Li v. Elaine's Asian Bistro Corp. et al
| Da Yong Li, Yang Yang, Abbeydawn Ruan, Dong Lin, Wang Yue Liang and Jian Ma |
| Elaine Ho, Hongtao Xie, Sue-Kee Ho, Jimin "Jimmy" Zhou, Elaine's Asian Bistro Corp. d/b/a Elaine's Bistro and Grill and Elaine's Asian Bistro Corp. doing business as Elaine's Bistro and Grill |
| Marjorie E. Berman |
| 1:2017cv03020 |
| May 18, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| James R Cho |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on February 8, 2022. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE without prejudice: Dkt. #91 Stipulation of Dismissal by Dong Lin is hereby approved and entered as an Order of the Court. The Clerk of Court is respectfully directed to close this case. Ordered by Magistrate Judge James R. Cho on 2/8/2022. (Gillespie-Cardo, Saudia)
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ORDER granting #92 Motion to Amend/Correct/Supplement. The Clerk of Court is respectfully directed to update the docket sheet to correct the spelling of plaintiff's name. Ordered by Magistrate Judge James R. Cho on 2/8/2022. (Gillespie-Cardo, Saudia) Modified typographical error on 2/8/2022 (Gillespie-Cardo, Saudia).
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| Filing 92 Letter MOTION to Amend/Correct/Supplement caption by Dong Li. (Qu, Ge) |
| Filing 91 STIPULATION of Dismissal by Dong Li (Qu, Ge) |
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STATUS REPORT ORDER: During the telephonic status conference held on 1/24/2022, plaintiffs' counsel was directed to voluntarily dismiss this action without a settlement, or the parties shall file their Cheeks submissions for the Court's review by 1/28/2022. The parties have failed to comply. The time to file is extended to 2/9/2022. Ordered by Magistrate Judge James R. Cho on 2/2/2022. (Gillespie-Cardo, Saudia)
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| Minute Entry: Telephonic Status Conference held on 1/24/2022 before Magistrate Judge James R. Cho. Appearances by Ge Qu for plaintiff Dong Li and David Yan for defendants. Case discussed. Plaintiff intends to leave the country and counsel is uncertain whether plaintiff wants to proceed with settlement. On consent of the parties, by 1/28/2022, plaintiff shall voluntarily dismiss this action without a settlement, or the parties shall file their Cheeks submissions for the Court's review. (AT&T Conference Bridge.) (Gillespie-Cardo, Saudia) |
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RE-SCHEDULING ORDER: Due to an unanticipated change in the Court's calendar, the time of the telephone conference previously scheduled for 2:00 p.m. on January 24, 2022 is adjourned to 12:00 p.m. before Magistrate Judge James R. Cho. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 1/13/2022. (Gillespie-Cardo, Saudia)
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| Filing 90 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge James R. Cho for all further proceedings. Judge Eric R. Komitee no longer assigned to case 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. (Guy, Alicia) |
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SCHEDULING ORDER: The jury selection and trial previously scheduled for 1/5/2022 is canceled. A telephone conference will be held on 1/24/2022 at 2:00 p.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 1/3/2022. (Gillespie-Cardo, Saudia)
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| Case no longer referred to Magistrate Judge James R. Cho. (Guy, Alicia) |
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ORDER: In light of the stipulations of dismissal filed and the settlement as to the remaining plaintiff, Dong Li, the Court adjourns the 1/3/2022 status conference. Parties to file their Cheeks submissions for the Court's review by 1/17/2022. Ordered by Magistrate Judge James R. Cho on 1/3/2022. (Gillespie-Cardo, Saudia)
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| Filing 89 STIPULATION of Dismissal against Elaine Ho and Sue-Kee Ho by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Qu, Ge) |
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SCHEDULING ORDER: A telephone conference will be held on 1/3/2022 at 10:00 a.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 12/29/2021. (Gillespie-Cardo, Saudia)
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| Filing 88 STIPULATION of Dismissal amended stipulation of dismissal between some plaintiffs and defaulting defendants by Da Yong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Qu, Ge) |
| Filing 87 CONSENT to Jurisdiction by US Magistrate Judge by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Qu, Ge) |
| Filing 86 STIPULATION of Dismissal of some plaintiffs against defaulting defendants by Da Yong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Qu, Ge) |
| Filing 85 STIPULATION of Dismissal of some plaintiffs against appearing defendants by Da Yong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Qu, Ge) |
| Minute Entry: Pre-trial conference held before Magistrate Judge James R. Cho on 12/28/2021. Ge Qu appeared for plaintiffs and David Yan appeared for Elaine's Asian Bistro Corp., Hongtao Xie and Jimin Zhou. Defendants, Mr. Xie and Mr. Zhou, also appeared. Trial logistics discussed. Parties consented on the record to a bench trial and to proceed before the Magistrate Judge for all purposes going forward. Settlement discussions held off the record. Case settled as to the remaining, participating plaintiff, Dong Li. Findings made on the record that the settlement amount is fair and reasonable; plaintiffs' counsel is not seeking to recover fees or costs.Parties to file a stipulation of dismissal as to the 5 non-responsive plaintiffs (i.e., Da Yong Li, Yang Yang, Abbeydawn Ruan, Wang Yue Liang and Jian Ma), and 2 non-appearing defendants (Elaine Ho and Sue-Kee Ho), by 5 p.m. on 12/28/2021. Parties are encouraged thereafter to file an executed AO 85 Consent Form. The deadline for submitting the proposed jury charges, verdict sheets, and voir dire is adjourned. (Zoom recording) (Gillespie-Cardo, Saudia) |
| Filing 84 Letter reporting to the Court that I had close contact with an employee who had Covid-19 illness on December 8, 2021 by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie (Yan, David) |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge James R. Cho for all further proceedings. Magistrate Judge Steven Tiscione no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 12/27/2021. (Davis, Kimberly)
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ORDER: The in-person previously scheduled for 12/28/2021 at 10:00 a.m. before Magistrate Judge James R. Cho is converted to Zoom. The Zoom conference information will be e-mailed to counsel. To access this conference telephonically, please dial 646 828 7666 and use Meeting ID 161 235 1787 Passcode 089827. The parties should come prepared to discuss their failure to comply with Rule V.B.3 of the District Judge's rules governing the submission of "requests to charge [and] proposed verdict sheets" and the 12/9/2021 Order to file proposed voir dire questions. The parties also should come prepared to discuss settlement and have clients with settlement authority immediately available online or by telephone. Notwithstanding the Court's decision to convert this proceeding to remote, at defense counsel's request, the Court reminds the parties that jury selection commencing on January 5, 2022 will be conducted in person. Ordered by Magistrate Judge James R. Cho on 12/27/2021. (Gillespie-Cardo, Saudia)
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| Filing 83 MEMORANDUM in Support re #82 Declaration, #81 Notice of MOTION for Judgment on the Pleadings pursuant to Rule 12(c)Notice of MOTION to Dismiss for failure to prosecute pursuant to Rule 41(b) filed by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Yan, David) |
| Filing 82 DECLARATION re #81 Notice of MOTION for Judgment on the Pleadings pursuant to Rule 12(c)Notice of MOTION to Dismiss for failure to prosecute pursuant to Rule 41(b) by David Yan in support of the Answering Defendants' Motions by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie (Attachments: #1 Exhibit A, First Amended Complaint, #2 Exhibit B, Answer to First Amended Complaint) (Yan, David) |
| Filing 81 Notice of MOTION for Judgment on the Pleadings pursuant to Rule 12(c), Notice of MOTION to Dismiss for failure to prosecute pursuant to Rule 41(b) by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Yan, David) |
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ORDER re #80 Letter filed by Wang Yue Liang, Da Yong Li, Yang Yang, Dong Li, Abbeydawn Ruan, Jian Ma. The Court is in receipt of Plaintiffs' counsel's letter indicating that at least one plaintiff (Da Dong Lin) intends to attend the trial beginning January 5. Plaintiffs' counsel is directed to indicate, by the close of business on December 28, whether any plaintiff(s) will require the services of an interpreter at trial. Counsel is reminded that in civil trials, the burden of arranging and paying for interpreters rests with the parties. See Guide to Judiciary Policy, Vol. 5, Ch 2, 260. Plaintiffs' counsel shall provide the name of any interpreter(s) who will be attending the trial on or before the close of business on December 28. In addition, as previously directed, Plaintiffs' counsel should file stipulations of dismissal for those plaintiffs who have confirmed that they do not intend to pursue the case at trial (Da Yong Li, Yang Yang, and Jian Ma), no later than close of business on December 28.Ordered by Judge Eric R. Komitee on 12/23/2021. (Iseman, Eugenie)
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| Filing 80 Letter re Court Order dated 12/17/21 by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Qu, Ge) |
| Filing 79 TRANSCRIPT of Proceedings held on December 17, 2021, before Judge Komitee. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/10/2022. Redacted Transcript Deadline set for 1/20/2022. Release of Transcript Restriction set for 3/20/2022. (Neptune, Pierre) |
| Filing 78 Minute Entry for proceedings held before Judge Eric R. Komitee: Status Conference held on 12/17/2021. Plaintiffs did not appear at today's conference as directed. The Court directed Plaintiffs' counsel to use his best efforts to contact and communicate with each of his clients, and to inform the Court no later than close of business on December 21, 2021 whether or not each individual Plaintiff intends to appear at trial. If any Plaintiff does not intend to appear, Plaintiffs' counsel must file a stipulation of dismissal for that Plaintiff, also by the close of business on December 21. Plaintiffs' counsel advised the Court on the record that plaintiff Da Yong Li has expressly stated that he wishes to abandon his claims in this action; Plaintiffs' counsel is directed to file a stipulation of dismissal as to Da Yong Li, also by December 21. Defendants shall file motions, if any, by December 24 at 5 p.m. Jury selection remains scheduled for January 5, 2022. (FTR Log #10:53 - 11:13.) (Guy, Alicia) |
| Filing 77 Letter by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Qu, Ge) |
| Filing 76 Letter reporting that one of the employees in the David Yan's Office has been ill infected by COVID-19 since last week, by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie (Yan, David) |
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ORDER re #76 Letter filed by Defendants. Counsel for Defendants is permitted to appear by telephone at tomorrow's status conference. The Court will contact Mr. Yan with the dial-in information. Plaintiffs and Plaintiffs' counsel must appear in person. Ordered by Judge Eric R. Komitee on 12/16/2021. (Iseman, Eugenie)
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SCHEDULING ORDER re #75 Letter MOTION to Dismiss the Complaint pursuant to Rule 41(b) -- A conference will be held on December 17, 2021, at 10:30 a.m., in Courtroom 6G North of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, at which counsel for both parties and all plaintiffs must appear in person. The plaintiffs and counsel are directed to appear fifteen minutes prior to the start time of this conference. Mr. Qu is directed to provide a copy of this order to plaintiffs and to use his best efforts to speak with plaintiffs by telephone or in person to inform them of its substance. Plaintiffs are hereby warned that if any plaintiff does not comply with this Court's order to appear at the status conference, that plaintiff's claims may be dismissed for non-prosecution and failure to comply with Court orders.Ordered by Judge Eric R. Komitee on 12/13/2021. (Iseman, Eugenie)
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| Filing 75 Letter of Answering Defendants for letter motion to dismiss the Complaint pursuant to Rule 41(b) by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie (Yan, David) |
| Filing 74 RESPONSE TO ORDER TO SHOW CAUSE by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Attachments: #1 Exhibit 1) (Qu, Ge) |
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ORDER: Jury Selection will be held on 1/5/2022 at 9:00 a.m. in Courtroom 2A South before Magistrate Judge James R. Cho. Parties to file proposed voir dire by 12/22/2021 in accordance with the District Judge's Individual Practices and Rules. In-person conference to discuss voir dire and jury selection process scheduled for 12/28/2021 at 10 a.m. in Courtroom 11D South. Ordered by Magistrate Judge James R. Cho on 12/9/2021. (Gillespie-Cardo, Saudia)
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Filing 73
ORDER -- The parties are now ORDERED to file the revised joint pretrial order and the Plaintiffs' affidavits by 12 p.m. on December 10, 2021. In addition, Plaintiffs are ORDERED to show cause by that same time why this case should not be dismissed for failure to prosecute. If the parties do not comply with these revised deadlines and fail to demonstrate good cause for such failure, the court will consider imposing sanctions. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 12/7/2021. (Guy, Alicia)
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| Filing 72 Letter regarding the Answering Defendants' Responses to the Plaintiffs Trial Declarations by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie (Yan, David) |
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ORDER denying #71 Motion for Extension of Time to File -- The request is denied. Plaintiffs shall submit their affidavits by the close of business on November 24, 2021. Defendants' responses, if any, are due on or before December 1, 2021. The parties shall submit a revised proposed joint pretrial order by November 24, 2021. Ordered by Judge Eric R. Komitee on 11/23/2021. (Guy, Alicia)
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| Filing 71 Consent MOTION for Extension of Time to File pretrial submissions and adjourn trial by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Qu, Ge) |
| Filing 70 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Elaine Ho, Sue-Kee Ho has failed to appear or otherwise defend this action, the default of defendant Elaine Ho, Sue-Kee Ho is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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ORDER granting in part #68 Motion for Extension of Time to File. In light of the approaching trial date, which is set for January 4, 2022, the Plaintiffs shall submit affidavits by November 19, 2021. Defendants' responses, if any, are due on or before November 26, 2021. The parties shall submit a revised proposed joint pretrial order by November 19, 2021. Ordered by Judge Eric R. Komitee on 11/12/2021. (Iseman, Eugenie)
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| Filing 69 Request for Certificate of Default by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Attachments: #1 Affidavit in Support, #2 Proposed Order, #3 Proposed Order) (Qu, Ge) |
| Filing 68 Consent MOTION for Extension of Time to File Plaintiffs' affidavits and parties' revised joint pretrial order by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Qu, Ge) |
| Filing 67 Minute Entry for proceedings held before Judge Eric R. Komitee: Pretrial Conference held on 10/8/2021. As discussed, by November 8, 2021 Plaintiffs shall file a request for a certificate of default against the non-appearing defendants and submit affidavits. Defendants shall submit a response to the affidavits, if any, by November 22, 2021. Also, by November 8, the parties shall submit a revised joint pretrial order. Jury selection is set for January 3, 2022 before a magistrate judge. Trial will begin at 9:30 a.m. on January 4, 2022. The request to seal docket entry #66 was granted. The Clerk of Court is respectfully directed to seal docket entry #66 . (FTR Log #10:28 - 10:52.) (Guy, Alicia) |
| Filing 66 Letter that answering defendants' counsel will appear tomorrow on 10/8/2021 by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie (Yan, David) Sealed on 10/12/2021 pursuant to DE #67 (Guy, Alicia). |
| Filing 65 Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Pretrial Conference held on 8/17/2021. A further conference will be held on October 8, 2021, at 10:00 a.m. in person. (Electronically recorded.) (Guy, Alicia) |
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ORDER -- The pretrial conference set for August 17, 2021, at 3:30 p.m. will be held telephonically. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 8/13/2021. (Guy, Alicia)
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SCHEDULING ORDER -- Due to an unanticipated change in the Court's calendar, the pretrial conference previously scheduled for August 17, 2021, at 2:00 p.m. will instead begin at 3:30 p.m. on the same date in Courtroom 6G North. Ordered by Judge Eric R. Komitee on 7/9/2021. (Guy, Alicia)
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| Filing 64 Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Status Conference held on 11/18/2020. The Court directed the parties to be ready to proceed to trial on September 27, 2021. A pretrial conference is set for August 17, 2021, at 2:00 p.m. (Electronically recorded.) (Guy, Alicia) |
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ORDER granting #63 Motion for Hearing -- A status conference will be held on November 18, 2020, at 2:15 p.m. by telephone. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 10/16/2020. (Guy, Alicia)
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| Filing 63 MOTION for Hearing by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Qu, Ge) |
| Case Reassigned to Judge Eric R. Komitee. Judge Frederic Block no longer assigned to the case. 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. (Mahoney, Brenna) |
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SCHEDULING ORDER: The pre trial conference scheduled for March 27, 2020 @ 11AM is canceled, because this case will be re-assigned to a newly appointed judge. Counsel will receive notice from the new judge's chambers when a pre-motion conference is scheduled. Upon receipt of this email counsel shall confirm with each other that this conference is canceled. Ordered by Judge Frederic Block on 1/22/2020. (Innelli, Michael)
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SCHEDULING ORDER: The pre-trial conference scheduled for March 6, 2020 is being adjourned by the Court to March 27, 2020 @ 11AM, due to a conflict with the Court's calendar. Upon receipt of this email counsel shall confirm with each other the new date and time of this conference. Ordered by Judge Frederic Block on 1/22/2020. (Innelli, Michael)
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SCHEDULING ORDER: A pre trial conference is schedule for March 6, 2020 @ 11AM to schedule a trial date. Trial counsel shall appear at this conference so a firm trial date can be set. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application. Ordered by Judge Frederic Block on 12/17/2019. (Innelli, Michael)
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ELECTRONIC ORDER: Granting Keli Liu's motion #62 to withdraw as attorney for the plaintiffs. Attorney Keli Liu terminated. Ordered by Judge Frederic Block on 11/25/2019. (Innelli, Michael)
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ELECTRONIC ORDER: Plaintiff's letter application #61 is DENIED in part. Any require pretrial submissions including requests to charge, proposed voir dire questions, detailed statement of damage as well as motions in limine should not be filed until they are discussed at the pre-trial conference. The parties will be notified by the Court when a pre-trial conference is scheduled in this matter. Ordered by Judge Frederic Block on 11/25/2019. (Innelli, Michael)
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| Filing 62 MOTION to Withdraw as Attorney for the Plaintiffs (Keli Liu) by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Liu, Keli) |
| Filing 61 Consent MOTION for Extension of Time to File by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Liu, Keli) |
| Filing 60 Proposed Pretrial Order (Joint) by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Attachments: #1 Exhibit A. Stipulation of facts & Law, #2 Exhibit B. Plaintiffs' Witness List, #3 Exhibit C. Defendants' Witness List, #4 Exhibit D. Plaintiffs' Exhibit List, #5 Exhibit E. Defendants' Exhibit List) (Liu, Keli) |
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ORDER granting #59 Motion for Extension of Time to File: The time to submit the joint pretrial Order is extended to October 31, 2019. So Ordered by Magistrate Judge Steven Tiscione on 10/15/2019. (Vasquez, Lea)
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| Filing 59 Consent MOTION for Extension of Time to File the joint pretrial order for sixteen (16) days from October 15, 2019 to October 31, 2019 by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Yan, David) |
| Filing 58 MOTION to Withdraw as Attorney by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Zhu, Lian) |
| Filing 57 Minute Entry for Status Conference held on 7/24/2019 before Magistrate Judge Steven Tiscione: Qu for Plaintiff; Yan for Defendants. Parties have completed discovery and will not be making any dispositive motions.Accordingly, parties shall file the joint pretrial order by October 15, 2019. (FTR Log #10:43 - 10:48.) (Vasquez, Lea) Modified on 8/1/2019 (Campbell, Ian). (Main Document 57 replaced on 8/1/2019) (Campbell, Ian). (Main Document 57 replaced on 8/1/2019) (Vasquez, Lea). |
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ORDER granting #58 Motion to Withdraw as Attorney. Attorney Lian Zhu terminated. So Ordered by Magistrate Judge Steven Tiscione on 8/1/2019. (Vasquez, Lea)
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| Filing 56 NOTICE of Appearance by Ge Qu on behalf of Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (aty to be noticed) (Qu, Ge) |
| Filing 55 Consent MOTION to Adjourn Conference by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Liu, Keli) |
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ORDER denying #55 Motion to Adjourn Conference: Another attorney of record for Plaintiff, as reflected on the docket sheet, shall appear for the July 24th conference. So Ordered by Magistrate Judge Steven Tiscione on 7/23/2019. (Vasquez, Lea)
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SCHEDULING ORDER: An in-person status conference will be held at 10:00 a.m. on July 24, 2019 before the undersigned in Hearing Room N504. All counsel must attend. Counsel for Plaintiff is directed to immediately confirm this conference date and time with Defendants' counsel. So Ordered by Magistrate Judge Steven Tiscione on 7/21/2019. (Vasquez, Lea)
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| Filing 54 NOTICE of Appearance by Keli Liu on behalf of Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (aty to be noticed) (Liu, Keli) |
| Filing 53 MOTION to Withdraw as Attorney by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Ma, Rui) |
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ORDER re Status Report Order: Counsel are directed to immediately file the status report that was due on June 19th. So Ordered by Magistrate Judge Steven Tiscione on 7/1/2019. (Vasquez, Lea)
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ORDER granting #53 Motion to Withdraw as Attorney. Attorney Rui Ma terminated. So Ordered by Magistrate Judge Steven Tiscione on 7/1/2019. (Vasquez, Lea)
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STATUS REPORT ORDER: Counsel shall filed a joint status report confirming that discovery is complete no later than June 19th. So Ordered by Magistrate Judge Steven Tiscione on 6/14/2019. (Vasquez, Lea)
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ORDER granting #52 Motion for Extension of Time to Complete Discovery. All discovery to be completed by May 31, 2019 and deadline for beginning dispositive motion practice is extended to June 28, 2019. So Ordered by Magistrate Judge Steven Tiscione on 4/18/2019. (Vasquez, Lea)
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| Filing 52 Consent MOTION for Extension of Time to Complete Discovery by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Ma, Rui) |
| Filing 51 Minute Order for Motion Hearing held on 1/29/2019 before Magistrate Judge Steven Tiscione: Ma for Plaintiff; Yan for Defendants. For the reasons discussed on the record, Plaintiff's Motion to Compel #47 is granted. Defendants shall provide all information they have concerning any managers during the relevant time period as well as the stock certificates and records of ownership transfer by February 19, 2019. Defendants shall appear for depositions at Plaintiff counsel's office. The Court declines to impose sanctions at this time, but any further deviation from the FRCP or the Court's discovery deadlines will be met with sanctions. Deadline for completion of discovery is extended to April 15, 2019. Deadline for beginning dispositive motion practice is extended to May 15, 2019. (FTR Log #10:40 - 12:05.) (Vasquez, Lea) |
| Filing 50 REPLY in Support re #47 Second MOTION to Compel and for Sanctions and for Extension on Discovery Deadlines filed by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Ma, Rui) |
| Filing 49 RESPONSE in Opposition re #47 Second MOTION to Compel and for Sanctions and for Extension on Discovery Deadlines and Cross Motion to Compel Plaintiffs to Attend Depositions or in the alternate to strike the pleadings and to preclude Plaintiffs to testify in the trial filed by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Attachments: #1 Exhibit A, Notice of Depositions on Plaintiff Da Yong Li, et al., #2 Exhibit B, Email Communications, #3 Exhibit C, Corporate Defendant Elaine's Asian Bistro's Responses to Interrogatories, #4 Exhibit D, Corporate Defendant Elaine's Asian Bistro's Responses to Document Requests, #5 Exhibit E, Individual Defendant Hongtao Xie's Responses to Interrogatories, #6 Exhibit F, Individual Defendant Jimin Zhoui's Responses to Interrogatories) (Yan, David) |
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ORDER denying #48 Motion to Adjourn Conference; denying #48 Motion for Extension of Time to File Response/Reply. Defendants' counsel did not obtain Plaintiff's consent to make an adjournment request. Accordingly, the request to adjourn the conference is denied. Defendants counsel shall file the response to Plaintiff's motion by close of business today. So Ordered by Magistrate Judge Steven Tiscione on 1/28/2019. (Vasquez, Lea)
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| Filing 48 MOTION to Adjourn Conference on 1/29/2019 at 10:30 am, MOTION for Extension of Time to File Response/Reply as to Order on Motion to Compel,, Set Motion and R&R Deadlines/Hearings, #47 Second MOTION to Compel and for Sanctions and for Extension on Discovery Deadlines 1/26/2019 by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Yan, David) |
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ORDER deferring ruling on #47 Motion to Compel. Defendants' shall respond by 1/26/19. An in-person hearing will be held at 10:30 a.m. on January 29, 2019 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. So Ordered by Magistrate Judge Steven Tiscione on 1/22/2019. (Vasquez, Lea)
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| Filing 47 Second MOTION to Compel and for Sanctions and for Extension on Discovery Deadlines by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Attachments: #1 Exhibit 1: Defendants' Late Responses in violation of Court's Order, #2 Exhibit 2: Defendants' Verification on January 3, 2019, #3 Exhibit 3: Corporate Defendants' Deficient Responses to Interrogatories, #4 Exhibit 4: Deficiency Letter and Email by Plaintiffs, #5 Exhibit 5: Plaintiffs' Deposition Notices, #6 Exhibit 6: One of Attorney Yan's Refusal to Produce Defendants, #7 Exhibit 7: Plaintiffs' Good Faith Explanation of Deposition Venue) (Ma, Rui) |
| Filing 46 Minute Order for Motion Hearing held on 11/27/2018 before Magistrate Judge Steven Tiscione: Ma for Plaintiff; Yan for Defendants. For the reasons discussed on the record, Plaintiff's Motion to Compel #44 is granted.Defendants will provide formal answers to Plaintiff's interrogatories and document requests by December 11, 2018.Deadline for completion of discovery is extended to January 31, 2019; deadline for beginning dispositive motion practice is extended to February 28, 2019.Counsel shall electronically file a joint status report by February 8th confirming that discovery is complete. (FTR Log #11:24 - 11:49.) (Vasquez, Lea) |
| Filing 45 RESPONSE in Opposition re #44 Letter MOTION to Compel Defendants to Respond to Interrogatories and Requests for Document Production filed by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Yan, David) |
| Filing 44 Letter MOTION to Compel Defendants to Respond to Interrogatories and Requests for Document Production by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang. (Attachments: #1 Exhibit A: Plaintiffs' Good Faith Efforts to Solve Discovery Disputes) (Ma, Rui) |
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ORDER deferring ruling on #44 Motion to Compel. An in-person hearing will be held at 11:00 a.m. on November 27, 2018 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel for Defendants is directed to respond to the motion to compel no later than November 26th. So Ordered by Magistrate Judge Steven Tiscione on 11/19/2018. (Vasquez, Lea)
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| Filing 43 Minute Entry for Settlement Conference held on 8/14/2018 before Magistrate Judge Steven Tiscione: Ma for Plaintiff; Yan for Defendants. Settlement discussions were held but the parties were unable to reach a disposition at this time. Parties shall advise the Court when a further settlement conference would be productive. (FTR Log #1:38 - 1:40; 2:32 - 2:34.) (Vasquez, Lea) |
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ORDER. Counsel for Defendants is directed to immediately electronically file Defendants' settlement position which was due to the Court on July 30th. So Ordered by Magistrate Judge Steven Tiscione on 8/1/2018. (Vasquez, Lea)
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| Filing 41 MOTION to Adjourn Conference on 8/1/2018 to 8/10/2018 in the afternoon and 8/14/2018 by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Attachments: #1 Exhibit A, Docket Sheet of the Case in Conflict) (Yan, David) |
| Filing 40 Letter Re Plaintiffs' Settlement Position by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Attachments: #1 Exhibit 1: Damage Calculation for Da Yong Li, #2 Exhibit 2: Damage Calculation for Yang Yang, #3 Exhibit 3: Damage Calculation for Yue Liang Wang, #4 Exhibit 4: Damage Calculation for Jian Ma, #5 Exhibit 5: Damage Calculation for Abbeydawn Ruan, #6 Exhibit 6: Damage Calculation for Dong Lin) (Ma, Rui) |
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ORDER granting #41 Motion to Adjourn Conference. Settlement Conference originally scheduled for August 1, 2018 will now take place on August 14, 2018 at 1:00 pm. SO Ordered by Magistrate Judge Steven Tiscione on 7/31/2018. (Mishchenko, Lidiya)
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ORDER granting #38 Motion to Withdraw as Attorney. Attorney Phillip Hakyeon Kim terminated; granting #39 Motion to Withdraw as Attorney. Attorney Phillip Hakyeon Kim terminated. So Ordered by Magistrate Judge Steven Tiscione on 7/29/2018. (Vasquez, Lea)
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| Filing 39 MOTION to Withdraw as Attorney by Phillip H. Kim (corrected) by Da Yong Li. (Kim, Phillip) |
| Filing 38 MOTION to Withdraw as Attorney by Phillip H. Kim by Da Yong Li. (Kim, Phillip) |
| Filing 37 ANSWER to #32 Amended Complaint by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Yan, David) |
| Filing 36 Minute Entry for Initial Conference Hearing held on 5/16/2018 before Magistrate Judge Steven Tiscione: Hang for Plaintiff; Yan for Defendants. The Court sets the following discovery deadlines: Defendants will answer or otherwise respond to the amended complaint by 5/31/18;Deadline for completion of Rule 26(a) initial disclosures - 6/1/18; Completion of Phase I discovery - 7/16/18; Deadline for motions to join new parties or amend pleadings - 8/17/18; First requests for production of documents and interrogatories due by - 8/27/18; All fact discovery to be completed by 12/3/18; Final date to take first step in dispositive motion practice - 1/15/18. An in-person settlement conference will be held on August 1, 2018 at 11:00 a.m. Parties are to submit their respective settlement positions via ex parte electronic filing no later than July 30, 2018. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. (FTR Log #2:32 - 2:42.) (Vasquez, Lea) |
| Filing 35 CASE MANAGEMENT STATEMENT (Hang, Jian) |
| Filing 34 NOTICE of Appearance by Lian Zhu on behalf of Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (aty to be noticed) (Zhu, Lian) |
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SCHEDULING ORDER: The initial conference originally scheduled for September 12, 2017 is hereby restored to this Court's calendar for 2:00 p.m. on May 16, 2018. Counsel for all parties shall appear for the conference before the undersigned in Hearing Room N504. Counsel are directed to refer to the Court's Order dated 6/27/18, docket entry #6 , and complete the Discovery Plan Worksheet as instructed. So Ordered by Magistrate Judge Steven Tiscione on 4/14/2018. (Vasquez, Lea)
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| Filing 33 STATUS REPORT by Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (Ma, Rui) |
| Filing 32 AMENDED COMPLAINT against Elaine's Asian Bistro Corp., Elaine Ho, Sue-Kee Ho, Jimin "Jimmy" Zhou, Hongtao Xie, filed by Jian Ma, Abbeydawn Ruan, Dong Li, Da Yong Li, Wang Yue Liang, Yang Yang. (Ma, Rui) |
| Filing 31 NOTICE of Appearance by Rui Ma on behalf of Da Yong Li, Dong Li, Wang Yue Liang, Jian Ma, Abbeydawn Ruan, Yang Yang (aty to be noticed) (Ma, Rui) |
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STATUS REPORT ORDER: By April 13, 2018 counsel shall submit a status report letter as to how they wish to proceed with this case, since mediation was not successful. Ordered by Judge Frederic Block on 4/4/2018. (Innelli, Michael)
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| Filing 30 CONSENT to become party in a collective action. by Jian Ma (Hang, Jian) |
| Filing 29 CONSENT to become party in a collective action. by Wang Yue Liang (Hang, Jian) |
| Filing 28 CONSENT to become party in a collective action. by Dong Li (Hang, Jian) |
| Filing 27 CONSENT to become party in a collective action. by Abbeydawn Ruan (Hang, Jian) |
| Case returned from mediation. (Guy, Alicia) |
| REPORT of Mediation unsettled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Mediation Report Questionnaires due by 2/9/2018. (Weinstein, Robyn) Modified on 2/2/2018 (Weinstein, Robyn). |
| Filing 26 MOTION to Withdraw as Attorney by Paul Mendez by Da Yong Li, Yang Yang. (Kim, Phillip) |
| Filing 25 NOTICE of Appearance by Phillip Hakyeon Kim on behalf of All Plaintiffs (aty to be noticed) (Kim, Phillip) |
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ORDER granting #26 Motion to Withdraw as Attorney. Attorney Paul Mendez terminated. So Ordered by Magistrate Judge Steven Tiscione on 12/27/2017. (Vasquez, Lea)
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| Filing 24 CONSENT to become party in a collective action. by Yang Yang (Hang, Jian) |
| Filing 23 NOTICE of Change of address by Jian Hang (Hang, Jian) |
| Minute Entry for proceedings held before Judge Frederic Block: Paul Mendez, Esq. for the plaintiff and David Yan, Esq. for the defendants, all present. Pre-motion conference held on 10/10/2017. Plaintiffs anticipated motion for conditional class certification and the defendants anticipated motion to dismiss were discussed. The case is referred to court mediation prior to any motions being served.(Court Reporter: Not Reported) (Innelli, Michael) |
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ORDER REFERRING CASE to Mediation. Mediation shall be completed by 12/15/17Selection of Mediator due by 10/24/2017. Ordered by Judge Frederic Block on 10/11/2017. (Innelli, Michael)
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| SELECTION OF MEDIATOR Marjorie E. Berman selected as Mediator. The first mediation session will take place on December 11, 2017 at 10:00am at the Law Offices of Krantz & Berman 747 Third Avenue, 32nd Floor New York, NY 10017. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned to Robyn Weinstein, ADR Administrator, Robyn_Weinstein@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 12/26/2017. (Weinstein, Robyn) |
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SCHEDULING ORDER: Both letter applications #16 and #20 will be discussed at the pre-motion conference on October 10, 2017 @ 11am and the pre-motion conference scheduled on October 20, 2017 is canceled. Upon receipt of this email counsel shall confirm with each other that the October 20, 2017 conference is canceled. Ordered by Judge Frederic Block on 10/2/2017. (Innelli, Michael)
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Filing 22
ELECTRONIC ORDER: Plaintiff's letter application #20 dated 9/12/17 is GRANTED. A pre motion conference is scheduled for October 10, 2017 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application. Ordered by Judge Frederic Block on 9/20/2017. (Innelli, Michael)
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| Filing 21 RESPONSE in Opposition re #20 MOTION for pre motion conference for collective certification filed by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Yan, David) |
| Filing 20 MOTION for pre motion conference for collective certification by Da Yong Li. (Mendez, Paul) |
| Filing 19 MOTION for Extension of Time to File Answer re #1 Complaint, pending the outcome of the Defendants' motion to dismiss, MOTION to Stay re #1 Complaint, pending the outcome of the Defendants' motion to dismiss by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Yan, David) |
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ORDER granting #19 Motion for Extension of Time to Answer ; granting #19 Motion to Stay. The time for appearing defendants to answer is extended to 1 week after resolution of the pending motion to dismiss if the case survives the motion. The initial conference scheduled for September 12th is adjourned without date. So Ordered by Magistrate Judge Steven Tiscione on 9/1/2017. (Vasquez, Lea)
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Filing 18
SCHEDULING ORDER: The defendant's letter application #16 dated 8/17/17 is GRANTED. A pre motion conference is schedule for October 20, 2017 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application. Ordered by Judge Frederic Block on 8/29/2017. (Innelli, Michael)
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| Filing 17 Letter opposition for Pre-Motion Conference to Dismiss by Da Yong Li (Mendez, Paul) |
| Filing 16 Letter Application for Pre-Motion Conference to Dismiss as per RPCP Rule 12(b)(6) and 4(e) by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie (Yan, David) |
| Filing 15 NOTICE of Appearance by David Yan on behalf of Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie (notification declined or already on case) (Yan, David) |
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ORDER granting #14 Motion for Extension of Time to Answer: All Defendants are directed to respond to the #1 Complaint by August 31, 2017. So Ordered by Magistrate Judge Steven Tiscione on 8/18/2017. (Friedman, Matthew)
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| Filing 14 MOTION for Extension of Time to File Answer or Move by Elaine's Asian Bistro Corp., Jimin "Jimmy" Zhou, Hongtao Xie. (Yan, David) |
| Filing 13 Letter re-service explanation by Da Yong Li (Mendez, Paul) |
| Filing 12 SUMMONS Returned Executed by Da Yong Li. Elaine Ho served on 7/27/2017, answer due 8/17/2017; Sue-Kee Ho served on 7/27/2017, answer due 8/17/2017; Jimin "Jimmy" Zhou served on 7/27/2017, answer due 8/17/2017; Hongtao Xie served on 7/27/2017, answer due 8/17/2017. (Mendez, Paul) |
| Filing 11 SUMMONS Returned Executed by Da Yong Li. Elaine's Asian Bistro Corp. served on 7/18/2017, answer due 8/8/2017. (Mendez, Paul) |
| Filing 10 Request for Certificate of Default by Da Yong Li (Attachments: #1 Proposed Order, #2 Declaration, #3 Certificate of Service) (Mendez, Paul) |
| Filing 9 AFFIDAVIT/AFFIRMATION re #8 Request for Certificate of Default by Da Yong Li (Attachments: #1 Affidavit of Service) (Mendez, Paul) |
| Filing 8 Request for Certificate of Default by Da Yong Li (Attachments: #1 Proposed Order Certificate of Default) (Mendez, Paul) |
| Filing 7 SUMMONS Returned Executed by Da Yong Li. Elaine's Asian Bistro Corp. served on 5/22/2017, answer due 6/12/2017; Elaine Ho served on 5/22/2017, answer due 6/12/2017; Sue-Kee Ho served on 5/22/2017, answer due 6/12/2017; Jimin "Jimmy" Zhou served on 5/22/2017, answer due 6/12/2017; Hongtao Xie served on 5/22/2017, answer due 6/12/2017. (Mendez, Paul) |
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Filing 6
SCHEDULING ORDER: An in-person initial conference will be held at 2:00 p.m. on September 12, 2017 before the undersigned in Hearing Room N324 in the North Wing. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than September 8th. So Ordered by Magistrate Judge Steven Tiscione on 6/27/2017. (Vasquez, Lea)
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| Filing 5 NOTICE of Appearance by Paul Mendez on behalf of All Plaintiffs (aty to be noticed) (Mendez, Paul) |
| Filing 4 Summons Issued as to Elaine's Asian Bistro Corp., Elaine Ho, Sue-Kee Ho, Jimin "Jimmy" Zhou, Hongtao Xie. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Steven Tiscione. 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9539279 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Da Yong Li. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Hang, Jian) |
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