Wang v. Shun Lee Palace Restaurant, Inc.
- Vernon Broderick
- 1:17-cv-00840
- U.S. District Court · Southern District of New York
- 2
In Wang v. Shun Lee Palace Restaurant, Judge Broderick granted plaintiffs 60 more days to seek substitution for deceased plaintiff Weijun Zhen.
The plaintiffs, particularly the estate-related substitution process for deceased plaintiff Weijun Zhen; the defendants were affected by the extended deadline for that motion.
What happened
In Wang v. Shun Lee Palace Restaurant, the plaintiffs asked for more time to replace Weijun Zhen, who had died, with a legally authorized representative of his estate. They said the Queens County Surrogate’s Court had not finished processing the estate-administration papers needed for the substitution request.
The deadline to file the substitution motion was December 29, 2023, 90 days after the filing of a notice of Zhen’s death. The plaintiffs asked to move that deadline to February 27, 2024, explaining that the Surrogate’s Court had requested additional documents.
Judge Broderick granted the application, extending the deadline by 60 days, from December 29, 2023, to February 27, 2024. The order addressed only the timing of the substitution motion, not the underlying claims.
The detailed version
- Wang v. Shun Lee Palace Restaurant, Inc. · No. 1:17-cv-00840
- Vernon Broderick
- Jan. 10, 2024
Background
The plaintiffs’ counsel requested a 60-day extension to file a motion substituting a representative for plaintiff Weijun Zhen, who had died. The filing states that a suggestion of Zhen’s death was filed on September 30, 2023. Under Federal Rule of Civil Procedure 25(a)(1), the stated deadline for a substitution motion was December 29, 2023.
The plaintiffs’ counsel explained that the plaintiffs had petitioned the Queens County Surrogate’s Court for letters of administration for Zhen’s widow, Xiao Xu Li. Those letters would provide the authority needed for the substitution motion. According to the filing, the Surrogate’s Court had not completed its review and had recently requested additional documents. Counsel therefore requested an extension to February 27, 2024.
Legal standard
The filing cited Federal Rule of Civil Procedure 6(b), which allows a court to extend a deadline when the requesting party shows cause. It also cited Rule 25(a)(1), which governs substitution after a party’s death.
Ruling
The application was granted. The deadline to file the motion to substitute for Weijun Zhen was extended by 60 days, from December 29, 2023, to February 27, 2024. The order did not decide the underlying claims in the case.
Scope and record note
The provided text is principally a letter from plaintiffs’ counsel bearing the notation “Application Granted.” Its footer refers to “Weng v. Shun Lee Palace Restaurant Inc.,” while the supplied case name is “Wang v. Shun Lee Palace Restaurant, Inc.”
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