Chen et al v. Wow Restaurant TH, LLC et al
| Yanhong Chen and Lutong Yang |
| Wow Restaurant TH, LLC, Trinh Huynh and Wow Restaurant TH, LLC doing business as Yaki Sushi Grill BBQ |
| Carlos J. Burruezo |
| 8:2022cv02774 |
| December 6, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Mac R McCoy |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 38
ORDER appointing Carlos J. Burruezo as mediator in this action. The mediation conference is scheduled for March 1, 2023. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. Signed by Judge Virginia M. Hernandez Covington on 1/30/2023. (CKW)
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Filing 37
ENDORSED ORDER granting the Joint Motion for Leave to Conduct Mediation Remotely. (Doc. #32). As stated previously, the Court mandates in-person mediation and very rarely grants the relief the parties have requested. Due to the circumstances described in the Motion, however, the Court will permit the parties to mediate remotely before Mr. Burruezo on March 1, 2023. If the mediation conference does not result in a settlement, then the Court will require the parties to participate in a second, in-person mediation at a time of the Court's choosing. Signed by Judge Virginia M. Hernandez Covington on 1/30/2023. (CKW)
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| Filing 36 Amended MOTION to Dismiss for Failure to State a Claim Amended Complaint [DE 23] by All Defendants. (Liu, Jianyin) |
| Filing 35 ANSWER to court interrogatories re: #21 Case Management Scheduling Order by Lutong Yang. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Damage Calculations, #3 Exhibit Invoice, #4 Exhibit Local Counsel Attorneys Fees and Costs Invoice)(Schweitzer, Aaron) Modified text on 1/30/2023 (MCB). |
| Filing 34 ANSWER to court interrogatories re: #21 Case Management Scheduling Order by Yanhong Chen. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Damage Calculations, #3 Exhibit Invoice, #4 Exhibit Local Counsel Attorneys Fees and Costs Invoice)(Schweitzer, Aaron) Modified text on 1/30/2023 (MCB). |
| Filing 33 MOTION to Dismiss for Failure to State a Claim to the Amended Complaint [DE 23] by All Defendants. (Liu, Jianyin) |
| Filing 32 Joint MOTION for Miscellaneous Relief, specifically to Conduct Mediation Remotely by Yanhong Chen, Lutong Yang. (Schweitzer, Aaron) Modified text on 1/23/2023 (MCB). |
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Filing 31
ENDORSED ORDER: The notice provided to the Court states the parties plan to mediate via Zoom (Doc. #30). However, the Court does not allow mediation by telephone or video conference. Personal attendance is required, as the Court firmly believes in-person meetings are more productive. As such, lead counsel is directed to filing an amended notice of mediation, specifying the location in which the parties will meet. Signed by Judge Virginia M. Hernandez Covington on 1/20/2023. (CKW)
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| Filing 30 NOTICE of mediation conference/hearing to be held on March 1, 2023, at 1:30 p.m. before Carlos J. Burruezo. (Schweitzer, Aaron) |
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Filing 29
ENDORSED ORDER granting in part#28 Motion for Extension of Time to Complete Discovery. All time sheets and payroll records as described in the FLSA Scheduling Order should be turned over by February 2, 2023. While recognizing that the Motion is opposed, the Court believes that under the circumstances, it is appropriate to grant, in part, the relief requested. But since the plaintiff is currently required to answer the Court's interrogatories by February 2, 2023, the Court extends the plaintiff's deadline to answer Court's interrogatories to February 7, 2023. The Court assumes that plaintiff has complied to date with its discovery obligations. However, the Court notes that plaintiff has failed to timely file its notice of mediation and is ordered to do so immediately. Signed by Judge Virginia M. Hernandez Covington on 1/19/2023. (Covington, Virginia)
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| Filing 28 MOTION for Extension of Time to Complete Discovery as Mandated in Scheduling Order [DE 21] by Trinh Huynh, Wow Restaurant TH, LLC. (Liu, Jianyin) |
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Filing 27
ENDORSED ORDER denying as moot Defendants' Motion to Dismiss the Complaint (Doc. #22) in light of the filing of the amended complaint (Doc. #23). Signed by Judge Virginia M. Hernandez Covington on 1/18/2023. (CKW)
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| Filing 26 MEMORANDUM in opposition re #22 Motion to Dismiss /pk filed by Yanhong Chen, Lutong Yang. (Attachments: #1 Exhibit Wow Article of Organization)(Schweitzer, Aaron) |
| Filing 25 NOTICE of consent to join by Lutong Yang re #1 Complaint, #23 Amended Complaint /pk. (Schweitzer, Aaron) |
| Filing 24 NOTICE of consent to join by Yanhong Chen re #3 Complaint, #23 Amended Complaint /pk. (Schweitzer, Aaron) |
| Filing 23 AMENDED COMPLAINT /pk against Trinh Huynh, Wow Restaurant TH, LLC with Jury Demand. filed by Lutong Yang, Yanhong Chen. Related document: #3 Complaint filed by Lutong Yang, Yanhong Chen.(Schweitzer, Aaron) |
| Filing 22 MOTION to Dismiss Complaint [DE 3] by Trinh Huynh, Wow Restaurant TH, LLC. (Liu, Jianyin) |
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Filing 21
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Carlos J. Burruezo, Esq., for mediation. The parties must mediate no later than March 6, 2023. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by January 17, 2023. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lead Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the hearing by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 12/19/2022. (TWL)
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| Filing 20 NOTICE of Lead Counsel Designation by Aaron B. Schweitzer on behalf of Yanhong Chen, Lutong Yang. Lead Counsel: Aaron Schweitzer. (Schweitzer, Aaron) |
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Filing 19
ORDER granting #15 Unopposed Motion for Special Admission. The Clerk of Court is directed to add John Troy to the service list. Unless already completed, within fourteen (14) days from the date of this Order, John Troy must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, John Troy must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/16/2022. (CM)
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Filing 18
ORDER granting #12 Unopposed Motion for Special Admission. The Clerk of Court is directed to add Tiffany Troy to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Tiffany Troy must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Tiffany Troy must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/16/2022. (CM)
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Filing 17
ORDER granting #11 Unopposed Motion for Special Admission. The Clerk of Court is directed to add Aaron Schweitzer to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Aaron Schweitzer must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Aaron Schweitzer must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/16/2022. (CM)
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Filing 16
TEXT ORDER denying as moot #10 Unopposed Motion for Special Admission in light of the subsequently filed motion seeking the same relief. Signed by Magistrate Judge Mac R. McCoy on 12/16/2022. (CM)
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| Filing 15 Unopposed MOTION for John Troy to appear pro hac vice (Corrected motion) by All Plaintiffs. (Wade, Locksley) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 14 RETURN of service executed on 12/12/2022 by Lutong Yang, Yanhong Chen as to Trinh Huynh. (Wade, Locksley) Modified text on 12/15/2022 (MCB). |
| Filing 13 RETURN of service executed on 12/12/2022 by Lutong Yang, Yanhong Chen as to Wow Restaurant TH, LLC . (Wade, Locksley) Modified text on 12/15/2022 (MCB). |
| Filing 12 Unopposed MOTION for Tiffany Troy to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20308649 for $150 by All Plaintiffs. (Wade, Locksley) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 11 Unopposed MOTION for Aaron B. Schweitzer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20308634 for $150 by All Plaintiffs. (Wade, Locksley) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 10 Unopposed MOTION for John Troy to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20308558 for $150 by All Plaintiffs. (Wade, Locksley) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 9
ENDORSED ORDER: Counsel for Defendant has appeared, but Plaintiff has not yet filed the return of service, or proof of waiver, as required under the Rule. Accordingly, Plaintiff is directed to file either the return of service or proof of waiver by December 19, 2022, so that the Court may accurately determine when Defendant's response to the Complaint is due. Signed by Judge Virginia M. Hernandez Covington on 12/15/2022. (CKW)
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| Filing 8 NOTICE of Limited Appearance by Jianyin Liu on behalf of Trinh Huynh, Wow Restaurant TH, LLC (Liu, Jianyin) |
| Filing 7 NOTICE to counsel John Troy, Aaron B. Schweitzer, and Tiffany Troy Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KME) |
| Filing 6 NOTICE to Plaintiff counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (KME) |
| Filing 5 SUMMONS issued as to Trinh Huynh, Wow Restaurant TH, LLC. (MCB) |
| Filing 4 PROPOSED summons to be issued by Yanhong Chen, Lutong Yang. (Attachments: #1 Proposed Summons Trinh Huynh)(Wade, Locksley) |
| Filing 3 COMPLAINT against All Defendants with Jury Demand filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(Wade, Locksley) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Mac R. McCoy. New case number: 8:22-cv-2774-VMC-MRM. (SJB) |
| Filing 1 Counsel refiled at dkt #3 COMPLAINT against Trinh Huynh, Wow Restaurant TH, LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-20274449) filed by Lutong Yang, Yanhong Chen.(Wade, Locksley) Modified text on 12/7/2022 (KME). |
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