Lu, et al v. Red Koi, Inc. et al
| De Quan Lu, Dian Jin Jiang, Qi Gui Guo and Wei Qin Zhu |
| Red Koi, Inc., Lin Lin, John Does 1-10, Jane Does 1-10 and Company ABC 1-10 |
| 1:2017cv07291 |
| September 25, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E. Caproni |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
164
ORDER: IT IS HEREBY ORDERED that Dian Jin Jiang claims are dismissed with prejudice for failure to prosecute. At the hearing, Ms. You confirmed that Mr. Jiang had clearly indicated to her on at least two separate occasions that he wishes to disconti nue this lawsuit. Given Mr. Jiang's unequivocal statements, the Court finds it appropriate to dismiss his claims with prejudice. IT IS FURTHER ORDERED that De Quan Lu claims are dismissed without prejudice for failure to prosecute. At the heari ng, Ms. You confirmed that Mr. Lu has failed to respond to her repeated attempted contact, made by both phone and text message. Accordingly, the Court finds its appropriate to dismiss his claims without prejudice. IT IS FURTHER ORDERED that Wei Qin Zhu claims are dismissed without prejudice for failure to prosecute. At the hearing, Ms. You explained that she spoke with Mr. Zhu who conveyed to her that he wished to discontinue the lawsuit. Following the Courts Order to speak again with each of her clients, Ms. You reported that Mr. Zhu told her that he wanted to speak about the matter with co-Plaintiff De Quan Lu. Ms. You reports that following that conversation, Mr. Zhu failed to respond to her repeated attempts at further contact, made by both phone and text message. Accordingly, the Court finds it appropriate to dismiss Mr. Zhu's claims without prejudice. IT IS FURTHER ORDERED that by no later than Friday, June 18, 2021 at 5:00 P.M., Ms. You must file an affidavit with the C ourt that outlines her prior attempts to contact Qi Gui Guo, the remaining Plaintiff. The affidavit must include the date and time of each attempted contact and the method of attempted contact (phone call, text message, or other form of communicatio n). The Court will then determine whether it is appropriate to dismiss Mr. Guo's claims. The Clerk of Court is respectfully directed to terminate Plaintiffs De Quan Lu, Dian Jin Jiang, and Wei Qin Zhu. SO ORDERED., Wei Qin Zhu, Dian Jin Jiang and De Quan Lu terminated. (Signed by Judge Valerie E. Caproni on 4/29/2021) (ama)
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Filing
163
ORDER: IT IS HEREBY ORDERED that, in light of the new SDNY protocols, counsel for all parties must inform the Court by no later than Wednesday, June 16, 2021 at 3:00 P.M. whether all counsel that plan to appear before the Court have been fully vaccin ated against COVID-19. This notification may be made via an email to Chambers. SO ORDERED., ( Status Conference set for 6/17/2021 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/29/2021) (ama)
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Filing
160
ORDER: Based on the withdrawal of the order of reference to the undersigned, see Docket Entry No. 159, the settlement conference scheduled for June 16, 2021, is hereby cancelled. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/28/2021) (nb)
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Filing
151
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on June 16, 2021, at 10:30 a.m. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. ( Telephone Conference set for 6/16/2021 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/4/2021) (va)
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Filing
149
ORDER: IT IS HEREBY ORDERED that in line with the Court's orders at today's conference, Plaintiff's counsel must respond to Defendant Lin's interrogatories and file amended responses to Defendant Chen's interrogatories b y no later than Friday, May 14, 2021. The interrogatory responses must be verified and accompanied by an affidavit from the individual who read the interrogatory responses to Plaintiffs in their native language, swearing to the affiant' ;s competence to do so and swearing that the interrogatory responses have been fully and fairly interpreted. IT IS FURTHER ORDERED that in line with the Court's orders at today's conference, Plaintiff's counsel must produce t he requested documents to Defendants, by no later than Friday, May 14, 2021. As to any Plaintiff who does not have any documents responsive to any particular request, Plaintiffs counsel must provide a declaration certifying that she has expl ained to her clients what documents are requested and that as to those particular requests, the particular Plaintiff does not have any responsive documents. All documents produced by Plaintiffs will be subject to a protective order that they can be used only for the purpose of this lawsuit and they must be returned to the producing party at the conclusion of the lawsuit. IT IS FURTHER ORDERED that the parties must meet and confer to schedule the remote depositions. Defendant Lin an d Defendant Chen must also meet and confer on the issue of translation of Defendant Lin's notebooks. The parties are reminded that in the event of any further discovery disputes, they must follow the procedures in Rule 3(b) of the unders igned's Individual Practice Rules in Civil Cases. IT IS FURTHER ORDERED that the fact discovery deadline is adjourned to Monday June 14, 2021. IT IS FURTHER ORDERED that the next pretrial conference, currently scheduled for Friday, May 2 1, 2021 at 9:30 A.M., is adjourned to Friday, June 18, 2021, at 11:00 A.M. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171, and the security code 7291. All attendees are ad vised to mute their phones when not speaking and to self-identify each time they speak. Recording or rebroadcasting the proceeding is strictly prohibited by law. IT IS FURTHER ORDERED that a joint status letter in advance of the conference i s due no later than Thursday, June 10, 2021. The letter must include a statement of whether any party will seek expert discovery; a statement of whether any party anticipates filing a motion for summary judgment or any other motion; a stateme nt of the anticipated length of trial; a statement describing the status of any settlement discussions; any other issue that the parties would like to address at the pretrial conference; and any other information that the parties believe may assist the Court in advancing the case to settlement or trial. IT IS FURTHER ORDERED that the Court will refer the parties to their assigned Magistrate Judge for a settlement conference by separate order. IT IS FURTHER ORDERED that Plaintiff 9;s counsel must update her telephone number on ECF by no later than today, Thursday, April 29, 2021. If Plaintiff's counsel fails to correct her phone number, the Court will order Plaintiff's counsel to show cause why sanctions should not be imposed for failure to comply with a court order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/29/2021) ( Fact Discovery due by 6/14/2021., Pretrial Conference set for 6/18/2021 a 11:00 AM before Judge Valerie E. Caproni.) (ks)
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Filing
147
ORDER: IT IS HEREBY ORDERED that the parties must appear for a conference on Thursday, April 29, 2021, at 10:30 A.M. The conference will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York , New York 10007. IT IS FURTHER ORDERED that Plaintiffs' objections to Defendants' discovery request that Plaintiffs provide tax returns for the years 2014 and 2015 is OVERRULED. Plaintiffs' counsel must confer with her clients about whether they filed tax returns for the years 2014 and 2015 and come to the conference on Thursday with this information. IT IS FURTHER ORDERED that Plaintiffs' counsel must come to the Thursday conference with information about whether her clien ts have documents responsive to the list of categories counsel for Defendant Chen outlined at the telephone conference. Plaintiffs' counsel must further come to the conference prepared to discuss the issues outlined by counsel for Defendant Che n with respect to interrogatories. The Court will rule on any objections from Plaintiffs' counsel as to these issues at the conference. IT IS FURTHER ORDERED that Defendant Lin must file a letter by no later than today, Tuesday, April 27, 2021, at 7:30 P.M., listing any additional discovery disputes to be resolved at the Thursday conference. Counsel for the remaining parties must come to the conference prepared to discuss the issues identified in the letter. IT IS FURTHER ORDERED that the parties must come to the Thursday conference prepared to discuss the scheduling of depositions and Defendant Lin must be prepared to update the Court on the production and translation of Defendant Lin's notebooks. The Court encourages the part ies to try and resolve these issues before the conference. IT IS FURTHER ORDERED that any person who appears at any SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. IT IS FURTHER ORDERED that interested members of the public may attend the conference by dialing 1-888-363-4749, using the access code 3121171 and the security code 7291. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. And as set forth herein. SO ORDERED., ( Status Conference set for 4/29/2021 at 10:30 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/27/2021) (ama)
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Filing
142
ORDER: IT IS HEREBY ORDERED that all fact discovery must be complete by no later than Friday, April 16, 2021. The parties are reminded that in the event of a discovery dispute, they must follow the procedures in Rule 3(b) of the undersigneds Indi vidual Practice Rules in Civil Cases. IT IS FURTHER ORDERED that the next status conference will be held on Friday April 23, 2021, at 10:00 A.M. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171, and the security code 7291. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. Recording or rebroadcasting the proceeding is strictly prohibited by law. IT IS FURTHER ORD ERED that a joint status letter in advance of the conference is due no later than Thursday, April 15, 2021. The letter must include a statement of whether any party will seek expert discovery; a statement of whether any party anticipates filing a motion for summary judgment or any other motion; a statement of the anticipated length of trial; a statement describing the status of any settlement discussions and whether the parties would like a settlement conference; any other issue that the parties would like to address at the pretrial conference; and any other information that the parties believe may assist the Court in advancing the case to settlement or trial. IT IS FURTHER ORDERED that if, at any time, all parties want a settlemen t conference with the assigned Magistrate Judge or a referral to the Court-annexed mediation program, they may submit a joint letter requesting a referral. SO ORDERED. (Fact Discovery due by 4/16/2021, Telephone Conference set for 4/23/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/14/2021) (jca)
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Filing
140
OPINION AND ORDER: re: 124 MOTION to Dismiss filed by Ying Chen, Xiaohua Zhu. For the reasons discussed above, Defendant Zhu's Motion to Dismiss is GRANTED in its entirety, and Defendant Chens Motion to Dismiss is GRANTED in part and DEN IED in part. Inasmuch as Plaintiffs have already amended their complaint twice, the Court finds that further leave to amend would be futile. A status conference for the remaining parties in this matter is hereby scheduled for Thursday, January 14, 20 21, at 2:00 P.M. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171, and the security code 7291. All attendees are advised to mute their phones when not speaking and to self-ident ify each time they speak. Recording or rebroadcasting the proceeding is strictly prohibited by law.By no later than Friday, January 8, 2021, the remaining parties must submit a joint letter to the Court on the status of the litigation, including a de scription of the status of fact and expert discovery and whether any additional discovery needs to be completed, a statement describing the status of any settlement discussions, a statement whether any party anticipates filing future motions, and any other information the parties believe may assist the Court in advancing this case to settlement or trial. The Clerk of Court is respectfully directed to terminate Defendant Zhu. The Clerk of Court is further directed to close the open motion at docket entry 124. SO ORDERED., ( Status Conference set for 1/14/2021 at 02:00 PM before Judge Valerie E. Caproni.), Xiaohua Zhu terminated. (Signed by Judge Valerie E. Caproni on 12/29/2020) (ama)
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Filing
132
ORDER: IT IS HEREBY ORDERED THAT the remaining Defendants must answer or otherwise respond to the second amended complaint by no later than Friday, October 9, 2020. If the remaining Defendants do not comply with this deadline, Plaintiffs are directed to move for an order to show cause why default judgment should not be entered against these Defendants, in accordance with this Court's Individual Practices, by no later than Friday, October 16, 2020. SO ORDERED., Ying Chen answer due 10/9/2020; Lin Lin answer due 10/9/2020; Xiaohua Zhu answer due 10/9/2020.( Motions due by 10/16/2020.) (Signed by Judge Valerie E. Caproni on 9/30/2020) (ama)
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Filing
118
ORDER granting 117 Letter Motion to Stay. All discovery is hereby STAYED with the consent of all parties. In lieu of filing an opposition to Defendants Chen and Zhu's Rule 12(c) motion, Plaintiffs may request leave to amend their complaint pursuant to Rule 15(a)(2), if appropriate. That is, if Plaintiffs believe that Chen and Zhu's motion has identified a correctable flaw in the operative complaint, they must request leave to amend in accordance with Rule 4.F of the Court's Individual Practices, no later than February 28, 2020. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 2/20/2020) (ks)
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Filing
104
ORDER: IT IS HEREBY ORDERED that all depositions and other discovery must be completed by March 13, 2020. IT IS FURTHER ORDERED that all parties must appear for a status conference on March 13, 2020, at 10:00 A.M., in Courtroom 443 of the Thurgood Ma rshall United States Courthouse at 40 Foley Square, New York, New York 10007. One of the counseled parties must file a joint letter with the Court, stating the status of discovery, the parties' anticipated motions(if any), and the prospect for s ettlement. The counseled parties must make reasonable efforts to seek input from all pro se litigants for purposes of the joint letter. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Defendants, Xiaohua Zhu and Ying Chen, and note mailing on the docket. And as set forth herein. SO ORDERED., ( Deposition due by 3/13/2020., Discovery due by 3/13/2020., Status Conference set for 3/13/2020 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 1/06/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
98
ORDER: IT IS HEREBY ORDERED that the parties must submit a joint letter, no later than December 4, 2019, updating the Court on the progress of mediation and the status of the case, including whether the parties anticipate further efforts to resolve t his case without further litigation. If no such efforts are anticipated, the parties must propose a date in December for a status conference with the Court; the proposed conference must be on a Friday at 10:00 A.M. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Defendants, Xiaohua Zhu and Ying Chen, and note mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/26/2019) (ama) Transmission to Docket Assistant Clerk for processing.
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