And then there is this: A Conditional Denial
Full docket text for document 464: ORDER FOLLOWING DEFAULT JUDGMENT HEARING: IT IS HEREBY ORDERED THAT: Class Plaintiffs' motion for default judgment is denied insofar as defendant Ming Zhao complies with the following requirements: 1. Zhao will answer the operative Complaint (Dkt. No. 352) by December 1, 2014. Zhao will not file any motion pursuant to Fed. R. Civ. P. 12; 2. The Securities Exchange Commission filed an action against Zhao on February 12, 2012, in which the SEC has not yet been able to effect service. Zhao will answer the Complaint in the SEC Action (Securities Exchange Commission v. Ming Zhao and Liping Zhu, 12-cv-01316) by December 1, 2014; 3. Zhao will reimburse Class Plaintiffs for unique expenses incurred in connection with Zhao's failure to answer or otherwise appear in this Action until November 7, 2014. Class Plaintiffs have presented Zhao's counsel with invoices in the amount of $49,427.00, incurred in conjunction with the default judgment motion. Zhao will reimburse Class Plaintiffs the amount of $49,427.99, by December 1, 2014; 4. Following service of requests for the production of documents on November 18, 2014, Zhao's counsel will personally supervise the gathering of documents for production by Zhao such that counsel can represent that, pursuant to their reasonable investigation under the Federal Rules of Civil Procedure and to the best of their knowledge, all the correct, non-privileged files have been produced to the parties to the action and that the standards that apply in an American courtroom have been adhered to; 5. Zhao will produce the substantial majority of his documents pursuant to Class Plaintiffs' First Request for the Production of Documents to Ming Zhao ("Requests") by December 16, 2014; 6. Zhao will personally attend mediation in New York City during the week of Febmary 2, 2015, or the week of Febmary 9, 2015, in an effort to settle the action; 7. Zhao will appear for a deposition in New York City, during the week of Febmary 9, 2015. Zhao's deposition will take place at least two (2) calendar days after the mediation. Class Plaintiffs' questioning of Zhao may take place over fourteen (14) hours. The fourteen hours does not include examination of Zhao by any other parties; 8. Zhao will not contest class certification, or otherwise move to decertify the class that has already been certified as to him (Dkt. No. 263); 9. Zhao will not seek to reopen depositions that have already been completed and will otherwise comply with all deadlines set forth in the Court's Scheduling Order to be entered in conjunction with the instant order; and 10. Zhao shall abide by the Stipulated Protective Order Governing Disclosure of Confidential Materials ("Protective Order") in the case (Dkt. No. 204). Should Zhao breach any of these requirements in any material respects, Class Plaintiffs shall immediately inform the Court. Should Zhao contest that he has materially breached any of the requirements, the Court will hold a (telephonic) hearing to determine whether default judgment should be entered against Zhao. No papers will be submitted in advance of the hearing, and all arguments will be made orally. So ordered. Ming Zhao answer due 12/1/2014. (Signed by Judge Denise L. Cote on 11/20/2014) (mro)