Bi v. ABC Corp. et al
| Jin Zhi Bi |
| ABC Corp. and Qin Ju Xia |
| 3:2018cv00023 |
| January 3, 2018 |
| US District Court for the District of Connecticut |
| New Haven Office |
| XX US, Outside State |
| Alfred V. Covello |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
78
ORDER GRANTING DEFAULT JUDGMENT ON LIABILITY AND GRANTING PLAINTIFF'S MOTION TO STRIKE PLEADINGS. For the reasons stated in the attached order, it is hereby ORDERED that default judgment shall enter in favor of Bi as to defendant Xia� 39;s liability under the Fair Labor Standards Act, 29 U.S.C. §§ 206 and 207, and under the Connecticut Minimum Wage Act, Conn. Gen. Stat. §§ 31-51ii(a) and 31-60. The Court otherwise declines to grant default judgment because Bi&# 039;s allegations do not establish, as a matter of law, that Xia is liable as to Bi's remaining claims.The Court GRANTS IN PART Bi's motion for sanctions (Doc. # 71 ) to the extent that Xia's pleadings--in particular, Xia' s answer and counterclaim, see Doc. # 7 --shall be stricken from the record. To the extent Bi moves for sanctions in the form of a default judgment against Xia, that motion is DENIED IN PART AS MOOT to the extent that the Court has already gra nted default judgment on Bi's legally viable claims and is otherwise DENIED.Finally, the Court notes that Bi has not submitted any documentary materials as required to substantiate a claim for damages. Accordingly, Bi shall file on or be fore August 4, 2023 any affidavits or other materials that may be necessary to substantiate the complaint's claim for damages and the award of any costs or fees. See City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 128-29 (2d Cir. 2011); Fed. R. Civ. P. 55(b)(2). Xia shall have until August 18, 2023 to file any objection, any request for a hearing, or other response to Bi's submission with respect to the calculation of damages. In the absence of a timely response (or motion for extension of time), the Court is likely to grant and enter an award of default judgment in the amount that is properly substantiated by Bi's submission and to enter a final judgment against Xia in Bi's favor. The Court had previously scheduled jury selection and trial to begin next month in this case. In light of the entry of default judgment on liability against the plaintiff, however, the Court cancels the trial of this action.It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/21/23. (Heavenrich, S.)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Connecticut District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
