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10-1637 - Gao et al v. Perfect Team Corporation et al


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10-1637 - Gao et al v. Perfect Team Corporation et al
August 16, 2011
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MEMORANDUM AND ORDER: Plaintiffs have failed to meet their burden in demonstrating that defendants have assigned, disposed of, encumbered, or secreted property (or are about to) with the intent to defraud creditors or frustrate the enforcement of a judgment that might be rendered in their favor. Accordingly, the motion for attachment is denied at this time. Ordered by Judge Eric N. Vitaliano on 8/11/2011. (Brucella, Michelle)
January 28, 2013
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ORDER granting in part and denying in part 184 Motion for Sanctions. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/28/2013. (Klein, Jennifer)
December 31, 2013
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ORDER ADOPTING REPORT AND RECOMMENDATION. As recommended by Magistrate Judge Pollak: (1) the Perfect Team defendants are ordered to pay plaintiffs a total of $22,619.69, representing $22,507.31 in attorney's fees and $112.38 in costs; (2) the Ji Shiang defendants are ordered to pay plaintiffs $25,141.19, representing $25,028.81 in attorney's fees and $112.38 in costs; and (3) plaintiffs' proposed adverse inference is approved and will be considered when this case is submitted for determination. Ordered by Judge Eric N. Vitaliano on 12/31/2013. (Hanly, Elizabeth)
May 30, 2014
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, as recommended by Judge Pollak: (1) the Perfect Team defendants are ordered to pay plaintiff $22,619.69, representing $22,507.31 in attorney's fees and $112.38 in costs, and the Ji Shiang defendants are ordered to pay plaintiff $25,141.19, representing $25,028.81 in attorney's fees and $112.38 in costs,within 10 calendar days of the date this Order is entered on the docket; and (2) failure to comply shall serve as grounds for finding defendants in contempt of Court and subject them to possible civil and criminal penalties. These penalties may include the striking of their answer and the entry of judgment for plaintiff on default. Further, the Clerk of Court is directed to amend the caption of this case to reflect the voluntary dismissal with prejudice of plaintiff Zheng's claims, as well as the voluntary dismissal of claims against defendant Chen. Ordered by Judge Eric N. Vitaliano on 5/28/2014. (Fernandez, Erica)
February 2, 2016
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MEMORANDUM AND ORDER, For the foregoing reasons, pltff's request to dismiss the sole disputed remaining claim is granted, the objection of the Perfect Team Defts is overruled, and that claim is indeed dismissed under Rule 41(a)(2). As noted earlier, this matter has been respectfully referred to Magistrate Judge Pollak for a report and recommendation as to the calculation of pltff's statutory damages, attorneys' fees, and costs. Consideration of those matters may now proceed without impediment. (Ordered by Judge Eric N. Vitaliano on 1/29/16) c/m (Galeano, Sonia)
April 13, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS, With notice given, no party has filed objections to the R&R, and the time in which to do so has, again, expired. In line with the foregoing, Magistrate Judge Pollak's report and recommendation, dated 2/9/16, is adopted in its entirety as the opinion of the Court. Pltff is ordered to, within two weeks of the entry of this memorandum and order on the docket, file her request, if any, for attorneys' fees and costs. That matter is respectfully referred to Magistrate Judge Pollak for a report and recommendation as to her findings. (Ordered by Judge Eric N. Vitaliano on 4/09/2016) c/m (Galeano, Sonia)
May 8, 2017
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nt) (Almonte, Giselle)ORDER ADOPTING REPORT AND RECOMMENDATIONS: In line with the foregoing, on her motion for attorney's fees and costs, Gao is awarded (1)attorney's fees in the amount of $173,287.01 from the Perfect Team Defendants and $46,946.00 from Ji Shiang and (2) costs in the amount of $8258.93 from the Perfect Team Defendants and $1081.00 from Ji Shiang. The Clerk of Court is directed to enter judgment in favor of Gao (1) against the Perfect Team Defendants, that is. Perfect Team Corporation, Chun Kit Cheng 2md Jia Li Wang, jointly and severally, in the amount of $250,431.64. comprising $22,619.69 in sanctions, $46,266.01 in damages and $181,545.94 in attorney's fees and costs, and (2) against Ji Shiang, Inc. in the amount of $78.354.35. comprising of $25,141.19 in sanctions, $5186.16 in damages and $48,027 in attorney's fees and costs. See (Sanctions Order, ECF No. 233; Summary Judgment Mem. &Order 34, ECF No. 282; Dismissal Mem. & Order, ECF No. 296; Damages Mem. & Order, ECF No. 301). With regard to the portion of the judgment representing amounts recoverable under NYLL § 663(1), that is, (1) the damages on Gao's NYLL claims ($27,304.31 for the Perfect Team Defendants and $2881.20 for Ji Shiang, Inc.) and (2) the attorney's fees and costs ($181,545.94 for the Perfect Team Defendants and $48,027.00 for Ji Shiang, Inc.), "if any amounts remain unpaid upon the expiration of ninety days following issuance of judgment, or ninety days after expiration of the time to appeal and no appeal therefrom is then pending. Whichever is later," that portion ($208,850.25 for the Perfect Team Defendants and $50,908.20 for Ji Shiang, Inc.) "shall automatically increase by fifteen percent." NYLL § 663(4). The Clerk of Court is directed to close this case for administrative purposes. So Ordered by Judge Eric N. Vitaliano on 5/5/2017. (FWD for Judgme