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Rosen Law LLC
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Order | Filed: May 02, 2024 | Entered: May 02, 2024 Liu et al v. Chau et al
Racketeer/Corrupt Organization | New York Eastern
Status Report Order
STATUS REPORT ORDER: The Court has reviewed the history of the discovery disputes and pending motions to strike the pleadings in this case (see ECF Nos. 84, 92), as well as the parties' joint status letter 102 . Notably, the joint status letter 102 indicates that discovery is complete except for certain depositions, including Plaintiffs' depositions. The Court further notes that on 12/26/2023, the Court issued an order reminding "ALL parties that Rule 37 contemplates sanctions for a party's failure to sit for their own deposition," and setting a deadline for all depositions, including Plaintiffs' depositions, of 2/20/2024. (12/26/2023 ECF Minute Entry and Order.) See Fed. R. Civ. P. 37(d).
Notwithstanding this admonishment, as of the extended deadline to close fact discovery of March 27, 2024, party depositions remained outstanding, although Defendants represented that Defendant Mei Yang Ko and "a representative for the realty company" would be produced on April 19, 2024. By 5/16/2024, the parties are directed to file a joint status report, including an update as to the status of party depositions, and if the outstanding party depositions have not been completed, a date certain by which the party depositions will be complete. The Court further notes that it will not direct or encourage the parties to participate in a proceeding that puts them at risk of violating Chinese law. See, e.g., Junjiang Ji v. Jling Inc., No. 15-CV-4194 (SIL), 2019 WL 1441130, at *11 (E.D.N.Y. Mar. 31, 2019) (striking a witness's video-link trial testimony when it came to light on cross-examination that he was in the People's Republic of China and prohibiting further remote testimony from that witness because the proceeding exposed participants to legal sanctions under Chinese law); see also Inventus Power v. Shenzhen Ace Battery, 339 F.R.D. 487, 500 (N.D. Ill. 2021). Accordingly, should any parties be in China, including Plaintiffs, the parties must make appropriate arrangements for those party depositions, which shall be detailed in the parties' 5/16/2024 joint letter.
Finally, all counsel are respectfully reminded that they are expected to comply with both Local Rule 37.3 and Local Rule 26.4, which require counsel to cooperate with one another in all phases of the discovery process, and to be courteous with one another. In this vein, the Court reminds the parties that Local Rule 37.3 requires that parties "attempt to confer in good faith in person or by telephone in an effort to resolve" their discovery disputes. Fed. R. Civ. P. 37(a)(1). To properlyconferto resolve a pending motion,the opposing party must be made aware that a motion to compel is being contemplated,andthe parties must actually speakabout the dispute at issue. Email correspondence is not sufficient to establish a meet and confer. To this end, counsel are directed to meet and confer prior to filing the joint report due by 5/16/2024. Counsel is further advised that failure to properly meet and confer may result in sanctions against counsel personally. Ordered by Magistrate Judge Taryn A. Merkl on 5/2/2024. (ALG)
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Order | Filed: April 29, 2024 | Entered: April 29, 2024 Runaway Towing Corp., v. Mazzio et al
Racketeer/Corrupt Organization | New York Eastern
Order on Motion for Extension of Time to Answer
ORDER granting 22 . City defendants shall answer or otherwise respond to the Complaint by June 21, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 4/29/2024. (EG)
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Notice | Filed: April 29, 2024 | Entered: April 29, 2024 Runaway Towing Corp., v. Mazzio et al
Racketeer/Corrupt Organization | New York Eastern
Notice of Appearance
NOTICE of Appearance by Samantha Michelle Schonfeld on behalf of City of New York, Vilda Vera Mayuga, New York City Department of Consumer and Worker Protection (aty to be noticed) (Schonfeld, Samantha)
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