Ameriway Corporation v. Chen
- Vernon Broderick
- 1:19-cv-09407
- U.S. District Court · Southern District of New York
- 2
In Ameriway v. Chen, Judge Broderick said the appeal did not cover four pending motions and would review them unless the parties responded by May 31, 2024.
The order affects May Yan Chen, Ameriway Corporation, the other named parties, and the attorneys involved in the four pending motions. It also addresses which matters remained for the district court to review while Chen’s appeal was pending.
What happened
Ameriway Corporation v. Chen concerns the effect of May Yan Chen’s appeal on several motions still pending in the district court. Chen appealed earlier orders that dismissed her third-party complaint and denied her request to reconsider that dismissal.
The court said the appeal concerned those earlier orders but did not concern four pending motions: a motion by defendants to disqualify Ameriway’s lawyers; Ameriway’s motion to disqualify defendants’ lawyers and seek default judgment, dismissal, and attorney fees for alleged fraud on the court; Ameriway’s second motion seeking default judgment, dismissal, and attorney fees for alleged fraud on the court; and a defendants’ motion that included a request to distribute funds.
Judge Vernon S. Broderick stated that, unless the parties contacted the court by May 31, 2024, he would proceed with reviewing those motions. The order did not grant or deny any of the listed motions.
The detailed version
- Ameriway Corporation v. Chen · No. 1:19-cv-09407
- Vernon Broderick
- May 24, 2024
Background
On December 27, 2021, the court issued an opinion and order dismissing May Yan Chen’s third-party complaint. On April 9, 2024, the court denied Chen’s motion asking it to reconsider that dismissal. Chen filed a notice of appeal from both orders on May 9, 2024.
Effect of the Appeal
The court explained that filing a notice of appeal gives the appeals court authority over the parts of the case involved in the appeal and removes the district court’s control over those parts. The court determined that Chen’s appeal did not concern four pending motions:
- Defendants’ motion to disqualify Ameriway’s attorneys, Xiyan Zhang and Pete Wolfgram.
- Ameriway’s motion to disqualify defendants’ attorneys, Richard Schrier and William Shayne, and seeking default judgment, dismissal, and attorney fees for alleged fraud on the court.
- Ameriway’s second motion seeking default judgment, dismissal, and attorney fees for alleged fraud on the court.
- Defendants’ motion seeking, among other things, a disbursement of funds.
Order
The court stated that, if it did not hear from the parties by May 31, 2024, it would proceed with its review of those motions. This order did not decide any of the motions on their merits and did not state that any motion was granted or denied.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.