Wang v. Ai Li Hua Service, LLC et al
| New York Eastern District Court | |
| Judge: | Orelia E Merchant |
| Referred: | Taryn A Merkl |
| Case #: | 1:23-cv-05981 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 28:1331 Fed. Question: Fair Labor Standards |
| Case Filed: | Aug 07, 2023 |
| Last checked: Saturday Feb 03, 2024 3:35 AM EST |
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Defendant
Ai Li Hua Service, LLC
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Defendant
Xuexin Ke
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Defendant
Feng Liu
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Plaintiff
Yuehui Wang
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Represented By
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| Docket last updated: 05/26/2025 11:59 PM EDT |
| Friday, April 11, 2025 | ||
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order
Order on Motion for Discovery Order(Other) ~Util - Set Deadlines
Fri 04/11 1:02 PM
ORDER: Motion for Extension of Time30 is granted, on consent, for the reasons stated in the letter. Mediation shall be completed by 6/13/2025 , and the parties are directed to file a joint status letter by 6/20/2025 , or within one week of mediation, whichever is earlier, providing an update as to the status of mediation and case status. Further, the following discovery deadlines are extended. Initial disclosures and HIPAA-compliant records authorizations shall be exchanged by 5/2/2025 . First requests for documents and interrogatories shall be exchanged by 6/27/2025 . The deadline to join additional parties and amend the pleadings is 7/28/2025 . Phase I discovery shall be complete by 8/13/2025 . The deadline for the completion of fact discovery is 10/3/2025 , and the deadline to file a joint status report on ECF certifying the close of fact discovery is 10/10/2025 . The deadline to initiate any dispositive motions in accordance with the Individual Rules of the assigned District Judge is 11/10/2025 . Ordered by Magistrate Judge Taryn A. Merkl on 4/11/2025. (KKS) |
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| Thursday, April 10, 2025 | ||
| 30 | 30
motion
Discovery
Thu 04/10 11:29 AM
Letter MOTION for Discovery Reschedule by Yuehui Wang. (Zhang, Jiyuan) |
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| Friday, March 28, 2025 | ||
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adr
Selection of Mediator
Fri 03/28 8:37 AM
SELECTION OF MEDIATOR Joseph DiBenedetto selected as Mediator. Date Time and Location in-person/remote: June 5, 2025 . Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (JR) |
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| Thursday, March 13, 2025 | ||
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minutes
Initial Conference Hearing
Thu 03/13 12:16 PM
Minute Entry and Order: A telephonic Initial Conference was held on 3/13/2025 before Magistrate Judge Taryn A. Merkl. Appearances by Jiyuan Zhang for Plaintiff and Nicholas James Mattia for Defendant. The parties confirmed that they have held their Rule 26(f) conference and that initial disclosures have been exchanged. The Court also reminded the parties of their obligations to preserve and, if appropriate, produce electronically stored information during discovery. Rule 26(a) initial disclosures and any HIPAA-compliant records authorizations shall be exchanged by 4/11/2025 . First requests for documents and interrogatories shall be exchanged by 6/6/2025 . Phase I discovery shall be completed by 7/2/2025 . The deadline for joining additional parties and amending the pleadings as of right is 6/16/2025 . Fact discovery shall be completed on or before 8/22/2025 . The parties are directed to file a joint status report certifying the close of fact discovery by 8/29/2025 .In their joint status report certifying the close of fact discovery, the parties may include an update as to whether they need an expert discovery schedule, and if so, to propose an agreed-upon expert discovery schedule. In the absence of an expert discovery schedule being set, the last date to take the first step in dispositive motion practice is 9/29/2025 , and must be done in accordance with the Individual Rules of the assigned District Judge. Pilot Program: Individual Rules of the presiding judge. As stated on the record, this case will be referred to the EDNY Mediation Panel at the parties' request. Counsel shall exchange all relevant documents and records prior to mediation, if they have not done so already. The parties are directed to file their mediator selection on ECF by 3/27/2025 . Mediation shall be completed by 5/23/2025 . The parties are directed to file a joint status letter by 5/30/2025 , or within one week of the completion of mediation, whichever is sooner, providing an update as to the status of mediation and case status.Ordered by Magistrate Judge Taryn A. Merkl on 3/13/2025. (Cisco Log #10:00-10:20.) (KKS) |
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order
Order Referring Case to Mediation
Thu 03/13 12:17 PM
ORDER REFERRING CASE to Mediation. Mediator selection shall be filed on ECF by 3/27/2025 . Mediation shall be completed by 5/23/2025 . Ordered by Magistrate Judge Taryn A. Merkl on 3/13/2025. (KKS) |
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adr
Mediation Instructions
Thu 03/13 2:44 PM
MEDIATION INSTRUCTIONS: Mediation instructions for counsel are available[LINK:on the Court's website] . Counsel should select a mediator and schedule the initial mediation session with their chosen mediator. Once scheduled, counsel must file their selection using the [LINK:Selection of Mediator Form] . A list of EDNY Panel Mediators is available on the [LINK:Court's website] . EDNY Mediators are compensated in accordance with [LINK:EDNY Mediators are compensated in accordance with Local Civil Rule 83.8(f)(1)] . The Confidentiality Stipulation [LINK:in-person] or [LINK:remote] must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a [LINK:Mediation Report] to the ADR Department. (DS) |
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| Monday, March 03, 2025 | ||
| 29 | 29
misc
Case Management Statement
Mon 03/03 12:08 PM
CASE MANAGEMENT STATEMENT (Zhang, Jiyuan) |
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| Wednesday, January 29, 2025 | ||
| 28 | 28
order
Scheduling Order
Wed 01/29 12:30 PM
SCHEDULING ORDER: A telephonic Initial Conference will be held on 3/13/2025 at 10:00 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the number (571) 353-2301 . The meeting ID is 362861721 . The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 3/5/2025 . Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 1/29/2025. (KC) |
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| Tuesday, January 28, 2025 | ||
| 27 | 27
answer
Answer to Amended Complaint
Tue 01/28 5:16 PM
ANSWER to19 Amended Complaint by All Defendants. (Mattia, Nicholas) |
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| Friday, January 17, 2025 | ||
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order
Order to Answer 1 - Terminate Deadlines
Fri 01/17 12:35 PM
ORDER: On 12/17/2024, Plaintiff filed affidavits of service indicating that Defendant Ai Li Hua Service LLC was served on 12/10/2024, and that Defendants Xuexin Ke and Feng Liu were served on 12/11/2024. Counsel for Defendants appeared on 12/30/2024, but Defendants have yet to answer or otherwise respond to the amended complaint. Defendants shall file an answer or otherwise respond to the complaint by 1/31/2025 . Further extensions of Defendants' time to answer or otherwise respond to the complaint are highly unlikely given the age and procedural history of this case absent extraordinary and unforeseen circumstances. The parties are respectfully reminded that any motion practice must be initiated in accordance with the Individual Rules of the assigned District Judge. Ordered by Magistrate Judge Taryn A. Merkl on 1/17/2025. (KKS) |
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| Monday, December 30, 2024 | ||
| 26 | 26
notice
Notice of Appearance
Mon 12/30 4:28 PM
NOTICE of Appearance by Nicholas James Mattia on behalf of All Defendants (aty to be noticed) (Mattia, Nicholas) |
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| Tuesday, December 17, 2024 | ||
| 25 | 25
service
Affidavit of Service
Tue 12/17 5:48 PM
AFFIDAVIT of Service for Summons and Amended Complaint served on Ai Li Hua Service LLC on 12/10/2024, filed by Ai Li Hua Service, LLC. (Zhang, Jiyuan) |
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| 24 | 24
service
Affidavit of Service
Tue 12/17 5:46 PM
AFFIDAVIT of Service for Summons and Amended Complaint served on Feng Liu on 12/11/2024, filed by Feng Liu. (Zhang, Jiyuan) |
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| 23 | 23
service
Affidavit of Service
Tue 12/17 5:45 PM
AFFIDAVIT of Service for Summons and Amended Complaint served on Xuexin Ke on 12/11/2024, filed by Xuexin Ke. (Zhang, Jiyuan) |
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| Friday, December 06, 2024 | ||
| 22 | 22
misc
Mail Returned
Fri 12/06 4:34 PM
Mail Returned as Undeliverable. Documents sent to pro se Defendant Xuexin Ke at 144-5th Dr., Flushing, NY 11357. Envelope marked, "Return to sender-unable to forward." (JVC) |
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| Friday, November 01, 2024 | ||
| 21 | 21
service
Summons Issued
Fri 11/01 8:59 AM
Summons Issued as to Ai Li Hua Service, LLC, Xuexin Ke, Feng Liu. (JVC) |
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| Thursday, October 31, 2024 | ||
| 20 | 20
misc
Proposed Summons/Civil Cover Sheet
Thu 10/31 11:34 AM
Proposed Summons. by Yuehui Wang (Zhang, Jiyuan) |
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| Wednesday, October 30, 2024 | ||
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order
Order(Other)
Wed 10/30 5:03 PM
ORDER: The Court is in receipt of Plaintiff's amended complaint19 . On 10/15/2024, the Court ordered that "[t]he amended complaint and proposed summons shall be filed by 10/29/2024," and Plaintiff was directed to serve the amended complaint and summons on Defendants as soon as practicable. To date, no summons have been filed. By 11/4/2024 , Plaintiff is directed to file the proposed summons. Ordered by Magistrate Judge Taryn A. Merkl on 10/30/2024. (KKS) |
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| Tuesday, October 29, 2024 | ||
| 19 | 19
cmp
Amended Complaint
Tue 10/29 12:06 AM
AMENDED COMPLAINT against Ai Li Hua Service, LLC, Xuexin Ke, Feng Liu, filed by Yuehui Wang. (Zhang, Jiyuan) |
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| Tuesday, October 15, 2024 | ||
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minutes
Motion Hearing
Tue 10/15 3:40 PM
Minute Entry and Order: A telephonic Default Motion Hearing was held on 10/15/2024 before Magistrate Judge Taryn A. Merkl. Appearances by Jiyuan Zhang for Plaintiff. No appearance for Defendants. Discussion held regarding how Plaintiff determined the addresses to serve Defendants with the original complaint and summons, and where to send Plaintiff's Motion for Default Judgment (14 ). The Court inquired into whether service on a "co-tenant" was sufficient and whether the record establishes that the individual listed on the affidavits of service, was, in fact, a co-tenant of the individual Defendants. Discussion held regarding the sufficiency of the allegations in the complaint, including (1) the alleged overtime violation during the period from January 1, 2021, through December 31, 2021, as to which the complaint alleges that Plaintiff was paid an hourly rate "regardless of actual hours worked"; (2) whether Plaintiff has alleged an injury cognizable under Article III sufficient to establish standing to sue with respect to the New York Wage Theft Prevention Act claims (counts 4 and 5), see Guthrie v. Rainbow Fencing Inc. , 113 F.4th 300, 308 (2d Cir. 2024); and (3) the sufficiency of Plaintiff's allegations with respect to the claim of unpaid commissions ( see Compl., ECF No. 1, at paragraphs 34 & 35), and whether damages arising from those allegations could be awarded as wages or whether those damages should be awarded under some other theory (and, if so, whether the complaint includes sufficient non-conclusory factual assertions to state any such claim). The Court also inquired into Plaintiff's assertion that it would be appropriate to use 40 hours as the baseline in calculating the regular rate of pay for the time period during which Plaintiff alleges having been paid a monthly flat rate, i.e., from January 1, 2022 to March 14, 2023. ( See 29 C.F.R. Section 778.112.) Plaintiff's counsel did not offer any specific authority for the proposition that the aforementioned regulation would not govern the determination of the regular rate of pay in this case. See also, e.g. , Du v. CGS Metal Fabrication Inc. , No. 19-CV-1821 (ARR) (TAM), 2022 WL 987316, at *8 & n.6 (E.D.N.Y. Jan. 14, 2022). In light the foregoing, Plaintiff sought leave to file an amended complaint and agreed to withdraw the pending default motion. As stated on the record, Plaintiff's request to file an amended complaint is granted. The amended complaint and proposed summons shall be filed by 10/29/2024 . Plaintiff is further directed to serve the amended complaint and summons on Defendants as soon as practicable. In addition, as stated on the record, the motion for default judgment 14 is terminated as withdrawn. Ordered by Magistrate Judge Taryn A. Merkl on 10/15/2024. (CISCO Log #10:36-11:09.) (KKS) |
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| Thursday, September 19, 2024 | ||
| 18 | 18
service
Affidavit of Service
Thu 09/19 9:24 PM
AFFIDAVIT of Service in response to Order dated 09/05/2024 , filed by Yuehui Wang. (Zhang, Jiyuan) |
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Att: 1
Affidavit of Wang,
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Att: 2
Affidavit of Chen
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| Thursday, September 05, 2024 | ||
| 17 | 17
order
Scheduling Order
Thu 09/05 3:46 PM
SCHEDULING ORDER: A telephonic Default Motion Hearing will take place on 10/15/2024 at 10:30am before Magistrate Judge Taryn A. Merkl. The parties are directed to call the dial-in number (571) 353-2301 . The meeting ID is 362861721 . The parties shall dial in five (5) minutes before the scheduled conference. Although Defendants have not previously appeared, Defendants may participate in the conference. Counsel and the parties should be prepared to discuss Plaintiffs' pending motion for default judgment at ECF No.14 . The Clerk of the Court is respectfully directed to mail a copy of this Order, the attached Notice to Defendants, and the full docket to: (1) Ai Li Hua Service, LLC, 135-15 40th Road, Unit 502, Flushing, NY 11354;(2) Feng Liu, 144-58 25th Dr., Flushing, NY 11357; and (3) Xuexin Ke, 144-58 25th Dr., Flushing, NY 11357. Ordered by Magistrate Judge Taryn A. Merkl on 9/5/2024. (ALG) |
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order
Order(Other)
Thu 09/05 3:44 PM
ORDER: The Court is in receipt of Plaintiff's motion for a default judgment14 . By 9/19/2024 , Plaintiff is respectfully directed to file (1) an affidavit or declaration showing that Plaintiff "has complied with the Servicemembers Civil Relief Act," (2) an affidavit or declaration showing that the individual Defendants "[are] not known to be... minor[s] or... incompetent person[s]," and (3) "a certificate of service stating that all documents in support of the request fordefault judgment, including the Clerks Certificate of Default and any papersrequired by this rule, have been personally served on, or mailed to the lastknown residence (for an individual defendant) or business address (for otherdefendants) of, the party against whom default judgment is sought." EDNY Local Civ. R. 55.2(a)(1), (3); see also Lopez v. Metro & Graham LLC , No. 22-CV-332 (CBA) (RER), 2022 WL 18809176, at *5 (E.D.N.Y. Dec. 16, 2022) ; Sudilovskiy v. City WAV Corp. , No. 22-CV-469 (DG) (RLM), 2022 WL 4586307, at *3 (E.D.N.Y. Sept. 29, 2022). The Court notes that the SCRA website provides users information about the duty status of individuals. See [LINK:SCRA Website] . Ordered by Magistrate Judge Taryn A. Merkl on 9/5/2024. (ALG) |
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| Wednesday, May 15, 2024 | ||
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order
Order Referring Motion
Wed 05/15 9:28 AM
ORDER: Plaintiff's motion for default judgment14 is respectfully referred to Magistrate Judge Merkl. So Ordered by Judge Orelia E. Merchant on 5/15/2024. (MM) |
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| Friday, May 10, 2024 | ||
| 16 | 16
misc
Affidavit/Affirmation
Sat 05/11 12:00 AM
AFFIDAVIT/AFFIRMATION re14 MOTION for Default Judgment of Jiyuan Zhang by Yuehui Wang (Zhang, Jiyuan) |
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Att: 1
Exhibit 1. Complaint,
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Att: 2
Exhibit 2. Aff of Serice on Ai Li Hua,
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Att: 3
Exhibit 3. Aff of Serice on Feng Liu,
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Att: 4
Exhibit 4. Aff of Serice on Xuexin Ke,
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Att: 5
Exhibit 5. Clerk's default,
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Att: 6
Exhibit 6. Damage calculation,
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Att: 7
Exhibit 7. Attorney fees and cost,
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Att: 8
Exhibit 8. proposed OSC
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| 15 | 15
misc
Affidavit/Affirmation
Fri 05/10 11:56 PM
AFFIDAVIT/AFFIRMATION re14 MOTION for Default Judgment of Yuehui Wang by Yuehui Wang (Zhang, Jiyuan) |
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| 14 | 14
motion
Default Judgment
Fri 05/10 11:54 PM
MOTION for Default Judgment by Yuehui Wang. (Zhang, Jiyuan) |
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| Wednesday, April 10, 2024 | ||
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order
~Util - Set Deadlines
Wed 04/10 4:07 PM
STATUS REPORT ORDER: On 3/1/2024, the Clerk of Court issued a certificate of default. Plaintiff is respectfully directed to initiate motion practice or submit a status report by 5/10/2024 ; any status report should include an update about case status, anticipated next steps, and any proposed deadlines. Ordered by Magistrate Judge Taryn A. Merkl on 4/10/2024. (ALG) |
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| Friday, March 01, 2024 | ||
| 13 | 13
order
Clerks Entry of Default
Fri 03/01 11:52 AM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Ai Li Hua Service, LLC, Xuexin Ke, Feng Liu has failed to appear or otherwise defend this action, the default of defendant Ai Li Hua Service, LLC, Xuexin Ke, Feng Liu is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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| Wednesday, February 28, 2024 | ||
| 12 | 12
misc
Status Report
Wed 02/28 6:25 PM
STATUS REPORT by Yuehui Wang (Zhang, Jiyuan) |
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| 11 | 11
misc
Proposed Pretrial Order
Wed 02/28 12:44 PM
Proposed Pretrial Order by Yuehui Wang (Zhang, Jiyuan) |
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| 10 | 10
misc
Affidavit/Affirmation
Wed 02/28 12:36 PM
AFFIDAVIT/AFFIRMATION re9 Request for Certificate of Default by Yuehui Wang (Zhang, Jiyuan) |
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| 9 | 9
misc
Request for Certificate of Default
Wed 02/28 12:33 PM
Request for Certificate of Default by Yuehui Wang (Zhang, Jiyuan) |
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| Wednesday, February 14, 2024 | ||
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order
1 - Terminate Deadlines ~Util - Set Deadlines
Wed 02/14 4:24 PM
ORDER: On 1/10/2024, Plaintiff was directed to initiate motion practice or file a joint status report by 2/12/2024. To date no such filing has been made. Plaintiff is respectfully directed to initiate motion practice or file a status report updating the Court as to case status and anticipated next steps by 2/28/2024. Plaintiff's counsel is reminded that failure to follow court deadlines may result in sanctions and/or a recommendation that the case be dismissed for failure to prosecute. Ordered by Magistrate Judge Taryn A. Merkl on 2/14/2024. (ALG) |
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| Wednesday, January 10, 2024 | ||
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order
~Util - Set Deadlines 1 - Terminate Deadlines
Wed 01/10 7:26 PM
ORDER: Plaintiff is respectfully directed to initiate motion practice or file a status report updating the Court as to case status and anticipated next steps by 2/12/2024 . Ordered by Magistrate Judge Taryn A. Merkl on 1/10/2024. (ALG) |
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| Monday, December 04, 2023 | ||
| 8 | 8
misc
Status Report
Mon 12/04 3:44 PM
STATUS REPORT by Yuehui Wang (Zhang, Jiyuan) |
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| Tuesday, November 14, 2023 | ||
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order
Status Report Order
Tue 11/14 4:20 PM
STATUS REPORT ORDER: On 8/7/2023, Plaintiff filed a Complaint (1 ). Executed summons were thereafter filed, rendering Defendants' answer deadlines as 10/3/2023 and 10/31/2023. To date, there has been no answer filed to the Complaint. Plaintiff is directed to file a status report advising the Court on the current status of the case by 12/5/2023 . Ordered by Magistrate Judge Taryn A. Merkl on 11/14/2023. (ALG) |
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| Tuesday, October 24, 2023 | ||
| 7 | 7
service
Summons Returned Executed
Tue 10/24 2:01 PM
SUMMONS Returned Executed by Yuehui Wang. Ai Li Hua Service, LLC served on 10/10/2023, answer due 10/31/2023. (Zhang, Jiyuan) |
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| Tuesday, September 19, 2023 | ||
| 6 | 6
service
Summons Returned Executed
Tue 09/19 10:33 PM
SUMMONS Returned Executed by Yuehui Wang. Xuexin Ke served on 9/12/2023, answer due 10/3/2023. (Zhang, Jiyuan) |
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| 5 | 5
service
Summons Returned Executed
Tue 09/19 10:32 PM
SUMMONS Returned Executed by Yuehui Wang. Feng Liu served on 9/12/2023, answer due 10/3/2023. (Zhang, Jiyuan) |
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| Tuesday, August 08, 2023 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Tue 08/08 9:51 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Tue 08/08 9:51 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (SR) |
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| 2 | 2
service
Summons Issued
Tue 08/08 9:50 AM
Summons Issued as to All Defendants. (SR) |
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utility
Case Assigned/Reassigned
Tue 08/08 9:47 AM
Case Assigned to Judge Orelia E. Merchant and Magistrate Judge Taryn A. Merkl. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SR) |
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| Monday, August 07, 2023 | ||
| 1 | 1
cmp
Complaint
Mon 08/07 7:04 PM
COMPLAINT against Ai Li Hua Service, LLC, Xuexin Ke, Feng Liu filing fee $ 402, receipt number ANYEDC-16968643 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Yuehui Wang. (Zhang, Jiyuan) |
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Att: 1
Proposed Summons Proposed Summons,
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Att: 2
Civil Cover Sheet Civil Cover Sheet
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