Preview
FILED: NEW YORK COUNTY CLERK 09/20/2023 12:18 PM INDEX NO. 650788/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------X
In the matter of the Application of
NU Media Holdings LLC, Linyu (Ada) Hu, More
Views Inc and Dawei (David) Zhao, Index No. 650788/2023
Petitioners, Hon. Richard G. Latin
For an Order, Pursuant to Article 75 of the CPLR, NOTICE OF ENTRY OF
Disqualifying Counsel in an Arbitration Proceeding DECISION AND ORDER
-against-
Universal Processing LLC,
Respondent.
-----------------------------------------------------------------------X
PLEASE TAKE NOTICE THAT the annexed hereto is a true and correct copy of a
Decision and Order on Motion of the Supreme Court of the State of New York, County of New
York (Hon. Richard G. Latin, J.S.C.) dated on September 12, 2023, and that was entered in the
Office of the Clerk of New York County on September 15, 2023.
Dated: September 20, 2023 JIA LAW GROUP, P.C.
New York, New York Attorneys for Petitioners
By: _________________________
Thomas Hsien Chih Kung, Esq.
Richard A. Stern, Esq.
88 Pine Street, 18th Floor
New York, NY 10005
Tel.: (347) 897-6199
thomas.kung@jiaesq.com
richard.stern@jiaesq.com
1 of 4
FILED: NEW YORK COUNTY CLERK 09/20/2023 12:18 PM INDEX NO. 650788/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/20/2023
To: Attorneys for Respondent
Brinen & Associates LLC
Joshua D. Brinen, Esq.
Mark White, Esq.
90 Broad Street, Second Floor
New York, NY 10004
Tel: (212) 350-8151
jbrinen@brinenlaw.com
mwhite@brinenlaw.com
2
2 of 4
FILED: NEW YORK COUNTY CLERK 09/20/2023 12:18 PM INDEX NO. 650788/2023
NYSCEF DOC. NO. 34
33 RECEIVED NYSCEF: 09/20/2023
09/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. RICHARD LATIN PART 46M
Justice
---------------------------------------------------------------------------------X INDEX NO. 650788/2023
NU MEDIA LLC,LINYU HU, MORE VIEWS INC, DAWEI
ZHAO MOTION DATE 07/27/2023
Plaintiff, MOTION SEQ. NO. 001
-v-
DECISION + ORDER ON
UNIVERSAL PROCESSING LLC,
MOTION
Defendant.
---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 10, 11, 12, 13, 14,
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32
were read on this motion to/for DISQUALIFY COUNSEL .
Upon the foregoing documents and after oral argument was held on July 27, 2023, for the
reasons spread across the record, including, inter alia, that Brinen & Associates, LLC (“Brinen”)
drafted the operating agreements that are, at a minimum, partially at issue in the arbitration that
state, respectively, that Brinen & Associates, LLC and Joshua D. Brinen, Esq. represents Nu Media
Holdings LLC (“Nu Media”) and advise individual members of their right to retain independent
legal counsel, that Brinen is listed as Nu Media’s registered agent for service of process, that
Brinen was Nu Media’s sole counsel up until receiving the demand to arbitrate, and that the New
York Rules of Professional Conduct place limitations on attorneys from representing another party
adverse to their former client and do not define client based on who is paying their bills, Brinen is
disqualified from representing Universal Processing LLC in the underlying arbitration.
Accordingly, it is ORDERED and ADJUDGED that the petition is granted and Brinen &
Associates, LLC and Joshua D. Brinen, Esq. are disqualified from representing Universal
650788/2023 NU MEDIA LLC ET AL vs. UNIVERSAL PROCESSING LLC Page 1 of 2
Motion No. 001
1 of 4
3 2
FILED: NEW YORK COUNTY CLERK 09/20/2023 12:18 PM INDEX NO. 650788/2023
NYSCEF DOC. NO. 34
33 RECEIVED NYSCEF: 09/20/2023
09/14/2023
Processing LLC in the proceeding Universal Processing, LLC v Nu Media Holdings LLc, Linyu
(Ada) Hu, More Views Inc and Dawei (David) Zhao, AAA Case No. 01-22-0003-8016.
This constitutes the decision and judgment of the Court.
9/12/2023 $SIG$
DATE RICHARD LATIN, J.S.C.
CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION
X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
650788/2023 NU MEDIA LLC ET AL vs. UNIVERSAL PROCESSING LLC Page 2 of 2
Motion No. 001
2 of 4
4 2
Preview
FILED: NEW YORK COUNTY CLERK 09/20/2023 12:18 PM INDEX NO. 650788/2023 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X In the matter of the Application of NU Media Holdings LLC, Linyu (Ada) Hu, More Views Inc and Dawei (David) Zhao, Index No. 650788/2023 Petitioners, Hon. Richard G. Latin For an Order, Pursuant to Article 75 of the CPLR, NOTICE OF ENTRY OF Disqualifying Counsel in an Arbitration Proceeding DECISION AND ORDER -against- Universal Processing LLC, Respondent. -----------------------------------------------------------------------X PLEASE TAKE NOTICE THAT the annexed hereto is a true and correct copy of a Decision and Order on Motion of the Supreme Court of the State of New York, County of New York (Hon. Richard G. Latin, J.S.C.) dated on September 12, 2023, and that was entered in the Office of the Clerk of New York County on September 15, 2023. Dated: September 20, 2023 JIA LAW GROUP, P.C. New York, New York Attorneys for Petitioners By: _________________________ Thomas Hsien Chih Kung, Esq. Richard A. Stern, Esq. 88 Pine Street, 18th Floor New York, NY 10005 Tel.: (347) 897-6199 thomas.kung@jiaesq.com richard.stern@jiaesq.com 1 of 4 FILED: NEW YORK COUNTY CLERK 09/20/2023 12:18 PM INDEX NO. 650788/2023 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/20/2023 To: Attorneys for Respondent Brinen & Associates LLC Joshua D. Brinen, Esq. Mark White, Esq. 90 Broad Street, Second Floor New York, NY 10004 Tel: (212) 350-8151 jbrinen@brinenlaw.com mwhite@brinenlaw.com 2 2 of 4 FILED: NEW YORK COUNTY CLERK 09/20/2023 12:18 PM INDEX NO. 650788/2023 NYSCEF DOC. NO. 34 33 RECEIVED NYSCEF: 09/20/2023 09/14/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. RICHARD LATIN PART 46M Justice ---------------------------------------------------------------------------------X INDEX NO. 650788/2023 NU MEDIA LLC,LINYU HU, MORE VIEWS INC, DAWEI ZHAO MOTION DATE 07/27/2023 Plaintiff, MOTION SEQ. NO. 001 -v- DECISION + ORDER ON UNIVERSAL PROCESSING LLC, MOTION Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 were read on this motion to/for DISQUALIFY COUNSEL . Upon the foregoing documents and after oral argument was held on July 27, 2023, for the reasons spread across the record, including, inter alia, that Brinen & Associates, LLC (“Brinen”) drafted the operating agreements that are, at a minimum, partially at issue in the arbitration that state, respectively, that Brinen & Associates, LLC and Joshua D. Brinen, Esq. represents Nu Media Holdings LLC (“Nu Media”) and advise individual members of their right to retain independent legal counsel, that Brinen is listed as Nu Media’s registered agent for service of process, that Brinen was Nu Media’s sole counsel up until receiving the demand to arbitrate, and that the New York Rules of Professional Conduct place limitations on attorneys from representing another party adverse to their former client and do not define client based on who is paying their bills, Brinen is disqualified from representing Universal Processing LLC in the underlying arbitration. Accordingly, it is ORDERED and ADJUDGED that the petition is granted and Brinen & Associates, LLC and Joshua D. Brinen, Esq. are disqualified from representing Universal 650788/2023 NU MEDIA LLC ET AL vs. UNIVERSAL PROCESSING LLC Page 1 of 2 Motion No. 001 1 of 4 3 2 FILED: NEW YORK COUNTY CLERK 09/20/2023 12:18 PM INDEX NO. 650788/2023 NYSCEF DOC. NO. 34 33 RECEIVED NYSCEF: 09/20/2023 09/14/2023 Processing LLC in the proceeding Universal Processing, LLC v Nu Media Holdings LLc, Linyu (Ada) Hu, More Views Inc and Dawei (David) Zhao, AAA Case No. 01-22-0003-8016. This constitutes the decision and judgment of the Court. 9/12/2023 $SIG$ DATE RICHARD LATIN, J.S.C. CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 650788/2023 NU MEDIA LLC ET AL vs. UNIVERSAL PROCESSING LLC Page 2 of 2 Motion No. 001 2 of 4 4 2