Opinion

Koon Chun Hing Kee Soy & Sauce Factory, Ltd. v. Yang

Court
District Court, E.D. New York
Filed
Nov 27, 2024
Cited by
0 cases
Authority
More cited than 33.2%

explaining in personal jurisdiction context that “failure to comply with jurisdictional discovery . . . may amount to a legal submission to the jurisdiction of the court” (internal quotation marks omitted)

How later courts described this case

  • explaining in personal jurisdiction context that “failure to comply with jurisdictional discovery . . . may amount to a legal submission to the jurisdiction of the court” (internal quotation marks omitted)
  • finding that “since the necessary jurisdictional information is in the exclusive control of the defendants, where they have failed to provide the information, plaintiffs have satisfied their burden” (cleaned up)

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

KOON CHUN HING KEE SOY &

SAUCE FACTORY, LTD.,

Plaintiff,

MEMORANDUM AND ORDER

Case No. 19-CV-2026

-against-

JESSICA YANG A/K/A YANG XIAO

GENG A/K/A JESSICA QIAO, YI Q.

ZHAN A/K/A YI QIANG ZHAN

A/K/A JIMMY ZHAN, STAR MARK

MANAGEMENT, INC., GREAT

MARK CORPORATION, GREAT

KINGSLAND, INC., G.K EXOTIC,

INC., EZ FANTASY, INC., BEAUTY

LOVER EXPRESS, INC., JOHNSON

STORAGE, INC., ZME GALAXY

CORP., J & J GLOBAL USA, INC.,

and EDMUND ZHAN,

Defendants.

For the Plaintiff: For the Defendants:

PETER SVERD T. BRYCE JONES

Law Offices of Peter Sverd, PLLC Jones Law Firm, P.C.

225 Broadway, Suite 613 1270 Avenue of the Americas

New York, NY 10007 New York, NY 10020

BLOCK, Senior District Judge:

Koon Chun Hing Kee Soy & Saucy Factory, Ltd. (“Plaintiff”) commenced

this action in 2019, seeking to impose liability for a 2010 judgment on Jessica

Yang, Yi Q. Zhan, Star Mark Management, Inc., Great Mark Corp., Great

Kingsland, Inc., G.K. Exotic, Inc., EZ Fantasy, Inc., Beauty Lover Express, Inc.,

Johnson Storage, Inc., ZME Galaxy Corp., J & J Global USA, Inc., and Edmund

Zhan (collectively, “Defendants”).

On November 4, 2022, the Court granted Plaintiff’s motion for summary

judgment on six counts, while giving Plaintiff leave to amend its complaint with

respect to two counts and dismissing the remaining counts. See Memorandum &

Order, ECF No. 72. On January 17, 2023, after Plaintiff elected not to amend its

complaint, the Court entered judgment in Plaintiff’s favor. See Judgment, ECF No.

77. Defendants G.K Exotic, Great Kingsland, J & J Global USA, and Jessica Yang

then appealed.

On appeal, the Second Circuit ordered the parties to submit supplemental

briefing concerning the Court’s subject matter jurisdiction over the case and, in

particular, the citizenship status of individual defendant Yang for purposes of

establishing alienage jurisdiction. See Order, No. 23-188 (2d Cir. Mar. 26, 2024),

ECF No. 160. In response, Defendants argued that the Plaintiff had failed to

establish the individual defendants’ citizenship status, and that there was a

consequent lack of subject matter jurisdiction. See Def.’s Supplemental Letter

Brief, No. 23-188 (2d Cir. Apr. 4, 2024), ECF No. 161. After an inconclusive oral

argument, the Second Circuit remanded the case to the district court “to determine

whether the individual defendants are United States citizens for the purpose of

establishing alienage jurisdiction.” Order of Apr. 23, 2024, ECF No. 100.

On August 1, 2024, pursuant to the Second Circuit’s mandate, the Court

issued an electronic order instructing individual defendant Yang “to file and serve

an affidavit, which may be filed under seal, attesting under penalty of perjury as to

her immigration status (citizen, lawful permanent resident, or other) in the United

States.” On August 19, 2024, the Court issued a second electronic order, noting

Yang’s non-compliance with the prior order, and again ordering her to file an

affidavit attesting to her immigration status.

To date, Defendants have refused to comply with these orders.

Consequently, the Court has been unable to determine Yang’s citizenship status.

Because the necessary information to establish Yang’s citizenship status is in

Defendants’ control, and the Defendants resisting jurisdiction have refused to

provide it, the Court may draw the adverse inference that Yang is a U.S. citizen.

See Brown v. Lockheed Martin Corp., 814 F.3d 619, 641 (2d Cir. 2016) (explaining

in personal jurisdiction context that “failure to comply with jurisdictional

discovery . . . may amount to a legal submission to the jurisdiction of the court”

(internal quotation marks omitted)); City of New York v. A-1 Jewelry & Pawn, Inc.,

247 F.R.D. 296, 312 (E.D.N.Y. 2007) (finding that “since the necessary

jurisdictional information is in the exclusive control of the defendants, where they

have failed to provide the information, plaintiffs have satisfied their burden”

(cleaned up)); see also Fed. R. Civ. P. 37(b)(2)(A)(i) (providing that when a party

does not obey a court discovery order the court may “direct[] that the matters

embraced in the order or other designated facts be taken as established for purposes

of the action”).

Accordingly, in light of Defendants’ non-compliance with multiple orders to

supply information concerning Yang’s citizenship status, the Court infers that Yang

is a U.S. citizen for purposes of establishing alienage jurisdiction in this action.

Aside from Yang, there are sufficient allegations and evidence that Plaintiff is a

Hong Kong corporation, and the remaining entity Defendants are New York

corporations, and that the requirements of diversity are satisfied. See 28 U.S.C. §

1332(a)(2).

The Court will therefore re-enter final judgment in favor of the Plaintiffs in

conformity with the Court’s prior summary judgment order and judgment. See

Judgment, ECF No. 77.

SO ORDERED.

_/S/ Frederic Block__________

FREDERIC BLOCK

Senior United States District Judge

Brooklyn, New York

November 27, 2024

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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