Summary
This District Court order executes the Ninth Circuit’s mandate in a civil lawsuit alleging sex trafficking, involuntary servitude, and forced labor. The court partially vacates a prior dismissal order to allow the plaintiff to proceed with her federal forced labor claim and related state-law claims against the defendant. Additionally, the court denies the defendant’s renewed motion for summary judgment without prejudice, refers the plaintiff’s pro se representation issues to a magistrate judge, and orders the creation of a new scheduling directive.
Topics
Practice areas
Questions Presented
- Whether the district court may consider Jiang’s renewed motion for summary judgment before the Ninth Circuit issues its mandate.
- Whether the district court must vacate the dismissal order as to Fan’s forced‑labor claim under 18 U.S.C. §1589(a)(4) and her state‑law claims.
- How the district court should address Fan’s pro se representation issue.
Holdings
- The court denied Jiang’s renewed motion for summary judgment without prejudice, holding that it lacked jurisdiction to consider the motion until the appellate mandate was issued.
- The dismissal order is vacated in part to allow Fan to proceed with her forced‑labor claim under 18 U.S.C. §1589(a)(4) for the 2015–2019 period and her state‑law claims against Jiang.
- The court refers the issue of Fan’s representation to United States Magistrate Judge Craig S. Denney for resolution.
Key quotations
“The Court will accordingly deny that motion without prejudice to refiling at an appropriate time.”
“It is therefore ordered that the Dismissal Order is vacated as it relates to Fan’s claims against Jiang, in part, and to the extent necessary to reflect that Fan may proceed with her “forced labor claim under 18 U.S.C. §1589(a)(4) for the 2015–2019 period” and her state‑law claims against Jiang.”
Factual background
Fei Fei Fan alleged that Yan Yao Jiang and his wife Wei Wu engaged in a non‑consensual sexual relationship with her that involved sex trafficking, involuntary servitude, and forced labor over many years.
Procedural history
Fan sued Jiang and Wu for sex‑trafficking, involuntary servitude, and forced‑labor claims. The district judge dismissed the claims with prejudice. Fan appealed; the Ninth Circuit partially affirmed, partially vacated, and remanded. The district court now issues an order following the mandate.