一个案子， Worcester v. Gerogia ，我指出其 holding 是【 印第安人有一定的自主权、不容州政府侵犯。。。 这个案子的更为广泛的holding是其关于印第安部落自主权不容州侵犯及其与联邦的关系的法律结论。以后乔治亚或者其他州制订新的企图管辖印第安部落的法律，按照这个 holding, 这些新法律也是无效的、违宪的。】我还举了好几个后续案例说明这一点（后续案例引用用 held 一词）。而且根据HOLDING的定义做了分析。 对此，LAO 律师写了一篇长文，说《 揭示岳东晓博士对1832年传道士案论述的谬误（2） 》。LAO说这个案子的 holding是【 传教士案件判决法 (holding): Georgia 要求白人申请在切诺基部落居住执照法律违宪无效。 (“The act of the state of Georgia, under which the plaintiff in error was prosecuted, is consequently void, and the judgment a nullity.” 】 LAO还称：【 其他和判决和判决法不相关的都是 论证语 (dictum), 没有任何判决执行法律性 , 不构成任何先例法律性，高级法院后来的案例中称这是法官 Marshall 的陈述，或者观点， 包括最著名的 “ 切诺基部落国是个独特的群体，有自己的领地和邦界， 州政府对部落国的法律无法律效力。】 读懂案例，明白哪些是 HOLDING 对于律师来说是最基本的能力。因为 HOLDING 才是有法律效力的。诉讼中如果分不清HOLDING，等于盲人夜行。 但我再怎么说，读者还是疑惑。为此，我昨天给哈佛大学法学院一位教授（他写过关于印第安人的这些案例的评论）发了个EMAIL，特意请教 WORCESTER案的HOLDING是什么。他今天回答到： 翻译如下：其基本的HOLDING是乔治亚的法律不能延伸到切诺基部落国，因为关系是部落-联邦，而不是部落-州。 教授的姓名我就不写了（尚未征求其许可），如果有兴趣的，可以去问问其他法学教授。 下面是若干法院谈到WORCESTER案的HOLDING时的说法： Blatchford v. Native Village of Noatak, 501 US 775 （1991） Illustrative of this principle are our cases holding that the law of the State is generally inapplicable to Native American affairs, absent the consent of Congress. See, e. g., Worcester v. Georgia, 6 Pet. 515 (1832). Chief Justice Marshall explained for the Court in Worcester that a federally recognized tribe quot;is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of can have no force, and which the citizens of have no right to enter, but with the assent of the themselves, or in conformity with treaties, and with the acts of Congress. The whole intercourse between the United States and this nation, is, by our Constitution and laws, vested in the government of the United States.quot; Id., at 561. United States v. Kagama, 118 US 375（1886） In the case of Worcester v. The State of Georgia, above cited, it was held that, though the Indians had by treaty sold their land within that State, and agreed to remove away, which they had failed to do, the State could not, while they remained on those lands, extend its laws, criminal and civil, over the tribes; that the duty and power to compel their removal was in the United States, and the tribe was under their protection, and could not be subjected to the laws of the State and the process of its courts. In re Colwash, 356 P. 2d 994 - Wash: Supreme Court 1960 I shall not repeat here what I there said concerning theconstitutional basis of that power, or the holding in Worcester v. Georgia (1832), 31 U.S. 515, 8 L.Ed. 483, where Chief Justice Marshall stated the source of that power in two sentences (p. 559): quot;That instrument confers on congress the powers of war and peace; of making treaties, and of regulating commerce with foreign nations, and among the several states, and with the Indian tribes. These powers comprehend all that is required for the regulation of our intercourse with the Indians....quot; Oneida Tribe of Indians of Wis. v. State of Wis., 518 F. Supp. 712 In a case holding that the State of Georgia could not enforce its laws on the Cherokee Reservation, which was within the external boundaries of the state, the Supreme Court held: The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force... The whole intercourse between the United States and this nation is, by our Constitution and laws, vested in the government of the United States. Worcester v. State of Georgia, 31 U.S. (6 Pet.) 515, 561, 8 L.Ed. 483 (1832). Nevada v. Hicks, 533 US 353 Our holding in Worcester must be considered in light of the fact that quot; he 1828 treaty with the Cherokee Nation . . . guaranteed the Indians their lands would never be subjected to the jurisdiction of any State or Territory.quot; Organized Village of Kake v. Egan, 369 U. S. 60, 71 (1962); cf. Williams v. Lee, 358 U. S., at 221-222 (comparing Navajo treaty to the Cherokee treaty in Worcester ). http://sct.narf.org/articles/supreme_court_indian_problem_fletcher_2007.pdf The final piece of the Trilogy is Worcester, where Chief Justice Marshall’s opinion garnered a 5-1 majority holding that the laws of the State of Georgia do not extend into Indian Country where they conflict with federal laws or Indian treaties.
刚看了一下桑兰案案卷，发现案子复活了。有下面几个新的变化。 1）被告KS LIU与 GINA LIU 换了律师，莫虎被 terminated, 换成了 Dealy Silberstein Braverman , LLP 的几个律师。这个律师事务所总共有7名律师。根据其介绍，主要是从事雇佣关系、遗产信托等领域的诉讼。桑兰案主打律师徐也在要求退出。桑兰的新律师来自Schiller Law Group PC， Orans, Elsen, Lupert Brown LLP 等（洋人）。在雇佣“洋枪队”方面，桑兰走在被告之前。不过，之前海明造成的损伤恐怕是无法逆转了 -- 尽管在桑兰对海明的战役中，海明最终屈服。 2）主审法官采纳了副法官之前就 Rule 37 （取证违规）对原告作出的处罚。这个事件之前有介绍的。早在2015年2月，副法官裁决判罚原告桑兰，原因是桑兰未能如约接受录口供。本来这个事情副法官说了就可以算数的（因为这不属于 dispositive 动议），但桑兰请求主审法官重新考虑。这一考虑，加上中间的一些变故，竟然拖到了一年后的今天。 此案过去很长时间在美国联邦法庭这样严肃庄重的场所上互掷泥巴相攻，极大地损害了纽约华人的形象。 希望新人新气象。 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: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question Plaintiff Sang Lan representedby X. 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 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 Brian Patrick Fredericks Law Office of Brian P. Fredericks, PC 39-07 Prince St., 6E Flushing, NY 11354 (718) 889-6188 Fax: (718) 353-7188 Email: brian@frederickslawpc.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: jvgolaszewski@gmail.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 TERMINATED: 10/31/2011 ATTORNEY TO BE NOTICED V. Movant former attorney Ming Hai former attorney for plaintiff TERMINATED: 11/20/2012 representedby Ming 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 Wilson Xue TERMINATED: 06/17/2011 representedby Hugh 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: hhmo8@verizon.net ATTORNEY TO BE NOTICED Defendant Hugh Mo TERMINATED: 11/20/2012 representedby Hugh 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 Winston Sie TERMINATED: 06/28/2011 representedby Hugh Hu Mo (See above for address) Defendant Time Warner, Inc. TERMINATED: 02/25/2014 representedby James 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 representedby Milo Silberstein Dealy Silberstein Braverman, LLP 225 Broadway, Suite 1405 New York, NY 10007 (212) 385-0066 Fax: (212) 385-2117 Email: msilberstein@dsblawny.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Hugh Hu Mo (See above for address) TERMINATED: 01/27/2016 Maria Louisa Bianco Dealy Silberstein Braverman, LLP 225 Broadway, Suite 1405 New York, NY 10007 (212)-385-0066 Email: mbianco@dsblawny.com ATTORNEY TO BE NOTICED Pedro Medina , Jr The Law Firm of Hugh H. Mo, P.C. 225 Broadway, Suite 2702 New York, NY 10007 212-385-1500 Fax: 212-385-1500 Email: pemedina@verizon.net TERMINATED: 01/27/2016 Defendant Gina Hiu-Hung Liu individually also known as Hui-Hung Sie also known as Gina Liu representedby Milo Silberstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Hugh Hu Mo (See above for address) TERMINATED: 01/27/2016 Maria Louisa Bianco (See above for address) ATTORNEY TO BE NOTICED Pedro Medina , Jr (See above for address) TERMINATED: 01/27/2016 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 representedby Milo Silberstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Hugh Hu Mo (See above for address) TERMINATED: 01/27/2016 Maria Louisa Bianco (See above for address) ATTORNEY TO BE NOTICED Pedro Medina , Jr (See above for address) TERMINATED: 01/27/2016 Defendant Hugh Hu Mo representedby Hugh 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 04/28/2011 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. (Filing Fee $ 350.00, Receipt Number 465401005294)Document filed by Sang Lan.(rdz) (nd). (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) 05/13/2011 2 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 4 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) (nd). (Entered: 05/17/2011) 05/17/2011 3 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) 05/20/2011 5 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) 05/20/2011 6 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) 05/24/2011 7 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) 05/27/2011 8 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of Hugh Mo (Mo, Hugh) (Entered: 05/27/2011) 06/02/2011 9 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) 06/02/2011 10 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) 06/06/2011 11 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) 06/06/2011 12 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) 06/06/2011 13 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) 06/06/2011 14 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) 06/06/2011 15 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) 06/08/2011 16 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) 06/08/2011 17 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) 06/09/2011 18 FIRST MOTION to Amend/Correct Amended Complaint . Document filed by Sang Lan.(Hai, Ming) (Entered: 06/09/2011) 06/09/2011 19 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) 06/14/2011 20 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) 06/15/2011 21 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) 06/16/2011 22 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) 06/16/2011 23 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) 06/16/2011 24 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) 06/16/2011 25 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of K.S. Gina Hiu-Hung (Mo, Hugh) (Entered: 06/16/2011) 06/16/2011 26 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of K.S. Liu (Mo, Hugh) (Entered: 06/16/2011) 06/16/2011 27 NOTICE OF APPEARANCE by Hugh Hu Mo on behalf of Wilson Xue (Mo, Hugh) (Entered: 06/16/2011) 06/17/2011 32 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) (Additional attachment(s) added on 5/7/2014: # 1 Exhibit) (nd). (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) 06/19/2011 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) 06/19/2011 29 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) 06/19/2011 30 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) 06/19/2011 31 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) 06/23/2011 33 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) 06/24/2011 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) 06/24/2011 35 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) 06/24/2011 36 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) 06/24/2011 37 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) 06/27/2011 38 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) 06/28/2011 39 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) 06/28/2011 40 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) 06/29/2011 41 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) 07/06/2011 42 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) 07/06/2011 43 SECOND MOTION to Amend/Correct 32 Amended Complaint,. Document filed by Sang Lan.(Hai, Ming) (Entered: 07/06/2011) 07/06/2011 44 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) 07/08/2011 45 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) 07/11/2011 46 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) 07/12/2011 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) 07/12/2011 48 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) 07/12/2011 49 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) 07/12/2011 50 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) 07/13/2011 51 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) 07/18/2011 52 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) 07/18/2011 53 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) 07/19/2011 54 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) 07/22/2011 55 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) 07/22/2011 56 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) 07/25/2011 57 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) 07/25/2011 58 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) 07/28/2011 59 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) 07/28/2011 60 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) 07/29/2011 61 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) 07/29/2011 62 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) 07/29/2011 63 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) 08/05/2011 64 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) 08/05/2011 65 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) 08/05/2011 66 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) 08/05/2011 67 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) 08/05/2011 68 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) 08/05/2011 69 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) 08/08/2011 70 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) 08/08/2011 71 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) 08/08/2011 72 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) 08/31/2011 73 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) 08/31/2011 74 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) 08/31/2011 75 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) 09/01/2011 76 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) 09/08/2011 77 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) 09/19/2011 78 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) 10/12/2011 79 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) 10/31/2011 80 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) 11/21/2011 81 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 RR due by 12/8/2011 (Signed by Magistrate Judge James C. Francis on 11/21/2011) (ft) (Entered: 11/21/2011) 11/21/2011 106 INTERNET CITATION NOTE: Material from decision with Internet citation re: 81 Report and Recommendations. (tro) (Entered: 05/31/2012) 12/05/2011 82 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) 12/08/2011 83 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) 12/14/2011 84 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 RR due by 1/31/2012) (Signed by Judge Leonard B. Sand on 12/14/2011) (ft) (Entered: 12/15/2011) 12/15/2011 85 NOTICE OF APPEARANCE by X. Bing Xu on behalf of Sang Lan (Xu, X. Bing) (Entered: 12/15/2011) 12/15/2011 86 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 12/15/2011) 01/23/2012 87 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) 01/24/2012 88 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) 01/24/2012 89 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) 01/24/2012 90 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) 01/24/2012 91 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) 01/24/2012 92 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) 01/25/2012 93 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) 01/26/2012 94 RESPONSE re: 81 Report and Recommendations,,,,, 84 Order, Set Motion and RR Deadlines/Hearings,,,,,,. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 01/26/2012) 02/03/2012 95 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) 03/02/2012 96 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) 03/06/2012 97 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) 05/09/2012 98 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 RR is affirmed. (Signed by Judge Leonard B. Sand on 5/9/2012) (jfe) (Entered: 05/09/2012) 05/10/2012 99 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) 05/11/2012 100 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) 05/11/2012 101 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) 05/14/2012 102 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) 05/14/2012 103 MOTION to Set Aside 96 Stipulation and Order of Dismissal,,,. Document filed by Ming Hai.(Hai, Ming) (Entered: 05/14/2012) 05/14/2012 104 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) 05/29/2012 105 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) 06/05/2012 107 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) 06/29/2012 108 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) 06/29/2012 109 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) 07/03/2012 110 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) 07/12/2012 111 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) 07/25/2012 112 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) 08/13/2012 113 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 RR 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) 08/27/2012 114 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) 10/05/2012 115 MOTION to Add Party(ies) Time Warner, Inc.. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 10/05/2012) 10/05/2012 116 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) 11/05/2012 118 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) 11/20/2012 119 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) 12/06/2012 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. Document filed by Time Warner, Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order)(Bakowski, Alan) (Entered: 12/06/2012) 12/06/2012 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. 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) 12/10/2012 122 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) 12/10/2012 123 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) 12/12/2012 124 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) 12/14/2012 125 WAIVER OF SERVICE RETURNED EXECUTED. All Plaintiffs. Document filed by Time Warner, Inc.. (Xu, X. Bing) (Entered: 12/14/2012) 12/14/2012 126 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Time Warner, Inc..(Bakowski, Alan) (Entered: 12/14/2012) 12/14/2012 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.. Responses due by 1/30/2013(Bakowski, Alan) (Entered: 12/14/2012) 12/14/2012 128 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) 12/14/2012 129 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) 12/27/2012 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. Responses due by 1/30/2013 (Attachments: # 1 Exhibit Letter Requesting Oral Argument)(Mo, Hugh) (Entered: 12/27/2012) 12/27/2012 131 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) 12/27/2012 132 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) 12/27/2012 133 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) 01/29/2013 134 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) 02/15/2013 135 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) 02/15/2013 136 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) 03/01/2013 137 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) 03/01/2013 138 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) 03/01/2013 139 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) 04/19/2013 140 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 RR 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) 04/30/2013 141 MEMORANDUM AND ORDER: ADOPTING REPORT AND RECOMMENDATIONS for 81 Report and Recommendations; 103 Motion to Set Aside filed by Ming Hai. Having reviewed the RR and Hai's objections thereto, we adopt the RR and deny Hai's motion. Any other argument made by Hai is meritless. There are no clear errors in the parts of the RR to which Hai did not object. For the reasons set forth herein, we adopt Judge Francis's RR 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) 05/02/2013 142 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 RR due by 6/5/2013) (Signed by Judge Leonard B. Sand on 5/2/2013) (ja) (Entered: 05/02/2013) 05/17/2013 143 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Leonard B. Sand is no longer assigned to the case. (pgu) (Entered: 05/17/2013) 05/21/2013 144 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Analisa Torres is no longer assigned to the case. (pgu) (Entered: 05/21/2013) 05/22/2013 145 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Loretta A. Preska is no longer assigned to the case. (pgu) (Entered: 05/22/2013) 06/05/2013 146 OBJECTION to 140 Report and Recommendations Document filed by Sang Lan. (Xu, X. Bing) (Entered: 06/05/2013) 06/24/2013 147 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) 08/09/2013 148 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) 02/25/2014 149 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' RR is AFFIRMED. Adopting in part 140 Report and Recommendations. (Signed by Judge Analisa Torres on 2/25/2014) (rjm) (Entered: 02/26/2014) 03/12/2014 150 MOTION for Reconsideration re; 149 Order Adopting Report and Recommendations,. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 03/12/2014) 03/12/2014 151 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) 03/26/2014 152 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) 03/26/2014 153 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) 03/26/2014 154 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) 03/31/2014 155 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) 04/01/2014 156 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) 04/02/2014 157 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) 04/04/2014 158 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) 04/11/2014 159 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) 04/11/2014 160 ORDER. Plaintiff's motion is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 150. Denying 150 Motion for Reconsideration. (Signed by Judge Analisa Torres on 4/11/2014) (rjm) (Entered: 04/14/2014) 04/15/2014 161 ANSWER to 119 Amended Complaint, with JURY DEMAND. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 04/15/2014) 04/16/2014 162 CERTIFICATE OF SERVICE of Answer to Fourth Amended Complaint served on X. Bing Xu on April 15, 2014. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu, Hugh Mo. (Medina, Pedro) (Entered: 04/16/2014) 04/16/2014 163 ORDER denying 159 Letter Motion for Conference. No conference is necessary. Plaintiff's deposition shall precede the depositions of defendants. In light of the fact that plaintiff's counsel has indicated that his client has a medical emergency, plaintiff's counsel shall advise the Court by letter on the first and fifteenth of each month of the plaintiff's medical condition until such time as she is fully capable of participating in the case. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 04/16/2014) 05/05/2014 164 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from X. Bing Xu dated 4/30/2014 re: I spoke with Mr. Huang Jian (Sang Lan's Husband) on April 25 and 29, 2014 by telephone. Mr. Huang informed that Sang Lan's doctors have not released her from the Hospital because of complications, unhealed wounds and extreme fluctuations of blood pressures and "blood sugar" (I am told the medical term is Pathoglycemia). The doctors need to closely monitor her blood pressure and "blood sugar" to prevent serious complications. Apparently, the wounds are a problem, according to her doctors. There is no significant recovery and she cannot meaningfully participate in discovery at this time. ENDORSEMENT: In light of the information contained in the May 1, 2014 letter of defendants' counsel, third-hand information is no longer sufficient. Subsequent updates shall include documentation from plaintiff's physicians. (Signed by Magistrate Judge James C. Francis on 5/5/2014) (djc) (Entered: 05/05/2014) 05/06/2014 165 NOTICE OF INTERLOCUTORY APPEAL from 160 Order on Motion for Reconsideration, 149 Order Adopting Report and Recommendations,. Document filed by Sang Lan. Filing fee $ 505.00, receipt number 0208-9643718. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Xu, X. Bing) (Entered: 05/06/2014) 05/07/2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 165 Notice of Interlocutory Appeal,. (nd) (Entered: 05/07/2014) 05/07/2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 165 Notice of Interlocutory Appeal, filed by Sang Lan were transmitted to the U.S. Court of Appeals. (nd) (Entered: 05/07/2014) 05/13/2014 166 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas L. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9670084. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sang Lan.(Xu, X. Bing) Modified on 5/14/2014 (wb). (Entered: 05/13/2014) 05/14/2014 NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 166 MOTION for Thomas L. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9670084. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): Missing Certificate of Good Standing.Missing Proposed Order. Certificates of Good Standing Must be issued form the Suprme Court not the District Court with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days.Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (wb) (Entered: 05/14/2014) 05/14/2014 167 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Thomas L. Johnson to Appear Pro Hac Vice Corrected . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sang Lan. (Attachments: # 1 Exhibit Certificate of Goodstanding, # 2 Text of Proposed Order proposed order)(Xu, X. Bing) Modified on 5/14/2014 (wb). (Entered: 05/14/2014) 05/14/2014 NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 167 AMENDED MOTION for Thomas L. Johnson to Appear Pro Hac Vice Corrected . Motion and supporting papers to be reviewed by Clerk's Office staff. . Certificate of Good Standing Must be issued from the Supreme Court of Florida with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb) (Entered: 05/14/2014) 05/14/2014 168 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Protective Order Confidentiality as to Pre-Trial Materials . Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B1, # 4 Exhibit C, # 5 Exhibit D)(Xu, X. Bing) Modified on 5/15/2014 (db). (Entered: 05/14/2014) 05/14/2014 169 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 168 MOTION for Protective Order Confidentiality as to Pre-Trial Materials . . Document filed by Sang Lan. (Xu, X. Bing) Modified on 5/15/2014 (db). (Entered: 05/14/2014) 05/15/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney X. Bing Xu to RE-FILE Document 168 MOTION for Protective Order Confidentiality as to Pre-Trial Materials . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion WAS NOT FILED. (db) (Entered: 05/15/2014) 05/15/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney X. Bing Xu to RE-FILE Document 169 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db) (Entered: 05/15/2014) 05/15/2014 170 MOTION for Protective Order . Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B1, # 4 Exhibit C, # 5 Exhibit D)(Xu, X. Bing) (Entered: 05/15/2014) 05/15/2014 171 MEMORANDUM OF LAW in Support re: 170 MOTION for Protective Order . Confidentiality as to Pre-Trial Materials . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 05/15/2014) 05/20/2014 172 ORDER: Defendants shall answer the motion for a protective order by May 27, 2014; plaintiff shall reply by May 30, 2014. Defendants' request for a conference with respect to this issue is respectfully denied. Plaintiff's application to stay discovery and defer her deposition is denied. The medical documentation reveals that plaintiff "is allowed to accept media visitors under supervision by the doctor and special care medical staff." If plaintiff is capable of participating in media events, she is capable of participating in the litigation that she initiated. Counsel shall make arrangements for taking her deposition by videoconference, under supervision of the appropriate medical personnel. Set Deadlines/Hearing as to 170 MOTION for Protective Order : Responses due by 5/27/2014, Replies due by 5/30/2014. (Signed by Magistrate Judge James C. Francis on 5/20/2014) Copies Mailed By Chambers. (tn) (Entered: 05/20/2014) 05/22/2014 173 MOTION for Thomas L. Johnson to Appear Pro Hac Vice Corrected . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sang Lan. (Attachments: # 1 Exhibit Certificate of Goodstanding, # 2 Text of Proposed Order Order granting prohavic)(Xu, X. Bing) (Entered: 05/22/2014) 05/27/2014 NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 173 MOTION for Thomas L. Johnson to Appear Pro Hac Vice Corrected . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 05/27/2014) 05/27/2014 174 DECLARATION of Hugh H. Mo in Opposition re: 170 MOTION for Protective Order .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit April 30, 2014 Correspondence, # 2 Exhibit May 1, 2014 Correspondence, # 3 Exhibit Endorsed Letter, # 4 Exhibit May 8, 2014 Correspondence, # 5 Exhibit May 9, 2014 Correspondence, # 6 Exhibit May 9, 2014 Correspondence, # 7 Exhibit May 13, 2014 Correspondence, # 8 Exhibit May 14, 2014 Correspondence, # 9 Exhibit Press Conference Correspondence)(Medina, Pedro) (Entered: 05/27/2014) 05/27/2014 175 FIRST MEMORANDUM OF LAW in Opposition re: 170 MOTION for Protective Order . . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 05/27/2014) 05/28/2014 176 ORDER granting 173 Motion for Thomas L. Johnson to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 05/28/2014) 05/30/2014 177 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Plaintiff's Motion for a Protective Order and the Declaration of Hugh H. Mo served on X. Bing Xu on May 27, 2014. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 05/30/2014) 05/30/2014 178 REPLY MEMORANDUM OF LAW in Support re: 170 MOTION for Protective Order . . Document filed by Sang Lan. (Attachments: # 1 Exhibit A Plaintiff letter, # 2 Exhibit B Plaintiff letter, # 3 Exhibit C Plaintiff letter)(Xu, X. Bing) (Entered: 05/30/2014) 06/13/2014 179 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - THIRD LETTER MOTION for Conference re: 172 Order, Set Motion and RR Deadlines/Hearings, for an protective order excluding non-party witness from Plaintiff's deposition, order determining Plaintiff should bear costs of videoconference of deposition addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated June 13, 2014. Document filed by Keo-Sung Liu. (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, # 9 Exhibit Exhibit I)(Medina, Pedro) Modified on 6/16/2014 (db). (Entered: 06/13/2014) 06/16/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Pedro Medina to RE-FILE Document 179 THIRD LETTER MOTION for Conference re: 172 Order, Set Motion and RR Deadlines/Hearings, for an protective order excluding non-party witness from Plaintiff's deposition, order determining Plaintiff should bear costs of videoconferen. Use the event type Letter found under the event list Other Documents. (db) (Entered: 06/16/2014) 06/16/2014 180 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated June 13, 2014 re: Discovery Disputes. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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)(Medina, Pedro) (Entered: 06/16/2014) 06/20/2014 181 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated June 20, 2014 re: Motion to Compel Responses. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Defendants' Request for Production of Documents, # 2 Exhibit Defendants' Interrogatories, # 3 Exhibit Plaintiffs' Response to Request for Production of Documents, # 4 Exhibit Plaintiffs' Response to Defendants' Interrogatories, # 5 Exhibit Defendant's Initial Disclosure)(Medina, Pedro) (Entered: 06/20/2014) 06/20/2014 182 NOTICE OF CHANGE OF ADDRESS by Pedro Medina, Jr on behalf of Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. New Address: The Law Firm of Hugh H. Mo, P.C., 225 Broadway, Suite 2702, New York, NEW YORK, United States 10007, 2123851500. (Medina, Pedro) (Entered: 06/20/2014) 06/20/2014 183 MEMO ENDORSEMENT on re: 180 Letter, filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu. ENDORSEMENT: Application granted in part and denied in part. For plaintiff's deposition, the parties shall utilize the protocol used in 12 civ. 7103, as it apparently worked and plaintiff has not proposed a detailed alternative. Defendants shall bear the costs of the deposition. Huang Jian shall not attend plaintiff's deposition. (Signed by Magistrate Judge James C. Francis on 6/20/2014) (djc) Modified on 6/20/2014 (djc). (Entered: 06/20/2014) 06/20/2014 184 MEMORANDUM AND ORDER: denying 170 Motion for Protective Order. The plaintiff's motion for a protective order (Docket No. 170) is denied. (Signed by Magistrate Judge James C. Francis on 6/20/2014) Copies Sent By Chambers (djc) (Entered: 06/20/2014) 06/25/2014 185 MANDATE of USCA (Certified Copy) as to 165 Notice of Interlocutory Appeal, filed by Sang Lan USCA Case Number 14-1654....that the appeal is hereby WITHDRAWN pursuant to Rule 42 of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/25/2014. (nd) (Entered: 06/25/2014) 07/07/2014 186 SECOND LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated July 7, 2014 re: Discovery. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu, Hugh Mo.(Mo, Hugh) (Entered: 07/07/2014) 07/30/2014 187 ORDER: It is hereby ORDERED as follows: 1. By August 15, 2014, plaintiff shall produce all documents requested in the Individual Defendants' First Request for Production of Documents to Plaintiff Sang Lan ("Defendants' Document Request"). 2. By August 15, 2014, plaintiff shall propound written responses to Defendants' Document Request in which plaintiff specifically identifies by bates number which documents are responsive to each document request. While Rule 34 of the Federal Rules of Civil Procedure permits a party to produce documents as kept in the regular course of business, that rule nevertheless "requires responding parties to provide documents in some kind of organized, indexed fashion rather than as a mass of undifferentiated, unlabeled data." Where, as here, documents are maintained in a wholly disorganized manner, the responding party cannot simply produce them in the same way. 3. By August 15, 2014, plaintiff shall provide amended answers to Individual Defendants' First Set of Interrogatories to Plaintiff Sang Lan that properly respond to each interrogatory and do not simply refer defendants to plaintiff's entire document production. 4. Failure to comply with this order shall result in sanctions, potentially including an award of attorneys' fees and costs. (Signed by Magistrate Judge James C. Francis on 7/30/2014) Copies Mailed By Chambers. (kgo) (Entered: 07/30/2014) 08/01/2014 188 LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated August 1, 2014 re: Discovery. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 08/01/2014) 08/14/2014 189 MEMO ENDORSEMENT on 188 Letter, filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu. ENDORSEMENT: Application granted. (Discovery due by 10/31/2014. Pretrial Order due by 11/29/2014.) (Signed by Magistrate Judge James C. Francis on 8/13/2014) (cd) Modified on 8/18/2014 (cd). (Entered: 08/14/2014) 08/15/2014 190 NOTICE of Service of Addition Documents and responses re: 187 Order,,,,,. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 08/15/2014) 09/08/2014 191 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - THIRD LETTER MOTION for Conference re: 189 Memo Endorsement, Set Deadlines/Hearings,, 187 Order,,,,, addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 8, 2014. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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)(Medina, Pedro) Modified on 9/10/2014 (db). (Entered: 09/08/2014) 09/08/2014 192 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 8, 2014 re: Rule 11 Safe Harbor. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, John Does and Jane Does #1 through 15, Inclusive, Sang Lan, Keo-Sung Liu. (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)(Medina, Pedro) (Entered: 09/08/2014) 09/10/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Pedro Medina. Document No. 191 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Stay must be formally filed. (db) (Entered: 09/10/2014) 09/10/2014 193 FOURTH LETTER MOTION for Conference re: 189 Memo Endorsement, Set Deadlines/Hearings,, 187 Order,,,,, addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 10, 2014. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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)(Medina, Pedro) (Entered: 09/10/2014) 09/18/2014 194 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from Bing Xu, Esquire dated 9/18/2014 re: 193 FOURTH LETTER MOTION for Conference re: 189 Memo Endorsement, Set Deadlines/Hearings,, 187 Order,,,,, addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 10, 2014. . Document filed by Sang Lan. (Attachments: # 1 Exhibit Liu statement: fight to the end, # 2 Exhibit Mo press release 9/9/14, # 3 Exhibit Liu Blog 9/9/14)(Xu, X. Bing) (Entered: 09/18/2014) 09/19/2014 195 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 19, 2014 re: 193 FOURTH LETTER MOTION for Conference re: 189 Memo Endorsement, Set Deadlines/Hearings,, 187 Order,,,,, addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated September 10, 2014. . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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)(Medina, Pedro) (Entered: 09/19/2014) 09/23/2014 196 ORDER denying 193 Letter Motion for Conference. The requested relief is not warranted. There is no basis for a stay of discovery that would further delay resolution of this case. Plaintiff has complied with my July 30, 2014 Order by matching her production to defendants' discovery requests. To the extent that the production demonstrates that plaintiff has no factual basis for her claims, that issue will be adjudicated in any Rule 11 motion and/or motion for summary judgment. At the same time, plaintiff's suggestion that she may decline to proffer the relevance of information she has produced on the ground that it is attorney work product is frivolous. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 09/23/2014) 10/01/2014 197 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated October 1, 2014. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu.(Mo, Hugh) (Entered: 10/01/2014) 10/02/2014 198 ORDER denying 197 Letter Motion for Extension of Time to Complete Discovery. The party depositions should long since have been scheduled, and there is still a month to complete them. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 10/02/2014) 10/09/2014 199 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Pedro Medina dated October 9, 2014 re: Direct Plaintiff's Attendance For Her Deposition. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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)(Medina, Pedro) (Entered: 10/09/2014) 10/10/2014 200 MEMO ENDORSEMENT on re: 199 Letter, filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu. ENDORSEMENT: Application granted. This resolves docket no. 199. (Signed by Magistrate Judge James C. Francis on 10/10/2014) (djc) (Entered: 10/10/2014) 10/10/2014 Set/Reset Deadlines: Deposition due by 10/16/2014. (djc) (Entered: 10/10/2014) 10/11/2014 201 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) Does 1-30, Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, John Does and Jane Does #1 through 15, Inclusive, Keo-Sung Liu, Hugh Mo. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 10/11/2014) 10/15/2014 202 FIRST LETTER MOTION for Conference re: 200 Memo Endorsement, 201 Notice of Voluntary Dismissal,, requesting leave to file motion to dismiss Fourth Amended Complaint with prejudice addressed to Judge Analisa Torres from Hugh H. Mo dated October 15, 2014. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Medina, Pedro) (Entered: 10/15/2014) 10/16/2014 203 ORDER OF REFERENCE A 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 with prejudice (as discussed in Defendants' October 15, 2014 letter). Specific Non-Dispositive Motion/Dispute - Any additional relief sought in Defendants' October 15, 2014 letter. Referred to Magistrate Judge James C. Francis. (Signed by Judge Analisa Torres on 10/15/2014) (ajs) (Entered: 10/16/2014) 10/20/2014 204 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated October 20, 2014 re: Briefing Schedule Regarding Motion Pursuant to Rule 37. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 10/20/2014) 10/21/2014 205 MEMO ENDORSEMENT on re: 204 Letter, filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu. ENDORSEMENT: The schedule set forth above is adopted. (Motions due by 10/24/2014. Responses due by 11/10/2014. Replies due by 11/17/2014.) (Signed by Magistrate Judge James C. Francis on 10/21/2014) (tn) (Entered: 10/21/2014) 10/24/2014 206 FIRST MOTION for Sanctions pursuant to Rule 37 . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 10/24/2014) 10/24/2014 207 FIRST MEMORANDUM OF LAW in Support re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 . . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 10/24/2014) 10/24/2014 208 DECLARATION of Hugh H. Mo in Support re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20 Exhibit Exhibit T, # 21 Exhibit Exhibit U, # 22 Exhibit Exhibit V, # 23 Exhibit Exhibit W)(Medina, Pedro) (Entered: 10/24/2014) 11/10/2014 209 MEMORANDUM OF LAW in Opposition re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 ., 202 FIRST LETTER MOTION for Conference re: 200 Memo Endorsement, 201 Notice of Voluntary Dismissal,, requesting leave to file motion to dismiss Fourth Amended Complaint with prejudice addressed to Judge Analisa Torres from Hugh H. Mo date 11/10/2014 . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 11/10/2014) 11/10/2014 210 DECLARATION of Sang Lan in Opposition re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 .. Document filed by Sang Lan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C1, # 5 Exhibit c2, # 6 Exhibit c3, # 7 Exhibit c4, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X, # 29 Exhibit Y, # 30 Exhibit Z, # 31 Exhibit AA, # 32 Exhibit BB, # 33 Exhibit CC, # 34 Exhibit DD, # 35 Exhibit EE, # 36 Exhibit FF, # 37 Exhibit GG, # 38 Exhibit HH, # 39 Exhibit II, # 40 Exhibit JJ)(Xu, X. Bing) (Entered: 11/10/2014) 11/10/2014 211 DECLARATION of ZHENXING SUN in Opposition re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 .. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 11/10/2014) 11/17/2014 212 DECLARATION of Kao-Sung Liu in Support re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M)(Medina, Pedro) (Entered: 11/17/2014) 11/17/2014 213 DECLARATION of Hugh H. Mo in Support re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20 Exhibit Exhibit T, # 21 Exhibit Exhibit U, # 22 Exhibit Exhibit V, # 23 Exhibit Exhibit W, # 24 Exhibit Exhibit X, # 25 Exhibit Exhibit Y, # 26 Exhibit Exhibit Z, # 27 Exhibit Exhibit AA, # 28 Exhibit Exhibit BB, # 29 Exhibit Exhibit CC, # 30 Exhibit Exhibit DD, # 31 Exhibit Exhibit EE, # 32 Exhibit Exhibit FF, # 33 Exhibit Exhibit GG, # 34 Exhibit Exhibit HH, # 35 Exhibit Exhibit II, # 36 Exhibit Exhibit JJ)(Medina, Pedro) (Entered: 11/17/2014) 11/17/2014 214 FIRST REPLY MEMORANDUM OF LAW in Support re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 . . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 11/17/2014) 02/05/2015 215 REPORT AND RECOMMENDATION: For the foregoing reasons, dismissal without prejudice at this juncture would be improper. I therefore recommend that the plaintiff's motion to dismiss without prejudice be denied and that the Clerk of Court be directed to re-open the case, which was closed upon the filing of the ineffective notice of voluntary dismissal. 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. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the chambers of the Honorable Analisa Torres, Room 2210, and to the chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. Objections to RR due by 2/23/2015 (Signed by Magistrate Judge James C. Francis on 2/5/2015) Copies Mailed By Chambers. (tn) Modified on 2/26/2015 (tn). (Entered: 02/05/2015) 02/05/2015 216 MEMORANDUM AND ORDER granting in part and denying in part 206 Motion for Sanctions: For the foregoing reasons, the defendants' motion for Rule 37 sanctions (Docket no. 206) is granted with respect to monetary sanctions and denied with respect to terminating sanctions. (Signed by Magistrate Judge James C. Francis on 2/5/2015) Copies Mailed By Chambers. (tn) (Entered: 02/05/2015) 02/18/2015 217 AFFIDAVIT of Hugh H. Mo For Costs and Attorneys' Fees Pursuant to Rule 37 Sanctions . Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu, Hugh Mo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Mo, Hugh) (Entered: 02/18/2015) 02/18/2015 218 AFFIDAVIT OF SERVICE of Defendants' Affidavit for Costs and Attorneys' Fees Pursuant to Rule 37 Sanctions served on X. Bing Xu on February 18, 2015. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu, Hugh Mo. (Mo, Hugh) (Entered: 02/18/2015) 02/18/2015 219 SECOND MOTION for Sanctions pursuant to Rule 11 . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 02/18/2015) 02/18/2015 220 DECLARATION of Kao-Sung Liu in Support re: 219 SECOND MOTION for Sanctions pursuant to Rule 11 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M)(Medina, Pedro) (Entered: 02/18/2015) 02/18/2015 221 FIRST MEMORANDUM OF LAW in Support re: 219 SECOND MOTION for Sanctions pursuant to Rule 11 . . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 02/18/2015) 02/18/2015 222 DECLARATION of Hugh H. Mo in Support re: 219 SECOND MOTION for Sanctions pursuant to Rule 11 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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 (Part 1), # 9 Exhibit Exhibit H (Part 2), # 10 Exhibit Exhibit H (Part 3), # 11 Exhibit Exhibit H (Part 4), # 12 Exhibit Exhibit H (Part 5), # 13 Exhibit Exhibit H (Part 6), # 14 Exhibit Exhibit H (Part 7), # 15 Exhibit Exhibit H (Part 8), # 16 Exhibit Exhibit H (Part 9), # 17 Exhibit Exhibit H (Part 10), # 18 Exhibit Exhibit I, # 19 Exhibit Exhibit J, # 20 Exhibit Exhibit K, # 21 Exhibit Exhibit L)(Medina, Pedro) (Entered: 02/18/2015) 02/19/2015 223 OBJECTION to 215 Report and Recommendations with incorporated Memorandum of Law Document filed by Sang Lan. (Xu, X. Bing) (Entered: 02/19/2015) 02/19/2015 224 MOTION for Reconsideration re; 216 Order on Motion for Sanctions, . Document filed by Sang Lan.(Xu, X. Bing) (Entered: 02/19/2015) 02/19/2015 225 MEMORANDUM OF LAW in Support re: 224 MOTION for Reconsideration re; 216 Order on Motion for Sanctions, . . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 02/19/2015) 02/23/2015 226 FIRST MEMORANDUM OF LAW in Opposition re: 224 MOTION for Reconsideration re; 216 Order on Motion for Sanctions, . . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Appendix Appendix A, # 2 Appendix Appendix B)(Medina, Pedro) (Entered: 02/23/2015) 02/24/2015 227 AFFIDAVIT OF SERVICE of Defendants' Memorandum of Law in Opposition to Plaintiff's Motion to Reconsider served on X. Bing Xu on February 24, 2015. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu. (Mo, Hugh) (Entered: 02/24/2015) 02/26/2015 228 NOTICE OF APPEARANCE by John Vincent Golaszewski on behalf of Sang Lan. (Golaszewski, John) (Entered: 02/26/2015) 02/26/2015 229 NOTICE OF APPEARANCE by Allan Steven Schiller on behalf of Sang Lan. (Schiller, Allan) (Entered: 02/26/2015) 02/26/2015 230 NOTICE OF APPEARANCE by Brian Patrick Fredericks on behalf of Sang Lan. (Fredericks, Brian) (Entered: 02/26/2015) 02/27/2015 231 ORDER denying 224 Motion for Reconsideration. Plaintiff has failed to identify any controlling case law or factual information on the record that the Court overlooked. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 02/27/2015) 02/27/2015 232 LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated February 27, 2015 re: Response to Plaintiff's counsel's letter dated February 26, 2015. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 02/27/2015) 02/27/2015 233 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from X. Bing Xu, and Thomas L. Johnson dated 2/26/2015 re: Counsel request a conference, either in person or via telephone, with the Court such that we may discuss outstanding discovery, and set a new discovery timeline. ENDORSEMENT: Plaintiff shall respond to the fee affidavit by March 13, 2015, and defendants shall reply by March 20, 2015. Plaintiff has filed an objection to the Report Recommendation that recommended denial of the motion to dismiss without prejudice. It would be premature to set any further discovery schedule until the objection is ruled upon. (Signed by Magistrate Judge James C. Francis on 2/27/2015) (tn) (Entered: 02/27/2015) 03/03/2015 234 FIRST RESPONSE re: 223 Objection to Report and Recommendations . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 03/03/2015) 03/03/2015 235 DECLARATION of Hugh H. Mo re: 234 Response, 223 Objection to Report and Recommendations . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Medina, Pedro) (Entered: 03/03/2015) 03/04/2015 236 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from X. Bing Xu dated 3/4/2015 re: Counsel requests that the Court grant the request for a 10 day, or any brief and reasonable extension the Court deems necessary and appropriate, to respond to Defendant's Rule 11 motion. ENDORSEMENT: Plaintiff's Application is hereby granted. Plaintiff shall respond Defendants Rule 11 Motion on or before 3/20/15; Defendant shall file their reply on or before 3/27/15. Set Deadlines/Hearing as to 219 SECOND MOTION for Sanctions pursuant to Rule 11 : Responses due by 3/20/2015, Replies due by 3/27/2015. (Signed by Magistrate Judge James C. Francis on 3/4/2015) (tn) Modified on 3/4/2015 (tn). Modified on 4/1/2015 (tn). (Entered: 03/04/2015) 03/11/2015 237 Objection re: 216 Order on Motion for Sanctions, . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 03/11/2015) 03/13/2015 238 RESPONSE in Opposition to Motion re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 . objection to refiled doc 217 . Document filed by Sang Lan. (Attachments: # 1 Affidavit Declaration of Bing Xu, Esquire, # 2 Exhibit A1 summary, # 3 Exhibit A2 140717 bill, # 4 Exhibit A3 141030 bill)(Xu, X. Bing) (Entered: 03/13/2015) 03/13/2015 239 DECLARATION of Bing Xu, Esquire in Opposition re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 .. Document filed by Sang Lan. (Attachments: # 1 Exhibit A1 Summary, # 2 Exhibit A2 140717 bill, # 3 Exhibit A3 141030 bill, # 4 Exhibit A4 141124 bill)(Xu, X. Bing) (Entered: 03/13/2015) 03/20/2015 240 FIRST MEMORANDUM OF LAW in Support of Defendants' Application for Attorneys Fees and Costs . Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu. (Mo, Hugh) (Entered: 03/20/2015) 03/20/2015 241 MEMORANDUM OF LAW in Opposition re: 219 SECOND MOTION for Sanctions pursuant to Rule 11 . . Document filed by Sang Lan. (Attachments: # 1 Affidavit Sang Lan Decl. in support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Xu, X. Bing) (Entered: 03/20/2015) 03/24/2015 242 NOTICE of Withdrawal of Motion re: 219 SECOND MOTION for Sanctions pursuant to Rule 11 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 03/24/2015) 03/25/2015 243 ORDER withdrawing 219 Motion for Sanctions. Defendants have withdrawn the motion without prejudice to submitting a subsequent application for sanctions. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 03/25/2015) 03/25/2015 244 LETTER addressed to Magistrate Judge James C. Francis IV from Bing Xu, Esquire and Thomas Johnson, Esquire dated 3/25/2015 re: Def. Notice of Withdrawal of Rule 11 Motion. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 03/25/2015) 03/26/2015 245 MEMO ENDORSEMENT on re: 244 Letter filed by Sang Lan. ENDORSEMENT: Application denied without prejudice to renewal when the merits of this case are ultimately decided. (Signed by Magistrate Judge James C. Francis on 3/26/2015) (tn) (Entered: 03/26/2015) 04/01/2015 246 FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated April 1, 2015 re: Proposed Briefing Schedule. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 04/01/2015) 04/01/2015 247 LETTER addressed to Judge Analisa Torres from bing Xu, Esquire and Thomas Johnson, Esquire dated 4/1/2015 re: Mr. Mo's Letter dkt 246 4/1/201. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 04/01/2015) 04/01/2015 248 SECOND LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated April 1, 2015 re: Proposed Briefing Schedule. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 04/01/2015) 04/01/2015 249 LETTER addressed to Judge Analisa Torres from Bing Xu, Esquire and Thomas Johnson, Esquire dated 4/1/2015 re: Response to Defendants 2d Letter. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 04/01/2015) 04/02/2015 250 ORDER: Having reviewed the parties' letters dated April 1, 2015, it is ORDERED that Defendants shall submit opposition papers by April 17, 2015, and Plaintiff shall submit reply papers by April 24, 2015. SO ORDERED. (Signed by Judge Analisa Torres on 4/2/2015) (ajs) (Entered: 04/02/2015) 04/17/2015 251 FIRST MEMORANDUM OF LAW in Opposition re: 237 Objection (non-motion) . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Appendix Appendix A, # 2 Appendix Appendix B, # 3 Appendix Appendix C)(Medina, Pedro) (Entered: 04/17/2015) 04/17/2015 252 FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated April 17, 2015 re: Defendants' Opposition to Plaintiff's Rule 72(a) Objections. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 04/17/2015) 04/24/2015 253 REPLY MEMORANDUM OF LAW in Support re: 237 Objection (non-motion), 251 Memorandum of Law in Opposition, . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 04/24/2015) 05/04/2015 254 MEMORANDUM AND ORDER: The inordinate time spent by counsel in litigating this fee issue is symptomatic of the waste of resources in this litigation. Based on reductions in the requested fees to reflect non-compensable time, the defendants are awarded $20,627.78 in attorneys' fees and $405.00 in expenses, for a total of $21,032.78. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 5/4/2015) Copies Sent by Chambers. (ajs) (Entered: 05/04/2015) 05/12/2015 255 MOTION for Bing Xu, Esquire and Thomas Johnson, Esquire to Withdraw as Attorney . Document filed by Sang Lan.(Xu, X. Bing) (Entered: 05/12/2015) 05/13/2015 256 FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated May 13, 2015 re: Unsealing of Declaration and Exhibits of Plaintiff's attorneys' Notice of Motion to Withdraw. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu.(Mo, Hugh) (Entered: 05/13/2015) 05/15/2015 257 THIRD MOTION for Sanctions pursuant to Rule 11 . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 05/15/2015) 05/15/2015 258 FIRST MEMORANDUM OF LAW in Support re: 257 THIRD MOTION for Sanctions pursuant to Rule 11 . . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 05/15/2015) 05/15/2015 259 DECLARATION of Hugh H. Mo in Support re: 257 THIRD MOTION for Sanctions pursuant to Rule 11 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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, Pt. 1, # 8 Exhibit Exhibit G, Pt. 2, # 9 Exhibit Exhibit G, Pt. 3, # 10 Exhibit Exhibit G, Pt. 4, # 11 Exhibit Exhibit G, Pt. 5, # 12 Exhibit Exhibit G, Pt. 6, # 13 Exhibit Exhibit G, Pt. 7, # 14 Exhibit Exhibit G, Pt. 8, # 15 Exhibit Exhibit G, Pt. 9, # 16 Exhibit Exhibit G, Pt. 10, # 17 Exhibit Exhibit H, # 18 Exhibit Exhibit I, # 19 Exhibit Exhibit J, # 20 Exhibit Exhibit K, # 21 Exhibit Exhibit L, # 22 Exhibit Exhibit M)(Medina, Pedro) (Entered: 05/15/2015) 05/15/2015 260 DECLARATION of Kao-Sung Liu in Support re: 257 THIRD MOTION for Sanctions pursuant to Rule 11 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Hugh Mo. (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, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M)(Medina, Pedro) (Entered: 05/15/2015) 05/15/2015 261 ORDER: The Court has received correspondence concerning The Bing Law Firm's motion to withdraw from further representation of plaintiff Sang Lan. Judges Torres and Francis have agreed that I will rule with respect to that motion. Since the circumstances are somewhat unusual, I wish to hold a telephone conference to discuss the procedure we will follow. Counsel therefore are directed to place a conference call to my Chambers by May 20, 2015, to arrange a mutually convenient date for the conference. All counsel of record will be required to participate in the telephone conference. (Signed by Magistrate Judge Frank Maas on 5/14/2015) Copies Sent By Chambers. (lmb) (Entered: 05/15/2015) 05/15/2015 262 CERTIFICATE OF SERVICE of Notice of Motion for Sanctions Against Plaintiff; Defendants' Memorandum of Law in Support of Motion for Sanctions; Declaration of Hugh H. Mo, dated May 15, 2015; Declaration of K.S. Liu, dated November 17, 2014 served on Plaintiff Sang Lan on May 15, 2015. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 05/15/2015) 05/15/2015 263 LETTER MOTION for Conference addressed to Judge Analisa Torres from John V. Golaszewski, Esq. dated May 15, 2015. Document filed by Sang Lan.(Golaszewski, John) (Entered: 05/15/2015) 05/18/2015 264 FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated May 18, 2015 re: Response to Plaintiff's counsel's letter dated May 15, 2015. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 05/18/2015) 05/18/2015 265 ORDER denying 263 Letter Motion for Conference: Plaintiff's request for a conference is DENIED. However, Plaintiff may renew this request before Judge Francis. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa) (Entered: 05/18/2015) 05/18/2015 266 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from X. Bing Xu and Thomas L. Johnson dated 5/15/2015 re: Telephone Conference. ENDORSEMENT: Approved. (Telephone Conference set for 5/20/2015 at 11:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 5/18/2015) (kko) (Entered: 05/19/2015) 05/20/2015 Minute Order Proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 5/20/2015. (mo) (Entered: 05/20/2015) 05/20/2015 267 ORDER. It is hereby ORDERED that by May 29, 2015, The Bing Law Firm shall file redacted versions of its papers in support of its Motion to Withdraw, (ECF No. 255), and shall file under seal and deliver to my Chambers unredacted versions of those papers. Furthermore, by June 8, 2015, counsel for the Defendants shall file any opposition papers. (Responses due by 6/8/2015) (Signed by Magistrate Judge Frank Maas on 5/20/2015) Copies Sent By Chambers via Fax. (rjm) (Entered: 05/21/2015) 05/20/2015 Transmission to Sealed Records Clerk. Transmitted re: 267 Order, Set Deadlines to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm) (Entered: 05/21/2015) 05/21/2015 268 Objection re: 254 Order, Assessing Fees and Costs . Document filed by Sang Lan. (Golaszewski, John) (Entered: 05/21/2015) 05/28/2015 269 LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated 5/1/2014 re: We write in response to the letter, dated April 30, 2014, from plaintiff Sang Lan's attorney, X. Bing Xu, reporting on plaintiff's medical condition and asserting her current inability to participate in discovery in this case at the present time. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(lmb) (Entered: 05/28/2015) 05/28/2015 270 LETTER addressed to Judge Analisa Torres from X. Bing Xu, Thomas L. Johnson dated 5/27/2015 re: Correspondence under seal. (ajs) (Entered: 05/28/2015) 05/28/2015 271 ORDER: By letter dated May 27, 2015, Plaintiff requests that the Court deny or stay determination of the Rule 11 motion until the end of litigation, adjust the briefing schedule for the Rule 11 motion, and permit Plaintiff to file her motion papers under seal. This case is currently before the Honorable James C. Francis IV for general pretrial proceedings. Plaintiff's requests are DENIED without prejudice to renewal before Judge Francis. With respect to communications with this Court, Plaintiff shall file all letters electronically on ECF or shall request to file under seal in accordance with Paragraph IV.A of this Court's Individual Practices in Civil Cases. SO ORDERED. (Signed by Judge Analisa Torres on 5/28/2015) (ajs) (Entered: 05/28/2015) 05/28/2015 272 FIRST MEMORANDUM OF LAW in Opposition re: 268 Objection (non-motion) to Magistrate Judge Francis' May 4, 2015 Memorandum and Order . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 05/28/2015) 05/29/2015 273 FIRST LETTER addressed to Judge Analisa Torres from Pedro Medina dated May 29, 2015 re: Defendants' Opposition to Plaintiff's Rule 72(a) Objections. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 05/29/2015) 05/29/2015 274 MEMORANDUM OF LAW in Support re: 255 MOTION for Bing Xu, Esquire and Thomas Johnson, Esquire to Withdraw as Attorney . . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 05/29/2015) 05/29/2015 275 DECLARATION of X. Bing Xu, Esquire in Support re: 255 MOTION for Bing Xu, Esquire and Thomas Johnson, Esquire to Withdraw as Attorney .. Document filed by Sang Lan. (Attachments: # 1 Exhibit A-G)(Xu, X. Bing) (Entered: 05/29/2015) 06/01/2015 276 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated June 1, 2015 re: Response to Plaintiff's counsel's letter dated May 29, 2015. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 06/01/2015) 06/01/2015 277 DECLARATION of Sang Lan in Support re: 255 MOTION for Bing Xu, Esquire and Thomas Johnson, Esquire to Withdraw as Attorney .. Document filed by Sang Lan. (Xu, X. Bing) (Entered: 06/01/2015) 06/02/2015 278 ENDORSED LETTER re: 257 THIRD MOTION for Sanctions pursuant to Rule 11 . filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu addressed to Magistrate Judge James C. Francis IV from X. Bing Xu dated 5/29/2015 re: Co-counsel to plaintiff Sang Lan requests a reasonable extension to the briefing schedule proposed by Plaintiff and her counsel, and grant counsel's motion for leave to file documents referred to in his motion papers for in camera examination. ENDORSEMENT: Plaintiff's and her counsel's Application to file certain documents or portions thereof under seal is hereby granted. Plaintiff shall respond Defendant Rule 11 Motion on or before June 10, 2015 Plaintiff's counsel shall respond Defendants' Rule 11 Motion on or before June 10, 2015 Defendants shall file their reply on or before June 22, 2015. Set Deadlines/Hearing as to 257 THIRD MOTION for Sanctions pursuant to Rule 11 : Responses due by 6/10/2015, Replies due by 6/22/2015. (Signed by Magistrate Judge James C. Francis on 6/1/2015) (tn) (Entered: 06/02/2015) 06/03/2015 279 REPLY MEMORANDUM OF LAW re: 268 Objection (non-motion) to Order Assessing Fees and Costs . Document filed by Sang Lan. (Golaszewski, John) (Entered: 06/03/2015) 06/05/2015 280 FIRST MEMORANDUM OF LAW in Opposition re: 255 MOTION for Bing Xu, Esquire and Thomas Johnson, Esquire to Withdraw as Attorney . Response to Motion . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 06/05/2015) 06/10/2015 281 MEMORANDUM OF LAW in Opposition re: 257 THIRD MOTION for Sanctions pursuant to Rule 11 . and Cross Motion for Rule 11 Sanction Against Defendants and Hugh Mo Esquire, Pedro Medina Esquire and Law Office of Hugh Mo P.C. . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 06/10/2015) 06/10/2015 282 DECLARATION of X. Bing Xu, Esquire in Opposition re: 257 THIRD MOTION for Sanctions pursuant to Rule 11 .. Document filed by Sang Lan. (Attachments: # 1 Exhibit G)(Xu, X. Bing) (Entered: 06/10/2015) 06/10/2015 283 THIRD MEMORANDUM OF LAW in Opposition re: 257 THIRD MOTION for Sanctions pursuant to Rule 11 . On Behalf of Plaintiff Sang Lan . Document filed by Sang Lan. (Golaszewski, John) (Entered: 06/10/2015) 06/12/2015 284 LETTER addressed to Judge Analisa Torres from X. Bing Xu, Thomas L. Johnson dated 6/10/2015 re: Request to seal Dkt. No. 270. (ajs) (Entered: 06/12/2015) 06/12/2015 285 ORDER: By letter dated June 10, 2015, Plaintiff requests to: (1) submit to the Court un-redacted copies of Plaintiff's memorandum of law and supporting documents in opposition to Defendants' third Rule 11 motion; and (2) remove her May 27, 2015 letter from the public docket. The Rule 11 motion is before the Honorable James C. Francis. Plaintiff's request to submit un-redacted documents to this Court is DENIED. Plaintiff's request to remove her May 27, 2015 letter from the public docket is DENIED. "Documents may be sealed if specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (quoting In re New York Times Co., 828 F.3d 110, 116 (2d Cir. 1987)). Although Plaintiff provided legal justification for the proposed sealing of portions of her opposition to the Rule 11 motion, she provided no basis to justify sealing the May 27, 2015 letter. As the Court has reminded Plaintiff on several occasions, this case is currently before Judge Francis for general pretrial proceedings. Plaintiff shall include Judge Francis on all correspondence and communications with the Court. Plaintiff is warned that failure to comply with the Court's directives may result in sanctions. SO ORDERED. (Signed by Judge Analisa Torres on 6/12/2015) (ajs) (Entered: 06/12/2015) 06/16/2015 286 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Pedro Medina dated June 16, 2015 re: Request to File Over sized Reply Memorandum of Law. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 06/16/2015) 06/17/2015 287 MEMO ENDORSEMENT on re: 286 Letter, filed by Gina Hiu-Hung Liu, Hugh Hu Mo, Keo-Sung Liu. ENDORSEMENT: Defendants' reply may consist of up to 20 pages. (Signed by Magistrate Judge James C. Francis on 6/17/2015) (tn) (Main Document 287 replaced on 6/17/2015) (tn). (Entered: 06/17/2015) 06/22/2015 288 FIRST REPLY MEMORANDUM OF LAW in Support re: 257 THIRD MOTION for Sanctions pursuant to Rule 11 . . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 06/22/2015) 06/22/2015 289 DECLARATION of Hugh H. Mo in Support re: 257 THIRD MOTION for Sanctions pursuant to Rule 11 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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)(Medina, Pedro) (Entered: 06/22/2015) 07/13/2015 290 MEMORANDUM AND ORDER denying 257 Motion for Sanctions: that the defendants' motion (Docket no. 257) is denied without prejudice; the cross-motions of the plaintiff and her counsel (Docket nos. 281 and 283) are denied as moot. (Signed by Magistrate Judge James C. Francis on 7/13/2015) Copies Transmitted By Chambers. (tn) (Entered: 07/13/2015) 01/08/2016 291 LETTER addressed to Magistrate Judge James C. Francis IV from John V. Golaszewski, Esq. dated January 8, 2016 re: Request for Conference. Document filed by Sang Lan.(Golaszewski, John) (Entered: 01/08/2016) 01/08/2016 292 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated January 8, 2015 re: Response to Plaintiff's counsel's letter dated January 8, 2016. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 01/08/2016) 01/08/2016 293 SECOND LETTER addressed to Magistrate Judge James C. Francis IV from John V. Golaszewski, Esq. dated January 8, 2016 re: Request for Conference. Document filed by Sang Lan.(Golaszewski, John) (Entered: 01/08/2016) 01/08/2016 294 SECOND LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated January 8, 2016 re: Response to Plaintiff's counsel's second letter dated January 8, 2016. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 01/08/2016) 01/12/2016 295 MEMO ENDORSEMENT on re: 291 LETTER addressed to Magistrate Judge James C. Francis IV from John V. Golaszewski, Esq. dated January 8, 2016 re: Request for Conference. ENDORSEMENT: Application denied without prejudice to renewal once the Court rules on objections to my Feb. 5, 2015 Report and Recommendation. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 1/11/2016) (adc) (Entered: 01/12/2016) 01/20/2016 296 NOTICE OF APPEARANCE by Maria Louisa Bianco on behalf of Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Keo-Sung Liu. (Bianco, Maria Louisa) (Entered: 01/20/2016) 01/20/2016 297 NOTICE OF APPEARANCE by Milo Silberstein on behalf of Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Keo-Sung Liu. (Silberstein, Milo) (Entered: 01/20/2016) 01/22/2016 298 FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated January 22, 2016 re: Substitution of Counsel. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Appendix)(Medina, Pedro) (Entered: 01/22/2016) 01/27/2016 299 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Kao-Sung Liu and Gina Liu substitutes Milo Silbertstein, Dealy Silberstein Braverman, LLP, State Bar No. 2814382 as counsel of record in place of The Law Firm of Hugh H. Mo, P.C. Attorney Pedro Medina, Jr and Hugh Hu Mo terminated. (Signed by Judge Analisa Torres on 1/27/2016) (mro) (Entered: 01/28/2016) 02/09/2016 300 MEMORANDUM AND ORDER for 215 Report and Recommendation. The Court ADOPTS the RR in its entirety. For the reasons stated above, the Court accepts in full Magistrate Judge Francis' Report and Recommendation, and rejects Plaintiff's objections pursuant to Rule 72 of the Federal Rules of Civil Procedure. Plaintiff's request for voluntary dismissal without prejudice is DENIED. The Clerk of Court is directed to reopen the case. Case reopened. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 2/9/2016) (kko) (Entered: 02/10/2016) 02/09/2016 301 MEMORANDUM AND ORDER re: 216 Order on Motion for Sanctions. For the reasons stated above, the Court affirms the R R to the extent that it recommends monetary sanctions, but sustains Plaintiff's objection to the imposition of joint and several liability against her counsel. Defendants shall be awarded reasonable expenses, including attorneys' fees, incurred by them in scheduling and preparing for Plaintiff's deposition, in an amount to be determined by Judge Francis. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 2/9/2016) (kko) (Entered: 02/10/2016) 02/26/2016 302 FIRST LETTER addressed to Magistrate Judge Frank Maas from Hugh H. Mo dated February 26, 2016 re: Motion to Withdraw. Document filed by Hugh Hu Mo.(Medina, Pedro) (Entered: 02/26/2016)
律师这行的行规还是很严的。 LAO律师是有证律师，但他律师执照只对他所在的州有用，要拿加州执照，还得到加州考试。挺难的，我以前写过的，一个名校法学教授没考过加州执照。没有加州执照，给加州的案子进行咨询，就是无证行律，这是违反律师行规的。Birbrower, Montalbano, Condon Frank, P.C. v. Superior Court of Santa Clara County 里，外州律师在加州参与调解就违规了。Spivak v. Sachs 里，加州律师给纽约客户给出离婚建议也违规了。虽然LAO强调过其提供的某些是法律见解，但这不由他说了算，最终由律师协会根据内容进行判断，总之，如果没有加州执照，在这几起网络官司上的有些言论，可能是不妥的。 错误的法律建议是有后果的，因为律师职业要有基本的专业知识。桑兰案中的海明就惹麻烦了。LAO给 iMan、彼岸网 等提了不少看法。 在翰山侵权问题上，LAO说了这么一句话：”让翰山过来介绍一下岳博士的控告内容，我一定尽力，争取把他的指控干掉。”读者会怎么理解？首先你有加州执照吗？其次你没有加州执照，要尽力把他的指控干掉，这是一名律师能够轻易说的吗？要知道翰山案还涉及诽谤。 然后LAO先是认为岳东晓可能没有版权。然后说“版权法上有个辩护是'无辜侵权者' (innocent infringer)，基本含义是，如果一个人没有原因知道侵权的作品是受版权保护，那么法律要求法官把损失减低为不少于$200...我很难相信他为了$700 或$200 去启动一个诉讼官司。" 在读者看来，这起到了给翰山打气的作用。但是，LAO律师发表这番言论时可以说连岳东晓的诉状都还没看到。且不说该律师有没有加州执业资格，即使有执业资格这种说法从一个律师口里说出来也是不负责任的。现在联邦法官写了8页的裁决确定EMAIL传票有效。翰山如果被人误导采取错误的对策，找谁呢？ 在杨文斌是不是 iMan 的事情上，LAO发表评论说原告必须证明 “iman - 扬”，杨才是被告。还找了O’Connell v. Jacobs。那个案子我看了下，根本不是这么回事。是审判完了，被告已经被审了，判决说没有证据证明是被告干的。IMAN现在的作为也和LAO律师的评论看起来一致，在加州法院躲猫猫，岳东晓却说他撒谎了，到时万一iMan伪证成立, 怎么说？ 在传票问题上，LAO也说“整个《海牙公约》程序非常严格和繁琐，如果在送件过程中有任何不按照公约规定的要求，送件将无效”，这话没错，但是，无疑让读者认为基本上岳达不到送达的目的，假如最后真的用挂号信就可以了。又怎么说？ 一个专业的律师怎么会在网上如此不负责任的发言？ 头脑清楚点的都知道，他可能和我们一样就是看热闹的，况且他对岳本来就有看法，态度上几呼失态。 你们打得越热闹，大家可能看得越起劲。 他是什么量级他也说了，令人好笑的是他说他和“东晓鼠太郎”这种ID是一个量级的。 日前，mayimayi网友多次在相关博客下留言提到翰山案。这是一位很善良很有正义感的网友，既知道什么对什么不对，又希望朋友不要因此陷入官司。 翰山网友与我不熟，N年来，我们在网上互相回贴可能不超过十条。岳东晓是2014年说要告翰山的，当时大家只当一个玩笑看。直到去年才告了他。 翰山也许应该和自己比较真诚的朋友去商量一下怎么应对。
夜城律师来信： http://www.zhenzhubay.com/home.php?mod=spaceuid=2do=blogid=30374 保留证据是法律义务。我的回信引用了加州最高法院的一个案例，该案中原告在起诉前4个月要求被告保留证据，但被告销毁了证据。法院虽然裁定销毁证据本身不能构成民事 tort，但有其他的惩罚。其中有一句话相当有洞察力。法院说：【 "little motivation for intentional spoliation exists when the third party is wholly divorced from the litigation】，也就是说如果第三者与诉讼没有直接关系的话，一般来说不会有刻意销毁证据的动机。因此，法院说：【“ if the third party spoliator is acting at the behest of a party, a negative inference may be drawn against that party." 】如果第三者在诉讼一方的鼓动下销毁证据，那么可以对该诉讼人做出负面推断。 August 19, 2015 Wei Zhong Associate Attorney at Chen Lee's Law Office 1455 Response Road STE 120 Sacramento , CA 95815 Via fax: ( 916) 880-5601 Dear Ms. Zhong, Thank you for confirming your firm's representation of yeyeclub.com ("Yeyeclub"). My first email to Yeyeclub clearly identified the information requested for preservation (not yet for production) as "malicious and defamatory attacks against me personally". This is sufficiently specific. You know what attacks are when you see them. Also, my letter to you dating August 18 further stated that "I may have to institute defamation claims against personally." Both a party and a non-party have a legal duty to preserve evidence. A party's intentional destruction of evidence may result in terminating sanctions. As to a non-party, in Temple Community Hosp. v. Superior Court of Los Angeles , 20 Cal.4th 464, 84 Cal.Rptr.2d 852, 976 P.2d 223 (1999), our Supreme Court recognized that " hird party spoliation of evidence is analogous to perjury by a witness" and " criminal sanction remains available under Penal Code section 135, as are disciplinary sanctions against attorneys who may be involved in spoliation." The Court is also mindful that "little motivation for intentional spoliation exists when the third party is wholly divorced from the litigation ... if the third party spoliator is acting at the behest of a party, a negative inference may be drawn against that party." Id. To claim undue burden in preserving the website data is curious, as all Yeyeclub needs to do is to run a simple backup command. Given the clear legal duty to preserve, it would seem wiser for your client to act out of an abundance of caution. Sincerely, Dongxiao Yue, Ph.D. 2777 Alvarado Str, Ste C San Leandro , Ca 94577 XXXXXXXXXXXXX
这是今天（8/19) 下午5点左右收到的。我的回应参见： http://www.zhenzhubay.com/home.php?mod=spaceuid=2do=blogid=30374 下面文字是OCR的结果，准确率不是100% August 18,2015 CHENLE.E A PROFESSIONAL LAW CORPORATION 1455 Response Rood, Suite 120, Sacramento CA 95815 office 936.554.8700 • Fox 916.880.560:1. • www.chenle.law.com Via Facsimile and First Glass Mail Dongxiao Yue 2777 Alvarado St., Ste C San Leandro, CA 94577 Re: Yeyeclub.com Dear Mr. Yue, This office has been retained In order to respond to your electronic mail to the website, yeyeclub.com, In which you made a request for the preservation of certain "posted content, IF addresses, email address and database records." We are also In :receipt of your letter dated August 18, 2015. Neither of these communications were accompanied by a court issued subpoena. We are sorry to inform you that Yeyeclub is unable to comply with your request at this time. As of the date of this letter, Yeyeclub.com is neither aware of any pending litigation for which it is a party nor has It been served with subpoena for any electronic data and as such Yeyeclub currently bas no legal obligation to Incur costs to preserve its electronic data. Furthermore, Yeyeclub is simply unable to accommodate your request. Your request as phrased In your August 15 electronic-mail was vague, ambiguous, Incomprehensible and overbroad. Your e-mail Indicates that litigation is anticipated against "several users" of the Yeyec!ub website and requests that "relevant Infonnation" relating to such be preserved. However, there was no specific and identifYing infowation to that regard. It is not reasonably ascertainable as to which useJ:(s) you request was directed .. To comply with such request, even if ascertainable, would be time consuming and an undue burden on a non-party. Further, relevance of evidence or potential evidence is a legal conclusion. There is simply no basis for Yeyec1ub to make this detennlne on wbether certain electronic data mayor may not be "relevant" for speculated future litigation. To make this detennlnation would be pure conjecture. Should you wish to pursuit this matter further, please provide case information, specific and reasonably ascertainable description of the electronic data you are seeking to protect, duration of the requested bold and fonnat infonnation. Yeyeclub is requesting that the party issuing the subpoena or seeking the hold to provide reimbursement for any costs associated with their request. We look forward to working with you to resolve this matter. Wei Zhong
北美中国移民往往带着中国传统封建时代的印记，不明白中西司法系统的区别，往往拿中国的衙门去往美国的法院上套。这就出问题了。 有次有一个人给我看一法庭的命令，说这个命令的全部内容就是对方律师写的，法官只在上面签了个字。这人气愤地说道： （美国）法院又不是对方家开的，他们说了不算。 其实，法官这么做完全可能是对的。美国法院是对抗性的。也就是诉讼双方根据法律与规则对抗，法官基本是一个被动的裁判角色，不会主动去做什么事情。基本的程序是，一方说A，令一方B，法官的任务是判断（1）谁符合程序；（2）谁更有道理。假如对方提出个什么说法，你没有反应，对方自然就赢了。 美国法官的主动性远远低于足球裁判。足球比赛中谁犯了规，裁判会主动吹哨子。但美国法院，对方如果违规，你必须自己去指出来。否则的话，你这个反对权可能就永久放弃了。 中国人思维不是这样，他们脑子里政府、法院应该是皇帝、包青天的角色，会主动去进行调查、分析，自己只要击鼓鸣冤即可。 杨文彬在彼岸网向人提问到，是否可以不理睬加州法院的传唤，到时再在加拿大安大略法院抗拒加州法院的管辖权？ 如果是这样，杨就处于相当被动的地步了。 对我的提醒，杨文彬可能会说，你真是个活雷锋啊。 这又是中国式思维，总是试图对一件事情进行道德性的揣测，而不是从客观角度来分析。 我也许有好为人师的缺点，但是这个讲解却是为了证明我给了杨文彬公平的通知 (fair notice），堂堂正正，而不是试图打伏击，企图 ambush 。在美国法庭上企图伏击对方是 highly prejudicial 的事情，对方会嚷嚷，法官也会认为你做法不公平。珍珠港式偷袭是美国人反感的。 有了给杨文彬的提醒，到了法庭上，我可以告诉法官，你看，我把后果都写得这么清楚，杨文彬也多次声明要来加州法院应诉与反诉，现在他不来，明显是畏惧正义，对他作出不利的裁决非常正当，其情节恶劣，应与严惩，也算 set an example for the society。同理，这个论证拿到加拿大法院也很有说服力。杨文彬都无法装天真，说草民无知请求原谅了。
怎么了？ 下面徐律师给法院的信，我还没看，好奇读者可自行阅读并给出总结 桑兰律师给法院的信 02/18/2015 219 SECOND MOTION for Sanctions pursuant to Rule 11 . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 02/18/2015) 02/18/2015 220 DECLARATION of Kao-Sung Liu in Support re: 219 SECOND MOTION for Sanctions pursuant to Rule 11 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M)(Medina, Pedro) (Entered: 02/18/2015) 02/18/2015 221 FIRST MEMORANDUM OF LAW in Support re: 219 SECOND MOTION for Sanctions pursuant to Rule 11 . . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 02/18/2015) 02/18/2015 222 DECLARATION of Hugh H. Mo in Support re: 219 SECOND MOTION for Sanctions pursuant to Rule 11 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (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 (Part 1), # 9 Exhibit Exhibit H (Part 2), # 10 Exhibit Exhibit H (Part 3), # 11 Exhibit Exhibit H (Part 4), # 12 Exhibit Exhibit H (Part 5), # 13 Exhibit Exhibit H (Part 6), # 14 Exhibit Exhibit H (Part 7), # 15 Exhibit Exhibit H (Part 8), # 16 Exhibit Exhibit H (Part 9), # 17 Exhibit Exhibit H (Part 10), # 18 Exhibit Exhibit I, # 19 Exhibit Exhibit J, # 20 Exhibit Exhibit K, # 21 Exhibit Exhibit L)(Medina, Pedro) (Entered: 02/18/2015) 02/19/2015 223 OBJECTION to 215 Report and Recommendations with incorporated Memorandum of Law Document filed by Sang Lan. (Xu, X. Bing) (Entered: 02/19/2015) 02/19/2015 224 MOTION for Reconsideration re; 216 Order on Motion for Sanctions, . Document filed by Sang Lan.(Xu, X. Bing) (Entered: 02/19/2015) 02/19/2015 225 MEMORANDUM OF LAW in Support re: 224 MOTION for Reconsideration re; 216 Order on Motion for Sanctions, . . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 02/19/2015) 02/23/2015 226 FIRST MEMORANDUM OF LAW in Opposition re: 224 MOTION for Reconsideration re; 216 Order on Motion for Sanctions, . . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Appendix Appendix A, # 2 Appendix Appendix B)(Medina, Pedro) (Entered: 02/23/2015) 02/24/2015 227 AFFIDAVIT OF SERVICE of Defendants' Memorandum of Law in Opposition to Plaintiff's Motion to Reconsider served on X. Bing Xu on February 24, 2015. Service was made by Mail. Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu. (Mo, Hugh) (Entered: 02/24/2015) 02/26/2015 228 NOTICE OF APPEARANCE by John Vincent Golaszewski on behalf of Sang Lan. (Golaszewski, John) (Entered: 02/26/2015) 02/26/2015 229 NOTICE OF APPEARANCE by Allan Steven Schiller on behalf of Sang Lan. (Schiller, Allan) (Entered: 02/26/2015) 02/26/2015 230 NOTICE OF APPEARANCE by Brian Patrick Fredericks on behalf of Sang Lan. (Fredericks, Brian) (Entered: 02/26/2015) 02/27/2015 231 ORDER denying 224 Motion for Reconsideration. Plaintiff has failed to identify any controlling case law or factual information on the record that the Court overlooked. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 02/27/2015) 02/27/2015 232 LETTER addressed to Magistrate Judge James C. Francis IV from Hugh H. Mo dated February 27, 2015 re: Response to Plaintiff's counsel's letter dated February 26, 2015. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu.(Medina, Pedro) (Entered: 02/27/2015) 02/27/2015 233 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from X. Bing Xu, and Thomas L. Johnson dated 2/26/2015 re: Counsel request a conference, either in person or via telephone, with the Court such that we may discuss outstanding discovery, and set a new discovery timeline. ENDORSEMENT: Plaintiff shall respond to the fee affidavit by March 13, 2015, and defendants shall reply by March 20, 2015. Plaintiff has filed an objection to the Report Recommendation that recommended denial of the motion to dismiss without prejudice. It would be premature to set any further discovery schedule until the objection is ruled upon. (Signed by Magistrate Judge James C. Francis on 2/27/2015) (tn) (Entered: 02/27/2015) 03/03/2015 234 FIRST RESPONSE re: 223 Objection to Report and Recommendations . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 03/03/2015) 03/03/2015 235 DECLARATION of Hugh H. Mo re: 234 Response, 223 Objection to Report and Recommendations . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Medina, Pedro) (Entered: 03/03/2015) 03/04/2015 236 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from X. Bing Xn dated 3/4/2015 re: Counsel requests that the Court grant the request for a 10 day, or any brief and reasonable extension the Court deems necessary and appropriate, to respond to Defendant's Rule 11 motion. ENDORSEMENT: Plaintiff's Application is hereby granted. Plaintiff shall respond Defendants Rule 11 Motion on or before 3/20/15; Defendant shall file their reply on or before 3/27/15. Set Deadlines/Hearing as to 219 SECOND MOTION for Sanctions pursuant to Rule 11 : Responses due by 3/20/2015, Replies due by 3/27/2015. (Signed by Magistrate Judge James C. Francis on 3/4/2015) (tn) Modified on 3/4/2015 (tn). (Entered: 03/04/2015) 03/11/2015 237 Objection re: 216 Order on Motion for Sanctions, . Document filed by Sang Lan. (Xu, X. Bing) (Entered: 03/11/2015) 03/13/2015 238 RESPONSE in Opposition to Motion re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 . objection to refiled doc 217 . Document filed by Sang Lan. (Attachments: # 1 Affidavit Declaration of Bing Xu, Esquire, # 2 Exhibit A1 summary, # 3 Exhibit A2 140717 bill, # 4 Exhibit A3 141030 bill)(Xu, X. Bing) (Entered: 03/13/2015) 03/13/2015 239 DECLARATION of Bing Xu, Esquire in Opposition re: 206 FIRST MOTION for Sanctions pursuant to Rule 37 .. Document filed by Sang Lan. (Attachments: # 1 Exhibit A1 Summary, # 2 Exhibit A2 140717 bill, # 3 Exhibit A3 141030 bill, # 4 Exhibit A4 141124 bill)(Xu, X. Bing) (Entered: 03/13/2015) 03/20/2015 240 FIRST MEMORANDUM OF LAW in Support of Defendants' Application for Attorneys Fees and Costs . Document filed by Gina Hiu-Hung Liu(individually), Hugh Hu Mo, Keo-Sung Liu. (Mo, Hugh) (Entered: 03/20/2015) 03/20/2015 241 MEMORANDUM OF LAW in Opposition re: 219 SECOND MOTION for Sanctions pursuant to Rule 11 . . Document filed by Sang Lan. (Attachments: # 1 Affidavit Sang Lan Decl. in support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Xu, X. Bing) (Entered: 03/20/2015) 03/24/2015 242 NOTICE of Withdrawal of Motion re: 219 SECOND MOTION for Sanctions pursuant to Rule 11 .. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Hugh Hu Mo, Keo-Sung Liu. (Medina, Pedro) (Entered: 03/24/2015) 03/25/2015 243 ORDER withdrawing 219 Motion for Sanctions. Defendants have withdrawn the motion without prejudice to submitting a subsequent application for sanctions. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 03/25/2015) 03/25/2015 244 LETTER addressed to Magistrate Judge James C. Francis IV from Bing Xu, Esquire and Thomas Johnson, Esquire dated 3/25/2015 re: Def. Notice of Withdrawal of Rule 11 Motion. Document filed by Sang Lan.(Xu, X. Bing) (Entered: 03/25/2015) 看了一下徐律师的信，原来 莫虎把Safe harbor letter 发给了法庭与新华社，却没有给徐律师。 如果莫虎再补发，而且说的有道理，则原告方又可以修改状纸，再次循环。
桑兰前律师海明在签下认罪悔过书之后反悔了，于是提出动议，要求撤销那个认罪书。 法庭已经正式否定了海明的动议。法官评论到： 这个案子是我们见到过打得最丑恶的，双方律师不是在寻求争议的解决而是互相攻击。 we want to briefly note that the tactics used in this case are among the ugliest we have encountered , as the attorneys have continued to attack each other rather than resolve the underlying dispute. 法官语重心长的劝告海明：“海明把自己类比成纳粹大屠杀和强奸受害者，说委婉点，是笨拙与不当的...海明在未来的人生中应该好好反思... Hai's analogizing himself to Holocaust and rape victims in this situation is, to put it euphemistically, inept and inappropriate.. . We think it would benefit Hai to consider whether such tactics, including bombastic and clearly exaggerated assertions, seemingly unfounded recriminations, and attempts to alter agreed-upon contractual obligations, are the best way to conduct his affairs going forward. 我建议大家读读这篇英文判决，写得非常生动，把海明那可怜的摸样描述得淋漓尽致。 With the threat of sanctions looming over Hai , Hai and Defendants held a settlement conference on February 27,2012, before Magistrate Judge Francis, in which Hai and Defendants "negotiated and agreed upon all the key terms," including that Hai "pay $5,000 and execute a signed Acknowledgment of Wrongdoing to be prepared by the defendants." RR . After Hai wrote to Mo, requesting that Mo reduce the already-agreed-upon figure to $4,000, Hai signed the Stipulation. Id. at 3-4. Hai then sent a fax to Magistrate Judge Francis asking for the payment to be reduced to $4,000, but withdrew that request, allegedly under pressure. I The very next day, Hai tried to file a motion to set aside the stipulation he entered into in March to avoid the risk of those sanctions against himself. See ECF No. 99. On May 14,2012, after resolving his difficulties filing , Hai filed a motion to set aside the stipulation and order of dismissal. The accuracy of what Hai contracted to admit to is of no particular legal consequence. If Hai agreed to sign an Acknowledgment in which he stated he believed that the Earth was flat, he could not later rescind the contract because the Acknowledgement contained a falsehood. Hai should have weighed any doubts he had about the Acknowledgement's accuracy before agreeing to sign it. Instead, Hai contracted to make the Acknowledgement. Then Hai made the Acknowledgement. And now he must live with it. 参见附件： sang-lan-docket-141.pdf
历史总是在重复、循环。。。法治社会最终还是依赖于人的素质。 让我们读读罗马帝国时代律师行当的历史吧。以下引自《罗马帝国衰亡史》中关于律师行业的描述。最后一段说： 律师们不顾名誉与正义，他们是无知而贪婪的向导，把他们的客户引入一个个费用、拖延与失望的迷宫，直到后者在数年诉讼之后，财力耗尽。 The profession of the law. All the civil magistrates were drawn from the profession of the law. The celebrated Institutes of Justinian are addressed to the youth of his dominions who had devoted themselves to the study of Roman jurisprudence; and the sovereign condescends to animate their diligence by the assurance that their skill and ability would in time be rewarded by an adequate share in the government of the republic. ( 120 ) The rudiments of this lucrative science were taught in all the considerable cities of the East and West; but the most famous school was that of Berytus, ( 121 ) on the coast of Phoenicia, which flourished above three centuries from the time of Alexander Severus, the author perhaps of an Institution so advantageous to his native country. After a regular course of education, which lasted five years, the students dispersed themselves through the provinces in search of fortune and honours; nor could they want an inexhaustible supply of business in a great empire already corrupted by the multiplicity of laws, of arts, and of vices. The court of the Praetorian praefect of the East could alone furnish employment for one hundred and fifty advocates, sixty-four of whom were distinguished by peculiar privileges, and two were annually chosen with a salary of sixty pounds of gold to defend the causes of the treasury. The first experiment was made of their judicial talents by appointing them to act occasionally as assessors to the magistrates; from thence they were often raised to preside in the tribunals before which they had pleaded. They obtained the government of a province; and, by the aid of merit, of reputation, or of favour, they ascended, by successive steps, to the illustrious dignities of the state. ( 122 ) In the practice of the bar these men had considered reason as the instrument of dispute; they interpreted the laws according to the dictates of private interest; and the same pernicious habits might still adhere to their characters in the public administration of the state. The honour of a liberal profession has indeed been vindicated by ancient and modern advocates, who have filled the most important stations with pure integrity and consummate wisdom; but in the decline of Roman jurisprudence the ordinary promotion of lawyers was pregnant with mischief and disgrace. The noble art, which had once been preserved as the sacred inheritance of the patricians, was fallen into the hands of freedmen and plebeians, ( 123 ) who, with cunning rather than with skill, exercised a sordid and pernicious trade . Some of them procured admittance into families for the purpose of fomenting differences, of encouraging suits, and of preparing a harvest of gain for themselves or their brethren. Others, recluse in their chambers, maintained the gravity of legal professors, by furnishing a rich client with subtleties to confound the plainest truth, and with arguments to colour the most unjustifiable pretensions. The splendid and popular class was composed of the advocates, who filled the Forum with the sound of their turgid and loquacious rhetoric. Careless of fame and of justice, they are described for the most part as ignorant and rapacious guides, who conducted their clients through a maze of expense, of delay, and of disappointment from whence, after a tedious series of years, they were at length dismissed, when their patience and fortune were almost exhausted . ( 124 )
标签: 律师
