Shaoxing Bon Textiles Co., LTD. v. 4-U Performance Group LLC, 1:16-cv-06805 – CourtListener.com

Shaoxing Bon Textiles Co., LTD. v. 4-U Performance Group LLC (1:16-cv-06805)

District Court, S.D. New York

Date Filed
Description

Apr 9, 2018

Cashiers Registry Deposit

Apr 9, 2018

CERTIFICATION OF JUDGMENT issued on April 9, 2018, in favor of plaintiff Shaoxing Bon Textiles Co., Ltd. against defendant 4-U Performance Group LLC in the sum of $938,326.46. (km)

Apr 9, 2018

Certification of Judgment

Apr 9, 2018

CASHIERS OFFICE REGISTRY DEPOSIT as per 134 Order to Show Cause, Set Deadlines, dated 3/30/2018, from Judge Judge Jed S. Rakoff, received $5,000.00 from Shaoxing Bon Textiles Co., LTD. Receipt Number 465401205932 on 4/3/2018. (cde)

Apr 9, 2018

Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 4/9/2018. The hearing is continued to April 18, 2018 at 10:000am (Kotowski, Linda)

138

Apr 9, 2018

MOTION for Attorney Fees, Costs and Interest. Document filed by Shaoxing Bon Textiles Co., LTD.. Return Date set for 4/25/2018 at 09:30 AM.(Herman, Bret) (Entered: 04/09/2018)

Main Doc

139

Apr 9, 2018

DECLARATION of Jed R. Schlacter in Support re: 138 MOTION for Attorney Fees, Costs and Interest.. Document filed by Shaoxing Bon Textiles Co., LTD.. (Attachments: # 1 Exhibit 1-Judgments, # 2 Exhibit 2-time/fees, # 3 Exhibit 3-costs)(Herman, Bret) (Entered: 04/09/2018)

Main Doc

140

Apr 9, 2018

MEMORANDUM OF LAW in Support re: 138 MOTION for Attorney Fees, Costs and Interest. . Document filed by Shaoxing Bon Textiles Co., LTD.. (Herman, Bret) (Entered: 04/09/2018)

Main Doc

141

Apr 11, 2018

ORDER FOR RETURN OF SECURITY: IT IS THEREFORE ORDERED, that the Clerk of this Court, or such other agent in possession of said deposit, promptly return the $5,000.00 deposit previously deposited by Plaintiff by issuing the following payment: Check payable to Schlacter & Associates, as attorneys for Shaoxing Bon Textiles Co., Ltd., in the sum, of $5,000.00 (plus interest, if any), at 450 Seventh Avenue, Suite 1308, New York, NY 10123. (Signed by Judge Jed S. Rakoff on 4/10/2018) (jwh) (Entered: 04/11/2018)

Main Doc

Apr 18, 2018

Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 4/18/2018. Attorney Jeremy Rosenberg relieved as counsel from representing Performance Group USA, Hearing continued to May 8, 2018 at 4:00pm. (Kotowski, Linda) (Kotowski, Linda)

142

Apr 19, 2018

ORDER: The Court, having, for the reasons stated in court earlier today, relieved Jeremy Rosenberg, Esq. as counsel for defendant Performance Group USA, Inc. ("PGUSA"), hereby orders that PGUSA shall retain new counsel by no later than April 27, 2018 or be deemed not to oppose any of the relief sought by plaintiff. If new counsel is retained on or before April 27, 2018, PGUSA shall immediately so notify the Court and all other counsel. (Signed by Judge Jed S. Rakoff on 4/18/2018) (cf) (Entered: 04/19/2018)

Main Doc

143

Apr 19, 2018

CERTIFICATE OF SERVICE served on Performance Group USA INC.. Document filed by Performance Group USA, Inc.. (Rosenberg, Jeremy) (Entered: 04/19/2018)

Main Doc

144

Apr 22, 2018

CERTIFICATE OF SERVICE served on Performance Group USA INC.. Document filed by Howard Weiss. (Rosenberg, Jeremy) (Entered: 04/22/2018)

Main Doc

145

Apr 23, 2018

ORDER: IT IS HEREBY ORDERED that Plaintiff's application is granted and Lynee Dong and/or Zhou Jingcheng shall, within 24 hours of receipt of this Order, advise counsel for the parties (by email to jed@schlacterassociates.com; paloe@kudmanlaw.com; dsaponara@kudmanlaw.com; and jrosenberglaw@yahoo.com), the current location (which shall include the name of the person or entity in possession, the address, telephone number, email address and contact person) of all garments of PGUSA taken from the Capitol Logistics & Warehousing warehouse on or about February 28, 2018 and March 1, 2018, including but not limited to the garments reflected in the attached bills of lading (which were part of Plaintiffs Exhibit 4 marked at the Show Cause Hearing of April 18, 2018); and IT IS HEREBY FURTHER ORDERED that Jeremy Rosenberg, Esq., former counsel of PGUSA, shall (a) at his earliest opportunity, e-mail a copy of this Order to Lynee Dong, and to Zhou Jingcheng, and (b) file a Certificate of Service of this Order. (Signed by Judge Jed S. Rakoff on 4/21/2018) (jwh) (Entered: 04/23/2018)

Main Doc

146

Apr 26, 2018

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Anthony Scordo III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14990328. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 4-U Performance Group LLC.(Scordo, Anthony) Modified on 4/26/2018 (wb). (Entered: 04/26/2018)

Main Doc

Apr 26, 2018

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 146 MOTION for Anthony Scordo III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14990328. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Jersey;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

147

Apr 26, 2018

RESPONSE to Motion re: 146 MOTION for Anthony Scordo III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14990328. Motion and supporting papers to be reviewed by Clerk's Office staff. . Document filed by 4-U Performance Group LLC. (Aloe, Paul) (Entered: 04/26/2018)

Main Doc

148

May 4, 2018

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Anthony Scordo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Performance Group USA, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Scordo, Anthony) Modified on 5/4/2018 (ma). (Entered: 05/04/2018)

Main Doc

May 4, 2018

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 148 MOTION for Anthony Scordo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): PLEASE REMOVE THE SUSPENDED BAR FROM THE MOTION AND ONLY LIST THE BAR THE ATTORNEY IS ACTIVE IN, THE CERTIFICATE OF GOOD STANDING FROM NEW JERSEY MUST BE CLEARLY SCANNED (NOT PICTURES PLEASE). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) Modified on 5/4/2018 (ma).

149

May 4, 2018

MOTION for Anthony Scordo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Performance Group USA, Inc.. (Attachments: # 1 Affidavit with Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order, # 3 Supplement Proof of Service)(Scordo, Anthony) (Entered: 05/04/2018)

Main Doc

May 4, 2018

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 149 MOTION for Anthony Scordo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

150

May 4, 2018

RESPONSE to Motion re: 149 MOTION for Anthony Scordo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . Document filed by 4-U Performance Group LLC. (Attachments: # 1 Exhibit Third Department Decision)(Aloe, Paul) (Entered: 05/04/2018)

Main Doc

May 4, 2018

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/4/2018. (Kotowski, Linda)

151

May 9, 2018

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 149 Motion for Anthony Scordo to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/8/2018) (anc) (Entered: 05/09/2018)

Main Doc

Order on Motion to Appear Pro Hac Vice

May 11, 2018

CERTIFICATION OF JUDGMENT issued on May 11, 2018, in favor of plaintiff Shaoxing Bon Textiles Co., Ltd. against defendants Howard Weiss, For You Apparel LLC, and Performance Group USA, Inc. in the sum of $938,326.46. (km)

May 11, 2018

CERTIFICATION OF JUDGMENT issued on May 11, 2018, against defendants SGM Corp. and SGM Leasing Corp. (which discovery has revealed are in fact the same entity) in the amount of $938,326.46. (km)

May 14, 2018

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/14/2018. (Kotowski, Linda)

152

May 15, 2018

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Quash Subpoena Duces Tecum . Document filed by 4-U Performance Group LLC. (Attachments: # 1 Supplement Notice of Motion, # 2 Supplement Certification)(Scordo, Anthony) Modified on 5/16/2018 (db). (Entered: 05/15/2018)

Main Doc

Quash

153

May 15, 2018

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Quash Subpoena Duces Tecum . Document filed by Performance Group USA, Inc.. (Attachments: # 1 Supplement Notice of Motion, # 2 Supplement client certification)(Scordo, Anthony) Modified on 5/16/2018 (db). (Entered: 05/15/2018)

Main Doc

Quash

Att 1

Supplement Notice of Motion

Att 2

Supplement client certification

May 16, 2018

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Anthony Scordo to RE-FILE Document 153 MOTION to Quash Subpoena Duces Tecum . 152 MOTION to Quash Subpoena Duces Tecum . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - First refile the attached Notice of Motion AS THE MOTION to Quash for each document, then file and link any supporting documents. (db)

154

May 16, 2018

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash Subpoena Duces Tecum . Document filed by Performance Group USA, Inc.. (Attachments: # 1 Supplement brief, # 2 Supplement Certification)(Scordo, Anthony) Modified on 5/23/2018 (db). (Entered: 05/16/2018)

Main Doc

Quash

May 16, 2018

Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 5/16/2018. (Kotowski, Linda)

May 23, 2018

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Anthony Scordo to RE-FILE Document 154 MOTION to Quash Subpoena Duces Tecum . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

155

May 25, 2018

ORDER: IT IS HEREBY ORDERED that Plaintiff's application is granted, as follows: 1. Performance Group USA Inc., through Lynee Dong and Zhou Jingcheng shall, within 48 hours of receipt of this Order: a. advise counsel for the parties (by email to jed@schlacterassociates.com; paloe@kudmanlaw.com; dsaponara@kudmanlaw.com; irosenberglaw@yahoo.com; and anthonyscordo@msn.com) the current location (including the name of the person or entity in possession, the address, telephone number, email address and contact person) of all garments of Performance Group USA Inc. taken from the Capitol Logistics & Warehousing warehouse on or about February 28, 2018 and March 1, 2018, including but not limited to the garments reflected in the attached bills of lading (which were part of Plaintiff's Exhibit 4 marked at the Show Cause Hearing of April 18, 2018); and as further set forth in this order. (Signed by Judge Jed S. Rakoff on 5/24/2018) (jwh) (Entered: 05/25/2018)

Main Doc

Order

156

May 25, 2018

DECLARATION of HOWARD WEISS . Document filed by Howard Weiss. (Rosenberg, Jeremy) (Entered: 05/25/2018)

Main Doc

Declaration (non-motion)

157

May 29, 2018

CERTIFICATE OF SERVICE of Order served on Dong, Zhou on 05/25/17. Service was made by email. Document filed by Performance Group USA, Inc.. (Scordo, Anthony) (Entered: 05/29/2018)

Main Doc

Certificate of Service Other

158

May 30, 2018

JUDGMENT AGAINST ABE MANELA: ORDERED, ADJUDGED AND DECREED, that plaintiff Shaoxing Bon Textiles Co., Ltd., have judgment and recover against defendant Abe Manela, of 180 Turn of River Road, Stamford, CT 06905 and 53 Butternut Lane, Stamford, CT 06903, the sum of $938,326.46 plus interest hereinafter accruing, and that plaintiff have immediate execution thereon. (Abe Manela terminated.) (Signed by Judge Jed S. Rakoff on 5/27/2018) (anc) (Entered: 05/30/2018)

Main Doc

Judgment

159

Jun 12, 2018

TRANSCRIPT of Proceedings re: conference held on 5/16/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2018. Redacted Transcript Deadline set for 7/13/2018. Release of Transcript Restriction set for 9/10/2018.(McGuirk, Kelly) (Entered: 06/12/2018)

Main Doc

Transcript

160

Jun 12, 2018

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/16/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/12/2018)

Main Doc

Notice of Filing Transcript

161

Jun 26, 2018

FIRST MOTION Contempt, inter alia . Document filed by Shaoxing Bon Textiles Co., LTD..(Schlacter, Jed) (Entered: 06/26/2018)

Main Doc

Miscellaneous Relief

162

Jun 26, 2018

DECLARATION of Jed R. Schlacter in Support re: 161 FIRST MOTION Contempt, inter alia .. Document filed by Shaoxing Bon Textiles Co., LTD.. (Attachments: # 1 Exhibit 1- Orders of 4/21/18 and 5/24/18, # 2 Exhibit 2- Bills of Lading, # 3 Exhibit 3- Subpoena/Restr. Notice to Profit Rise, # 4 Exhibit 4- Profit Rise Dept. of State printout, # 5 Exhibit 5- Wire-299 E Shore Rd, # 6 Exhibit 6- Photo-299 E Shore Rd, # 7 Exhibit 7- 5/4/18 JRS letter to Wu, # 8 Exhibit 8- Profit Rise invoices, # 9 Exhibit 9- Weiss 7/11/17 depo pages, # 10 Exhibit 10- Email from Ada Wu, # 11 Exhibit 11- Op Agreement, # 12 Exhibit 12- Bank Statement, # 13 Exhibit 13- Internet chart, # 14 Exhibit 14- Boom and Profit Rise invoice, # 15 Exhibit 15- 5/22/18 JRS letter and Rosenberg email, # 16 Exhibit 16- Boom packing lists/receiving reports, # 17 Exhibit 17- photos of cartons)(Schlacter, Jed) (Entered: 06/26/2018)

Main Doc

Declaration in Support of Motion

163

Jun 26, 2018

MEMORANDUM OF LAW in Support re: 161 FIRST MOTION Contempt, inter alia . . Document filed by Shaoxing Bon Textiles Co., LTD.. (Schlacter, Jed) (Entered: 06/26/2018)

Main Doc

Memorandum of Law in Support of Motion

Jul 3, 2018

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/3/2018. (Kotowski, Linda)

164

Jul 9, 2018

AFFIDAVIT of Ming Huang in Opposition re: 161 FIRST MOTION Contempt, inter alia .. Document filed by Performance Group USA, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Scordo, Anthony) (Entered: 07/09/2018)

Main Doc

Affidavit in Opposition to Motion

165

Jul 9, 2018

REPLY MEMORANDUM OF LAW in Opposition re: 161 FIRST MOTION Contempt, inter alia . . Document filed by Performance Group USA, Inc.. (Scordo, Anthony) (Entered: 07/09/2018)

Main Doc

Reply Memorandum of Law in Opposition to Motion

166

Jul 12, 2018

TRANSCRIPT of Proceedings re: Hearing held on 5/16/2018 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/10/2018.(Siwik, Christine) (Entered: 07/12/2018)

Main Doc

Transcript

167

Jul 12, 2018

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Hearing proceeding held on 5/16/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 07/12/2018)

Main Doc

Notice of Filing Transcript

168

Jul 13, 2018

REPLY MEMORANDUM OF LAW in Support re: 161 FIRST MOTION Contempt, inter alia . . Document filed by Shaoxing Bon Textiles Co., LTD.. (Schlacter, Jed) (Entered: 07/13/2018)

Main Doc

Reply Memorandum of Law in Support of Motion

Jul 26, 2018

CERTIFICATION OF JUDGMENT issued on July 26, 2018, plaintiff Shaoxing Bon Textiles Co., Ltd., have judgment against defendant Abe Manela, in the sum of $938,326.46 plus interest hereinafter accruing. (km)

169

Aug 2, 2018

REPLY MEMORANDUM OF LAW in Opposition re: 161 FIRST MOTION Contempt, inter alia . . Document filed by Performance Group USA, Inc.. (Scordo, Anthony) (Entered: 08/02/2018)

Main Doc

Reply Memorandum of Law in Opposition to Motion

170

Aug 13, 2018

CERTIFICATE OF SERVICE of Ordered Subpoena served on Yue Wu/Profit Rise Group USA Inc. on July 26, 2018. Service was made by email. Document filed by Shaoxing Bon Textiles Co., LTD.. (Schlacter, Jed) (Entered: 08/13/2018)

Main Doc

Certificate of Service Other

Aug 13, 2018

Minute Entry for proceedings held before Judge Jed S. Rakoff: Contempt Hearing held on 8/13/2018. Plaintiff to file Motion for Contempt on August 27, 2018, returnable on September 12, 2018 at 9:00a.m. (Kotowski, Linda)

171

Aug 20, 2018

ORDER granting 138 Motion for Attorney Fees; granting 161 Motion: Accordingly, the Court hereby holds Zhou Jingcheng and Lynee Dong in civil contempt for their non-compliance with the Court's April 22 and May 24 orders. It is clear from the record of this case that monetary sanctions will not suffice to bring Zhou and Dong into compliance. The Court therefore orders that Zhou Jingcheng and Lynee Dong, if found within the jurisdiction of the United States, shall be immediately arrested and held in confinement until such time as they comply with the April 22 and May 24 orders. This order shall remain in effect until either Zhou or Dong comply with the orders, or the judgment against PGUSA is satisfied. Plaintiff's counsel shall consult with the U.S. Marshals Service as promptly as possible as to the means of effectuating this order. In addition, the Court hereby grants plaintiff's request for attorneys' fees and costs incurred in prosecuting this contempt motion. See N.Y. State N.O.W. v. Terry, 159 F.3d 86, 96 (2d Cir. 1998). Plaintiff shall submit an accounting of such costs by no later than August 24, 2018, along with any other information necessary to supplement its pending motion for fees and costs against all defendants. See ECF No. 138. The Clerk of the Court is ordered to close docket number 161 of this case. (Signed by Judge Jed S. Rakoff on 8/18/2018) (jwh) (Entered: 08/20/2018)

Main Doc

Order on Motion for Attorney Fees

172

Sep 4, 2018

AMENDED JUDGMENT: Plaintiff Shaoxing Bon Textiles Co., Ltd. ("Shaoxing") accepted offers of judgment from defendants 4-U Performance Group LLC, Howard Weiss, For You Apparel LLC, and Performance Group USA. ECF Nos. 125, 127. Those judgments were duly entered by this Court. As contemplated by those offers, Shaoxing now moves to amend the judgments to include interest and attorneys' fees and costs. Defendants filed no opposition. Having independently reviewed plaintiff's counsel's submission, the Court finds the requested interest, fees, and costs to be reasonable and appropriate. Therefore, in addition to the previously entered judgments against these defendants, see ECF No. 129, which are reaffirmed and fully incorporated here, the Court hereby awards plaintiff pre-judgment interest against 4-U Performance Group LLC in the sum of $128,525.04 and against defendants Howard Weiss, For You Apparel LLC, and Performance Group USA, Inc. in the sum of $130,144.63. Against all defendants, jointly and severally, the Court also awards Shaoxing costs in the sum of $7,874.28 and fees in the amount of $312,880.00. (Signed by Judge Jed S. Rakoff on 8/31/2018) (Attachments: # 1 Appeal Package)(mro) (Entered: 09/04/2018)

Main Doc

Amended Judgment

2 of 2

Newsletter

Sign up to receive the Free Law Project newsletter with tips and announcements.