Zhao v. Ke Zhang Inc. et al
| Piyou Zhao, Zhiqiang Wang and Jin Zhang |
| Jia Yong Zou, Xiang Keng Zhu, Li Hui Zhu, Zou Jia Yong, Inc, Chen Yi Zhu, Ke Zhang Inc., Zou Jia Yong, Inc doing business as T & T Restaurant, Ke Zhang Inc. doing business as You Jia, Ke Zhang Inc. doing business as Ke Zhang, Wen Chai Zou and Tengyu Zhu |
| 1:2018cv06452 |
| November 13, 2018 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| Eric R Komitee |
| Vera M Scanlon |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Defendant |
Docket Report
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ORDER. As to the interrogatory responses noted at #89 , Plaintiffs confirm that the responses have been updated at #91 . Discovery is certified as closed. Dispositive motion practice must commence by 1/12/2024. Ordered by Magistrate Judge Vera M. Scanlon on 11/21/2023. (GS)
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| Filing 91 Letter responding to Defendants' letter on October 18, 2023 by Zhiqiang Wang, Jin Zhang, Piyou Zhao (Liu, Yuezhu) |
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ORDER granting #90 Motion for Extension of Time to File. In light of counsel's health issues, the deadline to initiate dispositive motion practice in accordance with the District Judge's Individual Rules is extended to 1/12/2024.Defendants' letter states that Plaintiffs have failed to comply with the Court's Order dated 9/6/2023 directing Plaintiffs to provide updated interrogatory responses by 9/11/2023. By 10/26/2023, Plaintiffs must file a letter responding to Defendants' claim that they have failed to abide by the Court's Order. Ordered by Magistrate Judge Vera M. Scanlon on 10/23/2023. (GS)
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| Filing 90 Letter MOTION for Extension of Time to File Motion to Dismiss by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou. (Irwin, Stephen) |
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ORDER. Defendants' letter motion to compel at ECF No. #89 is granted in part and denied in part. To the extent that Plaintiffs are withholding documents or information as privileged or subject to protection as trial-preparation material, they must "expressly make the claim," and "describe the nature of the documents, communications, or tangible things not produced or disclosedand do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim." See Fed. R. Civ. P. 26(b)(5). Plaintiff Zhang is reminded of the Court's 7/18/2023 Order directing her to answer the interrogatories with as much specificity as possible. Plaintiffs are reminded that they must identify and provide the contact information for all individuals likely to have discoverable information that Plaintiffs may use to support their claims. See Fed. R. Civ. P. 26(a)(1)(A)(i). Plaintiffs will likely be precluded from relying on evidence provided by any individuals who are not identified pursuant to Rule 26(a).Defendants' request that Plaintiffs provide their trial witness list at this time, via affidavit or otherwise, is denied. Defendants' request for an expert witness list is denied. The parties did not seek expert discovery in the previously set discovery schedules. Defendants' reference to the NY CPLR is not applicable in this case.Plaintiffs must provide updated interrogatory responses by 9/11/2023. The parties are reminded of the 9/15/2023 deadline to initiate dispositive motion practice. Ordered by Magistrate Judge Vera M. Scanlon on 9/6/2023. (GS)
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| Filing 89 MOTION for Disclosure by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
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ORDER. Defendants' request at ECF No. #87 for an extension of time to initiate dispositive motion practice is granted. By 9/15/2023, the parties must initiate any dispositive motion practice in accordance with the Individual Rules of the District Judge and must account for prior dispositive motion practice. See ECF No. #52 . Ordered by Magistrate Judge Vera M. Scanlon on 7/26/2023. (GS)
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| Filing 88 Letter regarding the sanction against Defendants should be granted by Zhiqiang Wang, Jin Zhang (Liu, Yuezhu) Modified on 9/6/2023 (GS). |
| Filing 87 Proposed Scheduling Order by Ke Zhang Inc., Tengyu Zhu, Wen Chai Zou, Zou Jia Yong, Inc (Irwin, Stephen) Modified on 7/26/2023 (GS). |
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ORDER. Defendants' motion to compel at ECF No. #84 is granted in part and denied in part. As to Interrogatory Nos. 2, 8 and 9, Plaintiff must submit supplemental responses, answering the interrogatories with as much specificity as possible. As to the remaining interrogatories in dispute, Plaintiff need not provide supplemental responses, as the provided answers were responsive to the questions asked. Plaintiff is informed that, to the extent that she intends to rely on additional responsive information that was not stated in the responses with specificity, she may not be permitted to do so through trial testimony or submissions on any summary judgment motion.By 7/25/2023, Plaintiff is directed to serve supplemental interrogatory responses in accordance with the above instruction.Plaintiff requests that the Court sanction Defendants $3,000 "to compensate Plaintiffs' attorney fees incurred in order to respond their motion to compel." See ECF No. 85. If a motion to compel "is granted in part and denied in part, the court may issue any protective order authorized under Rule 26(c) and may, after giving an opportunity to be heard, apportion the reasonable expenses for the motion." Fed. R. Civ. P. 37(a)(5)(C). By 7/25/2023, the parties may submit a maximum of 2 pages each, stating their respective positions as to whether sanctions against Defendants are warranted. The Court reminds Plaintiff that, as discussed above, the Court deems some of the interrogatory responses to be insufficient. If Plaintiff wishes to withdraw her request for sanctions, she should do so by 7/20/2023. Counsel are encouraged to discuss a voluntary resolution to the fees dispute. Ordered by Magistrate Judge Vera M. Scanlon on 7/18/2023. (GS)
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| Filing 86 REPLY in Support re #84 MOTION to Compel filed by All Defendants. (Irwin, Stephen) |
| Filing 85 MEMORANDUM in Opposition re #84 MOTION to Compel filed by All Plaintiffs. (Attachments: #1 Declaration Attorney's, #2 1.Plaintiff Zhangs objection and responses to their first set of interrogatories, #3 2.Plaintiff Zhangs objection and responses to Defendants second set of interrogatories) (Liu, Yuezhu) |
| Filing 84 MOTION to Compel by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc. (Attachments: #1 Exhibit) (Irwin, Stephen) |
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ORDER. In light of the health issues discussed at #83 , the discovery deadline is extended through 6/16/2023 for the limited purpose of conducting discovery related to the claims brought by former Plaintiff Piyou Zhao and currently asserted by substituted Plaintiff Jin Zhang. By 7/14/2023, the parties must initiate any dispositive motion practice in accordance with the Individual Rules of the District Judge and must account for prior dispositive motion practice. See ECF No. #52 . If the parties do not commence dispositive motion practice, by 8/14/2023, the parties will file a proposed Joint Pretrial Order, which must address, among other things, the admissibility of the evidence intended to be proffered. Plaintiffs' letter at #82 reports that Plaintiffs cured the deficiency identified at #80 , and Defendants' #83 letter does not state whether a dispute still exists. Accordingly, the Court denies the motion at #80 as moot. To the extent that any discovery dispute remains, the parties are directed to confer by telephone in attempt to resolve the dispute. If the parties fail to resolve the dispute, Defendants may file a motion to compel by 5/12/2023. Ordered by Magistrate Judge Vera M. Scanlon on 4/24/2023. (GS)
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| Filing 83 MOTION for Extension of Time to Complete Discovery by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou. (Irwin, Stephen) |
| Filing 82 RESPONSE to Motion re #80 MOTION for Discovery filed by All Plaintiffs. (Liu, Yuezhu) |
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ORDER. Plaintiff has not responded to the motion at #80 despite the Court's 2/8/2023 Order. Plaintiff must respond by 3/22/2023. No reply needed. Ordered by Magistrate Judge Vera M. Scanlon on 3/16/2023. (GS)
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ORDER granting #81 Motion for Extension of Time to Complete Discovery. In light of the issues raised at #81 , the extension is granted. Defendants may file a motion to compel by 3/31/2023. Discovery is extended through 4/28/2023 for the limited purpose of conducting discovery related to the claims brought by former Plaintiff Piyou Zhao and currently asserted by substituted Plaintiff Jin Zhang. By 5/29/2023, the parties must initiate any dispositive motion practice in accordance with the Individual Rules of the District Judge and must account for prior dispositive motion practice. See ECF No. #52 . If the parties do not commence dispositive motion practice, by 6/30/2023, the parties will file a proposed Joint Pretrial Order, which must address, among other things, the admissibility of the evidence intended to be proffered. Ordered by Magistrate Judge Vera M. Scanlon on 3/16/2023. (GS)
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| Filing 81 Letter MOTION for Extension of Time to Complete Discovery by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou. (Irwin, Stephen) |
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ORDER. Plaintiff may respond to the letter motion at #80 by 2/10/2023 at 5:00 PM. The substitution of Plaintiff was first raised during the 10/4/2022 conference and approved on 12/31/2023, so Plaintiff has been aware of the likely need for information to be provided for months. Plaintiff must provide good cause for the delay. Ordered by Magistrate Judge Vera M. Scanlon on 2/8/2023. (GS)
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| Filing 80 MOTION for Discovery by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
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ORDER Cancelling Deadline -- Given the extension of discovery to March 10, 2023, the pretrial conference scheduled for February 10, 2023 before the undersigned is adjourned without date. Ordered by Judge Eric R. Komitee on 1/25/2023. (AG)
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ORDER granting #79 Motion to Withdraw as Attorney. Attorney Qinyu Fan terminated. Ordered by Magistrate Judge Vera M. Scanlon on 1/18/2023. (GS)
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| Filing 79 MOTION to Withdraw as Attorney by Zhiqiang Wang, Jin Zhang, Piyou Zhao. (Liu, Yuezhu) |
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ORDER. As discussed at the 1/10/2023 conference, Plaintiffs are to provide an updated demand to Defendants by 1/24/2023.Due to the substitution of deceased former Plaintiff Piyou Zhao with his wife, Jin Zhang, discovery is extended to 3/10/2023 for the limited purpose of conducting discovery related to the claims brought by former Plaintiff Piyou Zhao and currently asserted by substituted Plaintiff Jin Zhang. On or before 3/10/2023, the parties will file a joint letter certifying the close of discovery.On or before 4/7/2023, the parties will initiate any dispositive motion practice in accordance with the Individual Rules of the District Judge and must account for prior dispositive motion practice. See ECF No. #52 . If no dispositive motion practice is commenced, on or before 5/12/2023, the parties will file a joint Proposed Pretrial Order, which must address, among other things, the admissibility of the evidence intended to be proffered.Plaintiffs are directed to remove the appearance of Qinyu Fan, who is no longer representing Plaintiffs, from the docket. Defense counsel is directed to coordinate with the Clerk's Office to update his contact information. Defense counsel provided the following contact information to the Court at the 1/10/2023 conference: 59-14 146th Street, Flushing, NY 11355, 718-229-9688, sbirwin5@gmail.com.Ordered by Magistrate Judge Vera M. Scanlon on 1/13/2023. (JR)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 1/10/2023. Yuezhu Liu appearing on behalf of Plaintiffs. Stephen B. Irwin appearing on behalf of Defendants. (FTR Log #11:08-11:42.) (JR) |
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ORDER. The timely motion at #74 is granted on consideration of the submissions at #74 , #75 , #76 , #77 (incorrectly labeled as a consent to become a party in a collective action) and #78 . As the lawful spouse of a party and successor of the estate under New York law, NY EPTL 4-1.1(a)(1), Jin Zhang is qualified to be substituted for Plaintiff Piyou Zhao. As the Fair Labor Standards Act claims survive the Plaintiff's death, there is a purpose in the substiution. Martinez v. 35-50 81st St. Realty LLC, No. 20 Civ. 3167 (MKB) (SJB) 2021 WL 2877415 (E.D.N.Y. June 21, 2021), report & recommendation adopted by 2021 WL 2856720 (E.D.N.Y. July 8, 2021).The Clerk of Court is directed to amend the caption to name Jin Zhang as Plaintiff to replace Piyou Zhao. Defendants' counsel's request to dismiss the action by Piyou Zhao (now Jin Zhang) is denied. Ordered by Magistrate Judge Vera M. Scanlon on 12/31/2022. (GS)
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SCHEDULING ORDER: A Telephone Conference is set for 1/10/2023 at 11:00 AM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. The parties should be prepared to discuss the claims by Jin Zhang and preparation of the Joint Pretrial Order. The Joint Pretrial Order due date will be rescheduled during the conference. Counsel should be prepared to discuss settlement possibilities. Ordered by Magistrate Judge Vera M. Scanlon on 12/31/2022. (GS)
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| Filing 78 RESPONSE in Opposition re #74 MOTION to Substitute Party filed by All Defendants. (Irwin, Stephen) |
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ORDER. Defendant is to respond to the supplemental Rule 25 submission at #77 by 12/28/2022. The Joint Pretrial Order filing date is extended to 1/13/2023 in light of the continuing submissions on the substitution question.The Court seals the document at 77-2 because it contains Personal Identifying Information, except that the Court, counsel and the parties may access it. Ordered by Magistrate Judge Vera M. Scanlon on 12/22/2022. (GS)
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| Filing 77 CONSENT to become party in a collective action. by Piyou Zhao (Attachments: #1 Declaration Declaration of Jin Zhang, #2 Exhibit Certificate of Marriage Registration, #3 Declaration Declaration of Shanxin Zhao) (Liu, Yuezhu) |
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ORDER. By 12/19/2022, Plaintiff must address the issues raised in Defendants' letter at #76 , namely offering evidence of the marriage of decedent and any submissions to the Surrogate's Court, which may or may not be required because of the alleged marriage and size of the estate, but which may be required because of this lawsuit. If Plaintiff's counsel fails to make the necessary submission, the Court may need to deny the substitution motion at #74 . Ordered by Magistrate Judge Vera M. Scanlon on 12/14/2022. (GS)
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ORDER. As to the motion at #76 , the Court understands that to be two filings. First, it is an opposition to the filing at #74 . To the extent it is a motion to exclude evidence, it is denied without prejudice as premature until an appropriate party is substituted, discovery concludes if needed from that party, and the Joint Pretrial Order is filed by the 12/22/2022 deadline. Ordered by Magistrate Judge Vera M. Scanlon on 12/14/2022. (GS)
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| Filing 76 MOTION in Limine by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
| Filing 75 DECLARATION re #74 Letter Jin Zhang as a substitute for Plaintiff Piyou Zhao by Piyou Zhao (Attachments: #1 Declaration of Son Shanxin Zhao, #2 Declaration of Stepdaughter Yanjie Zhou) (Liu, Yuezhu) |
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ORDER. Further to the submission at #74 , the proposed plaintiff Jin Zhang must submit an affidavit attesting to the relevant facts laid out in the submission at #74 by 11/23/2022. Any opposition must be submitted by 11/30/2022. No reply permitted. Counsel should be prepared to submit the proposed Joint Pretrial Order by 12/22/2022 in preparation for the pretrial conference with the District Judge on 2/10/2023. Ordered by Magistrate Judge Vera M. Scanlon on 11/6/2022. (GS)
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| Filing 74 Letter regarding the capacity of deceased's wife for substitution by Piyou Zhao (Liu, Yuezhu) Modified on 12/14/2022 (GS). |
| Filing 73 MOTION to Adjourn Conference Schedule on October 14, 2022 by Zhiqiang Wang, Piyou Zhao. (Liu, Yuezhu) |
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ORDER granting #73 Motion to Adjourn Conference -- The request is granted on consent. The pretrial conference previously scheduled for October 14, 2022, is rescheduled for February 10, 2023, at 2:30 p.m. Ordered by Judge Eric R. Komitee on 10/12/2022. (AG)
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ORDER -- Due to a conflict in the Court's calendar, the pretrial conference previously scheduled for October 13, 2022, is rescheduled to October 14, 2022, at 2:30 p.m. Ordered by Judge Eric R. Komitee on 10/11/2022. (AG)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 10/4/2022. Yuezhu Liu appearing for Plaintiffs. Stephen B. Irwin appearing for Defendants. See separate docket entry for Order. (FTR Log #3:08-3:34.) (JR) |
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ORDER. Plaintiff Zhao's counsel has communicated with the decedent Plaintiff's stepdaughter who may be willing to substitute as a party Plaintiff. Counsel is not aware of in what capacity that substitution would occur (e.g., executor, administratrix, etc.). Counsel must research the possibilities and update the Court by letter by 10/25/2022. This Order is not an extension of the Rule 25 filing deadline. Counsel were reminded of their upcoming pretrial conference with the District Judge and were encouraged to discuss with each other their positions with regard to any possible trial schedule. Ordered by Magistrate Judge Vera M. Scanlon on 10/4/2022. (JR)
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ORDER. The request to extend the time to file the joint Proposed Pretrial Order until 10/11/2022 is granted without prejudice to a further request, if necessary. A Telephone Conference is set for 10/4/2022 at 3:00 PM before Magistrate Judge Vera M. Scanlon to discuss the Rule 25 motion. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. Any motion to postpone the 10/13/2022 pretrial conference must be made to the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 9/30/2022. (Scully, Nicole)
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ORDER granting #72 Motion to Withdraw as Attorney. Attorney Shan Zhu terminated. Ordered by Magistrate Judge Vera M. Scanlon on 9/16/2022. (Scully, Nicole)
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| Filing 72 MOTION to Withdraw as Attorney for Shan Zhu by Zhiqiang Wang, Piyou Zhao. (Hang, Jian) |
| Filing 71 Letter Noting Death of Piyou Zhao and Requesting Adjournment to Submit Proposed JPTO by Zhiqiang Wang, Piyou Zhao (Liu, Yuezhu) Modified on 9/30/2022 (Scully, Nicole). |
| Filing 70 Proposed Pretrial Order by Ke Zhang Inc., Tengyu Zhu, Wen Chai Zou, Zou Jia Yong, Inc (Attachments: #1 Declaration, #2 Declaration) (Irwin, Stephen) |
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SCHEDULING ORDER -- Due to an unanticipated change in the Court's calendar, the pretrial conference previously scheduled for August 8, 2022, is rescheduled to October 13, 2022, at 10:00 a.m. Ordered by Judge Eric R. Komitee on 8/3/2022. (Guy, Alicia)
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ORDER granting #69 Motion for Extension of Time to File. In light of counsel's medical issues, the schedule is revised as follows: 1) Defendants' counsel to email the draft JPTO with Defendants' input to Plaintiffs' counsel by 8/15/2022; 2) Plaintiffs' counsel to email the draft JPTO with Plaintiffs' objections to Defendants' counsel by 8/22/2022; 3) Counsel will confer via Zoom (link to be created by Plaintiffs' counsel) by 8/26/2022 for at least 1.5 hours to review the JPTO to resolve as many disputes as possible, consistent with the District Judge's Individual Rules; 4) Plaintiffs' counsel to file the final proposed JPTO on or before 9/2/2022. If counsel agree mediation via the Court's program would be helpful, they should submit a joint request. Ordered by Magistrate Judge Vera M. Scanlon on 7/5/2022. (Scully, Nicole)
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| Filing 69 Letter MOTION for Extension of Time to File Defendants Pre Trial Order by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
| Filing 68 NOTICE of Appearance by Yuezhu Liu on behalf of All Plaintiffs (aty to be noticed) (Liu, Yuezhu) |
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ORDER granting #67 Motion for Extension of Time to File. In light of counsel's medical issues, the schedule is revised as follows: 1) Defendants' counsel to email the draft JPTO with Defendants' input to Plaintiffs' counsel by 7/15/2022; 2) Plaintiffs' counsel to email the draft JPTO with Plaintiffs' objections to Defendants' counsel by 7/22/2022; 3) Counsel will confer via Zoom (link to be created by Plaintiffs' counsel) by 7/27/2022 for at least 1.5 hours to review the JPTO to resolve as many disputes as possible, consistent with the District Judge's Individual Rules; 4) Plaintiffs' counsel to file final proposed JPTO on or before 8/4/2022. Counsel are reminded of the August conference with the District Judge. If counsel agree mediation via the Court's program would be helpful, they should submit a joint request. Ordered by Magistrate Judge Vera M. Scanlon on 6/10/2022. (Scully, Nicole)
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| Filing 67 Letter MOTION for Extension of Time to File Defendants Pre Trial Order by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
| Filing 66 NOTICE of Appearance by Ziyi Gao on behalf of All Plaintiffs (aty to be noticed) (Gao, Ziyi) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 6/1/2022. Shan Zhu appearing for Plaintiffs. Stephen B. Irwin appearing for Defendants. See separate docket entry for conference Order. (FTR Log #10:41-10:43, 10:45-11:14.) (Dessources, Jose) |
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ORDER. Counsel disagree as to the process to date for the preparation of the JPTO. In order to conclude the preparation process efficiently, counsel will follow this schedule: 1) Plaintiffs' counsel to email the draft JPTO to Defendants' counsel on 6/1/22; 2) Defendants' counsel to email the draft JPTO with Defendants' input to Plaintiffs' counsel by 6/17/22; 3) Plaintiffs' counsel to email the draft JPTO with Plaintiffs' objections to Defendants' counsel by 7/1/22; 4) Counsel will confer via Zoom (link to be created by Plaintiffs' counsel) on 7/6/22 at 2 pm for at least 1.5 hours to review the JPTO to resolve as many disputes as possible, consistent with the District Judge's Individual Rules; 5) Plaintiffs' counsel to file final proposed JPTO on or before 7/15/22. Counsel are reminded of the August conference with the District Judge. If counsel agree mediation via the Court's program would be helpful, they should submit a joint request.Ordered by Magistrate Judge Vera M. Scanlon on 6/1/2022. (Dessources, Jose)
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SCHEDULING ORDER: A Telephone Conference is set for 6/1/2022 at 10:30 AM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Counsel should be prepared to discuss the allegations in the letter at #65 and a schedule for finalizing the joint Proposed Pretrial Order by mid-July. Ordered by Magistrate Judge Vera M. Scanlon on 5/25/2022 (Scully, Nicole)
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| Filing 65 Letter Pre-Trial Order by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc (Irwin, Stephen) |
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SCHEDULING ORDER -- A pretrial conference will be held on August 8, 2022, at 10:00 a.m. before the undersigned in person in Courtroom 6G North. Ordered by Judge Eric R. Komitee on 5/6/2022. (Guy, Alicia)
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| Filing 64 Letter re: JPTO and trial date by Zhiqiang Wang, Piyou Zhao (Attachments: #1 Exhibit P's JPTO) (Zhu, Shan) |
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STATUS REPORT ORDER: As discussed during the 3/23/2022 conference, on or before 4/29/2022, the parties will file their joint Proposed Pretrial Order. The parties will also include a cover letter that identifies counsel's lack of availability for a trial through the rest of the year. The parties waived their right to a jury trial and requested a bench trial. Ordered by Magistrate Judge Vera M. Scanlon on 3/23/2022. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 3/23/2022. Shan Zhu appearing for Plaintiffs. Stephen B. Irwin appearing for Defendants. (FTR Log #4:08-5:03.) (Quinlan, Krista) |
| Filing 63 STATUS REPORT by Zhiqiang Wang, Piyou Zhao (Zhu, Shan) |
| Filing 62 Letter to Judge Scanlon by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc (Irwin, Stephen) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 3/7/2022. Shan Zhu appearing for Plaintiffs. Stephen B. Irwin appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #10:58-11:17.) (Quinlan, Krista) |
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SCHEDULING ORDER: As discussed during the 3/7/2022 conference, the parties discussed settlement possibilities. On or before 3/21/2022, the parties are to file a status letter as to whether they are interested in mediation, including a referral to Court-annexed mediation. A Telephone Conference is set for 3/23/2022 at 4:00 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 3/7/2022. (Quinlan, Krista)
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SCHEDULING ORDER: A Telephone Conference is set for 3/7/2022 at 10:30 AM before Magistrate Judge Vera M. Scanlon. The parties should be prepared to review the Proposed Pretrial Order and discuss settlement possibilities. The parties should confer for at least an hour about the Proposed Pretrial Order and settlement possibilities at least three days before the conference with the court. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 2/22/2022. (Quinlan, Krista).
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ORDER granting #61 Motion to Withdraw as Attorney. Attorney Jiajing Fan terminated. Ordered by Magistrate Judge Vera M. Scanlon on 10/22/2021. (Scully, Nicole)
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| Filing 61 MOTION to Withdraw as Attorney Jiajing Fan by Zhiqiang Wang, Piyou Zhao. (Attachments: #1 Declaration Attorney Declaration) (Fan, Jiajing) |
| Filing 60 Proposed Pretrial Order by Zhiqiang Wang, Piyou Zhao (Fan, Jiajing) |
| Filing 59 NOTICE of Appearance by Shan Zhu on behalf of Zhiqiang Wang, Piyou Zhao (aty to be noticed) (Zhu, Shan) |
| Filing 58 REDACTION to #57 Letter Ke Zhang Bank Statements by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc (Irwin, Stephen) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 5/11/2021. Jiajing Fan appearing for Plaintiffs. Stephen B. Irwin appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:18-2:51.) (Quinlan, Krista) |
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ORDER terminating #53 Motion for Hearing. SCHEDULING ORDER: As discussed during the 5/11/2021 conference, the parties will continue settlement discussions. On or before 6/21/2021, the Parties will file their joint Proposed Pretrial Order. Defendants' counsel shall re-file redacted copies of [57-2]. Ordered by Magistrate Judge Vera M. Scanlon on 5/11/2021. (Quinlan, Krista)
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| Filing 57 Letter Settlement by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc (Attachments: #1 Exhibit Lease, #2 Bk Documents Bank Statements) (Irwin, Stephen) |
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RE-SCHEDULING ORDER: Due to a scheduling conflict, the Telephone Conference set for 5/11/2021 will begin at 2:15 PM (not 12:30 PM) (before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 5/3/2021. (Quinlan, Krista)
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SCHEDULING ORDER: A Telephone Conference is set for 5/11/2021 at 12:30 PM before Magistrate Judge Vera M. Scanlon.. The Parties shall be prepared to discuss their respective settlement positions. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 4/28/2021. (Quinlan, Krista)
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| Filing 56 Letter by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc (Irwin, Stephen) |
| Filing 55 Letter by Zhiqiang Wang, Piyou Zhao (Fan, Jiajing) |
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STATUS REPORT ORDER: On or before 4/27/2021, Plaintiff may reply to the #54 letter response. On or before 5/30/2021, the Parties will file their joint Proposed Pretrial Order in accordance with the Individual Rules of the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 4/22/2021. (Quinlan, Krista)
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| Filing 54 Letter Response by Ke Zhang Inc., Li Hui Zhu, Tengyu Zhu, Xiang Keng Zhu, Wen Chai Zou, Zou Jia Yong, Inc (Irwin, Stephen) |
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STATUS REPORT ORDER: On or before 4/21/2021, Defendant's counsel shall respond to the #53 letter motion for a settlement conference. Ordered by Magistrate Judge Vera M. Scanlon on 4/19/2021. (Quinlan, Krista)
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| Filing 53 Letter MOTION for Hearing Settlement Conference by Zhiqiang Wang, Piyou Zhao. (Attachments: #1 Exhibit Counsels' Email) (Fan, Jiajing) |
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Filing 52
MEMORANDUM & ORDER: Defendants' motion for summary judgment #44 is granted in part and denied in part. Defendants Li Hui Zhu and Xiang Keng Zhu are dismissed. Plaintiffs' FLSA claims against T&T restaurant and Wen Chai Zou are also dismissed. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 3/31/2021. (Guy, Alicia)
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ORDER re #44 -1 Rule 56.1 Statement -- In light of the parties' agreement to correct the case caption, the Clerk of Court is directed to amend the caption as follows: replace Ke Zhang, Inc. d/b/a You Jia with Ke Zhang, Inc. d/b/a Ke Zhang; Chen Yi Zhu with Wen Chai Zou; Xiang Keg Zhu with Xiang Keng Zhu; and Zou Jia Yong with Tengyu Zhu. Ordered by Judge Eric R. Komitee on 3/15/2021. (Guy, Alicia)
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| Filing 51 Minute Entry for proceedings held before Judge Eric R. Komitee: Hearing held on 3/8/2021 re #44 MOTION for Summary Judgment. Discussion held. Decision reserved. (Court Reporter Michele Lucchese.) (Guy, Alicia) |
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SCHEDULING ORDER re #44 MOTION for Summary Judgment -- Oral Argument will be held on March 8, 2021, 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 1/25/2021. (Guy, Alicia)
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| Filing 50 REPLY in Support re #46 Affidavit in Opposition to Motion, #44 MOTION for Summary Judgment , #48 Certificate of Service, #47 Rule 56.1 Statement, #45 Memorandum in Opposition filed by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc. (Attachments: #1 Rule 56.1 Statement) (Irwin, Stephen) |
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ORDER granting #49 Motion for Extension of Time to File Response/Reply -- On consent, the application is granted. Defendants shall file their reply by August 10, 2020. Ordered by Judge Eric R. Komitee on 8/3/2020. (Guy, Alicia)
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| Filing 49 First MOTION for Extension of Time to File Response/Reply by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
| Filing 48 CERTIFICATE OF SERVICE by Zhiqiang Wang, Piyou Zhao (Fan, Jiajing) |
| Filing 47 RULE 56.1 STATEMENT filed by Zhiqiang Wang, Piyou Zhao. (Fan, Jiajing) |
| Filing 46 AFFIDAVIT/DECLARATION in Opposition re #44 MOTION for Summary Judgment filed by Zhiqiang Wang, Piyou Zhao. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Fan, Jiajing) |
| Filing 45 MEMORANDUM in Opposition re #44 MOTION for Summary Judgment filed by Zhiqiang Wang, Piyou Zhao. (Fan, Jiajing) |
| Filing 44 MOTION for Summary Judgment by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc. (Attachments: #1 Rule 56.1 Statement, #2 Memorandum in Support, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Declaration, #8 Declaration) (Irwin, Stephen) |
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ORDER re #40 Motion for Pre Motion Conference -- The Court has reviewed the parties' pre-motion letters concerning defendants' anticipated motion for summary judgment and has determined that a pre-motion conference is not necessary. The motion shall be briefed as follows: Defendants shall serve their motion for summary judgment by June 22, 2020; Plaintiffs will serve their response to Defendants' motion by July 22, 2020; and Defendants shall serve their reply, if any, by August 3, 2020. Ordered by Judge Eric R. Komitee on 5/22/2020. (Guy, Alicia) Modified on 5/22/2020 (Guy, Alicia).
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| Filing 43 REPLY in Support Letter Motion filed by All Defendants. (Irwin, Stephen) |
| Filing 42 RESPONSE in Opposition re #40 Letter MOTION for pre motion conference Waiver filed by All Plaintiffs. (Fan, Jiajing) |
| Filing 41 RESPONSE to Motion re #40 Letter MOTION for pre motion conference Waiver filed by Zhiqiang Wang, Piyou Zhao. (Fan, Jiajing) |
| NOTICE: Defendants submitted a letter requesting the Court waive a pre-motion conference and issue a schedule on an anticipated motion for summary judgment on May 5, 2020. Plaintiffs' counsel is reminded that pursuant to rule III.A.3 of this Court's Individual Motion Practices and Rules, plaintiffs are required to serve and file a letter response of three pages or less, within five days from service of defendants' letter. (Guy, Alicia) |
| Filing 40 Letter MOTION for pre motion conference Waiver by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
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ORDER granting #39 Motion for Extension of Time to File. SCHEDULING ORDER: On or before 5/1/2020, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 4/17/2020. (Quinlan, Krista)
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| Filing 39 Second MOTION for Extension of Time to File Summary Judgment by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
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ORDER granting Defendants' #38 Motion for Extension of Time to File. SCHEDULING ORDER: On or before 4/17/2020, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 3/26/2020. (Quinlan, Krista)
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| Filing 38 MOTION for Extension of Time to File Summary Judgment Motion by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
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ORDER denying #36 Motion for Discovery; Order Certifying Discovery is complete.In October 2019, the Court issued an order granting in part, denying in part Defendants' motion to compel discovery seeking from Plaintiffs their passports, telephone bills, payroll records, time records, and federal tax returns. The Order stated that counsel should not expect any extensions in light of the delays in discovery which fail to show due diligence by both counsel. Parties were ordered to complete discovery by 12/31/2019, file a joint status report letter on 12/31/2019, and to file their JPTO by 2/28/2020. Parties failed to comply with this Order. The Parties were given an extension until 2/12/2020 to comply with the Order.On 2/12/2020, the Parties moved for an extension of time to complete discovery. At that time, the parties reported that all depositions have been completed, and they were seeking an extension to review the transcripts to see if any remaining items of discovery are outstanding. This Court granted the motion, extended the discovery deadline to 2/28/2020, and ordered the Parties to submit a joint status report letter by 2/28/2020. Parties failed to comply with the Order, again. The Parties were given an extension until 3/9/2020 to comply with the Order.On 3/9/2020, Defendants filed a letter moving to compel discovery from Plaintiffs. Defendants seek Plaintiffs' verification of hours and inspection of passports (the same information sought in the first motion to compel), and seek Plaintiffs' medical release forms (on the basis that Plaintiffs could not have worked days on which they were sick or hospitalized). The motion is denied. Defendants have failed to show good cause for the Court to grant yet another extension for the purpose of seeking previously-identified discovery. It is unreasonable to bring a motion to compel on the last day of discovery when there would be no time for Plaintiffs to respond within the discovery period. The information sought is, at best, impeachment evidence. It's lack of centrality to the case supports the conclusion that moving forward with the case is more important than extending discovery. Discovery certified as closed. Dispositive motion practice to commence by 3/27/2020, and JPTO to be filed by 4/24/2020. See 2/13/2020 Order. Ordered by Magistrate Judge Vera M. Scanlon on 3/16/2020. (Chean, Jasmine)
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| Filing 37 RESPONSE to Motion re #36 Letter MOTION for Discovery filed by Zhiqiang Wang, Piyou Zhao. (Attachments: #1 Exhibit Attorney Communication Email, #2 Exhibit Transcript, #3 Proposed Order Proposed Order) (Fan, Jiajing) |
| Filing 36 Letter MOTION for Discovery by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
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STATUS REPORT ORDER: The Parties failed to comply with the Court's 2/13/2020 Order. On or before 3/9/2020, the Parties must comply. The Parties are warned that failure to comply with the Court's Orders may result in sanctions. Ordered by Magistrate Judge Vera M. Scanlon on 3/5/2020. (Quinlan, Krista)
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ORDER granting #35 Motion for Extension of Time to Complete Discovery. All discovery must be completed by 2/28/2020. On or before 2/28/2020, the Parties will file a joint status report letter confirming that discovery is complete. On or before 3/27/2020, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 4/24/2020, the Parties will file their joint Proposed Pretrial Order. Ordered by Magistrate Judge Vera M. Scanlon on 2/13/2020. (Quinlan, Krista)
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| Filing 35 MOTION for Extension of Time to Complete Discovery by Zhiqiang Wang, Piyou Zhao (Attachments: #1 Supplement) (Fan, Jiajing) Modified on 2/13/2020 to add motion. (Quinlan, Krista). |
| Case Reassigned to Judge Eric R. Komitee. Judge Nicholas G. Garaufis 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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STATUS REPORT ORDER: The Parties failed to comply with the Court's 10/17/2019 Order. On or before 2/12/2020, the Parties must comply. The Parties are warned that failure to comply with the Court's Orders may result in sanctions. Ordered by Magistrate Judge Vera M. Scanlon on 2/10/2020. (Quinlan, Krista)
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| Filing 34 NOTICE of Appearance by Qinyu Fan on behalf of Zhiqiang Wang, Piyou Zhao (aty to be noticed) (Fan, Qinyu) |
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Filing 33
ORDER granting in part and denying in part #30 Motion for Discovery. As discussed during the 10/17/2019 conference (see attached order for additional detail and deadlines), all discovery must be completed by 12/31/2019. On or before 12/31/2019, the Parties will file a joint status report letter confirming that discovery is complete. On or before 1/31/2020, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 2/28/2020, the Parties will file their joint Proposed Pretrial Order. By the end of October, both sides need to conclude document productions, including interrogatories. All Discovery to be completed by 12/31/2019. Counsel should not expect any extensions in light of the delays in discovery which fail to show due diligence by both counsel. Ordered by Magistrate Judge Vera M. Scanlon on 10/17/2019. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 10/17/2019 in Courtroom 13A South. Jiajing Fan appearing for Plaintiffs. Stephen Irwin appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #4:42-5:49.) (Quinlan, Krista) |
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RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference set for 10/17/2019 will begin at 4:30 PM (not 3:30 PM) in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 10/15/2019. (Quinlan, Krista)
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| Filing 32 REPLY to Response to Motion re #30 First MOTION for Discovery filed by All Defendants. (Irwin, Stephen) |
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SCHEDULING ORDER: In light of the discovery disputes set forth at #30 , #31 , and #32 , counsel must meet and confer in person before 10/16/2019 at 5:00 PM. A Status Conference to discuss any remaining discovery issues is set for 10/17/2019 at 3:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Defendants should be prepared to explain their response to Plaintiffs' position that discovery was timely emailed to Defendants. If all issues are resolved prior to the Conference, the Parties shall contact the Court by 5:00 PM on 10/16/2019 to request that the Conference be adjourned. Ordered by Magistrate Judge Vera M. Scanlon on 10/9/2019. (Shanies, Rachel)
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ORDER: On or before 10/8/2019, Defendants shall file a reply to Plaintiffs' Response #31 to Defendants' Motion for Discovery #30 . Ordered by Magistrate Judge Vera M. Scanlon on 10/2/2019. (Shanies, Rachel)
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| Filing 31 RESPONSE to Motion re #30 First MOTION for Discovery filed by Zhiqiang Wang, Piyou Zhao. (Attachments: #1 Exhibit Email, #2 Exhibit Email, #3 Certificate of Service, #4 Exhibit Email, #5 Exhibit Letter, #6 Exhibit Mail to Defendants) (Fan, Jiajing) |
| Filing 30 First MOTION for Discovery by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
| Filing 29 Corporate Disclosure Statement by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc (Irwin, Stephen) |
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Filing 28
SCHEDULING ORDER: As discussed during the 7/16/2019 conference (see attached order for additional detail and deadlines), all discovery must be completed by 10/31/2019. On or before 10/31/2019, the Parties will file a joint status report letter confirming that discovery is complete. Defendants to provide complete responses to interrogatories by 8/30/2019. All documents responses to be provided by 8/31/2019. Defendants to issue document requests by 7/19/2019. Counsel are encouraged to discuss settlement. Plaintiff to provide a demand by 8/15/2019. Note: Defendants' position is that the Plaintiffs did not work at T&T because T&T Restaurant did not have a delivery service. Ordered by Magistrate Judge Vera M. Scanlon on 7/16/2019. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 7/16/2019 in Courtroom 13A South. Jiajing Fan appearing for Plaintiffs. Stephen Irwin appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:36-11:55.) (Quinlan, Krista) |
| Filing 27 STATUS REPORT JOINT LETTER by Zhiqiang Wang, Piyou Zhao (Fan, Jiajing) |
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RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference set for 7/16/2019 will begin at 11:30 AM (not 1:00 PM) in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 7/15/2019. (Quinlan, Krista) Modified on 7/15/2019 to correct time. (Quinlan, Krista).
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ORDER: The Parties failed to file the joint status report letter required by the Court's 2/6/2019 Scheduling Order. The Parties are to file a joint status report letter by 4:00 PM on 7/15/2019. Ordered by Magistrate Judge Vera M. Scanlon on 7/12/2019. (Shanies, Rachel)
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RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference set for 7/16/2019 will begin at 1:00 PM (not 4:00 PM) in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 7/8/2019. (Quinlan, Krista)
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| Filing 26 ANSWER to #25 Amended Complaint by All Defendants. (Irwin, Stephen) |
| Filing 25 AMENDED COMPLAINT against All Defendants, filed by Piyou Zhao, Zhi Qiang Wang. (Fan, Jiajing) |
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ORDER granting #23 Motion to Withdraw as Attorney. Attorney Xiaoxi Liu terminated. Ordered by Magistrate Judge Vera M. Scanlon on 4/29/2019. (Quinlan, Krista)
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| Filing 24 NOTICE of Appearance by Jian Hang on behalf of Zhi Qiang Wang, Piyou Zhao (aty to be noticed) (Hang, Jian) |
| Filing 23 MOTION to Withdraw as Attorney by Zhi Qiang Wang, Piyou Zhao. (Liu, Xiaoxi) |
| Filing 22 NOTICE of Appearance by Jiajing Fan on behalf of All Plaintiffs (aty to be noticed) (Fan, Jiajing) |
| Filing 21 CONSENT to become party in a collective action. by Zhi Qiang Wang (Liu, Xiaoxi) |
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ORDER granting #20 Motion to Substitute Attorney. Attorney Hui Chen terminate. Ordered by Magistrate Judge Vera M. Scanlon on 2/26/2019. (Quinlan, Krista)
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| Filing 20 MOTION to Substitute Attorney by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc. (Irwin, Stephen) |
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Filing 19
SCHEDULING ORDER: As discussed during the 2/6/2019 conference (see attached order for additional detail and deadlines), all discovery must be completed by 9/6/2019. On or before 9/10/2019, the Parties will file a joint status report letter confirming that discovery is complete. On or before 10/6/2019, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 11/6/2019, the Parties will file their joint Proposed Pretrial Order. An in person Status Conference is set for 7/16/2019 at 4:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 7/9/2019, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. By 2/13/2019, Defendant will inform Plaintiff and the Court whether he accept service on behalf of his client. Ordered by Magistrate Judge Vera M. Scanlon on 2/6/2019. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 2/6/2019 in Courtroom 13A South. Xiaoxi Liu appearing for Plaintiff. Hui Chen (via telephone) appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:49-3:06.) (Quinlan, Krista) |
| Filing 18 Proposed Scheduling Order Joint Discovery Plan by Piyou Zhao (Liu, Xiaoxi) |
| Filing 17 SUMMONS Returned Executed by Piyou Zhao. Jia Yong Zou served on 12/12/2018, answer due 1/2/2019. (Liu, Xiaoxi) |
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Filing 16
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 2/6/2019 at 2:30 PM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiff's counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. In order to facilitate settlement discussions, Plaintiff's counsel is expected to provide Defendants' counsel with a detailed calculation of damages at least one week prior to the Initial Conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 2/1/2019. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 1/3/2019. (Quinlan, Krista)
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ORDER re: Defendants' #15 Motion to Dismiss: The Motion is DENIED WITHOUT PREJUDICE. Per the undersigned's Individual Rule III(A)(2), any party seeking to move to dismiss a complaint must first request a pre-motion conference at which leave to make such a motion can be granted. Defendants' Motion is defective because the court has not granted Defendants leave to make such a motion. Ordered by Judge Nicholas G. Garaufis on 1/3/2019. (Panek, Gabriel)
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| Filing 15 First MOTION to Dismiss for Lack of Jurisdiction by Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu. (Attachments: #1 Memorandum in Support, #2 Exhibit) (Chen, Hui) |
| Filing 14 NOTICE of Appearance by Hui Chen on behalf of Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu (aty to be noticed) (Chen, Hui) |
| Filing 13 NOTICE of Appearance by Hui Chen on behalf of Zou Jia Yong, Inc (notification declined or already on case) (Chen, Hui) |
| Filing 12 ANSWER to #1 Complaint, by Zou Jia Yong, Inc. (Chen, Hui) |
| Filing 11 SUMMONS Returned Executed by Piyou Zhao. Li Hui Zhu served on 12/12/2018, answer due 1/2/2019. (Liu, Xiaoxi) |
| Filing 10 SUMMONS Returned Executed by Piyou Zhao. Chen Yi Zhu served on 12/12/2018, answer due 1/2/2019. (Liu, Xiaoxi) |
| Filing 9 SUMMONS Returned Executed by Piyou Zhao. Xiang Keng Zhu served on 12/12/2018, answer due 1/2/2019. (Liu, Xiaoxi) |
| Filing 8 SUMMONS Returned Executed by Piyou Zhao. Ke Zhang Inc. served on 12/12/2018, answer due 1/2/2019. (Liu, Xiaoxi) |
| Filing 7 SUMMONS Returned Executed by Piyou Zhao. Zou Jia Yong, Inc served on 12/12/2018, answer due 1/2/2019. (Liu, Xiaoxi) |
| 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) (Main Document 4 replaced on 11/27/2018) (Bowens, Priscilla). |
| Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge Vera M. Scanlon. 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) |
| Filing 3 Proposed Summons. Re #1 Complaint, #2 Proposed Summons/Civil Cover Sheet by Piyou Zhao (Liu, Xiaoxi) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Piyou Zhao (Liu, Xiaoxi) |
| Filing 1 COMPLAINT against Ke Zhang Inc., Li Hui Zhu, Xiang Keng Zhu, Chen Yi Zhu, Jia Yong Zou, Zou Jia Yong, Inc filing fee $ 400, receipt number ANYEDC-10932000 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Piyou Zhao. (Liu, Xiaoxi) |
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