Minutes | Filed: October 14, 2026
| Entered: October 14, 2026
Au v. Marshalls of MA, Inc. et al
Civil Rights: Jobs | New York Eastern
Status Conference
Minute Entry and Order: A telephonic Status Conference was held on 10/14/2026 before Magistrate Judge Taryn A. Merkl. Appearances by Tiffany Troy for Plaintiff and Kevin K. Yam for Defendants Marshalls of MA, Inc., The TJX Companies, Inc., and Patrick Diaz (the "Marshalls Defendants"). No appearance by Defendant Stephen Cheung.
Discussion held regarding case status and discovery. The Court is in receipt of Plaintiff's Status Report 82 and the Marshalls Defendants' Status Report 83 . Plaintiff and the Marshalls Defendants represented that they are planning to meet and confer to resolve outstanding discovery disputes, although their progress has been impeded by Defendant Cheung's lack of participation in the discovery process. Plaintiff represented that Defendant Cheung has failed to comply with the Court's 8/11/2026 Order to provide documents and responses to Plaintiff's discovery requests, and has also failed to provide his availability for a deposition in October after receiving his work schedule in early October. See 8/11/2026 ECF Min. Entry & Order (directing Defendant Cheung to provide documents and responses to Plaintiff's discovery requests by 9/11/2026 and to provide his availability for a deposition in October). The Court denied without prejudice Plaintiff's request to hold Defendant Cheung in default as premature at this stage.
Defendant Cheung is reminded that a defendant's abandonment of its defense and failure to follow court orders permits the Court to enter appropriate sanctions. See Fed. R. Civ. P. 16(f)(C) (allowing the court to "issue any just orders," including those authorized by Rule 37(b)(2)(A)(ii)-(vii), where a party "fails to obey a scheduling or other pre-trial order"); see also Motown Rec. Co., L.P. v. Motown Beverage Co. of Ohio, 165 F.3d 14 (2d Cir. 1998) (unpublished). Federal Rule of Civil Procedure 37(b)(2) expressly provides for a range of sanctions, including but not limited to "prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters into evidence," striking the pleadings, and "rendering a default judgment against the disobedient party." Fed. R. Civ. P. 37(b)(2)(A)(ii), (iii), (vi). Furthermore, Federal Rule of Civil Procedure 37(d)(3) expressly provides that the Court may order the full range of sanctions authorized by Rule 37(b)(2)(A)(i)-(vi) against a party who fails to sit for their own deposition. In addition, the Court may require the party failing to act to pay the reasonable expenses, including attorney's fees, caused by their failure. Fed. R. Civ. P. 37(d)(3). Defendant Cheung is directed to provide his availability for a deposition in October or November to the other parties by 10/21/2026. By 10/30/2026, Defendant Cheung is further directed to to respond to Plaintiff's discovery demands, which were provided to him at the conference on August 11, 2026. Defendant Cheung is respectfully directed to comply with this Court's order at risk of the Court imposing sanctions for his failure to participate in discovery. Continued failures to participate in this case may result in Defendant Cheung being found to be in default.
The Clerk of Court is respectfully directed to mail a copy of this Order and the full docket sheet to Defendant Stephen Cheung at 77-30 169th Street Fresh Meadows, NY 11366. Ordered by Magistrate Judge Taryn A. Merkl on 10/14/2026. (Cisco Log #2:40-2:53.) (CFL)