Paz Gomez v. Opart, LLC et al
| Emiliano Francisco Paz Gomez |
| Opart, LLC and Lenny Chu |
| 1:2021cv06093 |
| November 15, 2021 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| None |
Docket Report
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Filing 29
ORDER: Telephonic show cause hearing held on 10/19/2022. Only Plaintiff appears. For the reasons stated on the record, Plaintiff's request for a writ of body attachment is granted. The Clerk of Court is directed to issue a writ of body attachment as to Lenny Chu for failure to respond to the citation to discover assets issued on 5/20/2022 and for failure to comply with this Court's show cause order issued on 9/15/2022. The Court directs the U.S. Marshals Service to take Lenny Chu, 841 W. Village Court, Chicago, IL 60608 (home address) or 1546 West Chicago Avenue, Chicago, IL 60642 (work address), into custody in order to secure his response to the rule to show cause and citation to discover assets. The U.S. Marshals Service is directed to arrest Defendant Lenny Chu forthwith and to bring him before the Court at the earliest possible time. If the Court is not in session on the date and time that the Marshals Service arrests Lenny Chu, the Marshals Service is directed to detain him wherever it deems fit until the next session of the Court. Telephonic status hearing set for 11/16/2022 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court- issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Signed by the Honorable Andrea R. Wood on 10/19/2022. Mailed notice (jh, )
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| Filing 28 AFFIDAVIT of Service filed by Plaintiff Emiliano Francisco Paz Gomez regarding Order to Show Cause served on Lenny Chu on 10/06/2022 (Nolan, Timothy) |
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Filing 27
ORDER to Show Cause signed by the Honorable Andrea R. Wood on 9/15/2022. Mailed notice. (lxk, )
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| Filing 26 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held on 9/15/2022. Plaintiff's motion for rule to show cause #23 is granted. Telephonic show cause hearing set for 10/19/2022 at 10:00 AM. Enter Show Cause Order. Lenny Chu is directed to personally participate in the hearing and to show cause why he should not be held in contempt of Court for failure to respond to the citation to discover assets issued on 5/20/2022 and served on 6/5/2022. Pursuant to Local Rule 37.1, Plaintiff shall serve Defendant Chu with notice of the show cause hearing in the manner provided for by Fed. R. Civ. P. 4. Defendant Chu is advised that failure to appear may result in a financial penalty for each day or week of continued non-compliance with the citation or issuance of a writ of body attachment directing the United States Marshals Service to take him into custody to bring him to appear before the Court. If Larry Chu has questions about how to appear telephonically, he may email the courtroom deputy, Laritza Arcos, at Laritza_Arcos@ilnd.uscourts.gov. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (lxk, ) |
| Filing 25 MINUTE entry before the Honorable Andrea R. Wood: At the emailed request of Plaintiff's counsel, due to a scheduling conflict for Plaintiff, the telephonic motion hearing set for 9/7/2022 is stricken and reset for 9/15/2022 at 10:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
| Filing 24 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for rule to show #23 is set for a telephonic hearing on 9/7/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
| Filing 23 MOTION by Plaintiff Emiliano Francisco Paz Gomez for rule to show cause (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| Filing 22 AFFIDAVIT of Service filed by Plaintiff Emiliano Francisco Paz Gomez regarding Citation To Discover Assets served on Lenny Chu on 6/5/2022 (Nolan, Timothy) |
| Filing 21 CITATION to Discover Assets issued as to Lenny Chu. (No Notice Filed). (jh, ) |
| Filing 20 BILL of Costs (ags) |
| Filing 19 ENTERED JUDGMENT. Mailed notice (ags) |
| Filing 18 MINUTE entry before the Honorable Andrea R. Wood: Based upon a review of the motions and supporting materials, Plaintiff's motion for entry of default judgment #10 , Plaintiff's motion for the award of attorney's fees, and Plaintiff's request for taxation of costs #16 are granted. With respect to the motion for default judgment, the Court notes that it previously found Defendants in default on February 18, 2022. Plaintiff primarily seeks an award of minimum wages and overtime compensation for the weeks ending May 25, 2019 through May 8, 2021. As alleged in the complaint, Defendants imposed an unlawful per diem salary scheme that resulted in the payment of an hourly wage below the statutory minimum wage rate, and furthermore, Defendants never paid an overtime premium to Plaintiff even though he regularly worked substantial overtime. To conceal the scheme, Defendants allegedly paid Plaintiff's wages with unreported cash, failed to create and maintain accurate payroll and time-worked records, and failed to furnish Plaintiff with any wage stub or other record of hours worked and wages paid. These allegations, accepted as true due to Defendants' default, establish that Defendants acted willfully by knowingly violating the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., and attempting to circumvent its requirements. In total, Plaintiff seeks unpaid minimum wages in the amount of $35,161.76. Plaintiff also seeks an award of liquidated damages. Under 29 U.S.C. 216(b), liquidated damages should be awarded in an amount equal to the plaintiff's actual damages unless the defendant proves that its actions were in good faith and that it had reasonable grounds for believing that its actions did not violate the FLSA. Accordingly, liquidated damages in the amount of $35,161.76 are warranted here. In addition, effective February 19, 2019, the Illinois Minimum Wage Law (IMWL), 820 ILCS 105/1, et seq., was amended to allow an employee to recover treble damages of any underpayment of minimum wage or overtime compensation, 820 ILCS 105/12(a). Similarly, the City of Chicago's Minimum Wage and Paid Sick Leave Ordinance (CMWO), 6-105-010, et seq., of the Municipal Code of Chicago, also imposes treble damages. Thus, Plaintiff is entitled to treble damages in the amount of $35,161.76. Also under the IMWL, 820 ILCS 105/12(a), a Plaintiff may recover "damages of 5% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid," which totals $38,712.71 here. Accordingly, altogether Plaintiff is awarded damages totaling $144,197.99. Finally, Plaintiff may recover reasonable attorneys' fees and costs. The Court finds that the request for attorney's fees in the total amount of $11,970 is reasonable based on counsel's experience and the time spent on the litigation, as documented by counsel's supporting affidavit and exhibit. The Clerk is directed to enter judgment by default in favor of Plaintiff in the amount of $144,197.99 plus $11,970 in attorney's fees. In addition, the Court grants the request for taxable costs in the amount of $685.70. Defendants Opart, LLC d/b/a Opart Thai House and Lenny Chu shall be jointly and severally liable for amounts owed. Telephonic status hearing set for April 26, 2022 is stricken; parties need not appear. Civil case terminated. Mailed notice (ags) |
| Filing 17 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 3/29/2022. Only Plaintiff appears. The Court takes Plaintiff's motion for entry of default judgment #10 , motion for the award of attorney's fees #15 , and bill of costs #16 under advisement for ruling on the current record. Telephonic status hearing set for 4/26/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
| Filing 16 MOTION by Plaintiff Emiliano Francisco Paz Gomez for bill of costs (Nolan, Timothy) |
| Filing 15 MOTION by Plaintiff Emiliano Francisco Paz Gomez for attorney fees (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| Filing 14 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 2/17/2022. Only Plaintiff appears. Plaintiff's motion for entry of default judgment #10 is taken under advisement. Plaintiff's counsel shall file any petition for attorney's fees by 3/17/2022. Telephonic status hearing set for 3/29/2022 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
| Filing 13 CERTIFICATE of Service by Plaintiff Emiliano Francisco Paz Gomez (Nolan, Timothy) |
| Filing 12 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default judgment #10 will be heard at the telephonic hearing set for 2/17/2022 at 10:15 AM. Any party wishing to be heard on the motion shall file an appearance and contact the courtroom deputy (david_lynn@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
| Filing 11 NOTICE of Motion by Timothy Michael Nolan for presentment of motion for default judgment #10 before Honorable Andrea R. Wood on 2/17/2022 at 10:15 AM. (Nolan, Timothy) |
| Filing 10 MOTION by Plaintiff Emiliano Francisco Paz Gomez for default judgment as to as to all Defendants (Attachments: #1 Exhibit A, #2 Exhibit B)(Nolan, Timothy) |
| Filing 9 CERTIFICATE of Service by Timothy Michael Nolan on behalf of Emiliano Francisco Paz Gomez (Nolan, Timothy) |
| Filing 8 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/18/2022. As the deadline for Defendants to answer or otherwise respond to the complaint has passed (see Dkt. # #5 and #6 ), the Court grants Plaintiff's request for entry of default. The Court enters default pursuant to Fed. R. Civ. P. 55(a) as to Defendants Opart, LLC and Lenny Chu. Telephonic status hearing set for 2/17/2022 at 10:15 AM. Any motion for entry of default judgment filed by 2/10/2022 may be noticed for presentment on 2/17/2022 at 10:15 AM. Plaintiff shall provide a copy of this order to Defendants. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
| Filing 7 STATUS Report by Emiliano Francisco Paz Gomez (Nolan, Timothy) |
| Filing 6 SUMMONS Returned Executed by Emiliano Francisco Paz Gomez as to Opart, LLC on 12/23/2021, answer due 1/13/2022. (Nolan, Timothy) |
| Filing 5 SUMMONS Returned Executed by Emiliano Francisco Paz Gomez as to Lenny Chu on 11/23/2021, answer due 12/14/2021. (Nolan, Timothy) |
| Filing 4 MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 1/18/2022 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (dal, ) |
| SUMMONS Issued as to Defendants Lenny Chu, Opart, LLC (cm, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Emiliano Francisco Paz Gomez by Timothy Michael Nolan (Nolan, Timothy) |
| Filing 2 CIVIL Cover Sheet (Nolan, Timothy) |
| Filing 1 COMPLAINT filed by Emiliano Francisco Paz Gomez; Filing fee $ 402, receipt number 0752-18873155.(Nolan, Timothy) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (ng, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ng, ) |
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