Youlin Wang v. Forensic Professional Group USA, Inc.
- Beth Freeman
- 5:20-cv-08033
- U.S. District Court · Northern District of California
- 3
In Youlin Wang v. Forensic Professionals Group USA, Judge Koh granted Wang’s preliminary injunction stopping the arbitration, conditioned on a $1,000 bond.
Youlin Wang and the respondents Richard Kahn and Forensic Professionals Group USA, Inc.; the order temporarily stopped the respondents’ Miami arbitration and required Wang to post a $1,000 bond.
What happened
In Youlin Wang v. Forensic Professionals Group USA, Inc., Youlin Wang asked the court to temporarily stop an arbitration brought by Richard Kahn and Forensic Professionals Group USA, Inc. in Miami, Florida. Wang argued that he never signed the agreements containing the arbitration clause and that Derek Longstaff had used a forged power of attorney.
The respondents had several opportunities to oppose the request but did not file an opposition. Wang argued that arbitration would cause irreparable harm, that the balance of hardships favored him, and that stopping the arbitration would serve the public interest.
Judge Lucy Koh granted Wang’s unopposed motion for a preliminary injunction. The respondents were barred from continuing the arbitration, but the injunction would take effect only after Wang posted a $1,000 bond and would last until the court decided the case’s merits or ordered otherwise.
The detailed version
- Youlin Wang v. Forensic Professional Group USA, Inc. · No. 5:20-cv-08033
- Beth Freeman
- Apr. 5, 2021
Background
Youlin Wang moved for a preliminary injunction, which is a temporary court order intended to prevent harm while a case is pending. Wang sought to stop an arbitration brought by Richard Kahn and Forensic Professionals Group USA, Inc. in Miami, Florida, identified as Case Number 01-19-0004-1076.
Wang argued that he was likely to succeed on his claims because he had not signed the agreements containing the alleged arbitration clause. According to Wang, Derek Longstaff signed those agreements using a forged power of attorney. Wang also argued that he would suffer irreparable harm by having to spend money and human resources arbitrating claims that he said were not subject to arbitration. He further argued that the balance of hardships and the public interest favored stopping the arbitration.
Failure to Oppose
The court gave the respondents repeated opportunities to oppose the motion. Kahn initially requested more time to hire local counsel and respond. After counsel appeared for Kahn and Forensic Professionals Group USA, the parties agreed to extend the opposition deadline to February 12, 2021. The respondents did not file an opposition by that deadline, and the opinion states that they still had not opposed the motion as of April 5, 2021.
Ruling
The court found that Wang had met his burden to show that a preliminary injunction should issue and granted the unopposed motion. The respondents were enjoined from continuing the arbitration in Case Number 01-19-0004-1076.
Under the order, Wang had to post a $1,000 bond with the Clerk of the Northern District of California. The bond was intended to secure payment of damages the respondents might suffer if they were later found to have been wrongfully enjoined. The injunction would take effect when Wang posted the bond and would remain in place until the court decided the merits of the case or ordered otherwise. This order addressed temporary relief and did not state a final decision on the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.