Zhou v. Wai Realty Corp. et al
| Baomin Zhou |
| Wai Realty Corp., DING WAI, John Wai and QUEEN'S JADE, INC. |
| Patrick M. McKenna |
| 1:2019cv03537 |
| June 14, 2019 |
| US District Court for the Eastern District of New York |
| Vera M Scanlon |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2019. A more recent docket listing may be available from PACER.
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| Filing 28 STIPULATION of Dismissal with Prejudice by Queen's Jade, Inc., Ding Wai, John Wai, Wai Realty Corp. (Kimler, Andrew) |
Filing 27
ORDER granting #26 Motion for Settlement. As discussed during the 11/18/2019 conference (see attached order for additional detail and deadlines), the settlement is approved as fair and reasonable under Cheeks for the reasons stated on the record. Ordered by Magistrate Judge Vera M. Scanlon on 11/18/2019. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Fairness Conference held on 11/18/2019 in Courtroom 13A South. Baya Harrison, IV appearing with Plaintiff. Andrew Kimler appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #10:10-10:25.) (Quinlan, Krista) |
| Filing 26 Joint MOTION for Settlement by Baomin Zhou. (Attachments: #1 Exhibit Exhibit A. Settlement Agreement, #2 Exhibit Exhibit B. Attorney Billing Records) (Harrison, Baya) |
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ORDER granting consent #25 Motion to Adjourn Conference. At the request of the parties, the 11/12/2019 Cheeks Hearing is rescheduled to 11/18/2019 at 10:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. In addition to counsel for all Parties, Plaintiff is required to attend in-person. On or before 11/7/2019, the Parties must file on ECF a joint motion for judicial approval of the proposed settlement that includes the proposed settlement agreement and a letter brief. Ordered by Magistrate Judge Vera M. Scanlon on 10/21/2019. (Quinlan, Krista)
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| Filing 25 Letter MOTION to Adjourn Conference Cheeks Hearing by Queen's Jade, Inc., Ding Wai, John Wai, Wai Realty Corp.. (Kimler, Andrew) |
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Filing 24
SCHEDULING ORDER: The 10/15/2019 Report of Mediation indicates that the Parties have reached a settlement. Accordingly, Pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), an in-person hearing is scheduled for 11/12/2019 at 10:30 AM before Magistrate Judge Vera M. Scanlon in Courtroom 13A South. In addition to counsel for all Parties, Plaintiff is required to attend in-person. On or before 11/7/2019, the Parties must file on ECF a joint motion for judicial approval of the proposed settlement that includes the proposed settlement agreement and a letter brief (See attached Order for additional details). Ordered by Magistrate Judge Vera M. Scanlon on 10/16/2019. (Quinlan, Krista)
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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 10/29/2019. (Priftakis, Tina) |
| SELECTION OF MEDIATOR: Patrick M. McKenna selected as Mediator. The first mediation session will take place on October 14, 2019 at 10:00 AM at Andrew Kimler's office at Vishnick McGovern Milizio LLP, 3000 Marcus Avenue, Lake Success, NY 11042. 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 10/28/2019. (Priftakis, Tina) |
| 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) |
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Filing 23
SCHEDULING ORDER: As discussed during the 8/13/2019 conference (see attached order for additional detail and deadlines), all discovery must be completed by 1/301/2020. On or before 1/31/2020, 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. On or before 2/28/2020, the Parties will file their joint Proposed Pretrial Order. An in person Status Conference set for 12/18/2019 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 12/11/2019, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. ORDER REFERRING CASE to Mediation. Mediation shall be completed by 9/27/2019. (Selection of Mediator due by 8/27/2019.) Ordered by Magistrate Judge Vera M. Scanlon on 8/13/2019. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 8/13/2019 in Courtroom 13A South. Baya Whitman Harrison, IV appearing for Plaintiff. Andrew Kimler appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:487-12:06.) (Quinlan, Krista) |
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RE-SCHEDULING ORDER: Due to a conflict in the Court's calendar, the 8/13/2019 Initial Conference will begin at 11:00 AM (instead of 10:30 AM). Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 8/12/2019. (Tuffaha, Omar)
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| Filing 22 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Judge Ann M. Donnelly 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. (Greene, Donna) |
| Case no longer referred to Magistrate Judge Vera M. Scanlon. (Greene, Donna) |
| Filing 21 CONSENT to Jurisdiction by US Magistrate Judge by Queen's Jade, Inc., Ding Wai, John Wai, Wai Realty Corp.. (Kimler, Andrew) |
| Filing 20 Proposed Scheduling Order by Queen's Jade, Inc., Ding Wai, John Wai, Wai Realty Corp. (Kimler, Andrew) |
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ORDER granting consent #19 Motion to Adjourn Conference. At the request of the parties, the 7/30/2019 Initial Conference is rescheduled to 8/13/2019 at 10:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Parties are to refer to #18 and must file the joint proposed scheduling order by 8/8/2019. Ordered by Magistrate Judge Vera M. Scanlon on 7/10/2019. (Quinlan, Krista)
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| Filing 19 Letter MOTION to Adjourn Conference scheduled for 7/30/19 by Queen's Jade, Inc., Ding Wai, John Wai, Wai Realty Corp.. (Kimler, Andrew) |
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Filing 18
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 7/30/2019 at 3:00 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 7/25/2019. 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 7/8/2019. (Quinlan, Krista)
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| Filing 17 ANSWER to #1 Complaint by All Defendants. (Kimler, Andrew) |
| Filing 16 Corporate Disclosure Statement by Wai Realty Corp. (Kimler, Andrew) |
| Filing 15 SUMMONS Returned Executed by Baomin Zhou. Wai Realty Corp. served on 6/26/2019, answer due 7/17/2019. (Harrison, Baya) |
| Filing 14 SUMMONS Returned Executed by Baomin Zhou. Queen's Jade, Inc. served on 6/26/2019, answer due 7/17/2019. (Harrison, Baya) |
| Filing 13 SUMMONS Returned Executed by Baomin Zhou. John Wai served on 6/26/2019, answer due 7/17/2019. (Harrison, Baya) |
| Filing 12 SUMMONS Returned Executed by Baomin Zhou. Ding Wai served on 6/29/2019, answer due 7/22/2019. (Harrison, Baya) |
| Filing 11 Corporate Disclosure Statement by Queen's Jade, Inc., Ding Wai, John Wai, Wai Realty Corp. (Kimler, Andrew) |
| Filing 10 NOTICE of Appearance by Avrohom Y. Gefen on behalf of All Defendants (aty to be noticed) (Gefen, Avrohom) |
| Filing 9 NOTICE of Appearance by Andrew A. Kimler on behalf of All Defendants (aty to be noticed) (Kimler, Andrew) |
| 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 All Defendants. (Bowens, Priscilla) |
| Case assigned to Judge Ann M Donnelly 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 6 Proposed Summons. by Baomin Zhou (Harrison, Baya) |
| Filing 5 Proposed Summons. by Baomin Zhou (Harrison, Baya) |
| Filing 4 Proposed Summons. by Baomin Zhou (Harrison, Baya) |
| Filing 3 Proposed Summons. by Baomin Zhou (Harrison, Baya) |
| Filing 2 Civil Cover Sheet.. by Baomin Zhou (Harrison, Baya) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11578363 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Baomin Zhou. (Harrison, Baya) |
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