Gao et al v. High May Inc. et al
| Tianyi Gao, Liu Yu and Liu Li |
| Duo Wang and High May Inc. |
| John A Beranbaum |
| 1:2019cv01053 |
| February 21, 2019 |
| US District Court for the Eastern District of New York |
| Steven M Gold |
| Eric N Vitaliano |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| None |
Docket Report
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| Civil Case Terminated. (Gillespie, Saudia) |
ORDER re #20 Letter filed by Tianyi Gao, Liu Yu, Liu Li. Ordered by Magistrate Judge Steven M. Gold on 3/26/2020. Plaintiffs in this case bring claims under the Fair Labor Standards Act. The parties have reached a settlement after participating in court-annexed mediation and now move for approval of their settlement agreement. I have reviewed the letter motion filed by plaintiff dated March 24, 2020, Dkt. 20, and the settlement agreement itself, Dkt. 20-1. Having done so, I find that "the agreement reflects a reasonable compromise of disputed issues [rather] than a mere waiver of statutory rights brought about by an employer's overreaching." Le v. SITA Information Networking Computing, USA, Inc., 2008 WL 724155 (E.D.N.Y. Mar. 13, 2008)(internal quotations and citation omitted). See also Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). In reaching this conclusion, I have considered, among other things, (1) that the settlement amount provides plaintiffs with a recovery, net of attorney's fees, greater than the amount of overtime wages they claims are due; (2) that the attorney's fees portion of the settlement is consistent with the terms of plaintiff's retainer agreement and is for an amount equal to no more than one-third of the total amount of the settlement and likely less than twice a reasonably calculated lodestar; (3) that the release provided for in the agreement is limited in scope; and (4) that the settlement agreement does not impose a duty of confidentiality. The settlement is therefore approved, the proposed stipulation and order of dismissal is approved and entered as an Order of the Court, and the Clerk is respectfully requested to close the case. (Gold, Steven)
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| Filing 22 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Steven M. Gold for all further proceedings. Judge Eric N. Vitaliano 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. (Almonte, Giselle) |
| Case no longer referred to Magistrate Judge Steven M. Gold. (Almonte, Giselle) |
| Filing 21 CONSENT to Jurisdiction by US Magistrate Judge by Tianyi Gao, Liu Li, Liu Yu. (Taubenfeld, Michael) |
| Filing 20 Letter Requesting Approval of Settlement Agreement by Tianyi Gao, Liu Li, Liu Yu (Attachments: #1 Settlement Agreement, #2 Stipulation of Dismissal) (Taubenfeld, Michael) |
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STATUS REPORT ORDER: Mediation reports this matter has settled. Accordingly, counsel shall file a motion for approval as required pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), or joint status report letter by April 15, 2020. Ordered by Magistrate Judge Steven M. Gold on 3/16/2020. Ordered by Magistrate Judge Steven M. Gold on 3/16/2020. (Gillespie, Saudia)
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| REPORT of Mediation Settled. 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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Mediation Report due by 3/9/2020. (Priftakis, Tina) |
| SELECTION OF MEDIATOR John A Beranbaum selected as Mediator. The first mediation session will take place on February 24, 2020 at 10:00am. 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 via e-mail nyed_adr@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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 3/9/2020. (Weinstein, Robyn) |
| Filing 19 STATUS REPORT on Status of Mediation Scheduling (Joint) by High May Inc., Duo Wang (Lou, William) |
| Filing 18 NOTICE of Appearance by William Lou on behalf of High May Inc., Duo Wang (aty to be noticed) (Lou, William) |
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STATUS REPORT ORDER: Counsel shall file an updated status report letter by November 5, 2019. Ordered by Magistrate Judge Steven M. Gold on 9/12/2019. (Gillespie, Saudia)
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| Filing 17 STATUS REPORT dated 09/11/2019 by High May Inc., Duo Wang (Chen, Mingli) |
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STATUS REPORT ORDER: Counsel shall file a joint letter by September 10, 2019, reporting on the status of mediation. Ordered by Magistrate Judge Steven M. Gold on 9/3/2019. (Gillespie, Saudia)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. 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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| Filing 16 STATUS REPORT by Tianyi Gao, Liu Li, Liu Yu (Taubenfeld, Michael) |
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ORDER REFERRING CASE to FLSA Mediation. Ordered by Magistrate Judge Steven M. Gold on 7/19/2019. (Gillespie, Saudia)
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| Filing 15 STATUS REPORT by Tianyi Gao, Liu Li, Liu Yu (Taubenfeld, Michael) |
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STATUS REPORT ORDER: Counsel shall file a joint status report letter by July 19, 2019, indicating if a settlement has been reached. If not, and unless the parties object, the Court will then refer this action to court-annexed FLSA mediation. Ordered by Magistrate Judge Steven M. Gold on 6/28/2019. (Gillespie, Saudia)
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| Filing 14 Minute Entry: Initial Conference Hearing held on 5/23/2019 before Magistrate Judge Steven M. Gold. Taubenfeld for plaintiffs; Chen, with Wang, for defendants. Defendants produced time records for plaintiffs during today's conference. The parties will use their best efforts to reach a settlement over the coming weeks. COUNSEL WILL SUBMIT A JOINT STATUS REPORT BY JUNE 24, 2019, INDICATING WHETHER A SETTLEMENT HAS BEEN REACHED. If not, and unless the parties object, the Court will then refer this action to court-annexed FLSA mediation. (Gillespie, Saudia) |
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ORDER: Granting #13 Motion to Adjourn Conference. The initial conference previously scheduled for May 15, 2019 is adjourned to May 23, 2019 at 11:30 a.m. in Courtroom 13D South before the undersigned. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 5/7/2019. (Gillespie, Saudia)
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| Filing 13 First MOTION to Adjourn Conference by Tianyi Gao, Liu Li, Liu Yu. (Taubenfeld, Michael) |
| Filing 12 SUMMONS Returned Executed by Tianyi Gao, Liu Li, Liu Yu. Duo Wang served on 4/4/2019, answer due 4/25/2019. (Taubenfeld, Michael) |
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Filing 11
SCHEDULING ORDER: An in-person initial conference will be held at 11:30 a.m. on May 15, 2019 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Plaintiffs' counsel is directed to immediately confirm this conference date and time with defendants' counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/4/2019. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia)
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| Filing 10 SUMMONS Returned Executed by Tianyi Gao, Liu Li, Liu Yu. High May Inc. served on 3/11/2019, answer due 4/1/2019. (Taubenfeld, Michael) |
| Filing 9 NOTICE of Change of Office address ONLY as of March 05, 2018. (Chen, Mingli) |
| Filing 8 Two defendants' ANSWER to Complaint (Document # 1) by All Defendants. (Chen, Mingli) |
| Filing 7 NOTICE of Appearance by Mingli Chen on behalf of All Defendants (aty to be noticed) (Chen, Mingli) |
| 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) |
| Case assigned to Judge Eric N. Vitaliano and Magistrate Judge Steven M. Gold. 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. by Tianyi Gao, Liu Li, Liu Yu (Taubenfeld, Michael) |
| Filing 2 Civil Cover Sheet.. by Tianyi Gao, Liu Li, Liu Yu (Taubenfeld, Michael) |
| Filing 1 COMPLAINT Tianyi Gao, Liu Yu, and Liu Li against High May Inc., Duo Wang filing fee $ 400, receipt number ANYEDC-11221868 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Tianyi Gao, Liu Li, Liu Yu. (Taubenfeld, Michael) |
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