DUAN v. M X PAN INCORPORATED d/b/a FORMOSA SEAFOOD BUFFET

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

KUN DUAN, on his own behalf and on behalf ) of others similarly situated, ) ) Plaintiff, ) ) v. ) No. 1:22-cv-02333-RLY-KMB ) MX PAN INCORPORATED d/b/a FORMOSA ) SEAFOOD BUFFET, ) SIU WONG PING a/k/a SIUWONG PING ) a/k/a PETER PAN, ) MIN XIU DONG a/k/a MINXIU DONG, ) ) Defendants. )

ORDER ADOPTING REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

On January 30, 2025, the Magistrate Judge issued a Report and Recommendation on Plaintiff Kun Duan's Motion for Sanctions and Striking [Defendants'] Answer and Rendering Default, which the Magistrate Judge styled simply as Plaintiff's Motion for Default Judgment. Specifically, the Magistrate Judge recommended that Plaintiff's motion be granted as to Defendant MX Plan Incorporated d/b/a Formosa Seafood Buffet and denied without prejudice as to Defendants Siu Wong Ping a/k/a Siuwong Ping a/k/a Peter Pan and Min Xiu Dong a/k/a Minxiu Dong. The Magistrate Judge also recommended that Defendant Dong be ordered to compensate Plaintiff for his reasonable attorney fees and costs caused by her failure to comply with the court's Order Granting the Motion to Compel, that additional proceedings be set by separate order to review Defendant Ping's legal competency to defend this lawsuit pro se in light of his recent stroke, and that all proceedings against Defendant Ping be stayed until he is ruled competent or until a guardian ad litem is appointed as his legal representative. No objections to the Report and Recommendation have been filed. Accordingly, the court reviews it for clear error. Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). Having reviewed the Report and Recommendation and finding no clear error, the court ADOPTS the Magistrate Judge's Report and Recommendation (Filing No. 75). Plaintiff's Motion for Default Judgment (Filing No. 56) is GRANTED in part and DENIED in part. The Motion is GRANTED as to Defendant MX Pan and DENIED WITHOUT PREJUDICE as to Defendant Ping and Defendant Dong. Defendant Dong is ORDERED to pay Plaintiff's reasonable attorney fees and costs associated with her failure to comply with the court's Order Granting the Motion to Compel (Filing No. 54). As for Defendant Ping, the court shall set a competency hearing to review his competency to defend this lawsuit pro se by separate order. All proceedings against Defendant Ping are STAYED until he is ruled competent or a guardian ad litem is appointed as his legal representative. SO ORDERED this 20th day of February 2025.

( f cana —— RICHAR AL. YQUNG, JUDGE United StatesDsStrict Court Southern District of Indiana

Distribution: All ECF-registered counsel of record via email.

MX PAN INCORPORATED d/b/a FORMOSA SEAFOOD BUFFET 5998 Hollythorn Place Carmel, IN 46033

SIU WONG PING a/ka/ SIUWONG PING a/k/a PETER PAN 5998 Hollythorn Place Carmel, IN 46033

MIN XIU DONG a/k/a MINXIU DONG 5998 Hollythorn Place Carmel, IN 46033