Kim v. SR Homecare of NY, Inc. et al
| Heidy Kim |
| Yang Yim Kang, Elim Home Care Agency, LLC, Sung Jun Shim, So Mi Shin, Hye Ran Kim, Yang Sil Kang, James Koo, Evergreen Flushing New York LLC, Hellen Kang, SR Homecare of NY, Inc., H J Koo, Evergreen Adult Day Care in NY Inc., Evergreen Adult Day Care in Flushing Inc., Yoon Hee Kang, SR Home Care of NY Inc. and Tommy Koo |
| 1:2019cv00269 |
| January 14, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 MOTION to Certify FLSA Collective Action by Heidy Kim. (Attachments: #1 Memorandum in Support, #2 Declaration of Robert L. Lash, Esq., #3 Declaration of Heidy Kim, #4 Declaration of James Kim) (Lash, Robert) |
| Filing 20 ANSWER to #19 Amended Complaint by All Defendants. (Grossman, Andrew) |
| Filing 19 AMENDED COMPLAINT against All Defendants, filed by Heidy Kim. (Lash, Robert) |
Filing 18
SCHEDULING ORDER/CIVIL CASE MANAGEMENT PLAN is hereby adopted. ( Ordered by Judge Brian M. Cogan on 2/26/2019 ) (Guzzi, Roseann)
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| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 2/26/2019. Counsel for both sides present. Plaintiff to file its amended complaint by 2/27/2019 and its motion for conditional collective certification by 3/12/2019 (with opposition and reply governed by the time allotted in the local rules). Discovery to close 5/28/2019. The Court adopted the Case Management Plan, which will be docketed separately. (Weisberg, Peggy) |
| Filing 17 Letter Joint Letter to Court re Case Background by Heidy Kim (Lash, Robert) |
| Filing 16 Letter requesting for pre-motion conference by Elim Home Care Agency, LLC, Evergreen Adult Day Care in Flushing Inc., Evergreen Adult Day Care in NY Inc., Evergreen Flushing New York LLC, Hellen Kang, Yang Sil Kang, Yang Yim Kang, Hye Ran Kim, H J Koo, James Koo, SR Homecare of NY, Inc., Sung Jun Shim, So Mi Shin (Grossman, Andrew) |
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ORDER re #16 Letter filed by defendants. The premotion conference is waived. This letter is deemed to constitute defendants' motion to dismiss on the grounds stated. That portion of the motion seeking to strike the collective or class action allegations of the complaint is denied because Rule 12(b)(6) applies to claims, not procedural devices. If and when plaintiff moves for leave to send notice of the collective action or certification of a class, the factual basis for invoking those devices will be tested.The Court defers ruling on that portion of the motion seeking to dismiss all defendants other than SR Homecare pending plaintiff's opposition to the motion, which shall be filed within the time allowed by the applicable rules. In determining that motion, the Court will not consider the factual statements in defendants' motion, as a Rule 12(b)(6) motion can only challenge the face of the complaint. However, plaintiff should give serious consideration to filing an amended complaint well prior to the date for opposition to the motion, as the joint enterprise allegations in the complaint are very thin and conclusory, and the Court is not going to be inclined to give plaintiff leave to amend if he doesn't do it now. Ordered by Judge Brian M. Cogan on 2/15/2019. (Cogan, Brian)
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| Filing 15 NOTICE of Appearance by Scott Kun Hur on behalf of Heidy Kim (aty to be noticed) (Hur, Scott) |
| Filing 14 ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint, Service of Process on Corporate Defendants Acknowledgement filed by Heidy Kim. (Lash, Robert) |
| Filing 13 SUMMONS Returned Executed by Heidy Kim. Yang Yim Kang served on 1/28/2019, answer due 2/18/2019. (Lash, Robert) |
| Filing 12 SUMMONS Returned Executed by Heidy Kim. Yang Sil Kang served on 1/28/2019, answer due 2/18/2019. (Lash, Robert) |
| Filing 11 SUMMONS Returned Executed by Heidy Kim. H J Koo served on 1/28/2019, answer due 2/18/2019. (Lash, Robert) |
| Filing 10 SUMMONS Returned Executed by Heidy Kim. Sung Jun Shim served on 1/28/2019, answer due 2/18/2019. (Lash, Robert) |
| Filing 9 SUMMONS Returned Executed by Heidy Kim. So Mi Shin served on 1/28/2019, answer due 2/18/2019. (Lash, Robert) |
| Filing 8 SUMMONS Returned Executed by Heidy Kim. Hye Ran Kim served on 1/28/2019, answer due 2/18/2019. (Lash, Robert) |
| Filing 7 SUMMONS Returned Executed by Heidy Kim. Hellen Kang served on 1/28/2019, answer due 2/18/2019. (Lash, Robert) |
| Filing 6 SUMMONS Returned Executed by Heidy Kim. James Koo served on 1/28/2019, answer due 2/18/2019. (Lash, Robert) |
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Filing 5
SCHEDULING ORDER: Initial Status Conference is set for 2/26/2019 at 5:30 PM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 1/15/2019. (Weisberg, Peggy)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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 2 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case assigned to Judge Brian M. Cogan. 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 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11103615 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Heidy Kim. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Lash, Robert) |
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