Zhang et al v. New Beijing Wok, Inc. et al

Filing 106

ORDER: IT IS HEREBY ORDERED that the Court has ancillary jurisdiction over the dispute related to the restraining notice on and contents of the safe deposit box. IT IS FURTHER ORDERED that the parties must appear for a status conference on Friday, D ecember 8, 2023, at 10:00 A.M. The Conference will be held in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. SO ORDERED. ( Status Conference set for 12/8/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/4/2023) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BAOJI ZHANG and GUO DONG YAO,
:
:
Plaintiffs,
:
:
-against:
:
NEW BEIJING WOK, INC. d/b/a Beijing Wok,
:
SHANGHAI INC. d/b/a Shanghai Chinese Restaurant, :
CHAI WAI CHENG a/k/a Chai-Wai Cheng, and MEI :
KAM SIU,
:
:
Defendants.
:
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X

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 12/4/2023

17-CV-9465 (VEC)
ORDER

VALERIE CAPRONI, District Judge:
WHEREAS on December 4, 20217, Plaintiffs Baoji Zhang and Guo Dong Yao brought
this lawsuit against, inter alia, Defendants Chai Wai Cheng (“Mr. Cheng”) and Ching Sau Siu
(“Ms. Siu”), see Compl., Dkt. 1;
WHEREAS on August 5, 2019, the Court granted summary judgment for Ms. Siu, see
Order, Dkt. 61;
WHEREAS on April 2, 2020, Judgement was entered against Mr. Cheng, see Amend.
Judgment, Dkt. 95.
WHEREAS on November 3, 2023, Ms. Siu filed a letter motion requesting a conference
to discuss recovery of property stored in a safety deposit jointly held by Ms. Siu and Mr. Cheng
upon which Plaintiffs served a restraining notice to aid in collection of the judgment against Mr.
Cheng, see Letter, Dkt. 100;
WHEREAS in the letter, Ms. Siu indicated that her passport was in the box and she
needed it for upcoming travel, see id.;

WHEREAS on November 8, 2023, Plaintiffs objected to opening the box, examining its
contents, and returning the passport to Ms. Siu, see Letter, Dkt. 102;
WHEREAS on November 13, 2023, upon consideration of the parties’ letters, the Court
ordered the parties to show cause why the Court has jurisdiction over the dispute related to the
contents of the safe deposit box, see Order, Dkt. 103;
WHEREAS on November 16, the parties responded to the Court’s order, with Ms. Siu
arguing the Court has jurisdiction and Plaintiffs arguing the opposite, see Letters, Dkt. 104-05;
WHEREAS “a federal court always has ancillary jurisdiction over subsequent
proceedings to enforce its own judgments,” see Amtrust N. Am., Inc. v. Preferred Contractors
Ins. Co. Risk Retention Grp., LLC, No. 15-CV-7505, 2016 WL 6208288, at *3 (S.D.N.Y. Oct.
18, 2016); and
WHEREAS courts exercise this jurisdiction to evaluate motions to quash in postjudgment enforcement proceedings, see e.g., Major League Baseball Properties, Inc. v.
Corporacion de Television y Microonda Rafa, S.A., No. 1:19-CV-8669-MKV-GWG, 2023 WL
2625794, at *7 (S.D.N.Y. Mar. 24, 2023) (denying motion to squash restraining notice served on
bank).
IT IS HEREBY ORDERED that the Court has ancillary jurisdiction over the dispute
related to the restraining notice on and contents of the safe deposit box.
IT IS FURTHER ORDERED that the parties must appear for a status conference on
Friday, December 8, 2023, at 10:00 A.M. The Conference will be held in Courtroom 443 of
the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007.
SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge

Date: December 4, 2023
New York, New York
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