Lu et al v. Diamond Nail Salon, LLC et al
| Maria Olga Lliguicota and Shangming Lu |
| Gui Biao Qi, Elaine Bao, Diamond Nail Salon, LLC, Leo Qi, Ellen Bao, Helen Bao, Jose Rojas, Diamond Nail Salon, LLC doing business as Diamond Nail & Spa, Guibiao Qi, GREENWICH DIAMOND NAILS & SPA INC. doing business as Diamond Nail & Spa, Ying Bao, GREENWICH NAILS & SPA, LLC doing business as Diamond Nail & Spa, Elaine Ying Bao, Elaine Y Bao and JOSE F. ROJAS |
| 3:2019cv02017 |
| December 29, 2019 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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Filing 41
Letter MOTION by Maria Olga Lliguicota, Shangming Lu re #36 First MOTION to Certify Class Motion for Conditional Collective Class Certification, #35 Amended Complaint, Letter Motion Withdrawing the ECF filings with Dkt. Nos. #35 and #36 made on December 28, 2020 (Troy, John) Modified on 12/30/2020 to correct event (Fazekas, J.).
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Filing 40
Memorandum in Support re #38 MOTION to Certify Class Conditional Certification Pursuant to the Fair Labor Standards Act filed by Maria Olga Lliguicota, Shangming Lu. (Troy, John)
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Filing 39
AFFIDAVIT re #38 MOTION to Certify Class Conditional Certification Pursuant to the Fair Labor Standards Act Signed By John Troy filed by Maria Olga Lliguicota, Shangming Lu. (Attachments: #1 Exhibit Complaint, #2 Exhibit Amended Complaint, #3 Exhibit Proposed Notice of Pendency and Consent to Join, #4 Exhibit Proposed Publication Order, #5 Exhibit Affidavit of Lu in support of MCCC, #6 Exhibit Affidavit of Lliguicota in support of MCCC, #7 Exhibit Summary Table)(Troy, John)
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Filing 38
MOTION to Certify Class Conditional Certification Pursuant to the Fair Labor Standards Act by Maria Olga Lliguicota, Shangming Lu.Responses due by 1/19/2021 (Troy, John)
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Filing 37
AMENDED COMPLAINT against Diamond Nail Salon, LLC, ELAINE BAO, GREENWICH DIAMOND NAILS & SPA INC., GREENWICH NAILS & SPA, LLC, GUI BIAO QI, JOSE F. ROJAS, filed by Maria Olga Lliguicota, Shangming Lu.(Troy, John)
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Filing 36
First MOTION to Certify Class Motion for Conditional Collective Class Certification by Maria Olga Lliguicota, Shangming Lu.Responses due by 1/18/2021 (Attachments: #1 Affidavit Declaration of John Troy in support of MCCC, #2 Exhibit Complaint, #3 Exhibit Amended Complaint, #4 Text of Proposed Order Notice of Pendency and Consent to Join, #5 Text of Proposed Order Proposed Publication Order, #6 Affidavit Affidavit of Lu in support of MCCC, #7 Affidavit Affidavit of Lliguicota in support of MCCC, #8 Exhibit Summary Table, #9 Memorandum in Support Motion for Conditional Certification under FLSA)(Schweitzer, Aaron)
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Filing 35
AMENDED COMPLAINT First Amended Complaint against Diamond Nail Salon, LLC, GREENWICH NAILS & SPA, LLC, GREENWICH DIAMOND NAILS & SPA INC., GUI BIAO QI, ELAINE BAO, JOSE F. ROJAS, filed by Shangming Lu, Maria Olga Lliguicota.(Schweitzer, Aaron)
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Filing 34
Memorandum in Opposition re #33 Interim MOTION for Reconsideration re Order Denying Motion to Dismiss as Moot and Cross Motion to Amend Complaint filed by Maria Olga Lliguicota, Shangming Lu. (Attachments: #1 Affidavit Declaration of John Troy in Opposition to Motion for Reconsideration, #2 Exhibit Amended Complaint (redlined), #3 Exhibit Amended Complaint (clean), #4 Exhibit Greenwich Diamond Nails & Spa Inc. entity information)(Troy, John)
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Filing 33
Interim MOTION for Reconsideration re Order Denying Motion to Dismiss as Moot and Cross Motion to Amend Complaint by Elaine Bao, Diamond Nail Salon, LLC, Gui Biao Qi, Jose Rojas. (Chan, Paulus)
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Filing 32
ORDER granting #29 Motion for Order; denying as moot #23 Motion to Dismiss for Lack of Jurisdiction. Plaintiffs' Cross-Motion to Amend Complaint is GRANTED as unopposed. Defendants' Motion to Dismiss is DENIED as moot. Signed by Judge Victor A. Bolden on 10/23/2020. (Shaffer, Chelsea)
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Filing 31
ORDER. No sanctions will be imposed for the late filing of the Rule 26(f) report. Signed by Judge Victor A. Bolden on 10/7/2020. (Shaffer, Chelsea)
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Filing 30
NOTICE by Maria Olga Lliguicota, Shangming Lu Written Statement Regarding Why Sanctions Should Not Be imposed For Parties Failure to Comply With Rule 26(f) (Troy, John)
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Filing 29
MOTION FOR ORDER - by Maria Olga Lliguicota, Shangming Lu re #25 Memorandum in Opposition to Motion, #23 MOTION to Dismiss for Lack of Jurisdiction , for failure to state a claim and for lack of justiciability Plaintiffs Letter Requesting to Grant Plaintiffs Cross-Motion to Amend Complaint as Unopposed and Deny Defendants Motion to Dismiss in its entirety as Moot (Attachments: #1 Exhibit Proposed Order)(Troy, John) Modified on 10/5/2020 to correct event (Fazekas, J.).
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Filing 28
Set/Reset Deadlines as to, NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. The Court hereby adopts the following pre-trial scheduling order: Initial Disclosures are to be served by October 9, 2020;Plaintiffs' and Defendants' damages analyses due by October 9, 2020;Plaintiff's motions to join additional parties are to be filed by December 11, 2020; Plaintiffs and Defendants motions to amend the pleadings are to be filed by December 11, 2020;Discovery is to be completed by April 9, 2021; Post-Discovery Telephonic Status Conference will be held on April 15, 2021 at 10:00 a.m.;Any motion for class certification under Fed.R.Civ. 23 is to be filed by June 18, 2021;Dispositive motions are to be filed by June 11, 2021; any responses to dispositive motions are to be filed by July 9, 2021; and any replies to any responses to dispositive motions are to be filed by July 23, 2021; The Joint Trial Memorandum shall be due by November 5, 2021, which must include, among other things, any motions in limine; any responses to motions in limine are to be filed by November 19, 2021; and replies to responses to motions in limine are to be filed by December 3, 2021; The final pre-trial conference will be held on January 5, 2022 at 10:00 a.m.; Jury selection on January 10, 2022 at 9:00 a.m. (Tisdale, I.)
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Filing 27
Joint REPORT of Rule 26(f) Planning Meeting. (Troy, John)
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Filing 26
26(f) NOTICE: The Court has reviewed the file in this case to monitor the parties compliance with Local Rule 26(f). Local Rule 26(f) provides that, within 30 days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within 14 days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties must file on or before : 10/6/2020, (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 9/22/2020.(Perez, J.)
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Set Deadlines: Rule 26 Meeting Report due by 10/6/2020. (Perez, J.)
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Filing 25
Cross Memorandum in Opposition re #23 MOTION to Dismiss for Lack of Jurisdiction , for failure to state a claim and for lack of justiciability filed by Maria Olga Lliguicota, Shangming Lu. (Troy, John)
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Filing 24
REPLY to Response to #10 MOTION for Prejudgment Remedy filed by Maria Olga Lliguicota, Shangming Lu. (Troy, John)
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Set Deadlines: Rule 26 Meeting Report due by 9/21/2020 (Perez, J.)
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Filing 23
MOTION to Dismiss for Lack of Jurisdiction , for failure to state a claim and for lack of justiciability by Elaine Bao, Diamond Nail Salon, LLC, Gui Biao Qi, Jose Rojas.Responses due by 8/28/2020 (Attachments: #1 Memorandum in Support Memo of Law in Support, #2 Exhibit Exhibit A in Support of Motion to Dismiss)(Chan, Paulus)
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Filing 22
Memorandum in Opposition re #10 MOTION for Prejudgment Remedy filed by Elaine Bao, Diamond Nail Salon, LLC, Gui Biao Qi, Jose Rojas. (Chan, Paulus)
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Filing 21
NOTICE of Appearance by Paulus Chan on behalf of Elaine Bao, Diamond Nail Salon, LLC, Gui Biao Qi, Jose Rojas (Chan, Paulus)
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Filing 20
ANSWER to #1 Complaint, with Affirmative Defenses by Elaine Bao, Diamond Nail Salon, LLC, Gui Biao Qi. (Attachments: #1 Envelope)(Fazekas, J.)
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Filing 19
CERTIFICATE OF SERVICE by Maria Olga Lliguicota, Shangming Lu re #10 MOTION for Prejudgment Remedy , #12 Memorandum in Support of Motion, #11 Affidavit,,,,, (Troy, John)
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Filing 18
SUMMONS Returned Executed by Shangming Lu, Maria Olga Lliguicota. Elaine Bao served on 6/17/2020, answer due 7/8/2020; Diamond Nail Salon, LLC served on 6/17/2020, answer due 7/8/2020; Gui Biao Qi served on 6/17/2020, answer due 7/8/2020; Jose Rojas served on 6/17/2020, answer due 7/8/2020. (Troy, John)
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Filing 17
ORDER granting #16 Motion for Extension of Time until July 15, 2020 for Plaintiffs to serve the Summons and Complaint on Defendants. Signed by Judge Victor A. Bolden on 5/5/2020. (Leon, Noel)
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Filing 16
Second MOTION for Extension of Time until July 15, 2020to Serve Summons with Complaint and General Order upon Defendants by Maria Olga Lliguicota, Shangming Lu. (Attachments: #1 Exhibit Email Correspondence with Marshal Lombardi)(Troy, John)
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Filing 15
DEMAND for Trial by Jury by Maria Olga Lliguicota, Shangming Lu. (Troy, John)
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Filing 14
ORDER granting #13 Motion for Extension of Time until April 30, 2020 for Plaintiffs to serve the Summons and Complaint upon Defendants. Signed by Judge Victor A. Bolden on 3/19/2020. (Leon, Noel)
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Filing 13
First MOTION for Extension of Time until April 30, 2020 Service of Summons and Complaint on All Defendants (Defendants' Nail Salon had Notice that its Business was closed for 2 Weeks due to COVID-19) #6 Electronic Summons Issued, by Maria Olga Lliguicota, Shangming Lu. (Attachments: #1 Exhibit Correspondence with Marshal KENNETH LOMBARDI)(Troy, John)
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Filing 12
Memorandum in Support re #10 MOTION for Prejudgment Remedy filed by Maria Olga Lliguicota, Shangming Lu. (Troy, John)
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Filing 11
AFFIDAVIT re #10 MOTION for Prejudgment Remedy Attorney Declaration in Support of Motion Signed By John Troy filed by Maria Olga Lliguicota, Shangming Lu. (Attachments: #1 Affidavit A true and correct copy of an affidavit of Shangming Lu, #2 Exhibit A true and correct copy of a screenshot taken by Shangming Lu of his smartphone showing Annes forwarding of an advertisement on WeChat for the sale of Diamond Nail, #3 Exhibit A true and correct copy of a screenshot taking by my office of an advertisement on the listing site dadi360 for the sale of Diamond Nail, #4 Exhibit A true and correct copy of a screenshot taking by my office of an advertisement on the listing site egiang for the sale of Diamond Nail, #5 Exhibit A true and correct copy of a screenshot taking by my office of an advertisement on the listing site 5iusa for the sale of Diamond Nail, #6 Exhibit A true and correct copy of a screenshot taking by my office of an advertisement on the listing site vcgcc for the sale of Diamond Nail, #7 Affidavit A true and correct copy of an affidavit affidavit of Maria Olga Lliguicota, #8 Exhibit LEXIS business search result for Diamond Nail Salon, LLC, #9 Exhibit Damage calculation)(Troy, John)
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Filing 10
MOTION for Prejudgment Remedy by Maria Olga Lliguicota, Shangming Lu. (Troy, John)
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Filing 9
NOTICE by Maria Olga Lliguicota of Consent to Become Party Plaintiff (Troy, John)
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Filing 8
NOTICE by Shangming Lu of Consent to Become Party Plaintiff (Troy, John)
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Filing 7
NOTICE by Maria Olga Lliguicota, Shangming Lu Notice of Lawsuit and Request for Waiver of Service of Summons (Attachments: #1 Exhibit Waiver of Service Form)(Troy, John)
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Filing 6
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Elaine Bao, Diamond Nail Salon, LLC, Gui Biao Qi, Jose Rojas* with answer to complaint due within *21* days. Attorney *John Troy* *Troy Law, PLLC* *41-25 Kissena Blvd., Suite 103* *Flushing, NY 11355*. (Perez, J.)
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Filing 5
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Order on Pretrial Deadlines, #4 Protective Order, #3 Electronic Filing Order, #1 Complaint, filed by Maria Olga Lliguicota, Shangming Lu Signed by Clerk on 1/2/2020.(Perez, J.)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 12/29/2019.(Perez, J.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 12/29/2019.(Perez, J.)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 2/27/2020; Discovery due by 6/29/2020; Dispositive Motions due by 8/3/2020. Signed by Clerk on 12/29/2019.(Perez, J.)
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Judge Victor A. Bolden added. (Nuzzi, Tiffany)
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Filing 1
COMPLAINT against Elaine Bao, Diamond Nail Salon, LLC, Gui Biao Qi, Jose Rojas ( Filing fee $400 receipt number ACTDC-5611402.), filed by Shangming Lu, Maria Olga Lliguicota. (Attachments: #1 Exhibit 01 Document Preservation Demand, #2 Exhibit 02 Notice of Lien and Assignment, #3 Exhibit 03 Notice that Retaliation is Illegal under the FLSA and NYLL, #4 Exhibit 04 Notice Settlement Under the Table is Prohibited)(Troy, John)
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Request for Clerk to issue summons as to Elaine Bao, Diamond Nail Salon, LLC, Gui Biao Qi, Jose Rojas. (Troy, John)
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