National Labor Relations Board v. Sin Lin Xiang Seafood, Inc.
New York Eastern District Court | |
Judge: | Dora Lizette Irizarry |
Case #: | 1:17-mc-01696 |
Case Filed: | Jun 13, 2017 |
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Docket last updated: 8 hours ago |
Friday, August 18, 2017 | ||
order
Order on Motion to Withdraw Order on Motion to Compel
Fri 08/18 6:11 PM
ORDER granting19 Motion to Withdraw17 Response to Order to Show Cause,18 Response to Order to Show Cause ; finding as moot1 Motion to Compel -- The parties indicate that Mr. Hu has fully complied with plaintiff's subpoena ad testificandum and plaintiff has moved to withdraw its application for an order compelling defendant's testimony. Plaintiff's motion to withdraw its application is GRANTED. The motion to compel is terminated as moot and no sanctions shall be imposed on the parties for their failure to comply with the Court's previous order directing the filing of a status report. The Clerk of the Court is directed to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 8/18/2017. (Irizarry, Dora) |
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Thursday, August 17, 2017 | ||
19 | 19
motion
Withdraw
Thu 08/17 1:40 PM
MOTION to Withdraw by National Labor Relations Board. (Hsu, Annie) |
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18 | 18
misc
Response to Order to Show Cause
Thu 08/17 1:38 PM
RESPONSE TO ORDER TO SHOW CAUSE by National Labor Relations Board (Hsu, Annie) |
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Tuesday, August 15, 2017 | ||
17 | 17
misc
Response to Order to Show Cause
Tue 08/15 8:32 PM
RESPONSE TO ORDER TO SHOW CAUSE by Sin Lin Xiang Seafood, Inc. (Tsai, Victor) |
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Monday, August 14, 2017 | ||
order
Order to Show Cause
Mon 08/14 4:47 PM
ORDER TO SHOW CAUSE --- Show Cause Response due by 8/28/2017 --- At the June 26, 2017 show cause hearing, the parties were directed to file a status report by August 3, 2017. To date, the parties have failed to do so. The parties are ordered to show cause why the attorneys should not be sanctioned for failing to comply with a court order and why this action should not be dismissed for failure to prosecute by NO LATER THAN August 28, 2017. SO ORDERED by Chief Judge Dora Lizette Irizarry on 8/14/2017. (Irizarry, Dora) |
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Wednesday, June 28, 2017 | ||
order
Order on Motion for Leave to Appear Pro Hac Vice Order on Motion to Amend/Correct/Supplement
Wed 06/28 11:24 AM
ORDER granting11 Motion for Leave to Appear Pro Hac Vice ; granting14 Motion to Amend/Correct/Supplement; granting14 Motion for Leave to Appear Pro Hac Vice. Ordered by Chief Judge Dora Lizette Irizarry on 6/28/2017. (Carosella, Christy) |
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Monday, June 26, 2017 | ||
16 | 16
notice
Notice of Appearance
Mon 06/26 6:48 PM
NOTICE of Appearance by Victor Wen-Li Tsai on behalf of All Defendants (notification declined or already on case) (Tsai, Victor) |
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15 | 15
notice
Notice of Appearance
Mon 06/26 6:41 PM
NOTICE of Appearance by Victor Wen-Li Tsai on behalf of All Defendants (aty to be noticed) (Tsai, Victor) |
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14 | 14
motion
Amend/Correct/Supplement Appear Pro Hac Vice
Mon 06/26 5:32 PM
First MOTION to Amend/Correct/Supplement Affidavit , First MOTION for Leave to Appear Pro Hac Vice (Colleen Pierce Breslin) Filing fee $ 150. by National Labor Relations Board. (Breslin, Colleen) |
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minutes
Show Cause Hearing ~Util - Set Deadlines Order on Motion for Leave to Appear Pro Hac Vice
Mon 06/26 4:13 PM
Minute Entry for proceedings held before Chief Judge Dora Lizette Irizarry: Show Cause Hearing held on 6/26/2017. Appearances: Colleen Breslin for Petitioner; Victor Tsai for Respondent . Mr. Tsai must file a notice of appearance forthwith. Order entered on the record, striking12 Motion for Leave to Appear Pro Hac Vice; Ms. Breslin shall file an amended affidavit as stated on the record. Both attorneys are permitted to appear on behalf of their clients for purposes of this hearing. Ms. Breslin advises that Respondent has still not complied with subpoena; details stated. Respondent ordered to fully comply with subpoena. Mr. Tsai must have interpreter present at any/all future court appearances for his clients who are not proficient in English. Parties shall submit a status report to the Court by August 3, 2017 . Any request to reschedule/extend deadlines/court appearances must be made by separate letter. (Court Reporter Victoria Torres-Butler.) (Carosella, Christy) |
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Friday, June 23, 2017 | ||
13 | 13
respm
Reply to Response to Motion
Fri 06/23 2:44 PM
REPLY to Response to Motion re1 MOTION to Compel Subpoena filed by National Labor Relations Board. (Breslin, Colleen) |
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12 | 12
motion
Appear Pro Hac Vice
Fri 06/23 10:18 AM
Second MOTION for Leave to Appear Pro Hac Vice Colleen Pierce Breslin Filing fee $ 150. by National Labor Relations Board. (Breslin, Colleen) |
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Thursday, June 22, 2017 | ||
order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 06/22 2:53 PM
ORDER deferring ruling on11 Motion for Leave to Appear Pro Hac Vice --- The Court defers ruling on the motion for admission pro hac vice filed by Colleen Breslin representing plaintiff because she has failed to comply with the requirements of Local Rule 1.3(c), which requires the filing of an affidavit that, inter alia sets forth that the attorney has never (1) been convicted of a felony; and (2) been censured, suspended, disbarred or denied admission or readmission by any court. Moreover, the purported affidavit is not an affidavit as it has not been signed before or notarized by a notary. Counsel must resubmit a properly executed affidavit forthwith and no later than noon Friday, June 23, 2017, if she expects to appear in Court in this matter on Monday, June 26, 2017. The Court previously admonished another NLRB attorney on this case for failing to comply with the Court rules. Had the attorney utilized the Court forms instead of her own, she might not have run afoul of the rule. SO ORDERED by Chief Judge Dora Lizette Irizarry on 6/22/2017. (Irizarry, Dora) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 06/22 2:58 PM
ORDER granting6 Motion for Leave to Appear Pro Hac Vice --- Ms. Annie Hsu's motion for leave to appeary pro hac vice is granted. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. As Ms. Hsu is an attorney for the National Labor Relations Board, a federal government agency, the application fee of $150 is waived pursuant to Local Rule 1.3(c). SO ORDERED by Chief Judge Dora Lizette Irizarry on 6/22/2017. (Irizarry, Dora) |
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Wednesday, June 21, 2017 | ||
11 | 11
motion
Appear Pro Hac Vice
Wed 06/21 9:21 AM
MOTION for Leave to Appear Pro Hac Vice And Request for Fee Waiver Filing fee $ 150. by National Labor Relations Board. (Breslin, Colleen) |
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order
Order(Other) ~Util - Set Hearings
Wed 06/21 9:53 AM
ORDER re10 Response to Motion -- Defendant's request to reschedule the show cause hearing for June 26, 2017 at 3:30 PM is granted. So Ordered by Chief Judge Dora Lizette Irizarry on 6/21/2017. (Carosella, Christy) |
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Monday, June 19, 2017 | ||
10 | 10
respm
Response to Motion
Mon 06/19 10:36 PM
RESPONSE to Motion re1 MOTION to Compel Subpoena filed by Sin Lin Xiang Seafood, Inc.. (Tsai, Victor) |
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Att: 1 Exhibit Exhibit 1 - motion to withdraw application, | ||
Att: 2 Exhibit Exhibit 2- letter in response to motion to withdraw, | ||
Att: 3 Exhibit Exhibit A - Fourth Amended Charge, | ||
Att: 4 Exhibit Exhibit B - New Charge, | ||
Att: 5 Exhibit Exhibit C - emails, | ||
Att: 6 Exhibit Exhibit D - May 8 2017 letter, | ||
Att: 7 Exhibit Exhibit E - May 10 2017 subpoena, | ||
Att: 8 Exhibit Exhibit F - June 2 2017 letter and Board order, | ||
Att: 9 Exhibit Exhibit G - emails, | ||
Att: 10 Exhibit Exhibit H - OTSC Chief Judge Irizarry, | ||
Att: 11 Exhibit Exhibit I - Letter from Chen & Associates | ||
Friday, June 16, 2017 | ||
9 | 9
misc
Letter
Fri 06/16 5:47 PM
Letter Regarding June 16, 2017 Deposition by National Labor Relations Board (Hsu, Annie) |
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Wednesday, June 14, 2017 | ||
7 | 7
service
Certificate of Service
Wed 06/14 11:26 AM
CERTIFICATE OF SERVICE by National Labor Relations Board of Order to Show Cause and Pleadings (Hsu, Annie) |
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Tuesday, June 13, 2017 | ||
8 | 8
order
Order to Show Cause ~Util - Set Hearings
Wed 06/14 4:18 PM
ORDER TO SHOW CAUSE, IT IS ORDERED, that Respondent appear before this Court at the U.S. Courthouse, Courtroom No. 4A South, before Chief Judge Dora L. Irizarry, at 225 Cadman Plaza East, Brooklyn, New York, on 6/26/2017 at 12:00(Noon), and show cause, why an order of this Court should not issue directing Respondent to appear by Xiao Long Hu before a duly designated agent of the Board, to give testimony and produce all documents requested by the Subpoena, in connection with the unfair labor practice investigation now pending before the Board in Case 29-CA-179777. FURTHER ORDERED, that should Respondent file an answer to the Application, it shall be filed with the Clerk of this Court. Respondent shall serve a copy thereof upon the Applicant at her office located at Two MetroTech Center, Suite 5100, Brooklyn, New York, on/or before 5:00 P.M. the 19th day of June, 2017; and that Respondent shall file and serve any memoranda in opposition to the Application on/or before 5:00 P.M. on the 22nd day of June, 2017. (Show Cause Response due by 6/19/2017). The parties are directed to forward to chambers a hard courtesy copy of their submission NO LATER THAN 9:00 A.M. the day after they are done. Ordered by Chief Judge Dora Lizette Irizarry on 6/13/2017. Fwd. to chambers. (Layne, Monique) |
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6 | 6
motion
Appear Pro Hac Vice
Tue 06/13 5:46 PM
Second MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150. by National Labor Relations Board. (Hsu, Annie) |
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5 | 5
motion
Appear Pro Hac Vice
Tue 06/13 2:11 PM
MOTION for Leave to Appear Pro Hac Vice (Annie Hsu) by National Labor Relations Board. (Davis, Kimberly) |
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4 | 4
respoth
Memorandum in Support
Tue 06/13 2:10 PM
MEMORANDUM in Support re1 MOTION to Compel Subpoena filed by National Labor Relations Board. (Davis, Kimberly) |
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3 | 3
misc
Unsigned Order to Show Cause
Tue 06/13 2:09 PM
Unsigned Order to Show Cause by National Labor Relations Board (Davis, Kimberly) |
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2 | 2
misc
Declaration
Tue 06/13 2:08 PM
DECLARATION of Annie Hsu re1 MOTION to Compel Subpoena by National Labor Relations Board (Davis, Kimberly) |
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1 | 1
motion
Compel
Tue 06/13 1:54 PM
MOTION to Compel Subpoena by National Labor Relations Board. (Davis, Kimberly) |
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Att: 1 Miscellaneous Case Cover Sheet | ||
order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 06/13 4:43 PM
ORDER denying5 Motion for Leave to Appear Pro Hac Vice -- Plaintiff's counsel's attorney's motion for leave to appear pro hac vice is denied, without prejudice to renew upon the filing of the appropriate documents. Counsel's affidavit was not notarized and, thus, is not an affidavit or sworn statement. Moreover, the affidavit does not conform to the requirements of Local Rule 1.3(c), which was amended in December 2016. Counsel, Annie Hsu, is directed to use the new forms on the Court's website and satisfy the requirements of the rule as recently amended. Counsel shall resubmit her application NO LATER THAN JUNE 19, 2017. SO ORDERED by Chief Judge Dora Lizette Irizarry on 6/13/2017. (Irizarry, Dora) |