Julie A. Su v. L & Y Food, Inc. et al
| Julie A. Su |
| L & Y Food, Inc., Moon Poultry, Inc., JRC Culinary Group, Inc., Fu Qian Chen Lu, Bruce Shu Hua Lok, Ryan Zhong Lu, A1 Meat Solutions, Inc., Lotus Plus, Inc., Lotus Poultry, Inc., Farmers Process, Inc. and Durfee Poultry, Inc. |
| 2:2024cv02606 |
| March 30, 2024 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Patricia Donahue |
| Sherilyn Peace Garnett |
| Brianna Fuller Mircheff |
| Otis D Wright |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 (a) Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.
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Filing 35
CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST ALL DEFENDANTS by Judge Sherilyn Peace Garnett. JUDGMENT IS HEREBY ENTERED, pursuant to Section 16(c) and (e) of the FLSA, in favor of the Acting Secretary as a judgment owed to the United States of America and against Defendants in the total amount of $5,108,789.00. (iv)
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Filing 34
NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: First Amended Complaint #32 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Initial Pleadings and Service - Other Complaint Filings - Amended Complaint. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv)
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FIRST AMENDED COMPLAINT amending Complaint (Attorney Civil Case Opening) #32 , filed by Plaintiff Julie A. Su. (iv)
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Filing 33
NOTICE OF LODGING filed Proposed Consent Judgment re Complaint (Attorney Civil Case Opening) #32 (Attachments: #1 Proposed Order)(Shao, Sonya)
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Filing 32
COMPLAINT No Fee Required - US Government, filed by Plaintiff Julie A. Su.(Shao, Sonya)
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Filing 31
ORDER ON JOINT STIPULATION TO EXTEND TEMPORARY RESTRAINING ORDER AND NOTIFY THE COURT OF SETTLEMENT #30 by Judge Sherilyn Peace Garnett. The Temporary Restraining Order is extended until the entry of the Consent Judgment and the Preliminary Injunction hearing will be rescheduled for the week of April 22, 2024 if a Proposed Consent Judgment is not lodged with this Court by April 17, 2024. The Temporary Restraining Order shall expire on the date of that hearing. (iv)
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Filing 30
STIPULATION for Hearing re Order on Motion for Temporary Restraining Order,,,,,, #13 filed by plaintiff Julie A. Su. (Attachments: #1 Proposed Order)(Shao, Sonya)
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Filing 29
SCHEDULING NOTICE AND ORDER by Judge Sherilyn Peace Garnett. In light of the case transfer filed at ECF No. #26 from Judge Otis D. Wright, II to Judge Sherilyn Peace Garnett, the Order to Show Cause Why Preliminary Injunction Should Not Issue [ECF No. 13] set for hearing April 15, 2024, is CONTINUED to April 17, 2024, at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 28
ORDER GRANTING APPLICATION of Non-Resident Attorney Karina Wegman-Schaaff to Appear Pro Hac Vice on behalf of Plaintiff Julie A. Su and designating Nisha Parekh as local counsel #22 by Judge Otis D. Wright, II. (lc)
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Filing 27
STANDING ORDER upon filing of the complaint by Judge Sherilyn Peace Garnett. (pg)
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Filing 26
ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 2:24-mc-00036 SPG(PDx). Case transferred from Magistrate Judge Brianna Fuller Mircheff and Judge Otis D. Wright, II to Judge Sherilyn Peace Garnett and Magistrate Judge Patricia Donahue for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:24-cv-02606 SPG(PDx). Signed by Judge Sherilyn Peace Garnett (rn)
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Filing 25
PROOF OF SERVICE Executed by Plaintiff Julie A. Su, upon Defendant Fu Qian Chen Lu served on 4/1/2024, answer due 4/22/2024; JRC Culinary Group, Inc. served on 4/1/2024, answer due 4/22/2024; L & Y Food, Inc. served on 4/1/2024, answer due 4/22/2024; Ryan Zhong Lu served on 4/1/2024, answer due 4/22/2024. Service of the Summons and Complaint were executed upon owner, agent for process of service in compliance with Federal Rules of Civil Procedure by personal service (Attachments: #1 Declaration of Manual Ontiveros, #2 Declaration of Joon Song, #3 Declaration of Nisha Parekh)(Parekh, Nisha)
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Filing 24
NOTICE OF SERVICE filed by Plaintiff Julie A. Su, re Order on Motion for Temporary Restraining Order,,,,,, #13 served on April 1, 2024. (Attachments: #1 Declaration of Nisha Parekh, #2 Declaration of Gary Liu)(Parekh, Nisha)
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Filing 23
Opposition In Opposition re: APPLICATION for Temporary Restraining Order as to Violations of the Fair Labor Standards Act #4 filed by Defendants Bruce Shu Hua Lok, Fu Qian Chen Lu, JRC Culinary Group, Inc., L & Y Food, Inc., Ryan Zhong Lu, Moon Poultry, Inc.. (McClaren, Anthony)
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Filing 22
APPLICATION of Non-Resident Attorney Karina Wegman-Schaaff to Appear Pro Hac Vice on behalf of Plaintiff Julie A. Su (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by Plaintiff Julie A. Su. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Parekh, Nisha)
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Filing 21
NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Appearance,, #20 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak)
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Filing 20
NOTICE of Appearance filed by attorney Anthony K McClaren on behalf of Defendants Bruce Shu Hua Lok, Fu Qian Chen Lu, JRC Culinary Group, Inc., L & Y Food, Inc., Ryan Zhong Lu, Moon Poultry, Inc. (Attorney Anthony K McClaren added to party Bruce Shu Hua Lok(pty:dft), Attorney Anthony K McClaren added to party Fu Qian Chen Lu(pty:dft), Attorney Anthony K McClaren added to party JRC Culinary Group, Inc.(pty:dft), Attorney Anthony K McClaren added to party L & Y Food, Inc. (pty:dft), Attorney Anthony K McClaren added to party Ryan Zhong Lu(pty:dft), Attorney Anthony K McClaren added to party Moon Poultry, Inc.(pty:dft))(McClaren, Anthony)
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Filing 19
DECLARATION OF SERVICE filed by Plaintiff Julie A. Su, re Civil Cover Sheet (CV-71) #2 , Summons Request, #3 , Order on Motion for Temporary Restraining Order,,,,,, #13 , APPLICATION for Temporary Restraining Order as to Violations of the Fair Labor Standards Act #4 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #7 , Summons Request, #11 , Service of Summons and Complaint Returned Executed (21 days), #14 , Summons Issued (Attorney Civil Case Opening) #12 served on April 1, 2024 and April 2, 2024. (Parekh, Nisha)
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Filing 18
PROOF OF SERVICE Executed by Plaintiff Julie A. Su, upon Defendant Bruce Shu Hua Lok served on 4/1/2024, answer due 4/22/2024. Service of the Summons and Complaint were executed upon Pai Wing, father of Defendant Bruce Shu Hua Lok in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy (Parekh, Nisha)
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Filing 17
NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minutes of In Chambers Order/Directive - no proceeding held,, 16 Docketed on this case in error, no attachment nor notice of electronic filing should have been under 2:24cv1105 ODW Yu vs Radel. (lc)
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Filing 15
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR Motions for summary judgment and any other evidence-heavy motions. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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Filing 16
(SEE CLERICAL ERROR DOCKET NO. 17) RE Minutes of In Chambers Order/Directive - no proceeding held Docket no. 16 Docketed on this case in error, no attachment nor notice of electronic filing - should have been under 2:24cv1105 ODW Yu vs Radel. (lc).
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Filing 14
PROOF OF SERVICE Executed by Plaintiff Julie A. Su, upon Defendant Moon Poultry, Inc. served on 4/1/2024, answer due 4/22/2024. Service of the Summons and Complaint were executed upon Ruby Monticel, agent (receptionist) for law firm Lim Nexus LLP, representing Moon Poultry, Inc. in compliance with California Code of Civil Procedure by personal service (Parekh, Nisha)
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Filing 13
ORDER GRANTING TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHYPRELIMINARY INJUNCTION SHOULD NOT ISSUE #4 by Judge Otis D. Wright, II: Accordingly, and in light of the immediacy of irreparable harm identifiedabove, the Court GRANTS Plaintiff's ex parte application for a temporary restraining order. (ECF No. 4.) The Court ENJOINS Defendants as follows: Defendants shall not employ oppressive child labor, as defined in29 U.S.C. 203(1), in violation of Sections 12(c) and 15(a)(4) of the Fair Labor Standards Act (SEE DOCUMENT FOR ALL SPECIFIC COMPLIANCE REQUIREMENTS AND DEADLINES) AS ENUMERATED HEREIN). The Court ORDERS that NO security bond is required under Rule 65(c). IT IS FURTHER ORDERED that Defendants SHOW CAUSE on April 15, 2024, at 10:00 a.m., in the courtroom of the Honorable Otis D. Wright, II, located in Courtroom 5D at 350 W. 1st Street, Los Angeles, California 90012, why the Court should not issue a preliminary injunction enjoining Defendants from further violations of the FLSA. IT IS FURTHER ORDERED that, should Defendants wish to submit an opposition brief in advance of the hearing on the Order to Show Cause, they must do so on or before April 5, 2024. Plaintiff shall not file any responsive pleadings but may address any arguments raised in Defendants supplemental opposition at the hearing. IT IS FURTHER ORDERED that Plaintiff serve Defendants with this Order and all documents in this case no later than April 2, 2024. This Order may be served on Defendants by Wage and Hour Division employees. (lc)
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Filing 12
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Bruce Shu Hua Lok, Fu Qian Chen Lu, JRC Culinary Group, Inc., L & Y Food, Inc., Ryan Zhong Lu, Moon Poultry, Inc. (car)
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Filing 11
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , APPLICATION for Temporary Restraining Order as to Violations of the Fair Labor Standards Act #4 filed by Plaintiff Julie A. Su. (Attachments: #1 Ryan Zhong Lu Request for Summons, #2 Fu Qian Chen Lu Request for Summons, #3 Moon Poultry, Inc. Request for Summons, #4 L & Y Food, Inc. Request for Summons, #5 JRC Culinary Group, Inc. Request for Summons)(Parekh, Nisha)
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Filing 10
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Karina Wegman-Schaaff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car)
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Filing 9
NOTICE of Related Case(s) filed by Plaintiff Julie A. Su. Related Case(s): 2:24-mc-00036-SPG-PD (Parekh, Nisha)
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Filing 8
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, #3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car)
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Filing 7
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Brianna Fuller Mircheff. (car)
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Filing 4
APPLICATION for Temporary Restraining Order as to Violations of the Fair Labor Standards Act filed by Plaintiff Department of Labor. Application set for hearing on 4/5/2024 at 10:00 AM before Judge Unassigned. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Declaration of Manuel Ontiveros and Exh. 1, #4 Declaration of Sonya Shao and Exhs. 2, 3, #5 Declaration of Kimchi Bui and Exhs. 4-10, #6 Declaration of Marie Koshkarian, #7 Declaration of Michael Eastwood) (Parekh, Nisha)
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Filing 3
Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Department of Labor. (Attachments: #1 Ryan Zhong Lu Request for Summons, #2 Fu Qian Chen Lu Request for Summons, #3 Moon Poultry, Inc. Request for Summons, #4 L & Y Food, Inc. Request for Summons, #5 JRC Culinary Group, Inc. Request for Summons)(Parekh, Nisha)
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Department of Labor. (Parekh, Nisha)
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Filing 1
COMPLAINT No Fee Required - US Government, filed by Plaintiff Department of Labor. (Attorney Nisha Parekh added to party Department of Labor(pty:pla))(Parekh, Nisha)
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