Lin v. Grand Sichuan 74 st Inc. et al
| Yunjian Lin |
| Grand Sichuan 74 st Inc., Grand Sichuan 75 St. Inc., Li Jiang and Guang Li Li |
| 1:2015cv02950 |
| April 15, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| Kevin Nathaniel Fox |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
336
ORDER: Second, in October, the Court already decided that Defendants are not required to submit affidavits regarding their search efforts. Dkt. No. 330. Therefore, Defendants are not required to submit an affidavit, and Plaintiffs request for an affidavit is DENIED. Therefore, discovery is now closed. The Parties shall have until April 1st to file any dispositive motions. Oppositions to any filed motions will be due by April 22nd, and any replies shall be due on May 6th. The Clerk of the Court is respectfully requested to close Dkt. Nos. 331, 332, 333, and 335. SO ORDERED. ( Motions due by 4/1/2024., Replies due by 5/6/2024., Responses due by 4/22/2024) (Signed by Magistrate Judge Jennifer E. Willis on 2/22/2024) (tg)
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Filing
334
ORDER terminating 331 Letter Motion to Compel. On October 30, 2023, the Plaintiffs filed a Motion to Compel discovery. Dkt. No. 331. On November 10th, the Defendants submitted a letter saying Plaintiffs "have not described a single documen t that remains outstanding" and that Defendants have "produced all documents in its possession." Dkt. No. 333. Since then, the Plaintiffs have not filed anything refuting Defendants' representation. By February 6th, the Parties shall meet and confer and provide a joint letter updating the Court on any outstanding discovery matters. If discovery is not complete, the Plaintiffs shall explain why they have failed to contest Defendants' letter indicating the issue was moot. The Clerk of the Court is respectfully requested to close Dkt. Nos. 333. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 2/1/2024) (tg)
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Filing
330
ORDER granting 323 Letter Motion to Compel; granting 323 Letter Motion for Extension of Time; denying 327 Letter Motion to Compel. Therefore, given that the request for an extension of discovery was made prior to the close of discovery, th e request to extend discovery is GRANTED. The new fact discovery deadline is October 31, 2023. With further discovery required, the Parties must be permitted time to file dispositive motions. Thus, the request to extend the deadline to file dispo sitive motions is also GRANTED. The Parties shall have until December 1st to file any dispositive motions. Additionally, for the purposes of completion and clarity, Defendants' letter motion "requesting that the Court reconsider a prio r ruling that previously denied Defendants' informal request to remove Miao Wang and Youmin Shen from the docket where they purport to be Plaintiffs" is DENIED as untimely. See SDNY Local Rule 6.3 ("a notice of motion for reconsid eration or reargument of a court order determining a motion shall be served within fourteen (14) days after the entry of the Court's determination of the original motion."). Finally, by November 3rd, the Parties shall inform the Court via a joint letter if they are interested in a settlement conference or a referral to mediation. The Clerk of the Court is respectfully requested to close Dkt. Nos. 323 and 327. SO ORDERED. (Motions due by 12/1/2023.) (Signed by Magistrate Judge Jennifer E Willis on 10/2/2023) (mml)
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Filing
328
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the case's reassignment. All counsel must fami liarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. It is hereby ORDERED that no later than August 15, 2023, the parties shall file on ECF a joint letter , described below, updating the Court on the status of the case. The joint letter shall not exceed five pages, and shall provide the following information in separate paragraphs: As further set forth by this Order. (Signed by Judge Jessica G. L. Clarke on 8/1/2023) (tg)
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Filing
308
ORDER denying without prejudice 303 Motion to Certify Class; denying as moot 307 Motion for Extension of Time to File Response/Reply re 303 MOTION to Certify Class Conditional FLSA Collective., 307 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 303 MOTION to Certify Class Conditional FLSA Collective. addressed to Magistrate Judge Jennifer Willis from Eric R. Stern dated January 11, 2023. For the reasons stated below, the Court denies the Motion without prejudice. As further set forth by this Order. Accordingly, the Court denies the Motion without prejudice. The Clerk of Court is directed to close docket number 307, which is denied as moot. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 1/11/2023) (tg)
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Filing
288
ORDER, Defendants Yong Li Li and Li Jiang shall move to dismiss or answer Plaintiffs' second amended complaint by May 26, 2022. Plaintiffs' reply, if any, is due June 16, 2022. All parties are directed to contact Courtroom Deputy Christo pher Davis via e-mail at WillisNYSDChambers@nysd.uscourts.gov and provide three mutually agreeable dates for an Initial Case Management Conference by May 2, 2022. Proposed dates should be in the first two weeks of June. SO ORDERED. (Li Jiang answer due 5/4/2019; Yong Li Li answer due 5/26/2022.)( Motions due by 5/26/2022., Replies due by 6/16/2022.) (Signed by Magistrate Judge Jennifer E Willis on 4/27/22) (yv)
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Filing
286
ORDER: The parties shall file a joint letter no longer than three pages by April 25, 2022 providing a status update to the Court detailing outstanding discovery issues, pending motions, and any other court dates or deadlines. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 4/18/2022) (kv)
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Filing
284
ORDER: Accordingly, the claims against Cheng Chen are hereby dismissed for lack of service. The Clerk of Court is respectfully requested to remove Chen from the caption. Cheng Chen terminated. (Signed by Judge Ronnie Abrams on 4/8/2022) (ate)
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Filing
283
ORDER: On February 21, 2022, Plaintiffs requested a 30-day extension of their deadline to serve Defendant Cheng Chen with the summons and complaint. Dkt. 281. The Court granted that request but indicated that no further extensions would be grante d absent good cause. Dkt. 282. To date, Plaintiffs have not filed proof of service upon Chen on the docket. No later than April 1, 2022, Plaintiff shall file such proof of service; otherwise, Chen will be dismissed from the case. SO ORDERED. ( Service due by 4/1/2022.) (Signed by Judge Ronnie Abrams on 3/28/2022) (rro)
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Filing
279
MEMORANDUM OPINION & ORDER: For the foregoing reasons, the default judgments against Defendants Guang Jun Li and Cheng Chen are vacated. Plaintiffs are ordered to serve Guang Jun Li and Cheng Chen with the complaint and summons in compliance with Rule 4 within 30 days or else the claims against them will be dismissed without prejudice. The Clerk of Court is respectfully directed to vacate the entry of final judgment as to all Defendants. (Signed by Judge Ronnie Abrams on 1/21/2022) (ate)
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Filing
276
MEMORANDUM OPINION & ORDER: re: 267 MOTION to Vacate 266 Clerk's Judgment (Vacate Default Judgment Pursuant to Rule 60(b) of FRCP) filed by Yong Li Li, Li Jiang, Yong Shu Li, 270 MOTION for Attorney Fees Notice of Cross Motion for At torneys' Fees and Opposition to Defendants' Motion to Vacate Default Judgment filed by Yong Jun Li, Li Weng, Wei Ting Zhao, Youmin Shen, Miao Wang, Yunjian Lin, Yuhai Zhu, Young Jun Li, Yaqiang Zhang, Wei Wei Ding. For the foregoi ng reasons, Defendants motion to vacate the default judgment is granted as to Defendants Yong Shu Li, Yong Li Li, and Li Jiang, and the claims against Yong Shu Li are further dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m) and Fed. R. Ci v. P. 41(b). Plaintiffs' request for a conditional grant of attorneys' fees is denied. No later than ten days from today, Plaintiffs shall show cause by written submission as to why the Court should not take the two sua sponte steps it has said it is inclined to take. The Court will subsequently decide the status of the non-appearing Defendants and direct the parties to confer and propose a plan for the expeditious resumption of the litigation against the appearing Defendants. Accordin gly, the Clerk of Court is respectfully directed to (1) reopen this case; (2) vacate the entry of judgment only as to Defendants Yong Shu Li, Yong Li Li, and Li Jiang; (3) terminate Defendant Yong Shu Li; and (4) terminate the motions pending at Dkts. 267 and 270. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/21/2021). *** Party Yong Shu Li terminated. (ama) Modified on 9/21/2021 (ama).
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Filing
265
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 248 Report and Recommendations. Accordingly, Plaintiffs' motion for attorneys' fees, see Dkt. 243, is granted, except that the award of attorneys' fees shall be $47,177. Plaint iffs are awarded $2,368.80 in costs. Damages are assessed as follows: (1) $191,635.80 for Lin; (2) $81,504.69 for Li; (3) $57,781.74 for Ding; (4) $53,438.81 for Weng; (5) $28,835.20 for Zhao; (6) $58,553.34 for She n; (7) $23,344.64 for Wang; (8) $81,076.72 for Zhu. For the reasons stated, Judge Fox's Report is adopted, with the modification to the amount of attorneys' fees mentioned above. The Clerk of Court is respectfully directed to ter minate the motion pending at Dkt. 243, to enter judgment against the remaining Defendants, and to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/11/2021) (kv) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
253
ORDER granting 252 Letter Motion for Extension of Time to File. Application granted. No further extensions will be granted. (Signed by Judge Ronnie Abrams on 9/8/2020) (rro)
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Filing
240
ORDER ADOPTING REPORT AND RECOMMENDATION: for 239 Report and Recommendation. Having reviewed the Report, the Court cannot conclude that it contains clear error. The Court thus adopts the Report and declines to award Plaintiffs damages at this tim e. Nonetheless, the Second Circuit has recently cautioned that, where a plaintiff submits admissible evidence of his or her damages, and such submissions contain minor deficiencies, it is appropriate to give the plaintiff "an opportunity to addr ess the minor problems [or inconsistencies] in [those materials] that the magistrate judge identified" before declining to award any damages. See Hernandez Gomez, 769 F. App'x at 3-5. Accordingly, the Court will give Plaintiffs one more opp ortunity tocure the deficiencies identified in Judge Fox's Report, and to resubmit revised Proposed Findings of Fact and Conclusions of Law, as well as accompanying exhibits and affidavits. Plaintiffs shall do so no later than July 1, 2020. If P laintiffs fail to properly submit revised Proposed Findings of Fact and Conclusions of Law and accompanying materials by July 1, 2020, the Court will dismiss this action, including for failure to prosecute pursuant to Federal Rule of Procedure 41(b). SO ORDERED. (Signed by Judge Ronnie Abrams on 6/10/2020) (ama)
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Filing
210
MEMORANDUM AND OPINION re: 165 MOTION for Default Judgment as to All Defendants. filed by Yong Jun Li, Li Weng, Wei Ting Zhao, Youmin Shen, Miao Wang, Yunjian Lin, Yuhai Zhu, Wei Wei Ding. For the foregoing reasons, Plai ntiffs' motion for default judgment is GRANTED with respect to the following claims: Counts I through IV, for Defendants' violation of the minimum wage and overtime provisions of the FLSA and NYLL, with respect to all remaining Plaint iffs; Count V, for Defendants' failure to provide spread-of-hours pay, with respect to all remaining Plaintiffs; Count VI, for Defendants' failure to provide meal periods, with respect to Plaintiffs Young Jun Li, Weiwei Ding, Li Weng, Wei ting Zhao, and Yuhai Zhu; Counts VII through IX, for Defendants' failure to provide wage notices, maintain payroll records, and provide pay stubs, with respect to all remaining Plaintiffs; and Count X, for breach of an implied contract, with respect to Plaintiffs Young Jun Li, Li Weng, Weiting Zhao, and Miao Wang. Counts XI and XII, for fraudulent filing of IRS returns and deceptive business practices, are DISMISSED without prejudice. By separate order, this matter will be referred to Magistrate Judge Fox for an inquest into damages. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 165. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/29/2019) (ks)
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Filing
155
MEMORANDUM OPINION AND ORDER: For the reasons stated above, the Court approves the parties' settlement. The Clerk of Court is instructed to, pursuant to Federal Rule of Civil Procedure 68, enter judgment in favor of Plaintiffs Yaqiang Zhang and Youmin Shen and against Defendants Aidi JC LLC, Aidi Xu, Jian Chen, and Yong Ming Chen in the amount of $8,500. Of that amount, Plaintiffs' counsel will receive $2,833.33, Plaintiff Yaqiang Zhang will receive $2,359.60, and Plaint iff Youmin Shen will receive $3,307.07. Once the Clerk of Court enters judgment pursuant to the above instructions, this Court will sign and enter the stipulation of voluntary dismissal without prejudice submitted by Plaintiffs at Dkt. 147-2. At that point, all claims as to the Aidi Defendants shall be resolved and they shall be dismissed from the case. As for the remaining Defendants, Plaintiffs shall follow the above deadlines for requesting Certificates of Default and filing their motion for default judgment. Finally, the Clerk of Court is directed to terminate Mr. Costo's appearance as to Defendant Cheng Chen for the reasons stated in footnote 1 of this Memorandum Opinion. SO ORDERED., Attorney James Roland Costo terminated. (Signed by Judge Ronnie Abrams on 7/02/2018) (ama)
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