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Ni v. HSBC Bank USA NA

Plaintiff Fails to Meet 'High Standard of Proof' to Disqualify Defendant's Counsel

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OPINION & ORDER ON MOTION TO DISQUALIFY AND FOR SANCTIONS Plaintiff Kelly Ni (“Ni”), individually and on behalf of others similarly situated, brings this action against Defendant HSBC Bank USA, N.A. (“HSBC”) for alleged violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§201 et seq. and the New York Labor Law (“NYLL”). Plaintiff has moved to disqualify counsel for HSBC, Morgan Lewis & Bockius, LLP (“Morgan Lewis”) from representing both HSBC, and one its former employees, Ni’s former branch manager Yang Vogel (“Ms. Vogel”). Plaintiff has also moved for sanctions against Morgan Lewis for alleged gamesmanship surrounding the deposition of Ms. Vogel. For the reasons set forth below, Plaintiff’s motion is DENIED in its entirety. Background The factual background of this action has been previously summarized in other opinions by the undersigned, and this opinion only recites those facts relevant to the instant motions. See Ni v. HSBC Bank USA, N.A., No. 23-CV-00309 (AS) (KHP), 2024 WL 323284, at *1 (S.D.N.Y. Jan. 29, 2024). Plaintiff Ni worked for Defendant in New York City as a Personal Banker from on or about October 7, 2019 to March 15, 2021. (First Amended Complaint (“FAC”) 34.) She worked predominantly at a Park Avenue branch, but attests she worked at other New York City branches on an as-needed basis. (ECF No. 77 Declaration of Kelly Ni, “Ni Decl.” at

1, 10.) She contends that she always worked through lunch but was not paid for that work time, which she contends equates to two-and-one half hours each week of her employment. (FAC 46; Ni Decl.

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