Gao v. Graceful Services, Inc. et al
| Mei Yue Gao |
| Graceful Services, Inc., Graceful II Service Inc. and Grace Macnow |
| 1:2018cv04005 |
| May 4, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Paul G. Gardephe |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
122
ORDER: The proposed joint pretrial order must be filed by October 2, 2020. The proposed joint pretrial order, to be filed on ECF, shall include the following: The full caption of the action. The names, law firms, addresses, and telephone and fax nu mbers of trial counsel. A brief statement by plaintiff as to the basis of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citation s to all statutes relied on and relevant facts as to citizenship and jurisdictional amount. All other provisions as further set forth in this order. Required Pretrial Filings. Each party shall file and serve with the joint pretrial order: In all cases, motions addressing any evidentiary issues or other matters which should be resolved in limine; In all cases where a party believes it would be useful to the Court, a pretrial memorandum of law; and In jury cases, requests to charge and proposed voir dire questions; In non-jury cases, proposed findings of fact and conclusions of law. The proposed findings of fact should be detailed and should include citations to the proffered trial testimony and exhibits, as there may be no opportunity for post-trial submissions. Filings in Opposition. Any party may file the following documents by no later than October 16, 2020: Objections to another party's requests to charge or proposed voir dire questions. Opposition to an y motion in limine. Final Pretrial Conference and Trial Schedule. The Court will separately schedule a final pretrial conference and dates for trial. So Ordered. (Pretrial Order due by 10/2/2020., Responses due by 10/16/2020) (Signed by Magistrate Judge Sarah Netburn on 8/19/2020) (js)
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Filing
114
ORDER: For reasons stated at the June 29, 2020 Status Conference, discovery shall be extended until July 31, 2020, solely to allow Defendant to take Plaintiffs deposition. On July 31, 2020, the parties shall submit a joint letter updating the Court as to the status of settlement and informing the Court as to whether a jury trial or bench trial should be scheduled. So Ordered. (Deposition due by 7/31/2020.) (Signed by Magistrate Judge Sarah Netburn on 6/30/2020) (js)
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Filing
113
STATUS CONFERENCE ORDER: A conference by telephone is scheduled for Monday, June 29, 2020, at 10:00 a.m. to discuss the status of this case. At that time, the parties should call (877) 402-9757 and enter access code 7938632 #. So Ordered. (Telephone Conference set for 6/29/2020 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 6/25/2020) (js)
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Filing
111
ORDER: In light of the close of fact discovery and the passed deadline to file any motion for summary judgment, the parties are ORDERED to meet and confer to discuss whether a settlement conference would be productive at this time. The parties shall file a status letter by June 18, 2020. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/09/2020) (ama)
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Filing
107
ORDER... Having reviewed the proposed settlement, the Court determines that it is fair and reasonable. The settlement is APPROVED, and this action is DISMISSED with prejudice as to Defendants Graceful Services, Inc., and Grace Macnow only. Defendant Graceful II Service Inc. remains. SO ORDERED., (Graceful Services, Inc. and Grace Macnow terminated.) (Signed by Magistrate Judge Sarah Netburn on 5/19/20) (yv)
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Filing
104
ORDER: Defendants' motion to enforce the settlement agreement is DENIED. For that reason, and there being no allegation that Plaintiff's actions were taken in bad faith, Defendants' motion for attorney's fees in connection with the instant motion is also DENIED. (Signed by Magistrate Judge Sarah Netburn on 2/28/2020) (ras)
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Filing
94
ORDER: It is ORDERED that Plaintiff's response to the Motion to Compel is due Monday, December 2, 2019. Defendants Graceful Services, Inc. and Grace Macnow may reply by December 9, 2019. It is furthered ORDERED that discovery as to Defendant Graceful II Service Inc. is stayed until December 2, 2019. The parties are encouraged to continue settlement negotiations during the stay. All discovery in this matter shall be completed by February 28, 2020. (Discovery due by 2/28/2020. Responses due by 12/2/2019. Replies due by 12/9/2019.) (Signed by Magistrate Judge Sarah Netburn on 11/13/2019) (ras)
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Filing
84
OPINION AND ORDER re: 46 MOTION to Dismiss of all claims against Graceful II, filed by Graceful II Service Inc. The Court DISMISSES without prejudice Gao's ADEA claims for alleged violations before August 4, 2017 (under Count X). Gao may file a second amended complaint no later than November 8, 2019, developing her theory of liability under the ADEA based on a continuing violations theory. Graceful II's motion is DENIED as to all other claims (Counts I-IX). Accordingl y, the stay of discovery as to defendant Graceful II entered by the Court's May 1, 2019 Order (ECF No. 62) is LIFTED. All parties are ORDERED to appear for a status conference on Tuesday, November 12, 2019, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 46. (Signed by Magistrate Judge Sarah Netburn on 10/22/2019) (ras)
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