Hidalgo et al v. Ichiro Sushi, Inc. et al
| Roberto Hidalgo |
| Ichiro Sushi, Inc. and Hui Chen |
| 1:2015cv00414 |
| January 20, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Richard J. Sullivan |
| Fair Labor Standards Act |
| 28 U.S.C. ยง 1331 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
182
CLERK'S JUDGMENT re: 181 Findings of Fact & Conclusions of Law. in favor of Roberto Hidalgo against New Ichiro Sushi, Inc in the amount of $ 4,568.60. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the C ourt's FINDINGS OF FACT & CONCLUSION OF LAW dated April 30, 2020, the Court concludes that New Ichiro Sushi and Juhang Wang are not liable, under a theory of successor liability, for any potential labor violations of Ichiro Sushi. Plaintiffs Kai Zhao and Jianhui Wu are not entitled to any payments from New Ichiro Sushi or Juhang Wang. Plaintiff Roberto Hidalgo is awarded $1,320.32 in overtime damages, $96 in spread of hours damages, $1,320.32 in liquidated damages, and $ 300 ($100 plus $200) in statutory damages. The Court awards prejudgment interest at the rate of nine percent (9%) per annum simple interest. The prejudgment interest should be calculated from September 27, 2014, in the amount of $ 1,531.96 for a total sum of $4,568.60. The Court sanctions the Ji Li Plaintiffs counsel for continuing to press forward with claims against the Westchester Defendants after their counsel, Mr. Xue, made a Rule 50 motion, but it reserves judgment on the amount. (Signed by Clerk of Court Ruby Krajick on 05/04/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)
|
|
Filing
181
FINDINGS OF FACT AND CONCLUSIONS OF LAW. For the reasons provided above, the Court concludes that New Ichiro Sushi and Juhang Wang are not liable, under a theory of successor liability, for any potential labor violations of Ichiro Sushi. Plaintiffs K ai Zhao and Jianhui Wu are not entitled to any payments from New Ichiro Sushi or Juhang Wang. Plaintiff Roberto Hidalgo is awarded $1,320.32 in overtime damages, $96 in spread of hours damages, $1,320.32 in liquidated damages, and 6;300 ($100 plus $200) in statutory damages. The Court awards prejudgment interest at the rate of nine percent (9%) per annum simple interest. The prejudgment interest should be calculated from September 27, 2014. The Court sanctions t he Ji Li Plaintiffs' counsel for continuing to press forward with claims against the Westchester Defendants after their counsel, Mr. Xue, made a Rule 50 motion, but it reserves judgment on the amount. The Ji Li Plaintiffs shall respond to the am ount the Westchester Defendants are seeking in sanctions within fourteen days. The Westchester Defendants may respond to the Ji Li Plaintiffs' submission seven days thereafter. The Clerk of Court is respectfully directed to enter judgment and close these cases. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/30/2020) (rjm) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing
132
MEMORANDUM OPINION & ORDER re: 119 CROSS MOTION to Dismiss the Complaint. filed by New Ichiro Sushi, Inc, 129 CROSS MOTION to Dismiss corrected and permitted leave to file the corrected Notice of Cross Motion by the Court' ;s 11/27/2017 Order, Dkt. 128. filed by New Ichiro Sushi, Inc. Accordingly, Defendant's motion is DENIED. This resolves Dkts. No. 119 and 129.3 Within fourteen days of the issuance of this Order, the parties are directed to file a joint status letter and to propose dates for a status conference. The parties should consult the Plaintiffs in the related case, Liv. Ichiro Sushi, Inc., No. 14-CV-10242, regarding proposed dates, as Plaintiffs in that case will also participate in the status conference. Counsel in this case are also ordered to meet and confer regarding settlement within fourteen days of this Order. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 9/7/2018) (cf)
|
|
Filing
58
MEMORANDUM & ORDER granting in part and denying in part 51 Motion to Dismiss for Lack of Jurisdiction. For the foregoing reasons, Defendants' motion to dismiss for inadequate service of process is GRANTED with respect to Hui Chen and DENIED with respect to Hui Ying Guo. Defendants' motion to dismiss claims accruing before September 17, 2014 against New Ichiro Sushi, Inc., is DENIED. Hidalgo is ordered to effect service on Guo, and to file proof of service on the docket, within 3 0 days of the issuance of this Memorandum and Order. Once served, Guo shall have 21 days to file an answer or otherwise respond to Hidalgo's amended complaint. New Ichiro Sushi, Inc. is ordered to file an answer no later than 14 days from the issuance of this Memorandum and Order. Finally, an initial pretrial conference is hereby scheduled for May 6, 2016, at 2:00 p.m. That conference will include the parties in this case and the parties in Liv. Ichiro Sushi, Inc., No. 14-CV-10242. This resolves Docket No. 51. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 3/29/2016) (cf) Modified on 3/29/2016 (cf).
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
