Jin et al v. Shanghai Original, Inc. et al
Jianmin Jin and Chunyou Xie |
Always Good Brothers, Inc., East Brother Corp, Yiu Fai Fong, Tun Yee Lam, Solomon C Liou, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original, Inc., Kiu Sang Si and Mimi Si |
1:2016cv05633 |
October 7, 2016 |
US District Court for the Eastern District of New York |
Brooklyn Office |
James Orenstein |
Allyne R. Ross |
Labor: Fair Standards |
29 U.S.C. ยง 201 Fair Labor Standards Act |
None |
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Filing 216 ORDER ADOPTING REPORT AND RECOMMENDATIONS: adopting in part Report and Recommendations 213 as to the hourly rates and cost calculation determined; and revising in part as to the hours for which plaintiff's attorneys may be compensated and the decision to impose sanctions. I award plaintiff $31,481.70 in reasonable attorneys' fees and $5,155.64 in costs. The Clerk of Court is directed to enter judgment accordingly and close the case. Ordered by Judge Allyne R. Ross on 8/18/2020. (Roeck, Victoria) |
Filing 207 ORDER denying 202 Motion for Reconsideration. Ordered by Judge Allyne R. Ross on 10/7/2019. (Taitz, Sarah) |
Filing 190 FINDINGS OF FACT AND CONCLUSIONS OF LAW: As set forth in this opinion, I find that defendants East Brother, Lam, and Fong are liable for violations of the FLSA and the NYLL. Plaintiff is entitled to the following relief: (1) $11,184.23 in unpaid overtime compensation; (2) $11,184.23 in liquidated damages; (3) $8,945 in statutory notice violations; and (4) pre- and post-judgment interest. Plaintiff is also entitled to reasonable attorneys' fees and costs, and any forthcoming motion for such fees and costs is respectfully referred to Magistrate Judge Orenstein. Ordered by Judge Allyne R. Ross on 7/19/2019. (Gifford, Alison) |
Filing 185 ORDER re: 183 Letter Status of Haihua Zhai : For the reasons stated in the attached opinion, the court concludes that it does not have supplemental jurisdiction over Zhai's state-law claims, and the trial beginning on Monday, July 15, 2019 shall be limited to Jin's FLSA and NYLL claims. Ordered by Judge Allyne R. Ross on 7/12/2019. (Zimmer, Allison) |
Filing 181 ORDER: For the reasons stated in this order, I find that the requirements of Rule 23 are no longer met, and the class of Flushing restaurant employees is therefore decertified. Plaintiffs' counsel is ordered to provide notice of decertification to all class members. The notice should explain their rights to pursue their individual claims and the fact that the statute of limitations is no longer tolled. Plaintiffs' counsel is directed to submit a proposed decertification notice to the c ourt by July 19, 2019. The trial on behalf of named plaintiff Jianmin Jin is still scheduled for Monday, July 15, at 9:30am in Courtroom 8C. The parties are directed to review this order and call Chambers at 10:30am on July 11, 2019 for a pre-trial phone conference. Ordered by Judge Allyne R. Ross on 7/10/2019. (Gifford, Alison) |
Filing 115 ORDER granting 94 Motion for Reconsideration; granting in part and denying in part 100 Motion to Certify FLSA Collective Action: For the reasons stated in the attached opinion, the defendants' motion to decertify the collective action is g ranted; the plaintiffs' cross-motion for final certification of this collective action is denied; and the plaintiffs' Rule 23 motion for class certification is denied as to the Midtown location, but granted as to the Flushing location. The individual and class claims of the opt-in plaintiffs are dismissed without prejudice. Ordered by Judge Allyne R. Ross on 4/2/2018. (Wasserman, Matthew) |
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