Zhuang et al v. Double Kitchen LLC et al
| Lan Chen, Xue Mei Han, He Zhuang, Migmar Dolma, Amalyn Chariss M. Williams, Christmaster Taray Yao, Qin Jiang and Surasak Uthaithan |
| Jaeseong Ko, Yun Park, Jea Seong Ko, JNRP, Inc. and Double Kitchen LLC |
| 1:2015cv03858 |
| May 19, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronald L Ellis |
| Labor: Fair Standards |
| 29 U.S.C. § 203 |
| Plaintiff |
Docket Report
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Filing 86
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND JUDGMENT: The Court finds that final approval of the settlement fund in the amount of $167,000.00, inclusive of attorney's fees, costs and expenses, partial administration fees, service awards, and class members' awards is fair, reasonable and adequate. The Court finds that final approval of the service payment of $5,000.00 to each named Plaintiff, of which there were eight (8) is warranted. The Court finds that this amount is a reasonable and equitable incentive payment; and as further set forth herein. IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 23(g) and 54(d): The motion for Final Approval of the proposed Settlement is GRANTED. The Class Representatives are entitled to and are hereby awarded payment in the amount set out in paragraph 20, above, such amount to be paid by the Claims Administrator to the Class Representatives upon the Effective Date. Final Judgment is hereby entered in this action, consistent with the terms of the Settlement Agreement. This Action and all claims against the Defendants are hereby dismissed with prejudice, but the Court shall retain exclusive and continuing jurisdiction of the Action, all Parties, and Members of the Settlement Classes, to interpret and enforce the terms, conditions and obligations of the Settlement Agreement. IT IS SO ORDERED. (Signed by Magistrate Judge Ronald L. Ellis on 6/16/2017) (anc)
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| Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Fairness Hearing held on 4/27/2017 at 10:30 a.m. (rsh) |
| Filing 85 FIRST MEMORANDUM OF LAW in Support re: #84 FIRST MOTION for Attorney Fees incentive payments and administrator expenses. . Document filed by He Zhuang. (Attachments: #1 Exhibit Declaration of Charles Gershbaum, #2 Exhibit A to Declaration of Charles Gershbaum, #3 Exhibit Declaration of Melissa Baldwin, #4 Exhibit A-1 and A-2 to Declaration of Melissa Baldwin)(Gershbaum, Charles) |
| Filing 84 FIRST MOTION for Attorney Fees incentive payments and administrator expenses. Document filed by He Zhuang. Return Date set for 4/27/2017 at 10:30 AM.(Gershbaum, Charles) |
| Filing 83 FIRST MEMORANDUM OF LAW in Support re: #82 FIRST MOTION to Certify Class for Final approval. . Document filed by He Zhuang. (Attachments: #1 Exhibit Declaration of Charles Gershbaum, #2 Exhibit Exhibit A to Declaration of Charles Gershbaum, #3 Exhibit Declaration of Melissa Baldwin, #4 Exhibit Exhibit A-1, A-2 to Declaration of Melissa Baldwin)(Gershbaum, Charles) |
| Filing 82 FIRST MOTION to Certify Class for Final approval. Document filed by He Zhuang. Responses due by 4/27/2017 Return Date set for 4/27/2017 at 10:30 AM. (Attachments: #1 Exhibit proposed Order)(Gershbaum, Charles) |
| Notice to parties: The Claims Administrator deadline to mail, via First Class United States, the approved notice from: February 14, 2017 to February 28, 2017. Also the parties request for the retention of RG2 Claims Administrator LLC as Claims Administrator for the Class. (rsh) |
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Filing 81
ORDER granting #80 Letter Motion to Adjourn Conference. Fairness Hearing set for 4/27/2017 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
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| Filing 80 JOINT LETTER MOTION to Adjourn Conference Fairness Hearing for Approval and Final Judgment addressed to Magistrate Judge Ronald L. Ellis from Rebecca S. Predovan, Esq. dated February 13, 2017. Document filed by He Zhuang.(Predovan, Rebecca) |
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Filing 79
ORDER PRELIMINARILY APPROVING SETTLEMENT granting #75 Motion for Settlement. IT IS HEREBY ORDERED AS FOLLOWS: The terms of the Parties' Settlement Agreement are hereby preliminarily approved, subject to further consideration thereof at the Final Approval Hearing provided for below. (As further set out in the order). A Fairness Hearing for Approval and Final Judgment is scheduled for April 6, 2017 at 11:30 AM. (Signed by Magistrate Judge Ronald L. Ellis on 1/25/2017) (cla)
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| Set/Reset Hearings: Fairness Hearing set for 4/6/2017 at 11:30 AM before Magistrate Judge Ronald L. Ellis. (cla) |
| Filing 78 MEMORANDUM OF LAW in Support re: #75 JOINT MOTION for Settlement Approval of Notice of Settlement, Preliminary Approval of Joint Stipulation of Settlement and Release, Conditional Certification of Settlement Class and Appointment of Plaintiffs' Counsel as Class Counsel. . Document filed by Double Kitchen LLC, Yun Park. (Yim, Michael) |
| Filing 77 DECLARATION of Charles Gershbaum in Support re: #75 JOINT MOTION for Settlement Approval of Notice of Settlement, Preliminary Approval of Joint Stipulation of Settlement and Release, Conditional Certification of Settlement Class and Appointment of Plaintiffs' Counsel as Class Counsel.. Document filed by Double Kitchen LLC, Yun Park. (Yim, Michael) |
| Filing 76 DECLARATION of Michael D. Yim in Support re: #75 JOINT MOTION for Settlement Approval of Notice of Settlement, Preliminary Approval of Joint Stipulation of Settlement and Release, Conditional Certification of Settlement Class and Appointment of Plaintiffs' Counsel as Class Counsel.. Document filed by Double Kitchen LLC, Yun Park. (Attachments: #1 Exhibit A, #2 Exhibit B)(Yim, Michael) |
| Filing 75 JOINT MOTION for Settlement Approval of Notice of Settlement, Preliminary Approval of Joint Stipulation of Settlement and Release, Conditional Certification of Settlement Class and Appointment of Plaintiffs' Counsel as Class Counsel. Document filed by Double Kitchen LLC, Yun Park. (Attachments: #1 Text of Proposed Order)(Yim, Michael) |
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Filing 74
ORDER granting #73 Letter Motion for Extension of Time to File settlement agreement and supporting papers. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
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| Filing 73 SECOND LETTER MOTION for Extension of Time to File Settlement Agreement, Joint Stipulation of Dismissal and Memorandum in Support of Settlement addressed to Magistrate Judge Ronald L. Ellis from Rebecca S. Predovan, Esq. dated 11/22/2016. Document filed by Amalyn Chariss M. Williams.(Predovan, Rebecca) |
| Filing 72 NOTICE OF APPEARANCE by Danya Ahmed on behalf of Double Kitchen LLC, Yun Park. (Ahmed, Danya) |
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Filing 71
ORDER granting #70 Letter Motion for Extension of Time. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
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| Filing 70 LETTER MOTION for Extension of Time addressed to Magistrate Judge Ronald L. Ellis from Rebecca S. Predovan, Esq. dated November 14, 2016. Document filed by Surasak Uthaithan.(Predovan, Rebecca) |
| ENDORSED LETTER addressed to Judge Valerie E. Caproni from Saima Zuberi dated 9/23/2016 re: attorney Saima Zuberi be permitted to withdraw as counsel. ENDORSEMENT: GRANTED. (Signed by Magistrate Judge Ronald L. Ellis on 10/13/16) (Ellis, Ronald) |
| Filing 69 LETTER addressed to Judge Valerie E. Caproni from Saima Zuberi dated September 23, 2016 re: Withdraw as Counsel. Document filed by Double Kitchen LLC, Yun Park.(Zuberi, Saima) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Saima Jalal Zuberi to RE-FILE Document #67 MOTION for Saima Zuberi to Withdraw as Attorney . Use the event type Letter found under the event list Other Documents. (ldi) |
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Filing 68
ORDER granting #66 Letter Motion for Extension of Time to File settlement agreement. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald)
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| Filing 67 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Saima Zuberi to Withdraw as Attorney . Document filed by Double Kitchen LLC, Yun Park.(Zuberi, Saima) Modified on 10/12/2016 (ldi). |
| Filing 66 LETTER MOTION for Extension of Time to File (Their Settlement Agreement, Joint Stipulation of Dismissal, and Memorandum in Support of the Settlement) addressed to Magistrate Judge Ronald L. Ellis from Michael Yim dated 09/22/2016. Document filed by Double Kitchen LLC, Yun Park.(Yim, Michael) |
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Filing 65
ORDER: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, if the settlement is to take effect, the Court must first review and scrutinize the agreement to ensure that it is fair. See Cheeks v. Freeport Pancake House, Inc., 793 F.3d 199 (2d Cir. 2015); see also Wolinsky v. Scholastic Inc., No. 11 Civ. 5917, 2012 WL 2700381 (S.D.N.Y. July 5, 2012). IT IS HEREBY ORDERED that by September 23, 2016, the Parties shall submit: (1) the settlement agreement; (2) a joint Stipulation of Dismissal with Prejudice for the Court's approval; and (3) a memorandum detailing why the settlement is fair and reasonable. If the agreement contemplates attorneys' fees and costs, counsel must also explain why the fees and costs are reasonable by submitting time records, or other relevant evidence. (Signed by Magistrate Judge Ronald L. Ellis on 8/10/2016) (kko)
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| Filing 64 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Lan Chen, Migmar Dolma, Double Kitchen LLC, Xue Mei Han, Qin Jiang, Yun Park, Surasak Uthaithan, Amalyn Chariss M. Williams, Christmaster Taray Yao, He Zhuang. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ronald L. Ellis. (Signed by Judge Valerie E. Caproni on 8/8/2016) (tro) |
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Filing 63
ORDER: WHEREAS the Court has been advised that the parties have reached a settlement in this Fair Labor Standards Act case, it is hereby ORDERED: The parties may not dismiss this action with prejudice unless the settlement agreement has been approved by either the Court or the Department of Labor (DOL). See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Accordingly, to the extent the parties wish to dismiss this action with prejudice, they must either file a joint letter motion requesting that the Court approve the settlement agreement or, alternatively, provide documentation of the approval by DOL. Any letter motion, along with the settlement agreement, must be filed on the public docket within 60 days of this order. The letter motion must explain why the proposed settlement is fair and reasonable; as further set forth herein. Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012) (quoting Medley v. Am. Cancer Soc., No. 10-CV-3214(BSJ), 2010 WL 3000028, at *1 (S.D.N.Y. July 23, 2010)). The letter must also address whether there is a bona fide dispute as to the number of hours worked or the amount of compensation due. The letter shall also indicate how much of the proposed settlement plaintiff's attorney shall be seeking as fees, and shall provide a fair approximation of the number of hours plaintiff's attorneys have devoted to this case. See Cheeks, 796 F.3d at 204-06. Absent special circumstances, the Court will not approve any settlement agreement that is filed under seal or in redacted form. See id. The Second Circuit has left open for future decision whether an FLSA case may be settled without Court or DOL approval and dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). See id. at 201 n.2 ("[W]e leave for another day the question of whether parties may settle [FLSA] cases without court approval...by entering into a Rule 41(a)(1)(A) stipulation without prejudice."). If the parties wish to proceed without Court or DOL approval, they must submit a stipulation pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). Any such stipulation must be filed on the public docket within 60 days and must be accompanied by an affirmation from Plaintiff's counsel (1) stating that the Plaintiffs have been clearly advised that the settlement of this case does not preclude them from filing another lawsuit against the same Defendants and (2) affirming that the settlement agreement does not contain a release of the Defendants. See, e.g., Elfenbein v. Gulf & W. Indus., Inc., 590 F.2d 445, 449 (2d Cir. 1978) (per curiam) ("[A] dismissal without prejudice permits a new action (assuming the statute of limitations has not run) without regard to Res judicata principles." (quoting Rinieri v. News Syndicate Co., 395 F.2d 818, 821 (2d Cir. 1967)). The parties are warned that this option runs the risk that the case may be reopened in the future. In the alternative, the parties may consent to conducting all further proceedings before Magistrate Judge Ellis by completing the attached consent form by August 5, 2016, which permits Magistrate Judge Ellis to enter a final disposition in the case. As the form indicates, no adverse substantive consequences will arise if the parties choose not to proceed before Magistrate Judge Ellis. If no consent form, letter or stipulation is filed by September 20, 2016, a conference shall be held on September 30, 2016, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. ( Status Conference set for 9/30/2016 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/20/2016) (mro)
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| Filing 62 LETTER addressed to Judge Valerie E. Caproni from Rebecca S. Predovan dated July 20, 2016 re: Status. Document filed by Amalyn Chariss M. Williams.(Predovan, Rebecca) |
| Filing 61 NOTICE OF APPEARANCE by David Alan Roth on behalf of Lan Chen, Migmar Dolma, Xue Mei Han, Qin Jiang, Surasak Uthaithan, Amalyn Chariss M. Williams, Christmaster Taray Yao, He Zhuang. (Roth, David) |
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Filing 60
ORDER granting #59 Letter Motion for Extension of Time. The parties' deadline to complete fact discovery is adjourned to August 26, 2016. No later than August 18, 2016, the parties' must submit a joint letter in accordance with paragraph 10 of the Case Management Plan (Dkt. 27). The pretrial conference is adjourned from July 15, 2016 to August 26, 2016 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall United States Courthouse. The close of expert discovery is adjourned to September 30, 2016. (Signed by Judge Valerie E. Caproni on 6/13/2016) (lmb)
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| Set/Reset Deadlines: ( Expert Discovery due by 9/30/2016., Fact Discovery due by 8/26/2016.), Set/Reset Hearings:( Pretrial Conference set for 8/26/2016 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (lmb) |
| Filing 59 JOINT LETTER MOTION for Extension of Time addressed to Judge Valerie E. Caproni from Rebecca S. Predovan, Esq. dated June 10, 2016. Document filed by Amalyn Chariss M. Williams.(Predovan, Rebecca) |
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Filing 58
ORDER granting #57 JOINT LETTER MOTION to Stay addressed to Judge Valerie E. Caproni from Rebecca S. Predovan, Esq. dated April 8, 2016. Document filed by Amalyn Chariss M. Williams. Application GRANTED. The deadline for fact discovery is adjourned to July 11, 2016, and the deadline for expert discovery is adjourned to August 23, 2016. The pretrial conference previously scheduled for April 15, 2016 is adjourned to July 15, 2016, at 10:00 a.m. in courtroom 443 of the Thurgood Marshall United States Courthouse. No later than one week after mediation, the parties must file a letter notifying the Court of the outcome of the mediation. Plaintiffs' motion for conditional certification is denied, and the Court will issue its opinion on the motion if the parties do not settle the case. The Clerk of the Court is respectfully directed to close docket entry 34. So ordered. Denying #34 Motion to Certify Class. (Signed by Judge Valerie E. Caproni on 4/8/2016) (rjm)
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| Filing 57 JOINT LETTER MOTION to Stay addressed to Judge Valerie E. Caproni from Rebecca S. Predovan, Esq. dated April 8, 2016. Document filed by Amalyn Chariss M. Williams.(Predovan, Rebecca) |
| Set/Reset Deadlines: (Expert Discovery due by 8/23/2016. Fact Discovery due by 7/11/2016.), Set/Reset Hearings: (Pretrial Conference set for 7/15/2016 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (rjm) |
| Filing 56 MEMO ENDORSEMENT on re: #55 Letter re: Request for Extension of Discovery Deadline, filed by Double Kitchen LLC, Yun Park. ENDORSEMENT: The close of fact discovery is adjourned to April 11, 2016, and the close of expert discovery is adjourned to May 25, 2016. The March 11, 2016 conference is adjourned to April 15, 2016, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall United States Courthouse. No later than April 7, 2016, the parties must submit a joint letter in accordance with the Case Management Plan (Dkt. 27). (Expert Discovery due by 5/25/2016.) (Fact Discovery due by 4/11/2016.) (Pretrial Conference set for 4/15/2016 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/16/2016) (spo) |
| Filing 55 LETTER addressed to Judge Valerie E. Caproni from Michael D. Yim dated February 12, 2016 re: Request for Extension of Discovery Deadlines. Document filed by Double Kitchen LLC, Yun Park.(Yim, Michael) |
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Filing 54
ORDER granting #53 Letter Motion to Adjourn Conference. Application GRANTED. The close of fact discovery is adjourned to March 11, 2016, and the close of expert discovery is adjourned to April 25, 2016. The January 15, 2016 conference is adjourned to March 11, 2016, at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. No later than March 3, 2016, the parties must submit a joint letter in accordance with paragraph 10 of the Case Management Plan (Dkt. 27). (Pretrial Conference set for 3/11/2016 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/8/2016) (spo)
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| Set/Reset Deadlines: Expert Discovery due by 4/25/2016. Fact Discovery due by 3/11/2016. (spo) |
| Filing 53 LETTER MOTION to Adjourn Conference and Extend Discovery addressed to Judge Valerie E. Caproni from Rebecca S. Predovan dated January 7, 2016. Document filed by Amalyn Chariss M. Williams.(Predovan, Rebecca) |
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Filing 52
MEMORANDUM & ORDER denying #40 Letter Motion to Compel the Parties to Submit Arbitration Plaintiffs' Claims to the American Arbitration Association. For the foregoing reasons, Defendants' motion to compel arbitration is GRANTED, and Arbitration Plaintiffs' motion to compel arbitration is DENIED. The Court, however, GRANTS Arbitration Plaintiffs' request to toll the statute of limitation on Arbitration Plaintiffs' claims until arbitral rules, an arbitral forum, and an arbitrator have been designated. The Court respectfully directs the Clerk of the Court to close docket entry 40. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 1/4/2016) (kko) Modified on 1/4/2016 (kko).
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| Filing 51 LETTER addressed to Judge Valerie E. Caproni from Michael D. Yim dated December 4, 2015 re: Sur-Reply in Further Opposition to Plaintiffs' Motion for Conditional Class Certification. Document filed by Double Kitchen LLC, Yun Park.(Yim, Michael) |
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Filing 50
MEMO ENDORSEMENT on re: #49 LETTER addressed to Judge Valerie E. Caproni from Michael D. Yim dated November 30, 2015 re: Request for Leave to File Sur-Reply. ENDORSEMENT: Application GRANTED. Defendants must file their Sur-Reply, not to exceed three pages in length, no later than December 4, 2015. SO ORDERED. (Surreplies due by 12/4/2015.) (Signed by Judge Valerie E. Caproni on 12/1/2015) (adc)
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| Filing 49 LETTER addressed to Judge Valerie E. Caproni from Michael D. Yim dated November 30, 2015 re: Request for Leave to File Sur-Reply. Document filed by Double Kitchen LLC, Yun Park.(Zuberi, Saima) |
| Filing 48 REPLY AFFIRMATION of Charles Gershbaum in Support re: #34 MOTION to Certify Class pursuant to 29 U.S.C. 216(b).. Document filed by Amalyn Chariss M. Williams. (Attachments: #1 Exhibit supplemental declaration of named plaintiff, Amalyn Chariss M. Williams, #2 Exhibit the supplemental declaration of opt-in plaintiff, Surasak Uthaithan)(Gershbaum, Charles) |
| Filing 47 FIRST REPLY MEMORANDUM OF LAW in Support re: #34 MOTION to Certify Class pursuant to 29 U.S.C. 216(b). . Document filed by Amalyn Chariss M. Williams. (Gershbaum, Charles) |
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Filing 46
ORDER granting #45 Letter Motion for Extension of Time to File Response/Reply re #34 MOTION to Certify Class pursuant to 29 U.S.C. 216(b). Application GRANTED. Replies due by 11/27/2015. (Signed by Judge Valerie E. Caproni on 11/20/2015) (spo)
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| Filing 45 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #43 Memorandum of Law in Opposition to Motion, addressed to Judge Valerie E. Caproni from Rebecca S. Predovan, Esq. dated November 20, 2015. Document filed by Amalyn Chariss M. Williams.(Predovan, Rebecca) |
| Filing 44 LETTER RESPONSE in Support of Motion addressed to Judge Valerie E. Caproni from Rebecca S. Predovan dated November 17, 2015 re: #40 LETTER MOTION to Compel the Parties to Submit Arbitration Plaintiffs' Claims to the American Arbitration Association addressed to Judge Valerie E. Caproni from Rebecca S. Predovan, Esq. dated November 4, 2015. . Document filed by He Zhuang. (Predovan, Rebecca) |
| Filing 43 MEMORANDUM OF LAW in Opposition re: #34 MOTION to Certify Class pursuant to 29 U.S.C. 216(b). . Document filed by Double Kitchen LLC, Yun Park. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit B-4)(Zuberi, Saima) |
| Filing 42 LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Michael D. Yim dated November 13, 2015 re: #40 LETTER MOTION to Compel the Parties to Submit Arbitration Plaintiffs' Claims to the American Arbitration Association addressed to Judge Valerie E. Caproni from Rebecca S. Predovan, Esq. dated November 4, 2015. and Defendants' Cross-Motion to Compel Arbitration. Document filed by Double Kitchen LLC, Yun Park. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Zuberi, Saima) |
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Filing 41
ORDER: WHEREAS on November 4, 2015, Plaintiff filed a Motion to Compel the Parties to Submit Arbitration Plaintiffs' Claims to the American Arbitration Association (Dkt. 40); IT IS ORDERED that no later than November 13, 2015, Defendants must file a letter brief not to exceed four pages in response to Plaintiff's Motion to Compel. (Signed by Judge Valerie E. Caproni on 11/6/2015) (kl)
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| Filing 40 LETTER MOTION to Compel the Parties to Submit Arbitration Plaintiffs' Claims to the American Arbitration Association addressed to Judge Valerie E. Caproni from Rebecca S. Predovan, Esq. dated November 4, 2015. Document filed by Amalyn Chariss M. Williams. (Attachments: #1 Exhibit A)(Predovan, Rebecca) |
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time. Request GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/30/2015) (kl)
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| Set/Reset Deadlines: Responses due by 11/13/2015. (kl) |
| Filing 38 LETTER MOTION for Extension of Time to Respond to Plaintiffs' Motion for Conditional Collective Action Certification addressed to Judge Valerie E. Caproni from Michael D. Yim dated October 30, 2015. Document filed by Double Kitchen LLC, Yun Park.(Zuberi, Saima) |
| Filing 37 NOTICE OF APPEARANCE by Saima Jalal Zuberi on behalf of Double Kitchen LLC, Yun Park. (Zuberi, Saima) |
| Filing 36 DECLARATION of CHARLES GERSHBAUM in Support re: #34 MOTION to Certify Class pursuant to 29 U.S.C. 216(b).. Document filed by Amalyn Chariss M. Williams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Predovan, Rebecca) |
| Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Certify Class pursuant to 29 U.S.C. 216(b). . Document filed by Amalyn Chariss M. Williams. (Predovan, Rebecca) |
| Filing 34 MOTION to Certify Class pursuant to 29 U.S.C. 216(b). Document filed by Amalyn Chariss M. Williams.(Predovan, Rebecca) |
| Filing 33 NOTICE of Motion for Conditional Certification Pursuant to 29 U.S.C. 216(b). Document filed by Amalyn Chariss M. Williams. (Predovan, Rebecca) |
| Filing 32 MEMO ENDORSEMENT on re: #31 Letter re: Plaintiffs' Initial Disclosures, filed by Amalyn Chariss M. Williams. ENDORSEMENT: Plaintiff has provided a computation of damages and satisfied the Rule 26 Disclosure requirements. The Court will hold Defendants' request for attorneys' fees in abeyance. (Signed by Judge Valerie E. Caproni on 10/14/2015) (spo) |
| Filing 31 LETTER addressed to Judge Valerie E. Caproni from Rebecca S. Predovan dated October 9, 2015 re: Plaintiffs' Initial Disclosures. Document filed by Amalyn Chariss M. Williams. (Attachments: #1 Exhibit A)(Predovan, Rebecca) |
| Filing 30 BRIEF re: #29 Order, Set Deadlines, Add and Terminate Parties,,,,,,,,, . Document filed by Double Kitchen LLC, Yun Park.(Yim, Michael) |
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Filing 29
ORDER: IT IS HEREBY ORDERED that: No later than October 9, 2015, both parties are directed to file letter briefs not to exceed three pages, regarding whether Plaintiffs' initial disclosures pursuant to Federal Rule of Civil Procedure 26(a) include "a computation of each category of damages claimed by the disclosing party." Briefing on Plaintiffs' motion for conditional certification shall be delayed one week. Plaintiffs' motion shall be filed no later than October 23, 2015; Defendants' response shall be filed no later than November 6, 2015; and Plaintiffs' reply shall be filed no later than November 13, 2015. The Clerk of the Court is respectfully directed to terminate this action without prejudice as against Defendants Jaeseong Ko and JNRP. (Motions due by 10/23/2015., Responses due by 11/6/2015, Replies due by 11/13/2015.) JNRP, Inc. and Jaeseong Ko terminated. (Signed by Judge Valerie E. Caproni on 10/2/2015) (kl)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 10/1/2015. Re: Discovery (Brantley, Michael) |
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Filing 28
ORDER: IT IS HEREBY ORDERED that: 1. No later than October 1, 2015, Plaintiffs shall file a letter indicating whether they intend to pursue their action against Defendants Ko and JNRP and, if not, indicating why the Court should not dismiss this action as against those defendants without prejudice. 2. Plaintiffs' motion for collective certification shall be filed no later than October 16, 2015. Defendants' response shall be filed no later than October 30, 2015, and Plaintiffs' reply no later than November 6, 2015. (As is further set forth in this Order.) (Motions due by 10/16/2015.) (Responses due by 10/30/2015.) (Replies due by 11/6/2015.) (Signed by Judge Valerie E. Caproni on 9/11/2015) (spo)
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Filing 27
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 1/11/2016. Expert Discovery due by 2/25/2016. Depositions due by 2/25/2016. This case is to be tried to a jury. Pretrial Conference set for 1/15/2016 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/11/2015) (spo)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 9/11/2015. See order for scheduling and deadlines set by the Court (Court Reporter Sonia Huggins) (Brantley, Michael) |
| Filing 26 ANSWER to Complaint. Document filed by Double Kitchen LLC, Yun Park.(Yim, Michael) |
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time to Answer. Application GRANTED. (Signed by Judge Valerie E. Caproni on 9/8/2015) (spo)
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| Filing 24 FIRST LETTER MOTION for Extension of Time to September 9, 2015 addressed to Judge Valerie E. Caproni from Michael D. Yim dated September 8, 2015. Document filed by Double Kitchen LLC.(Yim, Michael) |
| Set/Reset Deadlines: Double Kitchen LLC answer due 9/9/2015. (spo) |
| Filing 23 PRE-CONFERENCE STATEMENT Proposed Civil Case Management Plan. Document filed by Surasak Uthaithan.(Predovan, Rebecca) |
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Filing 22
ORDER granting #21 Letter Motion to Stay. IT IS HEREBY ORDERED that: 1. The Arbitration Plaintiffs' claims are STAYED indefinitely pending further order of the Court. 2. No later than December 1, 2015, and continuing every three months thereafter, Defendants are directed to provide an update to the Court on the status of the arbitration proceedings as to Arbitration Plaintiffs' claims. 3. This order does not affect the claims of any other plaintiffs in this action, including Amalyn Chariss M. Williams and Surasak Uthaithan. As to those two Plaintiffs and the Defendants, all other deadlines including the September 3, 2015 deadline to submit a case management plan, the September 8, 2015 deadline to answer, move with respect to, or otherwise respond to the Complaint, and the September 11, 2015 conference remain unaffected by this Order. 4. The Clerk of the Court is respectfully directed to terminate docket entry 21. (Signed by Judge Valerie E. Caproni on 9/2/2015) (spo)
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| Filing 21 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Stay addressed to Judge Valerie E. Caproni from Rebecca S. Predovan dated September 1, 2015. Document filed by Amalyn Chariss M. Williams.(Predovan, Rebecca) Modified on 9/2/2015 (db). |
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Filing 20
ORDER terminating #13 Motion to Compel Arbitration. IT IS HEREBY ORDERED that: 1. No later September 1, 2015, Plaintiffs shall file either a notice of dismissal as to the arbitration Plaintiffs' claims, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), or a letter indicating that Plaintiffs wish to stay the claims of arbitration Plaintiffs. 2. No later than September 3, 2015, Defendants and the non-arbitration Plaintiffs are directed jointly to file a proposed Civil Case Management Plan as to the claims of the nonarbitration Plaintiffs only. A fillable version of the Civil Case Management Plan is available on the Court's website: http://nysd.uscourts.gov/judges/Caproni. 3. No later than September 8, 2015, Defendants are directed to answer, move with respect to, or otherwise respond to the claims of Plaintiff Amalyn Chariss M. Williams and opt-in Plaintiff Surasak Uthaithan. 4. The Clerk of the Court is respectfully directed to terminate docket entry 13. (Signed by Judge Valerie E. Caproni on 8/25/2015) (spo)
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| Set/Reset Deadlines: Double Kitchen LLC answer due 9/8/2015. JNRP, Inc. answer due 9/8/2015. Jaeseong Ko answer due 9/8/2015. Yun Park answer due 9/8/2015. (spo) |
| Filing 19 DECLARATION of Rebecca Predovan in Opposition re: #13 MOTION to Compel Arbitration and Stay Action Pending Arbitration.. Document filed by Amalyn Chariss M. Williams. (Attachments: #1 Exhibit A Employee Handbook, #2 Exhibit B Employee Handbook)(Predovan, Rebecca) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Compel Arbitration and Stay Action Pending Arbitration. . Document filed by Amalyn Chariss M. Williams. (Predovan, Rebecca) |
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time. Plaintiff's request for a one-week extension to collect documents already in their possession is GRANTED. No additional extensions will be granted. Defendants' deadline to file a reply brief is extended until August 28, 2015. (Signed by Judge Valerie E. Caproni on 8/6/2015) (tro)
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| Set/Reset Deadlines: Replies due by 8/28/2015. (tro) |
| Filing 16 FIRST LETTER MOTION for Extension of Time addressed to Judge Valerie E. Caproni from Rebecca Predovan dated August 6, 2015. Document filed by Lan Chen.(Predovan, Rebecca) |
| Filing 15 DECLARATION of Yun Park in Support re: #13 MOTION to Compel Arbitration and Stay Action Pending Arbitration.. Document filed by Double Kitchen LLC, Yun Park. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Yim, Michael) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Compel Arbitration and Stay Action Pending Arbitration. . Document filed by Double Kitchen LLC, Yun Park. (Yim, Michael) |
| Filing 13 MOTION to Compel Arbitration and Stay Action Pending Arbitration. Document filed by Double Kitchen LLC, Yun Park. Return Date set for 8/21/2015 at 09:30 AM.(Yim, Michael) |
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Filing 12
ORDER: No later than June 26, 2015, Defendants shall produce all necessary discovery regarding their claim that Plaintiffs have agreed to arbitrate this dispute. Additional discovery in this case is stayed pending further order of the Court. Defendants' motion to compel arbitration shall be filed no later than July 17, 2015. Plaintiffs' response shall be filed no later than August 7, 2015, and Defendants' reply no later than August 21, 2015. The parties are directed to appear for a status conference September 11, 2015, at 10:00 a.m., in Courtroom 443 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. If both parties believe that a referral to Magistrate Judge Ellis or to the Court's mediation program would be helpful, they are directed to file a joint letter to that effect. Any settlement discussions will not affect the other deadlines in this case. (Motions due by 7/17/2015., Responses due by 8/7/2015, Replies due by 8/21/2015., Status Conference set for 9/11/2015 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/19/2015) (kl)
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| Filing 11 NOTICE OF APPEARANCE by Michael D Yim on behalf of Double Kitchen LLC, Yun Park. (Yim, Michael) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 6/19/2015. See order for scheduling and deadlines set by the court. (Court Reporter Martha Drevis) (Brantley, Michael) |
| Filing 10 CONSENT TO JOIN CLASS. Document filed by Surasak Uthaithan. (Attachments: #1 Exhibit A)(Predovan, Rebecca) |
| Filing 9 LETTER addressed to Judge Valerie E. Caproni from Rebecca S. Predovan dated June 12, 2015 re: Proposed Civil Case Management Plan and Scheduling Order. Document filed by Lan Chen, Migmar Dolma, Xue Mei Han, Qin Jiang, Amalyn Chariss M. Williams, Christmaster Taray Yao, He Zhuang. (Attachments: #1 Exhibit A)(Predovan, Rebecca) |
| Filing 8 LETTER addressed to Judge Valerie E. Caproni from Rebecca S. Predovan dated June 12, 2015 re: Joint Letter. Document filed by Lan Chen, Migmar Dolma, Xue Mei Han, Qin Jiang, Amalyn Chariss M. Williams, Christmaster Taray Yao, He Zhuang.(Predovan, Rebecca) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,. JNRP, Inc. served on 6/2/2015, answer due 6/23/2015. Service was accepted by Nancy Dougherty. Document filed by Migmar Dolma; Xue Mei Han; Christmaster Taray Yao; He Zhuang; Amalyn Chariss M. Williams; Lan Chen. (Predovan, Rebecca) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. Double Kitchen LLC served on 6/2/2015, answer due 6/23/2015. Service was accepted by Heather Morigerato. Document filed by Qin Jiang; Migmar Dolma; Xue Mei Han; Christmaster Taray Yao; He Zhuang; Amalyn Chariss M. Williams; Lan Chen. (Predovan, Rebecca) |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. Jaeseong Ko served on 6/3/2015, answer due 6/24/2015. Service was accepted by Howard Collado. Document filed by Qin Jiang; Migmar Dolma; Xue Mei Han; Christmaster Taray Yao; He Zhuang; Amalyn Chariss M. Williams; Lan Chen. (Predovan, Rebecca) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint,. Yun Park served on 6/3/2015, answer due 6/24/2015. Service was accepted by Howard Collado. Document filed by Qin Jiang; Migmar Dolma; Xue Mei Han; Christmaster Taray Yao; He Zhuang; Amalyn Chariss M. Williams; Lan Chen. (Predovan, Rebecca) |
| Filing 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/19/2015 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/21/2015) (spo) |
| Filing 2 CIVIL COVER SHEET filed. (rdz) (mps). |
| Filing 1 COMPLAINT against Double Kitchen LLC, Jaeseong Ko, Yun Park. (Filing Fee $ 350.00, Receipt Number 465401125750)Document filed by Qin Jiang, Migmar Dolma, Xue Mei Han, Christmaster Taray Yao, He Zhuang, Amalyn Chariss M. Williams, Lan Chen.(rdz) (mps). |
| SUMMONS ISSUED as to Double Kitchen LLC, Jaeseong Ko, Yun Park. (rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Ronald L. Ellis is so designated. (rdz) |
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