Shi v. Song et al
| New York Eastern District Court | |
| Judge: | Natasha C Merle |
| Referred: | Vera M Scanlon |
| Case #: | 1:25-cv-00079 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 18:1962 Racketeering (RICO) Act |
| Case Filed: | Jan 06, 2025 |
| Last checked: Thursday Feb 20, 2025 4:28 AM EST |
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Defendant
Phuoc Van Tran
20644 Conrail Road
Bridgeville, DE 19933 |
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Defendant
SSL Transportation LLC
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Represented By
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Defendant
Does Numbers 1 through 10 Inclusive
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Defendant
Zengbin Yao
744 45th Street
Brooklyn, NY 11220 |
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Defendant
Qiao Wen Wu
1606 South Atlantic Blvd, Apt A
Alhambra, CA 94086 |
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Defendant
Jiguo Wu
5621 Decatur Boulevard
Indianapolis, IN 46241 |
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Defendant
Guizhen Wang
299 West Washington Ave, Apt 311
Sunnyvale, CA 94086 |
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Defendant
Longjian Jiang
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Defendant
Xinbin Tian
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Defendant
Yongze Song
1606 South Atlantic Blvd, Apt A
Alhambra, CA 91803 |
Represented By
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Defendant
Linfeng Song
13654 NE 83rd CT
Redmond, WA 98502 |
Represented By
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Defendant
Shumin Liu
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Defendant
Lianhua Li
1606 South Atlantic Blvd, Apt A
Alhambra, CA 91803 |
Represented By
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Defendant
Zhen Lei
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Plaintiff
XianDong Shi
4160 Main Street, #312 Suite 208a
Flushing, NY 11355 |
Represented By
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| Docket last updated: 76 minutes ago |
| Friday, May 09, 2025 | ||
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order
Scheduling Order
Fri 05/09 6:02 PM
ORDER. As discussed during the conference, Plaintiff is encouraged to investigate whether proper service has been made upon those Defendants for whom Plaintiff has contact information, but who have not yet appeared. Defendants must answer or otherwise respond to the amended complaint by 5/30/2025. Discovery is stayed during pendency of the anticipated motion practice. The parties are reminded of their preservation obligations during the stay of discovery. If new information arises during the upcoming premotion conference to indicate that discovery would be advisable, the parties may enter a joint letter proposing a discovery schedule. Within 10 days of the decision on the motion to dismiss, if this action is not dismissed, the parties must file a joint letter on ECF proposing a discovery schedule. A referral to the Court-annexed mediation program will not issue at this time. If the parties desire such a referral after motion practice is complete, they may request a referral to the Court-annexed mediation program at any time by filing a joint letter on ECF. The Court will mail this Order and the full public docket to non-appearing Defendants: Jiguo Wu at 5621 Decatur Blvd, Indianapolis, Indiana 46241; Shumin Liu 717 East 9th St Apt 5F, New York, NY 10009; Xinbin Tian, 41-43 149 Place, Floor 2, Flushing, NY 11355; and Longjian Jiang, 3312 202nd Street, Bayside, NY 11361. These non-appearing Defendants are strongly encouraged to participate in this litigation. If they do not, Plaintiff may request a default judgment, and the Court may enter a judgment against these Defendants based upon Plaintiff's representation. Ordered by Magistrate Judge Vera M. Scanlon on 5/9/2025. (SH) |
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| Thursday, May 08, 2025 | ||
| 34 | 34
misc
Letter
Thu 05/08 10:32 AM
Letter to Judge Scanlon by Zengbin Yao (Barnett, Keith) |
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| Wednesday, May 07, 2025 | ||
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minutes
Initial Conference Hearing
Wed 05/07 12:44 PM
Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Initial Conference held on 5/6/2025. Ying Liu and Carolyn Shields appeared on behalf of Plaintiff. Shuyang Xie appeared on behalf of Defendants Yongze Song, Lianhua Li, Linfeng Song, and corporate Defendant SSL Transportation LLC. Michelle Aulivola and Nicole Lynn Bohler appeared on behalf of Defendant Phuoc Van Tran. Attorney for Zengbin Yao, Keith S. Barnett, did not appear. See separate docket entry for Order issuing from this proceeding. (FTR Log #15:18-15:49.) (SH) |
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order
Order on Motion for Pre Motion Conference
Wed 05/07 1:03 PM
ORDER re33 AMENDED COMPLAINT filed by XianDong Shi -- In light of plaintiff's amended complaint33 , defendants' pre-motion conference requests21 ,28 are denied with leave to renew. Ordered by Judge Natasha C. Merle on 5/7/2025. (AG) |
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| Tuesday, May 06, 2025 | ||
| 33 | 33
cmp
Amended Complaint
Tue 05/06 2:19 PM
AMENDED COMPLAINT against Does Numbers 1 through 10 Inclusive, Longjian Jiang, Zhen Lei, Lianhua Li, Shumin Liu, SSL Transportation LLC, Linfeng Song, Yongze Song, Xinbin Tian, Phuoc Van Tran, Guizhen Wang, Jiguo Wu, Qiao Wen Wu, Zengbin Yao, filed by XianDong Shi. (Shields, Carolyn) |
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| Monday, April 28, 2025 | ||
| 32 | 32
misc
Proposed Scheduling Order
Mon 04/28 3:02 PM
Proposed Scheduling Order by XianDong Shi (Liu, Ying) |
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| Wednesday, April 09, 2025 | ||
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order
Order on Motion for Extension of Time to Answer
Wed 04/09 3:49 PM
ORDER. The Court finds the motion for an extension of time to respond to the complaint at ECF No.30 to be moot. Per Rule III(5) of the District Judge's Individual Rules, "[s]ervice of the letter-motion [for a pre-motion conference] within the time requirements of Fed. R. Civ. P. 12 or 56, or any other applicable filing or service deadline, shall constitute timely service of a motion made pursuant to those provisions." Defendant Phuoc Van Tran timely filed a pre-motion conference letter. See 3/20/2025 Order; ECF No.28 . Ordered by Magistrate Judge Vera M. Scanlon on 4/9/2025. (SH) |
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| Friday, April 04, 2025 | ||
| 31 | 31
notice
Notice of Appearance
Fri 04/04 12:23 PM
NOTICE of Appearance by Keith S. Barnett on behalf of Zengbin Yao (aty to be noticed) (Barnett, Keith) |
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| Thursday, April 03, 2025 | ||
| 30 | 30
motion
Extension of Time to File Answer
Thu 04/03 7:30 PM
Letter MOTION for Extension of Time to File Answer by Phuoc Van Tran. (Bohler, Nicole) |
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| Tuesday, April 01, 2025 | ||
| 29 | 29
respm
Response to Motion
Tue 04/01 9:15 PM
RESPONSE to Motion re28 MOTION for pre motion conference filed by XianDong Shi. (Shields, Carolyn) |
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| Wednesday, March 26, 2025 | ||
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utility
Incorrect Case-Document Information
Wed 03/26 9:46 AM
Incorrect Case/Document/Entry Information re28 Letter electronically filed by Nicole Bohler, Esq. Requests for a pre-motion conference addressed to Judge Merle must be filed using the Pre Motion Conference event found in the Motions section of the Motions and Related Filings section. No corrective action is required at this time. Do not refile your document . (AG) |
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| Tuesday, March 25, 2025 | ||
| 28 | 28
misc
Letter
Tue 03/25 10:49 AM
Letter MOTION by Phuoc Van Tran (Bohler, Nicole) |
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| Friday, March 21, 2025 | ||
| 27 | 27
respm
Response to Motion
Fri 03/21 8:24 AM
RESPONSE to Motion re21 Letter MOTION for pre motion conference filed by XianDong Shi. (Shields, Carolyn) |
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| Thursday, March 20, 2025 | ||
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order
Order on Motion for Extension of Time to Answer
Thu 03/20 2:40 PM
ORDER granting26 Motion for Extension of Time to Answer. Defendant Phuoc Van Tran will answer or otherwise respond by 4/4/2025. Ordered by Magistrate Judge Vera M. Scanlon on 3/20/2025. (SH) |
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| Tuesday, March 18, 2025 | ||
| 26 | 26
misc
Letter
Tue 03/18 1:30 PM
Letter MOTION by Phuoc Van Tran (Aulivola, Michelle) |
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| Monday, March 17, 2025 | ||
| 25 | 25
notice
Notice of Appearance
Mon 03/17 10:50 AM
NOTICE of Appearance by Nicole Lynn Bohler on behalf of Phuoc Van Tran (aty to be noticed) (Bohler, Nicole) |
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| 24 | 24
notice
Notice of Appearance
Mon 03/17 10:16 AM
NOTICE of Appearance by Michelle Aulivola on behalf of Phuoc Van Tran (aty to be noticed) (Aulivola, Michelle) |
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| 23 | 23
notice
Notice of Appearance
Mon 03/17 10:14 AM
NOTICE of Appearance by David H. Besso on behalf of Phuoc Van Tran (aty to be noticed) (Besso, David) |
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| Friday, March 14, 2025 | ||
| 22 | 22
service
Summons Returned Executed
Fri 03/14 4:28 PM
SUMMONS Returned Executed by XianDong Shi. SSL Transportation LLC served on 2/24/2025, answer due 4/2/2025. (Liu, Ying) |
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| 21 | 21
motion
Pre Motion Conference
Fri 03/14 2:54 PM
Letter MOTION for pre motion conference by Lianhua Li, SSL Transportation LLC, Linfeng Song, Yongze Song. (Xie, Shuyang) |
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| Thursday, March 13, 2025 | ||
| 20 | 20
service
Summons Returned Executed
Thu 03/13 12:54 PM
SUMMONS Returned Executed by XianDong Shi. SSL Transportation LLC served on 3/12/2025, answer due 4/2/2025. (Liu, Ying) |
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| Monday, March 10, 2025 | ||
| 19 | 19
service
Summons Returned Executed
Mon 03/10 2:09 PM
SUMMONS Returned Executed by XianDong Shi. Longjian Jiang served on 3/7/2025, answer due 3/28/2025. (Liu, Ying) |
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| 18 | 18
service
Summons Returned Executed
Mon 03/10 2:06 PM
SUMMONS Returned Executed by XianDong Shi. Yongze Song served on 3/7/2024, answer due 3/14/2025. (Liu, Ying) |
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| 17 | 17
service
Summons Returned Executed
Mon 03/10 2:02 PM
SUMMONS Returned Executed by XianDong Shi. Lianhua Li served on 3/7/2025, answer due 3/28/2025. (Liu, Ying) |
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| Friday, March 07, 2025 | ||
| 16 | 16
service
Summons Returned Executed
Fri 03/07 10:41 AM
SUMMONS Returned Executed by XianDong Shi. Xinbin Tian served on 3/6/2025, answer due 3/27/2025. (Liu, Ying) |
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| Thursday, March 06, 2025 | ||
| 15 | 15
service
Summons Returned Executed
Thu 03/06 4:04 PM
SUMMONS Returned Executed by XianDong Shi. Shumin Liu served on 3/6/2025, answer due 3/27/2025. (Liu, Ying) |
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| 14 | 14
service
Summons Returned Executed
Thu 03/06 3:47 PM
SUMMONS Returned Executed by XianDong Shi. Jiguo Wu served on 3/5/2025, answer due 3/26/2025. (Liu, Ying) |
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| Monday, February 17, 2025 | ||
| 13 | 13
service
Summons Returned Executed
Mon 02/17 9:44 PM
SUMMONS Returned Executed by XianDong Shi. Linfeng Song served on 2/12/2025, answer due 3/14/2025. (Shields, Carolyn) |
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| Friday, February 14, 2025 | ||
| 12 | 12
service
Summons Returned Executed
Fri 02/14 4:21 PM
SUMMONS Returned Executed by XianDong Shi. Zengbin Yao served on 2/14/2025, answer due 3/7/2025. (Shields, Carolyn) |
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| 11 | 11
service
Summons Returned Executed
Fri 02/14 4:08 PM
SUMMONS Returned Executed by XianDong Shi. Phuoc Van Tran served on 1/18/2025, answer due 2/10/2025. (Shields, Carolyn) |
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order
Order on Motion for Extension of Time to Answer
Fri 02/14 12:42 PM
ORDER granting10 Motion for Extension of Time to Answer. Defendants Yongzhe Song, Lianhua Li, Linfeng Song and SSL Transportation LLC will answer or otherwise respond on or before 3/14/2025. Ordered by Magistrate Judge Vera M. Scanlon on 2/14/2025. (SH) |
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| Thursday, February 13, 2025 | ||
| 10 | 10
motion
Extension of Time to File Answer
Thu 02/13 6:24 PM
Letter MOTION for Extension of Time to File Answer or Responsive Pleading by Yongze Song, Lianhua Li, SSL Transportation LLC, Linfeng Song. (Xie, Shuyang) |
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| 9 | 9
notice
Notice of Appearance
Thu 02/13 9:49 AM
NOTICE of Appearance by Shuyang Xie on behalf of Yongze Song, Lianhua Li, SSL Transportation LLC, Linfeng Song (aty to be noticed) (Xie, Shuyang) |
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| Thursday, January 16, 2025 | ||
| 8 | 8
misc
Affidavit/Affirmation
Thu 01/16 3:32 PM
AFFIDAVIT/AFFIRMATION Proof of service pursuant to 1/7/25 Judge Order by XianDong Shi (Liu, Ying) |
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| 7 | 7
notice
Notice of Appearance
Thu 01/16 2:52 PM
NOTICE of Appearance by Ying Liu on behalf of All Plaintiffs (aty to be noticed) (Liu, Ying) |
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| Tuesday, January 07, 2025 | ||
| 6 | 6
order
Scheduling Order
Tue 01/07 4:26 PM
SCHEDULING ORDER: An initial conference is scheduled for 5/6/2025 at 3:15 PM via ZoomGov. To gain access to the ZoomGov audio conferencing system, counsel and/or any pro se parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. Please note that your microphone will be automatically muted when you enter the virtual conference room. If another conference is underway, please remain on mute until the case is called. At that time, you may unmute your microphone by pressing *6 on your keypad. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 4/28/2025. As to any Defendant who or which has not appeared by today's date, Plaintiff(s) must mail a copy of this Order, its attachment and the full public docket to each last known mailing address for each such Defendant and file proof of service on ECF within ten days of the date of this Order. The Court reminds the parties of their responsibility to file a disclosure statement under Federal Rule of Civil Procedure 7.1 within 30 days of appearing in this action, if applicable and if they have not yet done so. As to any LLC, the disclosure statement should identify all of the members and their respective citizenships. Ordered by Magistrate Judge Vera M. Scanlon on 1/7/2025. (SH) |
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| Monday, January 06, 2025 | ||
| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Mon 01/06 4:11 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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| 4 | 4
service
Summons Issued
Mon 01/06 4:10 PM
Summons Issued as to Longjian Jiang, Zhen Lei, Lianhua Li, Shumin Liu, SSL Transportation LLC, Linfeng Song, Yongze Song, Xinbin Tian, Phuoc Van Tran, Guizhen Wang, Jiguo Wu, Qiao Wen Wu, Zengbin Yao. (CV) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Mon 01/06 4:08 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Mon 01/06 2:02 PM
Proposed Summons.Civil Cover Sheet.. Re1 Complaint, by XianDong Shi (Shields, Carolyn) |
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Att: 1
Proposed Summons
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| 1 | 1
cmp
Complaint
Mon 01/06 1:46 PM
COMPLAINT against Longjian Jiang, Zhen Lei, Lianhua Li, Shumin Liu, SSL TRANSPORTATION LLC, Linfeng Song, Yongze Song, Xinbin Tian, Phuoc Van Tran, Guizhen Wang, Jiguo Wu, Qiao Wen Wu, Zengbin Yao filing fee $ 405, receipt number CNYEDC-18635788 Was the Disclosure Statement on Civil Cover Sheet completed -Yes. N/A,, filed by XianDong Shi. (Shields, Carolyn) |
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utility
Case Assigned/Reassigned
Mon 01/06 4:07 PM
Case to Judge Natasha C. Merle and Magistrate Judge Vera M. Scanlon. 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. (CV) |
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