Zhou v. Iris Tea & Bakery Inc. et al
| Ming Yuan Zhou |
| Iris Tea & Bakery Inc., Ching F Lin, "Mrs." Lin and Sam Lin |
| 1:2019cv05970 |
| October 23, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| James Orenstein |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER re #11 MOTION for pre motion conference -- I will hold a pre-motion conference concurrently with the initial discovery planning conference scheduled for January 8, 2020 at 9:30 a.m. Ordered by Magistrate Judge James Orenstein on 12/18/2019. (Gutmann, Joseph)
|
|
Filing 15
ORDER -- To ensure compliance with the requirements of both Mei Xing Yu v. Hasaki Rest., Inc., 2019 WL 6646618 (2d Cir. Dec. 6, 2019) and Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), I respectfully direct the parties as follows. In the event any defendant makes an offer of judgment under Federal Rule of Civil Procedure 68, the parties must promptly file, before filing any notice of acceptance of that offer, a notice that discloses all terms to which the parties have agreed (formally or otherwise, and regardless of whether the agreement is reduced to writing) that are not explicitly disclosed in the Rule 68 offer. The required notice must disclose all terms, including but not limited to the scope of any releases, any commitments regarding confidentiality or non-disparagement, and the apportionment of attorneys' fees. Any purported agreement that the parties fail to disclose in conformity with the foregoing requirements will be deemed void and unenforceable. Ordered by Magistrate Judge James Orenstein on 12/17/2019. (Gutmann, Joseph)
|
|
CORRECTED ORDER denying #14 Motion to Amend/Correct/Supplement -- The motion is denied with leave to seek renewal after soliciting the defendants' consent as required. As settlement negotiations are not pertinent to the analysis of whether leave to amend should be granted (or to most other legal issues), and are not admissible in evidence for most purposes, I respectfully request that in future filings on the public docket the parties avoid disclosures of confidential settlement communications for any purpose not authorized in Federal Rule of Evidence 408. Ordered by Magistrate Judge James Orenstein on 12/16/2019. (Guy, Alicia)
|
|
ORDER denying #14 Motion to Amend/Correct/Supplement -- The motion is denied without leave to renewal after soliciting the defendants' consent as required. As settlement negotiations are not pertinent to the analysis of whether leave to amend should be granted (or to most other legal issues), and are not admissible in evidence for most purposes, I respectfully request that in future filings on the public docket the parties avoid disclosures of confidential settlement communications for any purpose not authorized in Federal Rule of Evidence 408. Ordered by Magistrate Judge James Orenstein on 12/16/2019. (Gutmann, Joseph)
|
| Filing 14 MOTION to Amend/Correct/Supplement LETTER REQUEST FOR PRE-MOTION CONFERENCE FOR LEAVE TO AMEND THE COMPLAINT by Ming Yuan Zhou. (Attachments: #1 Exhibit Exhibits 1 & 2, #2 Exhibit Exhibits 3 to 6) (Chen, Richard) |
| Filing 13 REPLY in Opposition to Defendants' Pre-Trial Conference Request for Motion to Dismiss - Document #11 filed by Ming Yuan Zhou. (Attachments: #1 Exhibit Exhibits 1 & 2, #2 Exhibit Exhibits 3 to 6) (Chen, Richard) |
|
Filing 12
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, January 8, 2020, at 9:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than January 6, 2020, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 12/11/2019. (Guy, Alicia)
|
|
ORDER re #11 Motion for Pre Motion Conference. The Court directs plaintiff to respond to defendants' request for a pre-motion conference on or before December 13, 2019. Ordered by Judge Margo K. Brodie on 12/7/2019. (Williams, Tenisha)
|
| Filing 11 MOTION for pre motion conference for motion to dismiss by Iris Tea & Bakery Inc., "Mrs." Lin, Ching F Lin, Sam Lin. (Zhu, Shan) |
| Filing 10 NOTICE of Appearance by Shan Zhu on behalf of All Defendants (aty to be noticed) (Zhu, Shan) |
|
ORDER granting #8 Motion for Extension of Time to Answer -- The motion is granted on consent; all defendants shall answer or otherwise respond to the complaint by December 10, 2019. Ordered by Magistrate Judge James Orenstein on 11/18/2019. (Gutmann, Joseph)
|
| Filing 9 RESPONSE to Motion re #8 First MOTION for Extension of Time to File Answer re #1 Complaint, Joint Resolution of Motion to Extend Answer Time filed by Ming Yuan Zhou. (Chen, Richard) |
|
ORDER re #8 First MOTION for Extension of Time to File Answer re #1 Complaint, filed by "Mrs." Lin, Sam Lin, Ching F Lin, Iris Tea & Bakery Inc. I respectfully direct the plaintiff to respond in writing by 4:00 p.m. on November 18, 2019. Ordered by Magistrate Judge James Orenstein on 11/17/2019. (Orenstein, James)
|
| Filing 8 First MOTION for Extension of Time to File Answer re #1 Complaint, by Iris Tea & Bakery Inc., "Mrs." Lin, Ching F Lin, Sam Lin. (Fan, Jiajing) |
| Filing 7 NOTICE of Appearance by Jian Hang on behalf of All Defendants (aty to be noticed) (Hang, Jian) |
| Filing 6 SUMMONS Returned Executed by Ming Yuan Zhou. Iris Tea & Bakery Inc. served on 10/28/2019, answer due 11/18/2019; "Mrs." Lin served on 10/28/2019, answer due 11/18/2019; Ching F Lin served on 10/28/2019, answer due 11/18/2019; Sam Lin served on 10/28/2019, answer due 11/18/2019. (Chen, Richard) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 NOTICE of Appearance by Jiajing Fan on behalf of Iris Tea & Bakery Inc., "Mrs." Lin, Ching F Lin, Sam Lin (aty to be noticed) (Fan, Jiajing) |
| Filing 3 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Case assigned to Judge Margo K. Brodie and Magistrate Judge James Orenstein. 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-11972980 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Ming Yuan Zhou. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Chen, Richard) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
