Wang v. Skype Communications S.a.r.l et al

Filing 26

ORDER with respect to and denying in part 25 Motion for Reconsideration re 25 MOTION for Reconsideration re; 24 Clerk's Judgment, filed by Hao Zhe Wang. Plaintiff's argument that his Complaint pleads claims other than those raised in the arbitration below is construed liberally as a request to (1) alter the judgment under Rule 59(e) and (2) seek leave to amend. Plaintiff contends that two paragraphs in his Complaint regarding Microsoft's conduct in temporarily su spending an account unrelated to Skype raised a claim against Microsoft that was not asserted in the arbitration. The Complaint does not state a claim as to that conduct because it does not (1) seek any relief regarding the suspension of that accou nt, (2) identify what the account was or (3) specify any injury Plaintiff suffered because of the temporary suspension. Nonetheless, district courts generally grant pro se Plaintiffs the opportunity to seek leave to amend. See Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988); Perry v. Maloney, No. 21 Civ. 8039, 2021 WL 6127070, at *6 (S.D.N.Y. Dec. 27, 2021). Plaintiff shall file a letter not to exceed three pages by January 21, 2022, specifying the basis for amending the Complaint and at taching a proposed amended complaint. Plaintiff's letter shall specify with regards to the temporary suspension of service: (1) the names and titles of all relevant people; (2) a description of all relevant events, including what each defendan t did or failed to do, the approximate date and time of each event, and the general location where each event occurred, i.e., where Plaintiff was located; (3) a description of the injuries Plaintiff suffered as a result of the temporary suspension and (4) the relief Plaintiff seeks related to the temporary suspension, such as money damages, injunctive relief or declaratory relief. Defendants shall file a response to the request for leave to amend by January 28, 2022. Once Plaintiff's re quest for leave to amend and alter the judgment is briefed, the Court will rule on Plaintiff's motion for reconsideration as to the service of the motion to vacate and as to the conduct unrelated to Plaintiff's Skype account. Plaintiff� 39;s request for costs is denied without prejudice. Plaintiff shall first confer with Defendants via email regarding his request. If the parties dispute the costs, Plaintiff shall file a standalone motion for costs, attaching any relevant materials in support of his motion. Plaintiff's request for an extension of the time to file an appeal is denied. Because Plaintiff's motion for reconsideration is a Rule 59 motion seeking leave to alter the judgment, the time to file an appeal has not started to run. See Fed. R. App. P. 4(a)(4)(A). (Signed by Judge Lorna G. Schofield on 1/10/2022) (va)

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Plaintiff's argument that his Complaint pleads claims other than those raised in the arbitration below is construed
liberally as a request to (1) alter the judgment under Rule 59(e) and (2) seek leave to amend. Plaintiff contends that
two paragraphs in his Complaint regarding Microsoft's conduct in temporarily suspending an account unrelated to
Skype raised a claim against Microsoft that was not asserted in the arbitration. The Complaint does not state a claim
as to that conduct because it does not (1) seek any relief regarding the suspension of that account, (2) identify what
the account was or (3) specify any injury Plaintiff suffered because of the temporary suspension. Nonetheless,
district courts generally grant pro se Plaintiffs the opportunity to seek leave to amend. See Salahuddin v. Cuomo, 861
F.2d 40, 42 (2d Cir. 1988); Perry v. Maloney, No. 21 Civ. 8039, 2021 WL 6127070, at *6 (S.D.N.Y. Dec. 27, 2021).
Plaintiff shall file a letter not to exceed three pages by January 21, 2022, specifying the basis for amending the
Complaint and attaching a proposed amended complaint. Plaintiff's letter shall specify with regards to the temporary
suspension of service: (1) the names and titles of all relevant people; (2) a description of all relevant events, including
what each defendant did or failed to do, the approximate date and time of each event, and the general location
where each event occurred, i.e., where Plaintiff was located; (3) a description of the injuries Plaintiff suffered as a
result of the temporary suspension and (4) the relief Plaintiff seeks related to the temporary suspension, such as
money damages, injunctive relief or declaratory relief. Defendants shall file a response to the request for leave to
amend by January 28, 2022. Once Plaintiff's request for leave to amend and alter the judgment is briefed, the Court
will rule on Plaintiff's motion for reconsideration as to the service of the motion to vacate and as to the conduct
unrelated to Plaintiff's Skype account.
Plaintiff's request for costs is denied without prejudice. Plaintiff shall first confer with Defendants via email regarding
his request. If the parties dispute the costs, Plaintiff shall file a standalone motion for costs, attaching any relevant
materials in support of his motion.
Plaintiff's request for an extension of the time to file an appeal is denied. Because Plaintiff's motion for
reconsideration is a Rule 59 motion seeking leave to alter the judgment, the time to file an appeal has not started to
run. See Fed. R. App. P. 4(a)(4)(A).
Dated: January 10, 2022
New York, New York

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