidate Cases. Because Defendants have failed to meet their burden in showing that this action should be consolidated with Time Warner, their motion to consolidate is DENIED. (Signed by Judge Valerie E. Caproni on 9/30/2014) (djc) (Entered: 10/01/2014) |
| 10/03/2014 | 61 | NOTICE OF APPEARANCE by Ming Hai on behalf of Ming Hai. (Hai, Ming) (Entered: 10/03/2014) |
| 10/03/2014 | 62 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference Re: restraining order addressed to Judge Valerie E. Caproni from Ming Hai dated 10/03/2014. Document filed by Ming Hai. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hai, Ming) Modified on 10/6/2014 (db). (Entered: 10/03/2014) |
| 10/03/2014 | 63 | LETTER addressed to Judge Valerie E. Caproni from John V. Golaszewski, Esq. dated October 3, 2014 re: Response to Defendant's Letter. Document filed by Lan Sang.(Golaszewski, John) (Entered: 10/03/2014) |
| 10/03/2014 | 64 | NOTICE of Offer of Judgment. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Szajngarten, Dan) (Entered: 10/03/2014) |
| 10/05/2014 | 65 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER REPLY to Response to Motion addressed to Judge Valerie E. Caproni from Ming Hai dated 10/05/2014 re: 62 LETTER MOTION for Conference Re: restraining order addressed to Judge Valerie E. Caproni from Ming Hai dated 10/03/2014. . Document filed by Ming Hai. (Hai, Ming) Modified on 10/6/2014 (db). (Entered: 10/05/2014) |
| 10/06/2014 | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Ming Hai to RE-FILE Document 62 LETTER MOTION for ConferenceRe: restraining order addressed to Judge Valerie E. Caproni from Ming Hai dated 10/03/2014. Use the event type Letter found under the event list Other Documents. (db)(Entered: 10/06/2014) | |
| 10/06/2014 | 66 | LETTER addressed to Judge Valerie E. Caproni from Ming Hai dated 10/03/2014 re: Press solicitation by attorneys. Document filed by Ming Hai. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C)(Hai, Ming) (Entered: 10/06/2014) |
| 10/06/2014 | 67 | LETTER addressed to Judge Valerie E. Caproni from John V. Golaszewski dated 10/03/2014 re: Response to Defendant's letter dated 10/03/2014. Document filed by Lan Sang.(Hai, Ming) (Entered: 10/06/2014) |
| 10/06/2014 | 68 | LETTER addressed to Judge Valerie E. Caproni from Ming Hai dated 10/05/2014 re: Reply to Plaintiff's Response Doc# 67. Document filed by Ming Hai.(Hai, Ming) (Entered: 10/06/2014) |
| 10/07/2014 | 69 | ENDORSED LETTER addressed to Judge Valerie E. Caproni from Ming Hai dated 10/5/2014 re: Reply to Plaintiff's response (Doc # 63 ). ENDORSEMENT: Defendant Ming Hai, along with his counsel, and counsel for Plaintiff are directed to appear before the Court for a status conference at 2:00 p.m. on October 10, 2014 in Room 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. The parties should be prepared to discuss Defendant's request for a restraining order and the prospects for settlement of this case. SO ORDERED. (Status Conference set for 10/10/2014 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/7/2014) (ajs) (Entered: 10/07/2014) |
| 10/10/2014 | Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 10/10/2014. (Court Reporter Ann Hairston) (Brantley, Michael) (Entered: 10/10/2014) | |
| 10/10/2014 | 70 | ORDER: Defendant's request that the Court enter a restraining order is DENIED. The Court, however, understands that the parties have voluntarily agreed that none of the counsel, parties, or parties' representatives and agents shall discuss this case in the media, including on social media and internet blogs, or with members of the press. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/10/2014) (ama) (Entered: 10/10/2014) |
| 10/16/2014 | 71 | MOTION for an order ruling plaintiff is public figure as a matter of law . Document filed by Ming Hai.(Hai, Ming) (Entered: 10/16/2014) |
| 10/16/2014 | 72 | MEMORANDUM OF LAW in Support re: 71 MOTION for an order ruling plaintiff is public figure as a matter of law . . Document filed by Ming Hai. (Attachments: # 1 Part 2 of Memorandum of Law in Support, # 2 Part 3 of Memo of law in support)(Hai, Ming) (Entered: 10/16/2014) |
| 10/16/2014 | 73 | DECLARATION of Ming Hai, Esq in Support re: 71 MOTION for an order ruling plaintiff is public figure as a matter of law .. Document filed by Ming Hai. (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 part 2 of Exhibit J, # 12 Exhibit part 3 of Exhibit J, # 13 Exhibit part 4 of Exhibit J, # 14 Exhibit K, # 15 Exhibit part 2 of Exhibit K, # 16 Exhibit part 3 of Exhibit K, # 17 Exhibit part 4 of Exhibit K, # 18 Exhibit L, # 19Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P, # 23 Exhibit Q, # 24 Exhibit R, # 25 Certificate of Service)(Hai, Ming) (Entered: 10/16/2014) |
| 10/24/2014 | 74 | LETTER addressed to Judge Valerie E. Caproni re: Briefing Schedule for Docket No. 71. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Szajngarten, Dan) (Entered: 10/24/2014) |
| 10/27/2014 | 75 | MEMO ENDORSEMENT on re: 74 Letter filed by Law Office of Ming Hai, P.C., Ming Hai. ENDORSEMENT: Application GRANTED. Plaintiff's opposition shall be due November 17, 2014. Defendants' reply shall be due December 1, 2014. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/27/2014) (djc) Modified on 10/28/2014 (djc). (Entered: 10/28/2014) |
| 10/27/2014 | Set/Reset Deadlines: Responses due by 11/17/2014. Replies due by 12/1/2014. (djc) (Entered: 10/28/2014) | |
| 10/31/2014 | 76 | MOTION to Amend/Correct 36 Answer to Amended Complaint . Document filed by Ming Hai, Law Office of Ming Hai, P.C.. Return Date set for 11/17/2014 at 10:00 AM.(Szajngarten, Dan) (Entered: 10/31/2014) |
| 10/31/2014 | 77 | DECLARATION of Dianna D. McCarthy in Support re: 76 MOTION to Amend/Correct 36 Answer to 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, # 6 Exhibit F)(Szajngarten, Dan) (Entered: 10/31/2014) |
| 10/31/2014 | 78 | MEMORANDUM OF LAW in Support re: 76 MOTION to Amend/Correct 36 Answer to Amended Complaint . . Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Appendix A)(Szajngarten, Dan) (Entered: 10/31/2014) |
| 11/06/2014 | 79 | LETTER addressed to Judge Valerie E. Caproni re: Briefing Schedule for Docket No. 76. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Szajngarten, Dan) (Entered: 11/06/2014) |
| 11/07/2014 | 80 | MEMO ENDORSEMENT on re: 79 Letter filed by Law Office of Ming Hai, P.C., Ming Hai. ENDORSEMENT: Application GRANTED. Plaintiff's opposition shall be due November 25, 2014, and Defendants' reply shall be due December 1, 2014. ( Responses due by 11/25/2014, Replies due by 12/1/2014.) (Signed by Judge Valerie E. Caproni on 11/7/2014) (mro) Modified on 11/7/2014 (mro). (Entered: 11/07/2014) |
| 11/17/2014 | 82 | MEMORANDUM OF LAW in Opposition re: 71 MOTION for an order ruling plaintiff is public figure as a matter of law . . Document filed by Lan Sang. (Golaszewski, John) (Entered: 11/17/2014) |
| 11/25/2014 | 83 | LETTER addressed to Judge Valerie E. Caproni from John V. Golaszewski dated November 25, 2014 re: Defendants' Motion to Amend Answer. Document filed by Lan Sang.(Golaszewski, John) (Entered: 11/25/2014) |
| 11/26/2014 | 84 | LETTER addressed to Judge Valerie E. Caproni from Dianna D. McCarthy dated November 26, 2014 re: Response to Docket No. 83. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Szajngarten, Dan) (Entered: 11/26/2014) |
| 12/01/2014 | 85 | REPLY MEMORANDUM OF LAW in Support re: 71 MOTION for an order ruling plaintiff is public figure as a matter of law . . Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Szajngarten, Dan) (Entered: 12/01/2014) |
| 12/01/2014 | 86 | REPLY to Response to Motion re: 71 MOTION for an order ruling plaintiff is public figure as a matter of law . . Document filed by Ming Hai. (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 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26Certificate of Service)(Hai, Ming) (Entered: 12/01/2014) |
| 12/02/2014 | 87 | ORDER granting 76 Motion to Amend/Correct. 1. Defendants' Motion is GRANTED. Defendants shall file their amended answer by December 15, 2014. 2. Plaintiff's deadline to respond to Defendant's supplemental discovery demands, which were served on October 21, 2014, shall be December 19, 2014. 3. The deadline for the completion of all fact discovery shall be extended to February 2, 2015. The deadline for the completion of all expert discovery shall be extended to March 2, 2015. No further extensions of these deadlines will be granted. In accordance with Rule 2(B) of the Court's Individual Rules and Practices, after conferring with each other, the parties shall promptly inform the court of any dispute that might interfere with the parties' ability to meet these discovery deadlines. 4. The parties shall next appear before the Court for a pretrial conference on Friday, February 6, 2015 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. (Signed by Judge Valerie E. Caproni on 12/2/2014) (mro) (Entered: 12/02/2014) |
| 12/02/2014 | Set/Reset Hearings: Pretrial Conference set for 2/6/2015 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (mro) (Entered: 12/02/2014) | |
| 12/02/2014 | Set/Reset Deadlines: Ming Hai answer due 12/15/2014; Law Office of Ming Hai, P.C. answer due 12/15/2014. Amended Pleadings due by 12/15/2014. Expert Discovery due by 3/2/2015. Fact Discovery due by 2/2/2015. (mro) (Entered: 12/02/2014) | |
| 12/11/2014 | 88 | AMENDED ANSWER to 35 Amended Complaint. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Szajngarten, Dan) (Entered: 12/11/2014) |
| 12/27/2014 | 89 | LETTER addressed to Judge Valerie E. Caproni from Ming Hai dated Dec. 27, 2014 re: Discovery. Document filed by Ming Hai. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3Exhibit C, # 4 Exhibit D)(Hai, Ming) (Entered: 12/27/2014) |
| 12/31/2014 | 90 | LETTER addressed to Judge Valerie E. Caproni from John V. Golaszewski dated December 31, 2014 re: Defendant's December 27, 2014 letter to Court. Document filed by Lan Sang. (Attachments: # 1 Exhibit A)(Golaszewski, John) (Entered: 12/31/2014) |
| 01/01/2015 | 91 | LETTER addressed to Judge Valerie E. Caproni from Ming Hai dated 01/01/2015 re: Reply to Plaintiff's Opposition Dkt #90. Document filed by Ming Hai.(Hai, Ming) (Entered: 01/01/2015) |
| 01/07/2015 | Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 1/7/2015. Re: Discovery dispute (Brantley, Michael) (Entered: 01/07/2015) | |
| 01/08/2015 | 92 | ORDER: WHEREAS, on January 7, 2015, the parties participated in a teleconference before the Court regarding such discovery disputes; it is hereby ORDERED: Because Defendants have represented that Plaintiff's interrogatory responses state that she previously "signed" a contract with Hua Yi Publishing House, Inc., prior to the resumption of Plaintiff's deposition later this month, Plaintiff's attorney shall make diligent efforts to reconfirm the representation he has made several times to the Court and the Defendants that there is no written contract with Hua Yi Publishing House, Inc. To the extent Plaintiff remains unable to locate any written contract with Hua Yi Publishing House, Inc., and based on her counsel's representation that all of the Disputed Contracts were oral contracts, Plaintiff shall be precluded from introducing any written copies of any of the Disputed Contracts into evidence at trial. In the event that Plaintiff is able to locate a written version of her contract with Hua Yi Publishing House, Inc., she shall promptly produce it to Defendants and notify the Court so that she will not be precluded from entering such written contract into evidence at trial; as set forth herein. The parties are reminded that the discovery deadline in this case is February 2, 2015. (Signed by Judge Valerie E. Caproni on 1/8/2015) (mro) (Entered: 01/08/2015) |
| 01/29/2015 | 93 | NOTICE OF APPEARANCE by Lauren Ashley Rieders on behalf of Ming Hai, Law Office of Ming Hai, P.C.. (Rieders, Lauren) (Entered: 01/29/2015) |
| 01/29/2015 | 94 | FIRST LETTER addressed to Judge Valerie E. Caproni from Lauren A. Rieders dated January 29, 2015 re: Adjournment of Pretrial Conference. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Rieders, Lauren) (Entered: 01/29/2015) |
| 01/30/2015 | 95 | MEMO ENDORSEMENT on re: 94 Letter filed by Law Office of Ming Hai, P.C., Ming Hai. ENDORSEMENT: The status conference previously scheduled for February 6, 2015 shall be adjourned to February 13, 2015 at 10:00 a.m. ( Status Conference set for 2/13/2015 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/30/2015) (mro) (Entered: 02/02/2015) |
| 02/09/2015 | 96 | ***STRICKEN DOCUMENT. Deleted document number from the case record. The document was stricken from this case pursuant to 97 Order . STATUS REPORT. For Feb. 13 2015 Conference Document filed by Ming Hai. (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)(Hai, Ming) Modified on 2/11/2015 (mro). (Entered: 02/09/2015) |
| 02/11/2015 | 97 | ORDER: It is hereby ORDERED: 1. Pursuant to Federal Rule of Civil Procedure 12(f), Defendant Hai's "Status Report" shall be stricken. Rather than a "Status Report," Defendant's submission appears to be an informal attempt to move the Court for various forms of relief, such as the exclusion of certain testimony and documents to be offered by Plaintiff at trial, the imposition of sanctions for Plaintiff's failure to produce certain documents in discovery and partial summary judgment. The Federal Rules of Civil Procedure and the Local Rules of the Southern District of New York provide clear guidelines and procedures for parties wishing to seek relief from the Court. For example, Local Rule 7.1 states that all motions shall include: (1) A notice of motion, or an order to show cause signed by the Court, which shall specify the applicable rules or statutes pursuant to which the motion is brought, and shall specify the relief sought by the motion; (2) A memorandum of law, setting forth the cases and other authorities relied upon in support of the motion, and divided, under appropriate headings, into as many parts as there are issues to be determined; and (3) Supporting affidavits and exhibits thereto containing any factual information and portions of the record necessary for the decision of the motion. In addition to failing to comply with the Federal Rules of Civil Procedure and the Southern District of New York Local Rules, Defendant Hai's "Status Report" appears to have been made on behalf of himself and Defendant Law Offices of Ming Hai. Defendant Hai, however, has yet to properly enter a Notice of Appearance with respect to the Law Offices of Ming Hai, and until he does so, he may not make representations on that entitys behalf before the Court. 2. Defendant Hai is strongly encouraged to consult with his co-counsel prior to making any further submissions. In the event that Defendant Hai makes any future submissions to the Court that fail to comply with the Federal Rules of Civil Procedure, the Local Rules or this Court's Individual Practices, the Court will consider sanctions, including prohibiting Ming Hai from making any future submission without his co-counsel's express consent and signature. (Signed by Judge Valerie E. Caproni on 2/11/2015) (mro) (Entered: 02/11/2015) |
| 02/13/2015 | Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 2/13/2015. See order for scheduling and deadlines set by the Court. (Court Reporter Martha Drevis) (Brantley, Michael) (Entered: 02/13/2015) | |
| 02/13/2015 | 98 | ORDER granting 71 Motion for an order ruling plaintiff is public figure as a matter of law. WHEREAS, the parties appeared before the Court for a status conference on February 13, 2015, it is hereby ORDERED: 1. For the reasons stated on the record, Defendants' Motion for an Order Finding Plaintiff to be a Public Figure is GRANTED. The Clerk of Court is respectfully requested to close the open motion at docket number 71. 2. Defendants shall serve their expert reports on or before February 18, 2015. The March 2, 2015 deadline for the completion of expert discovery shall remain in effect. 3. The deadline for all Daubert Motions shall be March 31, 2015. Responses to any Daubert Motion shall be due April 14, 2015 and Replies shall be due April 21, 2015. If the Court determines that a Daubert hearing is necessary, that hearing will take place on May 4, 2015 at 10:00 a.m. The Court will notify the parties in advance if such a hearing is required. 4. Counsel for all parties are directed to meet and confer as to whether, based on the evidence produced in discovery, there are any allegations or claims that should be dismissed in advance of trial. After so conferring, counsel shall submit a joint letter to the Court, on or before March 6, 2015, indicating whether any allegations or claims will be dismissed on mutual consent of the parties. The letter shall also state whether Defendants intend to file a motion for summary judgment, and if so, which claims Defendants seek to dismiss. The Court will set a briefing schedule for summary judgment at that time. 5. The following pretrial and trial deadlines shall apply: Motions in Limine shall be due May 29, 2015 and any responses thereto shall be due June 12, 2015. The parties' Joint Pretrial Order, as described in Section 6 of this Court's Individual Practices in Civil Cases, shall be due June 26, 2015. The final pretrial conference shall be held on July 8, 2015 at 2:00 p.m. Trial shall commence on July 13, 2015 at 9:30 a.m. 6. The parties are reminded that, for the duration of the litigation, any Chinese language documents submitted to the Court must be accompanied by (a) a certified English translation from an individual who has been certified to translate from Chinese to English by a federal court and (b) a statement by the certified translator stating when, and before which court, the translator has been certified. Counsel for all parties are encouraged to confer regarding the retention of a mutually agreeable qualified translator for such purposes, as well as to translate at trial. (Signed by Judge Valerie E. Caproni on 2/13/2015) (mro) (Entered: 02/13/2015) |
| 02/13/2015 | Set/Reset Deadlines: ( Expert Discovery due by 3/2/2015., Motions due by 5/29/2015., Pretrial Order due by 6/26/2015., Responses due by 6/12/2015, Replies due by 4/21/2015.), Set/Reset Hearings:( Daubert Hearing set for 5/4/2015 at 10:00 AM before Judge Valerie E. Caproni., Final Pretrial Conference set for 7/8/2015 at 02:00 PM before Judge Valerie E. Caproni., Jury Trial set for 7/13/2015 at 09:30 AM before Judge Valerie E. Caproni.) (mro) (Entered: 02/13/2015) | |
| 02/18/2015 | 99 | RULE 26 DISCLOSURE.Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Rieders, Lauren) (Entered: 02/18/2015) |
| 03/02/2015 | 100 | TRANSCRIPT of Proceedings re: CONFERENCE held on 2/13/2015 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2015. Redacted Transcript Deadline set for 4/6/2015. Release of Transcript Restriction set for 6/4/2015.(McGuirk, Kelly) (Entered: 03/02/2015) |
| 03/02/2015 | 101 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/13/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/02/2015) |
| 03/02/2015 | 102 | LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Valerie E. Caproni from John V. Golaszewski dated March 2, 2015. Document filed by Lan Sang.(Golaszewski, John) (Entered: 03/02/2015) |
| 03/03/2015 | 103 | ORDER granting 102 Letter Motion for Extension of Time to Complete Discovery. The expert discovery deadline is adjourned for the limited purpose of resolving this discovery dispute. If the parties are unable to resolve the dispute themselves they are directed to jointly call Chambers at (212) 805-6350 to schedule a teleconference, rather than make written submissions to the Court. (Signed by Judge Valerie E. Caproni on 3/3/2015) (spo) (Entered: 03/03/2015) |
| 03/06/2015 | 104 | LETTER addressed to Judge Valerie E. Caproni from Lauren A. Rieders dated March 6, 2015 re: Joint Letter. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Rieders, Lauren) (Entered: 03/06/2015) |
| 03/09/2015 | 105 | MEMO ENDORSEMENT on re: 104 Joint Letter filed by Law Office of Ming Hai, P.C., Ming Hai. Defendants' motion for summary judgment shall be due March 23, 2015. Plaintiff's opposition shall be due April 6, 2015. Defendants' reply shall be due April 13, 2015. (Motions due by 3/23/2015.) (Responses due by 4/6/2015.) (Replies due by 4/13/2015.) (Signed by Judge Valerie E. Caproni on 3/9/2015) (spo) (Entered: 03/09/2015) |
| 03/09/2015 | 106 | LETTER addressed to Judge Valerie E. Caproni from Dianna McCarthy, Esq. dated March 9, 2015 re: Request for Extension. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Rieders, Lauren) (Entered: 03/09/2015) |
| 03/11/2015 | 107 | MEMO ENDORSEMENT on re: 106 Letter requesting for Extension, filed by Law Office of Ming Hai, P.C., Ming Hai. ENDORSEMENT: Application GRANTED. Motions for summary judgment shall be due April 6, 2015. Opposition briefs shall be due April 21, 2015. Reply briefs shall be due April 28, 2015. Absent truly extenuating circumstances, no further extensions will be granted. (Motions due by 4/6/2015.) (Responses due by 4/21/2015.) (Replies due by 4/28/2015.) (Signed by Judge Valerie E. Caproni on 3/11/2015) (spo) (Entered: 03/11/2015) |
| 03/12/2015 | Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 3/12/2015. Re: Discovery dispute. (Brantley, Michael) (Entered: 03/12/2015) | |
| 03/13/2015 | 108 | LETTER addressed to Judge Valerie E. Caproni from John V. Golaszewski dated March 13, 2015 re: Expert Report and Testimony. Document filed by Lan Sang. (Attachments: # 1Exhibit A-B)(Golaszewski, John) (Entered: 03/13/2015) |
| 03/18/2015 | 109 | ORDER: By March 25, 2015, the parties shall submit briefs of no more than four pages on the question of whether, and if so to what extent, an attorney's directions to a testifying expert, who is required to produce a report pursuant to Fed. R. Civ. P. 26(a)(2)(B), regarding the scope of the data the expert should consider when formulating his or her opinion (e.g., whether to exclude consideration of certain information; whether information from certain sources but not others should be considered) are subject to the work product carve- out provisions of Fed. R. Civ. P. 26(b)(4)(c). (Signed by Judge Valerie E. Caproni on 3/18/2015) (spo) (Entered: 03/18/2015) |
| 03/18/2015 | Set/Reset Deadlines: Brief due by 3/25/2015. (spo) (Entered: 03/19/2015) | |
| 03/25/2015 | 110 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF Regarding Expert Testimony. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(Rieders, Lauren) Modified on 3/26/2015 (ka). (Entered: 03/25/2015) |
| 03/25/2015 | 111 | BRIEF Regarding Expert-Attorney Communications. Document filed by Lan Sang.(Golaszewski, John) (Entered: 03/25/2015) |
| 03/26/2015 | 112 | LETTER addressed to Judge Valerie E. Caproni from John V. Golaszewski dated March 26, 2015 re: Daubert Motions. Document filed by Lan Sang.(Golaszewski, John) (Entered: 03/26/2015) |
| 03/27/2015 | 113 | MEMO ENDORSEMENT on re: 112 Letter regarding Daubert Motions, filed by Lan Sang. ENDORSEMENT: Application GRANTED. The parties' Daubert motions shall be due April 10, 2015. Opposition briefs shall be due April 30, 2015. Reply briefs shall be due May 11, 2015. (Motions due by 4/10/2015.) (Reply to Response to Brief due by 5/11/2015.) (Responses to Brief due by 4/30/2015.) (Signed by Judge Valerie E. Caproni on 3/27/2015) (spo) (Entered: 03/27/2015) |
| 03/27/2015 | 114 | ORDER: The parties are directed to meet and confer as to whether Dr. Xu may answer Plaintiff's questions through a sworn affidavit, or whether an additional day of deposition testimony will be necessary. The parties are reminded that any further discovery disputes should be resolved in accordance with the Court's Individual Practices. (Signed by Judge Valerie E. Caproni on 3/27/2015) (spo) (Entered: 03/27/2015) |
| 03/31/2015 | 115 | LETTER MOTION for Leave to File Excess Pages addressed to Judge Valerie E. Caproni from Dianna D. McCarthy dated March 31, 2015. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 03/31/2015) |
| 04/01/2015 | 116 | ORDER denying 115 LETTER MOTION for Leave to File Excess Pages addressed to Judge Valerie E. Caproni from Dianna D. McCarthy dated March 31, 2015. Document filed by Ming Hai, Law Office of Ming Hai, P.C. Application denied. So ordered. (Signed by Judge Valerie E. Caproni on 4/1/2015) (rjm) (Entered: 04/02/2015) |
| 04/06/2015 | 117 | MOTION for Summary Judgment . Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 04/06/2015) |
| 04/06/2015 | 118 | MEMORANDUM OF LAW in Support re: 117 MOTION for Summary Judgment . . Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 04/06/2015) |
| 04/06/2015 | 119 | RULE 56.1 STATEMENT. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Exhibit Exhibits A-G, # 2 Exhibit Exhibits H-M, # 3 Exhibit Exhibits N-R, #4 Exhibit Exhibits S-W, # 5 Exhibit Exhibits X-BB, # 6 Exhibit Exhibits CC-II)(McCarthy, Dianna) (Entered: 04/06/2015) |
| 04/06/2015 | 120 | NOTICE OF APPEARANCE by Ming Hai on behalf of Law Office of Ming Hai, P.C.. (Hai, Ming) (Entered: 04/06/2015) |
| 04/06/2015 | 121 | DECLARATION of Ming Hai in Support re: 117 MOTION for Summary Judgment .. Document filed by Ming Hai. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service)(Hai, Ming) (Entered: 04/06/2015) |
| 04/10/2015 | 122 | NOTICE OF APPEARANCE by Heidi Megan Gootnick on behalf of Ming Hai, Law Office of Ming Hai, P.C.. (Gootnick, Heidi) (Entered: 04/10/2015) |
| 04/10/2015 | 123 | MOTION to Preclude the Expert Testimony of Dr. Janice Xu, Ph.D.. Document filed by Lan Sang.(Golaszewski, John) (Entered: 04/10/2015) |
| 04/10/2015 | 124 | MEMORANDUM OF LAW in Support re: 123 MOTION to Preclude the Expert Testimony of Dr. Janice Xu, Ph.D.. . Document filed by Lan Sang. (Golaszewski, John) (Entered: 04/10/2015) |
| 04/10/2015 | 125 | DECLARATION of John V. Golaszewski, Esq. in Support re: 123 MOTION to Preclude the Expert Testimony of Dr. Janice Xu, Ph.D... Document filed by Lan Sang. (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Golaszewski, John) (Entered: 04/10/2015) |
| 04/10/2015 | 126 | FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of John V. Golaszewski, Esq. in Support re: 123 MOTION to Preclude the Expert Testimony of Dr. Janice Xu, Ph.D... Document filed by Lan Sang. (Attachments: # 1 Exhibit E (Part 1 of 3))(Golaszewski, John) Modified on 4/13/2015 (db). (Entered: 04/10/2015) |
| 04/10/2015 | 127 | MOTION to Preclude Expert Testimony of Stan V. Smith, Ph.D.. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 04/10/2015) |
| 04/10/2015 | 128 | MEMORANDUM OF LAW in Support re: 127 MOTION to Preclude Expert Testimony of Stan V. Smith, Ph.D.. . Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 04/10/2015) |
| 04/10/2015 | 129 | DECLARATION of Dianna D. McCarthy in Support re: 127 MOTION to Preclude Expert Testimony of Stan V. Smith, Ph.D... Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Exhibit Exhibits A-F, # 2 Exhibit Exhibit G, # 3 Exhibit Exhibit H, # 4 Exhibit Exhibits I-N, # 5 Exhibit Exhibits O-P, # 6 Exhibit Exhibits Q-R, # 7 Exhibit Exhibits S-U)(McCarthy, Dianna) (Entered: 04/10/2015) |
| 04/17/2015 | 130 | FIRST LETTER MOTION for Extension of Time addressed to Judge Valerie E. Caproni from Allan Schiller dated 04/17/2015. Document filed by Lan Sang.(Schiller, Allan) (Entered: 04/17/2015) |
| 04/17/2015 | 131 | ORDER granting 130 Letter Motion for Extension of Time. Application GRANTED. Plaintiff's deadline to oppose Defendants' Motion for Summary Judgment shall be extended to April 24, 2015. Defendants' deadline to file any reply in further support of its Motion for Summary Judgment shall be extended to May 1, 2015. (Signed by Judge Valerie E. Caproni on 4/17/2015) (spo) (Entered: 04/20/2015) |
| 04/17/2015 | Set/Reset Deadlines as to 117 MOTION for Summary Judgment. Responses due by 4/24/2015. Replies due by 5/1/2015. (spo) (Entered: 04/20/2015) | |
| 04/24/2015 | 132 | MEMORANDUM OF LAW in Opposition re: 117 MOTION for Summary Judgment . . Document filed by Lan Sang. (Golaszewski, John) (Entered: 04/24/2015) |
| 04/24/2015 | 133 | DECLARATION of John V. Golaszewski, Esq. in Opposition re: 117 MOTION for Summary Judgment .. Document filed by Lan Sang. (Attachments: # 1 Exhibit A-D)(Golaszewski, John) (Entered: 04/24/2015) |
| 04/24/2015 | 134 | COUNTER STATEMENT TO 119 Rule 56.1 Statement,. Document filed by Lan Sang. (Golaszewski, John) (Entered: 04/24/2015) |
| 04/30/2015 | 135 | DECLARATION of Dianna D. McCarthy in Opposition re: 123 MOTION to Preclude the Expert Testimony of Dr. Janice Xu, Ph.D... Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(McCarthy, Dianna) (Entered: 04/30/2015) |
| 04/30/2015 | 136 | FIRST MEMORANDUM OF LAW in Opposition re: 123 MOTION to Preclude the Expert Testimony of Dr. Janice Xu, Ph.D.. . Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 04/30/2015) |
| 04/30/2015 | 137 | AFFIRMATION of Janice Xu in Opposition re: 123 MOTION to Preclude the Expert Testimony of Dr. Janice Xu, Ph.D... Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 04/30/2015) |
| 04/30/2015 | 138 | CERTIFICATE OF SERVICE of Declaration of Dianna D. McCarthy and accompanying exhibits, Memorandum of Law in Opposition, Declaration of Janice Xu served on Allan Schiller on April 30, 2015. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 04/30/2015) |
| 04/30/2015 | 139 | DECLARATION of John V. Golaszewski, Esq. in Opposition re: 127 MOTION to Preclude Expert Testimony of Stan V. Smith, Ph.D... Document filed by Lan Sang. (Attachments: # 1Exhibit A, # 2 Exhibit B)(Golaszewski, John) (Entered: 04/30/2015) |
| 04/30/2015 | 140 | DECLARATION of Stan V. Smith, Ph.D. in Opposition re: 127 MOTION to Preclude Expert Testimony of Stan V. Smith, Ph.D... Document filed by Lan Sang. (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Errata D)(Golaszewski, John) (Entered: 04/30/2015) |
| 04/30/2015 | 141 | MEMORANDUM OF LAW in Opposition re: 127 MOTION to Preclude Expert Testimony of Stan V. Smith, Ph.D.. . Document filed by Lan Sang. (Golaszewski, John) (Entered: 04/30/2015) |
| 05/01/2015 | 142 | DECLARATION of Dianna D. McCarthy in Support re: 117 MOTION for Summary Judgment .. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1Exhibit 1, # 2 Certificate of Service)(McCarthy, Dianna) (Entered: 05/01/2015) |
| 05/01/2015 | 143 | REPLY MEMORANDUM OF LAW in Support re: 117 MOTION for Summary Judgment . . Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 05/01/2015) |
| 05/01/2015 | 144 | DECLARATION of Dianna D. McCarthy in Support re: 117 MOTION for Summary Judgment .. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1Exhibit A-G, # 2 Exhibit H-M, # 3 Exhibit N-R, # 4 Exhibit S-W, # 5 Exhibit X-BB, # 6 Exhibit CC-II, # 7 Certificate of Service)(McCarthy, Dianna) (Entered: 05/01/2015) |
| 05/01/2015 | 145 | REPLY to Response to Motion re: 117 MOTION for Summary Judgment . . Document filed by Ming Hai. (Attachments: # 1 Exhibit A, # 2 Exhibit Certificate of Service)(Hai, Ming) (Entered: 05/01/2015) |
| 05/11/2015 | 146 | REPLY AFFIRMATION of Dianna D. McCarthy in Support re: 127 MOTION to Preclude Expert Testimony of Stan V. Smith, Ph.D... Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(McCarthy, Dianna) (Entered: 05/11/2015) |
| 05/11/2015 | 147 | REPLY MEMORANDUM OF LAW in Support re: 127 MOTION to Preclude Expert Testimony of Stan V. Smith, Ph.D.. . Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 05/11/2015) |
| 05/11/2015 | 148 | CERTIFICATE OF SERVICE of Reply Declaration and Reply Memorandum of Law served on Allan Schiller on May 11, 2015. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (McCarthy, Dianna) (Entered: 05/11/2015) |
| 05/11/2015 | 149 | REPLY AFFIDAVIT of Ming Hai in Support re: 127 MOTION to Preclude Expert Testimony of Stan V. Smith, Ph.D... Document filed by Ming Hai. (Attachments: # 1 Certificate of Service)(Hai, Ming) (Entered: 05/11/2015) |
| 05/11/2015 | 150 | REPLY MEMORANDUM OF LAW in Support re: 123 MOTION to Preclude the Expert Testimony of Dr. Janice Xu, Ph.D.. . Document filed by Lan Sang. (Golaszewski, John) (Entered: 05/11/2015) |
| 05/11/2015 | 151 | DECLARATION of John V. Golaszewski, Esq. in Support re: 123 MOTION to Preclude the Expert Testimony of Dr. Janice Xu, Ph.D... Document filed by Lan Sang. (Attachments: # 1Exhibit Exhibit A)(Golaszewski, John) (Entered: 05/11/2015) |
| 05/19/2015 | 152 | ORDER: 1. Counsel for Plaintiff and Defendants shall appear before the Court on Thursday, May 28, 2015 at 10:30 a.m. for oral arguments on the parties pending motions. 2. The deadline for both parties to file any motions in limine shall be adjourned to June 12, 2015. The deadline to file any briefs in opposition to motions in limine shall be adjourned to June 19, 2015. (Motions due by 6/12/2015.) (Responses due by 6/19/2015.) (Oral Argument set for 5/28/2015 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/19/2015) (spo) (Entered: 05/19/2015) |
| 05/28/2015 | Minute Entry for proceedings held before Judge Valerie E. Caproni: Oral Argument held on 5/28/2015 re: MOTION for Summary Judgment; MOTION to Preclude Expert Testimony of Stan V. Smith, Ph.D.filed by Law Office of Ming Hai, P.C., Ming Hai; MOTION to Preclude the Expert Testimony of Dr. Janice Xu, Ph.D. filed by Lan Sang. Court's decision rendered from the bench (see order). (Court Reporter Raquel Robles) (Brantley, Michael) (Entered: 05/28/2015) | |
| 06/01/2015 | 153 | ORDER granting in part and denying in part 117 Motion for Summary Judgment; granting 123 Motion to Preclude; granting 127 Motion to Preclude. 1. For the reasons stated on the record, Defendants' Motion for Summary Judgment is DENIED with respect to Plaintiff's defamation claims concerning Statements 1-4, and Statement 6. Defendants' Motion for Summary Judgment is GRANTED with respect to the second sentence in Statement 5 ("She also accused me of misleading her."). Defendants' Motion for Summary Judgment is DENIED with respect to Plaintiff's invasion of privacy claim. 2. Regarding Statement 5 ("Lan Sang has defaulted on her rent and stole the keys."), with respect to which the Court reserved judgment at the close of oral arguments, Defendants' Motion for Summary Judgment is DENIED. Defendants argue that this statement cannot survive summary judgment because it is "substantially true," and therefore "Plaintiff cannot meet her burden to prove 'falsity'... let alone 'actual malice.'" Defs.' Mem. at 7. While Defendants have a colorable argument that a reasonable juror could not conclude that the statements are false, the sting of the statement is the accusation of theft. Just because the keys were not returned does not mean that they were stolen. Accordingly, there is at least a question of fact relative to the falsity of the statement regarding keys. Similarly, whether Plaintiff "defaulted" on her rent depends on whether there was any understanding between the parties regarding Plaintiff's ability to offset payments for upkeep on the house against her rent obligations. Because that is a question of fact that was not addressed by the parties, Defendants motion for summary judgment as to these statements must be denied. The Court notes, however, that for purposes of trial, even if the Plaintiff can persuade the trier of fact that the statements are false, Plaintiff must present more than just evidence that Hai generally harbored ill-will towards her in order to satisfy her burden of proof in establishing actual malice with respect to this statement. 3. As stated at the conclusion of oral arguments, both Plaintiff's and Defendants' Daubert Motions are GRANTED. A formal opinion on the parties' Daubert Motions shall be forthcoming. 4. The Clerk of Court is respectfully requested to terminate the open motions at docket entries 117, 123 and 127. (Signed by Judge Valerie E. Caproni on 6/1/2015) (spo) (Entered: 06/01/2015) |
| 06/01/2015 | 154 | LETTER addressed to Judge Valerie E. Caproni from John V. Golaszewski dated June 1, 2015 re: Mediation. Document filed by Lan Sang.(Schiller, Allan) (Entered: 06/01/2015) |
| 06/02/2015 | 155 | MEMO ENDORSEMENT on re: 154 Letter requesting mediation, filed by Lan Sang. ENDORSEMENT: Application GRANTED. This matter shall be referred to Magistrate Judge Freeman for settlement. Within one week after the completion of the settlement conference, the parties shall submit a joint letter notifying the Court whether settlement efforts were successful. (Signed by Judge Valerie E. Caproni on 6/2/2015) (spo) (Entered: 06/02/2015) |
| 06/04/2015 | 156 | TRANSCRIPT of Proceedings re: conference held on 5/28/2015 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2015. Redacted Transcript Deadline set for 7/9/2015. Release of Transcript Restriction set for 9/8/2015.(McGuirk, Kelly) (Entered: 06/04/2015) |
| 06/04/2015 | 157 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/28/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/04/2015) |
| 06/08/2015 | Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 6/8/2015. Telephone conference scheduled for 6/9/15 at 2:00 p.m. (aba) (Entered: 06/11/2015) | |
| 06/09/2015 | 158 | LETTER addressed to Magistrate Judge Debra C. Freeman from John V. Golaszewski, Esq. dated June 9, 2015 re: Electronic Devices. Document filed by Lan Sang. (Attachments: # 1Text of Proposed Order Proposed Order re Electronic Devices)(Golaszewski, John) (Entered: 06/09/2015) |
| 06/09/2015 | Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 6/9/2015. Settlement conference scheduled for 6/10/15 at 10:00 a.m. (aba) (Entered: 06/11/2015) | |
| 06/10/2015 | 159 | ORDER: The parties' deadline for filing any Motions in Limine shall be extended to June 15, 2015. The deadline for filing briefs in opposition to any Motions in Limine shall be extended to June 22, 2015. (Motions due by 6/15/2015.) (Responses due by 6/22/2015.) (Signed by Judge Valerie E. Caproni on 6/10/2015) (spo) (Entered: 06/10/2015) |
| 06/10/2015 | Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 6/10/2015. Telephone conference scheduled for 6/11/15 at 5:00 p.m. (aba) (Entered: 06/11/2015) | |
| 06/11/2015 | 160 | LETTER addressed to Judge Valerie E. Caproni from Dianna D. McCarthy dated June 11, 2015 re: Requesting extension for Motion in Limine. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 06/11/2015) |
| 06/11/2015 | Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 6/11/2015. Telephone conference scheduled for 6/16/15 at 3:30 p.m. (aba) (Entered: 06/11/2015) | |
| 06/12/2015 | 161 | MEMO ENDORSEMENT on re: 160 Letter requesting extension for Motion in Limine, filed by Law Office of Ming Hai, P.C., Ming Hai. ENDORSEMENT: The parties' pretrial deadlines shall be revised as follows: The Joint Pretrial Order shall be due June 22, 2015. Motions in Limine shall be due June 29, 2015. Responses to Motions in Limine shall be due July 6, 2015. No further extensions will be granted. (Motions due by 6/29/2015.) (Pretrial Order due by 6/22/2015.) (Responses due by 7/6/2015.) (Signed by Judge Valerie E. Caproni on 6/12/2015) (spo) (Entered: 06/12/2015) |
| 06/19/2015 | 162 | SECOND LETTER MOTION for Extension of Time Joint Pretrial Order addressed to Judge Valerie E. Caproni from Dianna D. McCarthy dated June 19, 2015. Document filed by Ming Hai, Law Office of Ming Hai, P.C..(McCarthy, Dianna) (Entered: 06/19/2015) |
| 06/22/2015 | 163 | ORDER granting 162 Letter Motion for Extension of Time. Application GRANTED. The parties' deadline to submit a Joint Pretrial Order shall be adjourned to June 24, 2015. No further extensions will be granted. (Pretrial Order due by 6/24/2015.) (Signed by Judge Valerie E. Caproni on 6/22/2015) (spo) (Entered: 06/22/2015) |
| 06/25/2015 | 164 | LETTER addressed to Judge Valerie E. Caproni from Dianna D. McCarthy dated 06/25/2015 re: Settlement Agreement. Document filed by Ming Hai, Law Office of Ming Hai, P.C.. (Attachments: # 1 Exhibit Consent to Proceed before US Magistrate Judge)(McCarthy, Dianna) (Entered: 06/25/2015) |
| 06/25/2015 | 165 | MEMO ENDORSEMENT on re: 164 Letter Settlement Agreement, filed by Law Office of Ming Hai, P.C., Ming Hai. ENDORSEMENT: Application GRANTED. All pending motions and deadlines in this action shall be terminated, and the trial scheduled to begin on July 13, 2015 shall be cancelled. By separate Order, this action shall be referred to Magistrate Judge Freeman for all purposes pursuant to 28 U.S.C. § 636(c). (Signed by Judge Valerie E. Caproni on 6/25/2015) (spo) (Entered: 06/25/2015) |
| 06/25/2015 | 166 | ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for all purposes (including trial). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Valerie E. Caproni on 6/25/2015) (kgo) (Entered: 06/25/2015) |
发表评论 评论 (7 个评论)
- 回复 岳东晓
- 海明虽然学艺不精，但轮到他人给他指点，他还是明白美国法律的厉害的。
漠孤烟: 海明的问题不仅是学艺不精，主要是缺乏基本职业操守～
他到处出血以保住执照的作法还不算太笨。
看了海明的律师写的那封信，说是他跟桑兰的和解条件非常“敏感”。估计很些难言的屈服。想想桑兰打得这么辛苦，轮到就要庭审了和解，没有一点利益，是不会接受的。
海明过于轻视桑黄了，把人家当刘姥姥。没想到培养出了黄非律。 
- 回复 漠孤烟
- 我觉得在这案子上，钱应该不属于“敏感”条件。而他当初为什么要放了保险公司，很值的怀疑。
岳东晓: 海明虽然学艺不精，但轮到他人给他指点，他还是明白美国法律的厉害的。
看了海明的律师写的那封信，说是他跟桑兰的和解条件非常“敏感”。估计很些难言的屈服。 ...
