Yu et al v. Diguojiaoyu, Inc. et al

Filing 92

ORDER: On January 7, 2022, Plaintiffs filed updated Proposed Findings of Fact and Conclusions of Law and an Inquest Memorandum. This second filing is again deficient because it, inter alia: (1) is not signed by Plaintiffs' counsel (ECF 90 at 20); (2) does not provide supporting documentation for attorney's fees and costs; (3) includes exhibits without declaration(s) or affidavit(s) attesting to their authenticity and contents; and (5) is not accompanied by proof of service or doc umentation detailing Plaintiffs' counsel's attempts at service. Plaintiffs' counsel further requested a 60-day extension to obtain other necessary documents from overseas Plaintiffs. (ECF 91). Plaintiffs must file a corrected version of their inquest by June 17, 2022. Defendants' opposition papers, if any, shall be filed by June 24, 2022. Plaintiffs are ORDERED to serve this Order, ECF 90, and their January 7, 2022 filing(s) on Defendants and to file proof of service on the docket. (Signed by Magistrate Judge Ona T. Wang on 4/18/2022) (rro)

Case 1:18-cv-07303-JMF-OTW Document 92 Filed 04/18/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SHANCHUN YU and RUILI JIN,
Plaintiffs,
-againstDIGUOJIAYU, INC. d/b/a DIGOU EDU, et al.,
Defendants.

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18-cv-7303 (JMF) (OTW)
ORDER

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ONA T. WANG, United States Magistrate Judge:
This matter was referred to me for an inquest following entry of a default judgment on
December 17, 2019. (ECF 71–72). On October 2, 2020, the Court ordered Plaintiffs to file, by
October 16, 2020: “(1) proposed findings of fact and conclusions of law, and (2) an inquest
memorandum setting forth proof of damages.” (ECF 73). Plaintiffs were instructed to file
documentation and/or affidavits establishing the proposed damages figures and supporting the
requested attorney’s fees and costs. (Id.) Plaintiffs were also required to serve the October 2,
2020 Order and Plaintiff’s inquest filings on the Defendants, and to file proof of service on the
docket. (Id.) Following the Court’s October 2, 2020 Order, Plaintiffs’ counsel requested (and
were granted) three extensions to the October 16, 2020 deadline due to both COVID-related
work restraints and difficulties communicating with their clients who returned to China after
their student visas were terminated. (ECF 74–79).

Case 1:18-cv-07303-JMF-OTW Document 92 Filed 04/18/22 Page 2 of 2

On March 2, 2021, Plaintiffs filed Proposed Findings of Fact and Conclusions of Law and
an Inquest Memorandum. This first filing was deficient for reasons detailed in the Court’s
March 8, 2021 Order. (ECF 82).
On January 7, 2022, Plaintiffs filed updated Proposed Findings of Fact and Conclusions of
Law and an Inquest Memorandum. This second filing is again deficient because it, inter alia: (1)
is not signed by Plaintiffs’ counsel (ECF 90 at 20); (2) does not provide supporting
documentation for attorney’s fees and costs; (3) includes exhibits without declaration(s) or
affidavit(s) attesting to their authenticity and contents; and (5) is not accompanied by proof of
service or documentation detailing Plaintiffs’ counsel’s attempts at service. Plaintiffs’ counsel
further requested a 60-day extension to obtain other necessary documents from overseas
Plaintiffs. (ECF 91). Plaintiffs must file a corrected version of their inquest by June 17, 2022.
Defendants’ opposition papers, if any, shall be filed by June 24, 2022.
Plaintiffs are ORDERED to serve this Order, ECF 90, and their January 7, 2022 filing(s) on
Defendants and to file proof of service on the docket.
SO ORDERED.

Dated: April 18, 2022
New York, New York

s/ Ona T. Wang
Ona T. Wang
United States Magistrate Judge