Lee et al v. Evergreen Adult Daycare Center, Inc. et al
| Kwon Jun Park, Jong Kook Byeon, Chung-Kil Cho, Eun Yong Lee, Su Won Chae and Hyung Jong Kim |
| Evergreen Adult Daycare Center, Inc., Yangim Kang, Young Yoon, James Koo and John Does or Jane Does 1-30 |
| Michael Starr |
| 1:2019cv02247 |
| April 17, 2019 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Allyne R Ross |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 29
STIPULATION AND ORDER DISMISSING CASE with prejudice. ( Ordered by Judge Allyne R. Ross on 7/9/2020 ) (Guzzi, Roseann)
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| Filing 28 STIPULATION of Dismissal with prejudice by Evergreen Adult Daycare Center, Inc., James Koo (Kwak, Seokchan) |
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ORDER: Pursuant to the Order dated May 29, 2020 the parties were directed to submit a Stipulation of Dismissal on the docket by June 29, 2020. The parties have failed to comply with this Court order and are directed to submit the outstanding Stipulation of Dismissal by July 8, 2020. Ordered by Magistrate Judge Peggy Kuo on 7/1/2020. (O'Neil-Berven, Ryan)
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ORDER: Having reviewed the proposed Settlement Agreement #23 , the Court finds, pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), that the agreement is fair and reasonable and that the attorneys' fees are reasonable. See Wolinsky v. Scholastic Inc., 900 F.Supp.2d 332, 335-36 (S.D.N.Y. 2012). Accordingly, the Motion #19 for Settlement is granted and the Settlement is approved. [The parties are directed to file a Stipulation of Dismissal by June 29, 2020.] Ordered by Magistrate Judge Peggy Kuo on 5/29/2020. (Cornelssen, Cornelius)
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| Filing 27 CONSENT to Magistrate Judge Disposition on Motion re #19 MOTION for Settlement Approval and Enforcement Motion referred to Peggy Kuo. (Guzzi, Roseann) |
| Filing 26 CONSENT to Magistrate Judge Disposition on Motion by Jong Kook Byeon, Su Won Chae, Chung-Kil Cho, Hyung Jong Kim, Eun Yong Lee, Kwon Jun Park re #19 MOTION for Settlement Approval and Enforcement (Kimm, Michael) |
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Filing 25
ORDER: In order to consent to U.S. Magistrate Judge jurisdiction for the limited purpose of settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the attached consent form should be filled out, signed, and filed electronically. The form may also be accessed at the following link: https://www.uscourts.gov/sites/default/files/ao085a.pdf. Ordered by Magistrate Judge Peggy Kuo on 4/30/2020. (Cornelssen, Cornelius)
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| Filing 24 SETTLEMENT AGREEMENT signed by Defendants by Evergreen Adult Daycare Center, Inc., James Koo (Kwak, Seokchan) |
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ORDER: Defendants are directed to file a signed copy of the revised Settlement Agreement at #23 , or indication that they agree to the revisions made to the Settlement Agreement at [20-1], by May 1, 2020. Ordered by Magistrate Judge Peggy Kuo on 4/27/2020. (Cornelssen, Cornelius)
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| Filing 23 SETTLEMENT AGREEMENT by Jong Kook Byeon, Su Won Chae, Chung-Kil Cho, Hyung Jong Kim, Eun Yong Lee, Kwon Jun Park (Kimm, Michael) |
| Filing 22 CONSENT to Jurisdiction by US Magistrate Judge by Evergreen Adult Daycare Center, Inc., James Koo. (Kwak, Seokchan) |
| Filing 21 CONSENT to Jurisdiction by US Magistrate Judge by Jong Kook Byeon, Su Won Chae, Chung-Kil Cho, Hyung Jong Kim, Eun Yong Lee, Kwon Jun Park. (Kimm, Michael) |
| Minute Order: Fairness hearing held via telephone on April 23, 2020 before Magistrate Judge Peggy Kuo. Attorney Michael Kimm appeared on behalf of plaintiffs. Attorney Seokchan Kwak appeared on behalf of defendants. The parties were directed to narrow the scope of the release to wage and hour claims and resubmit the signed settlement agreement. (FTR Log # 12:43 12:54) (Cornelssen, Cornelius) |
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SCHEDULING ORDER: A fairness hearing for the motion #19 for settlement approval is set for April 23, 2020 at 12:30 p.m. via telephone before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (Cornelssen, Cornelius)
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| Filing 20 RESPONSE in Opposition re #19 MOTION for Settlement Approval and Enforcement with Cross-Motion to require Plaintiffs' signature on the settlement agreement filed by Evergreen Adult Daycare Center, Inc., James Koo. (Attachments: #1 Exhibit Settlement Agreement Signed by Defendants, #2 Exhibit Email to Defendants) (Kwak, Seokchan) |
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ORDER: Any response to the Motion #19 for Settlement Approval and Enforcement is due by April 20, 2020. Ordered by Magistrate Judge Peggy Kuo on 4/6/2020. (Cornelssen, Cornelius)
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| Filing 19 MOTION for Settlement Approval and Enforcement by Jong Kook Byeon, Su Won Chae, Chung-Kil Cho, Hyung Jong Kim, Eun Yong Lee, Kwon Jun Park. (Attachments: #1 Declaration in Support of Plaintiff's Notice of Motion to(1) Approve Negotiated Settlement and (2) Enforce Such Settlement Agreement Against All Defendants Jointly and Severally, #2 Exhibit Amended Complaint, #3 Exhibit Email from Def. Attorney, #4 Exhibit Evergreen Settlement Agreement, #5 Exhibit Joint Letter in re settlement, #6 Exhibit Payment Chart, #7 Exhibit 3-19-2020 Email from Def, #8 Exhibit Underpayment Analysis, #9 Exhibit 3-17-2020 Email from Def, #10 Exhibit Combined Statement) (Kimm, Michael) Modified on 4/3/2020 to reflect this is a Motion for Settlement Approval(O'Neil-Berven, Ryan). Modified on 4/6/2020 (Cornelssen, Cornelius). |
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ORDER granting #18 Motion for Extension of Time to File a Settlement Agreement. The parties are directed to file, by March 31, 2020 a motion for settlement approval Pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) that includes 1) the proposed settlement agreement; 2) a fairness letter explaining how the settlement agreement, including any attorneys' fees in the agreement, comports with caselaw; and 3) time records, if attorneys' fees are included in the agreement. For guidance, the parties are directed to Lopez v. Nights of Cabiria, 96 F.Supp.3d 170 (S.D.N.Y. 2015); Wolinsky v. Scholastic Inc., 900 F.Supp.2d 332 (S.D.N.Y. 2012); and Flores v. Food Express Rego Park, Inc., No. 15-CV-1410 (KAM) (SMG), 2016 WL 386042 (E.D.N.Y. Feb. 1, 2016). If the parties wish to consent to Magistrate Judge Kuo's jurisdiction in this action, they should file the required consent form. Ordered by Magistrate Judge Peggy Kuo on 3/2/2020. (O'Neil-Berven, Ryan)
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| Filing 18 STATUS REPORT - joint status report by Evergreen Adult Daycare Center, Inc., James Koo (Kwak, Seokchan) Modified on 3/2/2020 to reflect that this is a motion (O'Neil-Berven, Ryan). |
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Filing 17
ORDER granting #16 Motion for Extension of Time to Complete Discovery. The deadline to certify the close of discovery via ECF, is extended to February 28, 2020. The deadline to request a pre-motion conference in advance of a dispositive motion is extended to March 10, 2020. The deadline to file a Joint Proposed Pretrial Order is extended to May 29, 2020. Ordered by Magistrate Judge Peggy Kuo on 12/5/2019. (Riquelme, Claudia)
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| Filing 16 STATUS REPORT regarding Mediation and Joint Request to Extend Discovery by Evergreen Adult Daycare Center, Inc., James Koo (Kwak, Seokchan) Modified on 12/5/2019 to reflect that this is a motion. (Riquelme, Claudia). |
| 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 nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Mediation Report due by 11/26/2019. (Weinstein, Robyn) |
| SELECTION OF MEDIATOR Michael Starr selected as Mediator. The first mediation session will take place on October 17, 2019 at 11:00 AM in the NYED Brooklyn Federal Courthouse in Rooms 302 S and 402 S. 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 10/31/2019. (Priftakis, Tina) |
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ORDER granting #15 Motion for Extension of Time to File. The deadline to complete mediation is extended to October 15, 2019. Ordered by Magistrate Judge Peggy Kuo on 9/4/2019. (Riquelme, Claudia)
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| Filing 15 STATUS REPORT jointly filed by Evergreen Adult Daycare Center, Inc., James Koo (Kwak, Seokchan) Modified on 9/4/2019 to reflect that this is a motion. (Riquelme, Claudia). |
| Filing 14 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 6/27/2019. Attorney Michael Kimm appeared on behalf of plaintiffs. Attorney Seokchan Kwak appeared on behalf of defendants Evergreen Adult Daycare Center, Inc., and James Koo. No appearance for Defendant Yangim Kang. The parties indicated that, as per the Amended Complaint, defendant Yangim Kang, is no longer on the case. The Clerk of the Court is respectfully directed to terminate defendant Yangim Kang from the case caption. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. Upon request of the parties, this case is referred to EDNY Court-Annexed Mediation, to be completed by August 30, 2019. The parties are directed to file a joint status report by September 2, 2019 reporting on the result of mediation. (FTR Log #11:02-11:22.) (Riquelme, Claudia) |
| Filing 13 Proposed Scheduling Order from both parties by Evergreen Adult Daycare Center, Inc., James Koo (Kwak, Seokchan) |
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Filing 12
SCHEDULING ORDER: An Initial Conference will be held in this case on June 27, 2019 at 11:00 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiffs' counsel is directed to serve this Order on defendants Young Yoon and Yangim Kang and file proof of service on the docket. Ordered by Magistrate Judge Peggy Kuo on 5/23/2019. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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| Filing 11 ANSWER to #6 Amended Complaint by Evergreen Adult Daycare Center, Inc., James Koo. (Kwak, Seokchan) |
| Filing 10 SUMMONS Returned Executed by Su Won Chae, Chung-Kil Cho, Jong Kook Byeon, Eun Yong Lee, Kwon Jun Park, Hyung Jong Kim. Evergreen Adult Daycare Center, Inc. served on 5/1/2019, answer due 5/22/2019; Yangim Kang served on 5/1/2019, answer due 5/22/2019; James Koo served on 5/1/2019, answer due 5/22/2019. (Kimm, Michael) |
| Filing 9 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 8 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 7 Summons Issued as to Evergreen Adult Daycare Center, Inc., Yangim Kang, James Koo. (Bowens, Priscilla) |
| Filing 6 AMENDED COMPLAINT against Evergreen Adult Daycare Center, Inc., John Does or Jane Does 1-30, Yangim Kang, James Koo, filed by Su Won Chae, Chung-Kil Cho, Jong Kook Byeon, Eun Yong Lee, Kwon Jun Park, Hyung Jong Kim. (Kimm, Michael) |
| Filing 5 Proposed Summons. by Jong Kook Byeon, Su Won Chae, Chung-Kil Cho, Hyung Jong Kim, Eun Yong Lee, Kwon Jun Park (Kimm, Michael) |
| Filing 4 Civil Cover Sheet.. by Jong Kook Byeon, Su Won Chae, Chung-Kil Cho, Hyung Jong Kim, Eun Yong Lee, Kwon Jun Park, Yangim Kang (Kimm, Michael) |
| Filing 3 Civil Cover Sheet.. by Jong Kook Byeon, Su Won Chae, Chung-Kil Cho, Hyung Jong Kim, Eun Yong Lee, Kwon Jun Park (Kimm, Michael) |
| Case assigned to Judge Allyne R. Ross and Magistrate Judge Peggy Kuo. 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) Modified on 4/25/2019 (Bowens, Priscilla). |
| NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM). Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in *** NY-E DIVISION OF BUSINESS RULE 50.1(d)(2) and CERTIFICATION OF ARBITRATION ELIGIBILITY *** section on the second page. This document can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. by Jong Kook Byeon, Su Won Chae, Chung-Kil Cho, Hyung Jong Kim, Eun Yong Lee, Kwon Jun Park (Kimm, Michael) |
| NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in *** NY-E DIVISION OF BUSINESS RULE 50.1(d)(2) and CERTIFICATION OF ARBITRATION ELIGIBILITY *** section on the second page. This document can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Evergreen Adult Daycare Center, Inc., James Koo, Young Yoon filing fee $ 400, receipt number ANYEDC-11394804 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Su Won Chae, Kwon Jun Park, Eun Yong Lee, Chung-Kil Cho, Jong Kook Byeon, Hyung Jong Kim. (Kimm, Michael) |
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