Chien v. Wan Fu Yuan, Inc. et al
| Joe Chien |
| Mei Li Hsiung, Wan Fu Yuan, Inc. doing business as Hunan Taste, FBGM Inc. doing business as Hunan Taste, Mei-Li Hsiung, Mei-Li Hsuing, Mary Hsuing and David Hsiung |
| 2:2022cv05527 |
| September 13, 2022 |
| US District Court for the District of New Jersey |
| Jessica S Allen |
| Esther Salas |
| Labor: Fair Standards |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 43
TEXT ORDER: As per today's Settlement Conference and the Case Management Conference immediately following thereafter, Plaintiff's deposition shall proceed on October 9, 2023 at 2:00 p.m. in the law offices of Defense counsel. Plaintiff's deadline for filing his supplement to the pending Motion for Conditional Collective Certification based upon his deposition testimony is extended through and including October 23, 2023. Defendants' deadline to file opposition to Plaintiff's motion is extended through and including November 6, 2023. Plaintiff shall file any reply to its motion on or before November 15, 2023. The parties shall meet and confer on selecting a Mediator from the Court's list of certified Mediators and submit a joint letter on or before October 10, 2023, addressing same. So Ordered by Magistrate Judge Jessica S. Allen on 9/28/23. (jbb)
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| Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Settlement and Case Management Conference held on 9/28/2023. (Court Reporter: None) (jbb) |
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Filing 42
TEXT ORDER: The Court will address the parties' dispute over scheduling Plaintiff's deposition during the 9/28/23 Settlement Conference which shall proceed as scheduled. So Ordered by Magistrate Judge Jessica S. Allen on 9/20/23. (jbb)
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| Filing 41 Letter from James McDonnell. (MCDONNELL, JAMES) |
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Filing 40
LETTER ORDER granting Defendants' request to depose Plaintiff. Plaintiff's deposition shall be limited to three (3) hours. Further, the deposition shall be limited in scope to probing the statements contained in Plaintiffs Affidavit (ECF No. #37 -10). The deposition is not for the purpose of conducting merits-based discovery. Plaintiff's deposition shall be completed on or before September 29, 2023. Plaintiff may supplement his pending motion for conditional collective certification based upon his deposition testimony by October 13, 2023. Defendants' deadline to file opposition to Plaintiff's motion is extended through and including October 23, 2023. Plaintiff shall file any reply to its motion on or before October 31, 2023. The in-person Settlement Conference scheduled for September 28, 2023 at 10:00 AM shall proceed as scheduled. All parties, party representatives, and/or insurance claims adjusters with ACTUAL AND FULL settlement authority are required to appear in-person and participate. Signed by Magistrate Judge Jessica S. Allen on 9/8/2023. (dam)
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| Filing 39 Letter from James McDonnell. (MCDONNELL, JAMES) |
| Set/Reset Deadlines as to #36 MOTION to Certify Class Conditional Collective Certification. /pk. Motion set for 9/18/2023 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
| Filing 38 Letter from (Joint) Re: Parties Position on Deposition of Plaintiff prior to Defendants Opposition to Plaintiff Motion for Conditional Collective Certification. /pk re 35 Order,,,. (SCHWEITZER, AARON) |
| Filing 37 MEMORANDUM in Support filed by Joe Chien re #36 MOTION to Certify Class Conditional Collective Certification. /pk (Attachments: #1 Declaration Declaration of Aaron Schweitzer, in Support of MCCC, #2 Exhibit Complaint, #3 Exhibit 01-02 Proposed Notice of Pendancy and Consent to Sue Form Hunan Taste, #4 Exhibit 01-03 Proposed Publication Order Hunan Taste, #5 Exhibit 01-04 Proposed Text Notice Hunan Taste, #6 Exhibit 01-05 Proposed Email Notice Hunan Taste, #7 Exhibit 01-06 Proposed Reminder Postcard Hunan Taste, #8 Exhibit 01-07 Proposed Reminder Text Notice Hunan Taste, #9 Exhibit 01-08 Proposed Reminder Email Notice Hunan Taste, #10 Exhibit 01-09 Affidavit in Support of MCCC, #11 Exhibit Defendants' Document Production D000523-D000557, #12 Exhibit Defendants' Document Production D000558-D000565, #13 Exhibit Defendants' Document Production D000566-D000770, #14 Exhibit Demonstrative Combining Hourly Employees' Information from Exhibits 10-12, #15 Exhibit Demonstrative Combining Salaried Employees' Information from Exhibits 10-12)(SCHWEITZER, AARON) |
| Filing 36 MOTION to Certify Class Conditional Collective Certification. /pk by Joe Chien. (SCHWEITZER, AARON) |
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Filing 35
TEXT ORDER: As per today's Telephone Status Conference and the parties' joint letter of 8/11/23, (ECF No. 33), Plaintiff shall file his Motion for Conditional Collective Certification on or before 8/25/23. The parties shall file a joint letter of four (4) pages or less on or before 8/29/23, addressing their respective positions regarding whether Defendants should have the opportunity to depose Plaintiff before opposing Plaintiff's Motion and include any supporting legal authority. The Court will conduct an IN PERSON Settlement Conference on 9/28/23 at 10:00 a.m. in Courtroom 2B. All parties, party representatives, and/or insurance claims adjusters with ACTUAL AND FULL settlement authority are required to participate. The parties shall fax confidential settlement position papers of five (5) pages or less to Chambers (973-645-4549) on or before 9/26/23. So Ordered by Magistrate Judge Jessica S. Allen on 8/23/23. (jbb)
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| Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 8/23/2023. (Court Reporter: None) (jbb) |
| Filing 34 AMENDED ANSWER to #1 Complaint, by FBGM Inc., David Hsiung, Mei Li Hsiung(administrator of the Estate of Joseph Hsiung), Mei Li Hsiung, Wan Fu Yuan, Inc.. (MCDONNELL, JAMES) |
| Filing 33 STATUS REPORT by FBGM Inc., David Hsiung, Mei Li Hsiung(administrator of the Estate of Joseph Hsiung), Mei Li Hsiung, Wan Fu Yuan, Inc.. (MCDONNELL, JAMES) |
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Filing 32
LETTER ORDER that the parties are directed to continue to meet-and-confer regarding a possible stipulation relating to conditional certification. The parties shall submit a joint status letter on or before August 11, 2023, advising the Court if there is a proposed stipulation regarding same. In the event the parties cannot agree to a stipulation and/or proposed briefing schedule, the Court exercises it's case management discretion, see In re Fine Paper Antitrust Litig, 685 F.2d 810, 817 (3d Cir. 1982), and directs Plaintiff's opening submission be filed on or before August 25, 2023; Defendant's opposition to be filed on or before September 15, 2023; and Plaintiff's reply be filed by September 29, 2023, all in accordance with the notion that conditional certification issues should be addressed early in the case.. Signed by Magistrate Judge Jessica S. Allen on 8/1/2023. (ld, )
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| Filing 31 STATUS REPORT /gd by Joe Chien. (SCHWEITZER, AARON) |
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Filing 30
TEXT ORDER: As per today's Telephone Status Conference and the parties' joint status letter of 5/30/23, (ECF No. 27), the parties shall provide fully responsive answers and documents to their respective outstanding discovery requests by 7/7/23. To the extent Defendants seek to amend their answer to add affirmative defenses, Defense counsel shall provide Plaintiffs' counsel with a black-lined version of the proposed amended answer that shows any changes consistent with Local Civil Rule 15.1. Thereafter, the parties shall meet and confer on whether Plaintiffs consent to the proposed amended answer. If Plaintiffs so consent, Defendants shall timely file the amended answer on consent. If there is no consent, Defendants shall timely seek leave to file the appropriate Motion to Amend. The parties shall submit a joint letter on or before 7/28/23, setting forth the status of discovery, whether Mediation is appropriate at this time, and any proposed briefing schedule for Plaintiffs to file a Motion for conditional collective action. A Telephone Status Conference is scheduled for 8/23/23 at 9:30 a.m. and the connection information will be provided in advance. So Ordered by Magistrate Judge Jessica S. Allen on 6/5/23. (jbb)
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| Filing 29 NOTICE of Appearance by TIFFANY TROY on behalf of Joe Chien (TROY, TIFFANY) |
| Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 6/5/2023. (Court Reporter: None) (jbb) |
| Filing 28 Substitution of Attorney - Attorney ALEX LEE terminated. Attorney JAMES M. MCDONNELL for FBGM Inc.,JAMES M. MCDONNELL for David Hsiung,JAMES M. MCDONNELL for Mei Li Hsiung,JAMES M. MCDONNELL for Mei Li Hsiung,JAMES M. MCDONNELL for Wan Fu Yuan, Inc. added.. (LEE, ALEX) |
| Filing 27 STATUS REPORT /gd by Joe Chien. (SCHWEITZER, AARON) |
| Filing 26 NOTICE of Appearance by LENA K. KIM on behalf of All Defendants (KIM, LENA) |
| Filing 25 NOTICE of Appearance by JAMES M. MCDONNELL on behalf of All Defendants (MCDONNELL, JAMES) |
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Filing 24
Discovery Confidentiality Order. Signed by Magistrate Judge Jessica S. Allen on 4/11/2023. (ld, )
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| Filing 23 Proposed Order joint discovery confidentiality order by All Defendants. (Attachments: #1 Text of Proposed Order Joint Discovery Confidentiality Order)(LEE, ALEX) |
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Filing 22
TEXT ORDER: The Court is in receipt of Plaintiff's request for leave to file a Motion for Conditional Collective Class Certification ("Motion"), (ECF 20), which Defendants oppose for the reasons addressed during the Initial Scheduling Conference held on March 6, 2023. (ECF No. 21). Consistent with the agreement of counsel during the Rule 16 Conference, and for the reasons set forth therein, it was determined that Plaintiff's request for leave to file the Motion was premature pending settlement discussions and initial discovery. As such, this Court issued a Pretrial Scheduling Order, directing, among other things, that the date by when Plaintiff anticipates seeking leave to file the Motion is "to be determined." Accordingly, Plaintiff's instant request is DENIED WITHOUT PREJUDICE. Plaintiff may renew his request following the parties exploring settlement discussions and exchanging written discovery. So Ordered by Magistrate Judge Jessica S. Allen on 3/20/23. (jbb)
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| Set/Reset Deadlines as to #20 MOTION for Leave to File Plaintiffs Motion for Conditional Collective Class Certification. /pk. Motion set for 4/17/2023 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
| Filing 21 RESPONSE to Motion filed by All Defendants re #20 MOTION for Leave to File Plaintiffs Motion for Conditional Collective Class Certification. /pk (LEE, ALEX) |
| Filing 20 MOTION for Leave to File Plaintiffs Motion for Conditional Collective Class Certification. /pk by Joe Chien. (SCHWEITZER, AARON) |
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Filing 19
PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 6/5/2023 at 10:00 AM before Magistrate Judge Jessica S. Allen. Amended Pleadings due by 5/5/2023. Fact Discovery due by 11/5/2023. Joinder of Parties due by 5/5/2023.. Signed by Magistrate Judge Jessica S. Allen on 3/6/2023. (ld, )
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| Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Zoom Initial Pretrial Conference held on 3/6/2023. (Court Reporter: None) (jbb) |
| Filing 18 Joint Discovery Plan by Joe Chien.(SCHWEITZER, AARON) |
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Filing 17
LETTER ORDER: Initial Conference set for 3/6/2023 at 12:00 PM before Magistrate Judge Jessica S. Allen. Signed by Magistrate Judge Jessica S. Allen on 1/19/23. (jbb)
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| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ek) |
| Filing 16 Corporate Disclosure Statement by FBGM Inc., David Hsiung, Mei Li Hsiung(administrator of the Estate of Joseph Hsiung), Mei Li Hsiung, Wan Fu Yuan, Inc.. (LEE, ALEX) |
| Filing 15 ANSWER to Complaint with JURY DEMAND by All Defendants.(LEE, ALEX) |
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Filing 14
STIPULATION AND ORDER that the Defendants' time to answer the Complaint or otherwise move with respect to the Complaint is extended to 1/18/2023. Signed by Judge Esther Salas on 1/13/2023. (sm)
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| Answer Due Deadline Update - The document submitted by Mei Li Hsiung (administrator of the Estate of Joseph Hsiung), FBGM Inc., Mei Li Hsiung, Wan Fu Yuan, Inc., David Hsiung has been GRANTED. The answer due date has been set for 1/18/2023. (sm) |
| Filing 13 STIPULATION TO EXTEND TIME TO ANSWER by All Defendants. (LEE, ALEX) |
| Filing 12 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants.. (LEE, ALEX) |
| Clerk`s Text Order - The document #12 Application for Clerk's Order to Ext Answer/Proposed Order submitted by Mei Li Hsiung(administrator of the Estate of Joseph Hsiung), FBGM Inc., Mei Li Hsiung, Wan Fu Yuan, Inc., David Hsiung has been GRANTED. The answer due date has been set for 1/11/2023. (ld, ) |
| Filing 11 SUMMONS Returned Executed by Joe Chien. Wan Fu Yuan, Inc. served on 12/7/2022, answer due 12/28/2022. (SCHWEITZER, AARON) |
| Filing 10 SUMMONS Returned Executed by Joe Chien. David Hsiung served on 12/7/2022, answer due 12/28/2022. (SCHWEITZER, AARON) |
| Filing 9 SUMMONS Returned Executed by Joe Chien. (SCHWEITZER, AARON) |
| Filing 8 SUMMONS Returned Executed by Joe Chien. Mei Li Hsiung(administrator of the Estate of Joseph Hsiung) served on 12/7/2022, answer due 12/28/2022. (SCHWEITZER, AARON) |
| Filing 7 SUMMONS Returned Executed by Joe Chien. FBGM Inc. served on 12/7/2022, answer due 12/28/2022. (SCHWEITZER, AARON) |
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Filing 6
LETTER ORDER granting request for an extension of time pursuant to Federal Rules of Civil Procedure 4(m) by forty-five (45) days to serve defendants in the above referenced matter, meaning that the time to serve Defendants would be from December 12, 2022 to January 26, 2023. Signed by Magistrate Judge Jessica S. Allen on 12/7/2022. (ld)
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| Filing 5 Letter from Aaron Schweitzer., Requesting Extension of Time to Serve Defendants until January 26, 2023. /pk re #1 Complaint,. (Attachments: #1 Exhibit Email Req to Waive Service)(SCHWEITZER, AARON) |
| Filing 4 SUMMONS ISSUED as to FBGM Inc., David Hsiung, Mei Li Hsiung(administrator of the Estate of Joseph Hsiung), Mei Li Hsiung, Wan Fu Yuan, Inc.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (JB, ) |
| Case Assigned to Judge Esther Salas and Magistrate Judge Jessica S. Allen. (ak, ) |
| Filing 3 Request for Summons to be Issued by Joe Chien as to FBGM Inc., David Hsiung, Mei Li Hsiung(administrator of the Estate of Joseph Hsiung), Mei Li Hsiung, Wan Fu Yuan, Inc.. (SCHWEITZER, AARON) |
| Filing 2 NOTICE by Joe Chien of Consent to Become Party Plaintiff in FLSA Action (SCHWEITZER, AARON) |
| Filing 1 COMPLAINT against FBGM Inc., David Hsiung, Mei Li Hsiung(administrator of the Estate of Joseph Hsiung), Mei Li Hsiung, Wan Fu Yuan, Inc. ( Filing and Admin fee $ 402 receipt number ANJDC-13687108) with JURY DEMAND, filed by Joe Chien. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Appendix Document Preservation Demand, #3 Appendix Notice of Lien and Assignment, #4 Appendix Retaliation Warning)(SCHWEITZER, AARON) |
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