Lu v. C & L Imperial, Inc. et al
| Fu-Chih Lu and Hoe Kyi Loo |
| "John" Lin, C & L Imperial, Inc., Chia Ling Chang and C & L Imperial, Inc. doing business as C & L Imperial Main Street Taiwanese Gourmet |
| 1:2018cv04550 |
| August 13, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Dora Lizette Irizarry |
| Roanne L Mann |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on October 10, 2018. A more recent docket listing may be available from PACER.
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| Filing 17 AFFIDAVIT/DECLARATION in Support re #14 MOTION for Settlement Agreement Approval Damage Calculation filed by Fu-Chih Lu. (Liu, Xiaoxi) |
| Filing 16 MOTION to Adjourn Conference Cheeks Hearing by Fu-Chih Lu. (Liu, Xiaoxi) |
| Filing 15 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Chief Mag. Judge Roanne L. Mann for all further proceedings. Chief Judge Dora Lizette Irizarry 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. (So Ordered by U.S. District Judge Dora L. Irizarry, on 10/9/2018) (Layne, Monique) |
| Case no longer referred to Chief Mag. Judge Roanne L. Mann. (Layne, Monique) |
SCHEDULING ORDER: A telephonic Cheeks hearing, initiated by plaintiff's counsel, will be held on November 2, 2018, at 10:15 a.m. Plaintiff is directed to submit to chambers, by October 18, 2018, the Damage Calculation referenced in docket entry #14-1. Ordered by Chief Mag. Judge Roanne L. Mann on 10/9/2018. (Kelson, Lise)
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| Filing 14 MOTION for Settlement Agreement Approval by Fu-Chih Lu. (Attachments: #1 Exhibit attorney bill) (Liu, Xiaoxi) |
| Filing 13 SETTLEMENT AGREEMENT by Fu-Chih Lu (Liu, Xiaoxi) |
| Filing 12 CONSENT to Jurisdiction by US Magistrate Judge by Fu-Chih Lu. (Liu, Xiaoxi) |
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ORDER granting, per 10/01/18 order #11 Motion to Seal. Ordered by Chief Mag. Judge Roanne L. Mann on 10/5/2018. (Kelson, Lise)
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ORDER. The Court provisionally rules that the parties may docket their settlement agreement into the ECF court file with access limited to case participants. However, the parties are warned that, after reviewing the document, the Court will require the public filing of a redacted version of the agreement. Ordered by Chief Mag. Judge Roanne L. Mann on 10/1/2018. (Kelson, Lise)
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| Filing 11 MOTION to Seal Settlement Agreement by Fu-Chih Lu. (Liu, Xiaoxi) |
| Filing 10 CERTIFICATE OF SERVICE by Fu-Chih Lu re Order,,,, Order to Show Cause,,, Scheduling Order,, (Liu, Xiaoxi) |
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SCHEDULING ORDER: The parties's Cheeks submissions are due by October 12, 2018. The parties are encouraged to promptly file an executed Section 636 consent form, in order to streamline the Cheeks review process. Plaintiff is directed forthwith to serve copies of this order on defendants and/or their counsel, and to docket proof of service into ECF. Defendants shall promptly enter their appearances. Ordered by Chief Mag. Judge Roanne L. Mann on 9/14/2018. (Kelson, Lise)
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ORDER re #9 Response to Order to Show Cause filed by Fu-Chih Lu --- The failure of plaintiff's attorney to coordinate with members of the law firm to respond to the magistrate judge's September 4th Order to Show Cause is a poor excuse for failing to comply with Court orders. Nonetheless, no sanctions will be imposed for this failure. However, counsel is admonished that future failures to comply properly with Court orders may be met with sanctions. Moreover, plaintiff's counsel's filing of a voluntary dismissal of this case while still negotiating the terms of a settlement undermines the underlying purposes of the Fair Labor Standards Act and appears to be an attempt to avoid a Cheeks review of any settlement. Such conduct will not be tolerated by the Court. This matter is referred to the magistrate judge for further proceedings. Plaintiff is directed to serve a copy of this Electronic Order on defendants within five days of the date of this Order and immediately thereafter file proof of such service with the Court. SO ORDERED by Chief Judge Dora Lizette Irizarry on 9/14/2018. (Irizarry, Dora)
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| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by Fu-Chih Lu (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Liu, Xiaoxi) |
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ORDER TO SHOW CAUSE -- By Electronic Order dated September 4, 2018, Chief Magistrate Judge Roanne L. Mann ordered Plaintiff to show cause why Plaintiff should be permitted to dismiss this Fair Labor Standards Act action without a Cheeks hearing. Plaintiff has failed to do so. Accordingly, Plaintiff is ordered to show cause by September 17, 2018 why Plaintiff's counsel should not be sanctioned for failure to comply with court orders. Plaintiff is on NOTICE that this action will NOT be dismissed without a Cheeks hearing until Plaintiff responds to the Order to Show Cause to this Court's satisfaction. Moreover, Plaintiff is directed to serve a copy of this Electronic Order on defendants within five days of the date of this Order. SO ORDERED by Chief Judge Dora Lizette Irizarry on 9/11/2018. (Carosella, Christy)
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| ELECTRONIC ORDER re #7 Notice of Voluntary Dismissal filed by Fu-Chih Lu. On August 31, 2018, plaintiff filed a Notice of Voluntary Dismissal (DE #7). As this is a FLSA case, any settlement of plaintiff's claims would require a Cheeks review. Thus, plaintiff is directed to show cause, via ECF, by September 7, 2018, why plaintiff should be permitted to dismiss this action without a Cheeks hearing. Ordered by Chief Mag. Judge Roanne L. Mann on 9/4/2018. (Proujansky, Josh) |
| Filing 8 NOTICE of Appearance by Jian Hang on behalf of Fu-Chih Lu (aty to be noticed) (Hang, Jian) |
| Filing 7 NOTICE of Voluntary Dismissal by Fu-Chih Lu (Hang, Jian) |
| 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) |
| 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) |
| Filing 4 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 3 Civil Cover Sheet.. Re #2 Proposed Summons/Civil Cover Sheet, #1 Complaint, by Fu-Chih Lu (Liu, Xiaoxi) |
| Filing 2 Proposed Summons. Re #1 Complaint, by Fu-Chih Lu (Liu, Xiaoxi) |
| Filing 1 COMPLAINT against C & L Imperial, Inc., Chia Ling Chang, "John" (First Name Unknown) Lin filing fee $ 400, receipt number 0207-10652003 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Fu-Chih Lu. (Liu, Xiaoxi) |
| Case assigned to Chief Judge Dora Lizette Irizarry and Chief Mag. Judge Roanne L. Mann. 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) |
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