Lin v. Monda Window & Door Systems, Inc. et al
| Jian Ping Lin |
| Dancy Lin, Elias Abubeker, Monda Window & Door, Corp., Wonda LLC, Monda Window & Door Mfg. Ltd., Denis Wang, Ribiao Wang, Min Ouyang and Monda Window & Door Systems, Inc. |
| 1:2018cv06848 |
| October 11, 2018 |
| US District Court for the Northern District of Illinois |
| Jorge L Alonso |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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| Filing 51 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's notice of withdrawal of motion #50 is granted. Plaintiff's motion for issuance of summons and leave to serve #47 is withdrawn. At Plaintiff's request, status hearing previously set for 12/11/18 is stricken and reset to 1/9/19 at 9:30 a.m. Notices mailed by judge's staff (ntf, ) |
| Filing 50 NOTICE by Jian Ping Lin re MOTION by Plaintiff Jian Ping Lin for leave to file service #47 (Notice of Withdrawal of Motion for Leave to File Service) (Ryan, Thomas) |
| Filing 49 MEMORANDUM by Jian Ping Lin in support of motion for leave to file #47 (Troy, John) |
| Filing 48 AFFIDAVIT by Plaintiff Jian Ping Lin in Support of MOTION by Plaintiff Jian Ping Lin for leave to file service #47 (Attachments: #1 Exhibit NYED complaint, #2 Exhibit NYED proofs of service, #3 Exhibit NYED motion to change venue, #4 Exhibit Order granting NYED motion to change venue, #5 Exhibit proposed summons)(Troy, John) |
| Filing 47 MOTION by Plaintiff Jian Ping Lin for leave to file service (Troy, John) |
| Filing 46 MINUTE entry before the Honorable Jorge L. Alonso: At Plaintiff's request, status hearing previously set for 11/27/18 is stricken and reset to 12/11/18 at 9:30 a.m. Notices mailed by judge's staff (ntf, ) |
Filing 45
MINUTE entry before the Honorable Jorge L. Alonso: Initial status hearing set for 11/27/18 at 9:30 a.m. Parties shall review and comply with Judge Alonso's Standing Order on The Mandatory Initial Discovery Pilot Project on his website. Notice mailed by judge's staff (ntf, )
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| Filing 44 ATTORNEY Appearance for Plaintiff Jian Ping Lin by Aaron Schweitzer (Schweitzer, Aaron) |
| Filing 43 ATTORNEY Appearance for Plaintiff Jian Ping Lin by John Troy (Troy, John) |
| Filing 42 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's motions for leave to appear pro hac vice #40 and #41 are granted. Attorneys John Troy and Aaron Schweitzer are given leave to file appearance forms on behalf of Plaintiff. Notices mailed by judge's staff (ntf, ) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15063871. (Attachments: #1 Exhibit Certificate of Good Standing for Aaron Schweitzer)(Schweitzer, Aaron) |
| Filing 40 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15063646. (Attachments: #1 Exhibit Certificate of Good Standing of John Troy)(Troy, John) |
| Filing 39 ATTORNEY Appearance for Plaintiff Jian Ping Lin by Thomas Michael Ryan (Ryan, Thomas) |
| Filing 38 MAILED Rule 83.15 Letter to all counsel of record. (nsf, ) |
| Filing 37 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (nsf, ) |
| Filing 36 RECEIVED from New York Eastern; Case Number 1:17-cv-03737. (nsf) |
| Case transferred to the Northern District of Illinois. Original file, certified copy of transfer order, and docket sheet sent via ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Brucella, Michelle) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 35 MOTION to Change Venue to Northern District of Illinois by Jian Ping Lin. (Schweitzer, Aaron) [Transferred from New York Eastern on 10/11/2018.] |
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ORDER granting #35 Motion to Change Venue. The motion is granted in its entirety without prejudice to any defenses to any issue the Chicago defendants may have. The Clerk of the Court is directed to transfer this case to the Northern District of Illinois. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/10/2018. (Reyes, Ramon) [Transferred from New York Eastern on 10/11/2018.]
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Filing 34
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: This action is discontinued and dismissed only as against Defendants Monda Window & Door Systems, Inc. and Wonda LLC, without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), and with each party to bear its own fees and costs. Ordered by Judge Margo K. Brodie on 10/9/2018. (Brucella, Michelle) [Transferred from New York Eastern on 10/11/2018.]
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| Filing 33 STIPULATION re Initial Conference Hearing,,,, Set Deadlines,,, STIPULATION of voluntary dismissal of Defendants Monda Window & Door Systems, Inc. and Wonda LLC ONLY pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) by Jian Ping Lin (Schweitzer, Aaron) [Transferred from New York Eastern on 10/11/2018.] |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Initial Conference Hearing held on 10/3/2018. Appearances: Aaron Schweitzer, Esq. for Plaintiff; Richard Chen, Esq. for Defendants Monda Window and Door Systems, Inc. and Wonda LLC. No appearances by, or on behalf of, the other Defendants. Discussions held. Defendant consented on the record to Plaintiff's voluntary dismissal of his clients without prejudice. Stipulation of Dismissal due by the end of the day 10/4/2018. As discussed at the conference, the Court will transfer the case to the Northern District of Illinois upon request of the Plaintiff. Such request should be made by letter motion by 10/10/2018. (FTR Log #12:06:13-12-10:31:36.) (Strong, Ardis) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 32 Letter by Jian Ping Lin (Attachments: #1 Exhibit Letter motion previously forwarded to Defense counsel as courtesy, not filed, #2 Exhibit Email correspondence) (Schweitzer, Aaron) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 31 NOTICE of Appearance by Aaron Schweitzer on behalf of Jian Ping Lin (aty to be noticed) (Schweitzer, Aaron) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 30 Letter Response to Plaintiff's Letter Motion Submitted 10/2/2018 by Monda Window & Door Systems, Inc. (Chen, Richard) [Transferred from New York Eastern on 10/11/2018.] |
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Filing 29
SCHEDULING ORDER: Initial Conference set for 10/3/2018 at 12:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 10/1/2018.Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/17/2018. (Strong, Ardis) [Transferred from New York Eastern on 10/11/2018.]
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Filing 28
MEMORANDUM AND ORDER: The Court has reviewed the unopposed R&R and, finding no clear error, adopts the R&R in its entirety pursuant to 28 U.S.C. 636(b)(1). Accordingly, the Court grants Defendants' motion to dismiss with respect to Plaintiff's claims against Dancy Lin, any claims originating before June 21, 2011, and the New York Labor Law claims against all Defendants. The Court denies Defendants' motion to dismiss MWDS and Wonda as Defendants in this action. Ordered by Judge Margo K. Brodie on 9/13/2018. (Brucella, Michelle) [Transferred from New York Eastern on 10/11/2018.]
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Filing 27
REPORT AND RECOMMENDATIONS re #24 Motion to Dismiss for Failure to State a Claim filed by Dancy Lin, Wonda LLC, Monda Window & Door Systems, Inc. For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that the Court: (1) grant the Defendants motion to dismiss the Plaintiffs claims against Dancy Lin, or alternatively, allow the Plaintiff to file an amended complaint that contains specific allegations as to Dancy Lins liability as an employer under the FLSA; (2) dismiss any claims originating before June 21, 2011 as time-barred; (3) dismiss the NYLL claims against all Defendants; and (4) deny the motion to dismiss Wonda LLC and Monda Window & Door Systems, Inc. as Defendants in this action. Objections to R&R due by 8/21/2018. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/7/2018. (Strong, Ardis). [Transferred from New York Eastern on 10/11/2018.]
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ORDER REFERRING MOTION: #24 Motion to Dismiss for Failure to State a Claim filed by Dancy Lin, Wonda LLC, Monda Window & Door Systems, Inc. Ordered by Judge Margo K. Brodie on 4/5/2018. Motion referred to Magistrate Judge Ramon E. Reyes, Jr. for report and recommendation. (Stanford, Nia) [Transferred from New York Eastern on 10/11/2018.]
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| Filing 26 NOTICE of Change of Email Address by Richard A. Chen (Chen, Richard) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 25 MEMORANDUM in Opposition to Defendants' Motion to Dismiss filed by Jian Ping Lin. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 24 Motion to Dismiss for Failure to State a Claim by Dancy Lin, Monda Window & Door Systems, Inc., Wonda LLC. (Chen, Richard) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 23 REPLY in Support with Certification of Service filed by Dancy Lin, Monda Window & Door Systems, Inc., Wonda LLC. (Chen, Richard) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 22 Letter Cover Letter - Certificate of Service of Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss by Jian Ping Lin (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 21 Letter Cover Letter - Service of Motion to Dismiss by Dancy Lin, Monda Window & Door Systems, Inc., Wonda LLC (Chen, Richard) [Transferred from New York Eastern on 10/11/2018.] |
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ORDER re #20 proposed briefing schedule. The Court grants the parties' proposed briefing schedule. Defendants shall serve moving papers on or before September 5, 2017; plaintiff shall serve opposition papers on or before September 19, 2017; Defendants shall serve reply papers, if any, and file the fully briefed motion on or before September 26, 2017. Ordered by Judge Margo K. Brodie on 8/15/2017. (Daugherty, Shannon) [Transferred from New York Eastern on 10/11/2018.]
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| Filing 20 Proposed Scheduling Order Joint Briefing Schedule by Monda Window & Door Systems, Inc. (Chen, Richard) [Transferred from New York Eastern on 10/11/2018.] |
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ORDER denying #19 motion for pre-motion conference. The parties are directed to confer and file a proposed briefing schedule for defendants' motion to dismiss on or before August 14, 2017. Ordered by Judge Margo K. Brodie on 8/6/2017. (Daugherty, Shannon) [Transferred from New York Eastern on 10/11/2018.]
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| Filing 19 Amended MOTION for pre motion conference with Certification of Service by Dancy Lin, Monda Window & Door Systems, Inc., Wonda LLC. (Chen, Richard) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 18 MOTION for pre motion conference with Certification of Service by Dancy Lin, Monda Window & Door Systems, Inc., Wonda LLC. (Chen, Richard) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 17 NOTICE of Appearance by Richard A. Chen on behalf of Dancy Lin, Monda Window & Door Systems, Inc., Wonda LLC (aty to be noticed) (Chen, Richard) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 16 SUMMONS Returned Executed by Jian Ping Lin. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 15 SUMMONS Returned Executed by Jian Ping Lin. Denis Wang served on 7/8/2017, answer due 7/31/2017. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 14 SUMMONS Returned Executed by Jian Ping Lin. Elias Abubeker served on 7/8/2017, answer due 7/31/2017. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 13 SUMMONS Returned Executed by Jian Ping Lin. Dancy Lin served on 7/8/2017, answer due 7/31/2017. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 12 SUMMONS Returned Executed by Jian Ping Lin. Min Ouyang served on 7/8/2017, answer due 7/31/2017. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 11 SUMMONS Returned Executed by Jian Ping Lin. Ribiao Wang served on 7/8/2017, answer due 7/31/2017. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 10 SUMMONS Returned Executed by Jian Ping Lin. Wonda LLC served on 7/8/2017, answer due 7/31/2017. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 9 SUMMONS Returned Executed by Jian Ping Lin. Monda Window & Door Mfg. Ltd. served on 7/8/2017, answer due 7/31/2017. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 8 SUMMONS Returned Executed by Jian Ping Lin. Monda Window & Door, Corp. served on 7/8/2017, answer due 7/31/2017. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 7 SUMMONS Returned Executed by Jian Ping Lin. Monda Window & Door Systems, Inc. served on 7/8/2017, answer due 7/31/2017. (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 4 Summons Issued as to All Defendants. (Bowens, Priscilla) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 3 Proposed Summons.Civil Cover Sheet.. by Jian Ping Lin (Attachments: #1 Exhibit Civil Cover Sheet) (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 2 CONSENT to become party in a collective action. by Jian Ping Lin (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Filing 1 COMPLAINT against Elias Abubeker, Dancy Lin, Monda Window & Door Mfg. Ltd., Monda Window & Door Systems, Inc., Monda Window & Door, Corp., Min Ouyang, Denis Wang, Ribiao Wang, Wonda LLC filing fee $ 400, receipt number 0207-9622544 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jian Ping Lin. (Attachments: #1 Exhibit Notice to Enforce Shareholder Liability, #2 Exhibit Notice to Inspect Share Records, #3 Exhibit Consent to Sue Form, #4 Exhibit Document Preservation Demand, #5 Exhibit Notice of Lien and Assignment, #6 Exhibit Retaliation Warning, #7 Exhibit Under-the-Table Settlement Warning) (Troy, John) [Transferred from New York Eastern on 10/11/2018.] |
| Case assigned to Judge Margo K. Brodie and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 10/11/2018.] |
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