Foo v. E Capital Funding LLC. et al
| Chia Yi Foo |
| Ya Dong Liu, Li Hua Zhang, Pei Jian Chi and E Capital Funding LLC. |
| 1:2020cv00376 |
| January 23, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Roanne L Mann |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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Filing 23
ORDER DISMISSING CASE: the parties' Stipulation of Dismissal is so-ordered, as modified with the parties' consent. The action is dismissed, with prejudice and without costs or attorneys' fees to any party. This dismissal is with the right to reopen within sixty days if the settlement is not consummated. See attached. Ordered by Magistrate Judge Roanne L. Mann on 6/10/2020. (Proujansky, Josh)
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| Filing 22 Minute Entry and Order for proceedings held on 6/10/2020 before Magistrate Judge Roanne L. Mann granting #18 Motion for Settlement filed by Chia Yi Foo. The Court conducts a telephonic Cheeks hearing and concludes that the settlement amount is fair and reasonable and was reached through arms-length negotiations. For the reasons stated on the record, the Court approves the settlement, subject to the parties filing a stipulation that provides that the settlement agreement's confidentiality provisions do not apply to the settlement of the FLSA claims. The parties consent to modification of the stipulation of dismissal, as discussed. See attached. (Proujansky, Josh) |
| Filing 21 STIPULATION As to FLSA exemption from confidentiality portion of settlement by all parties by Chia Yi Foo (Heiferman, Justin) |
| Filing 20 DECLARATION as to reasonableness of rates by Chia Yi Foo (Heiferman, Justin) |
| Filing 19 First MOTION for Attorney Fees Retainer attached by Chia Yi Foo. (Heiferman, Justin) |
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ELECTRONIC SCHEDULING ORDER: A telephonic Cheeks hearing has been scheduled for June 10, 2020 at noon. Plaintiff is directed to file, by 5:00 p.m. on June 9, 2020, (a) a copy of counsel's retainer agreement with plaintiff (which document may be electronically filed under seal), and (b) a supplemental submission addressing counsel's usual billing rates and the reasonableness of those rates. Ordered by Magistrate Judge Roanne L. Mann on 6/8/2020. (Proujansky, Josh)
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| Set/Reset Hearings: Fairness/Cheeks Conference set for 6/10/2020 @ 12:00 p.m. before Magistrate Judge Roanne L. Mann. (LK) |
| Filing 18 First MOTION for Settlement by Chia Yi Foo. (Attachments: #1 Proposed Order Proposed FLSA Order, #2 Exhibit Plaintiff's Attorneys' Time and Expense Records, #3 Exhibit Joint Fairness Agreement By All Parties) (Heiferman, Justin) |
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ELECTRONIC SCHEDULING ORDER: In order to participate in the telephonic Cheeks hearing set for June 10, 2020 @ 12:00 PM before Magistrate Judge Roanne L. Mann, the parties are instructed to contact the Court using the following conference line and dial-in information: toll free number 1-877-336-1839; access code 6672833. If the parties are initially unable to connect to the call, please keep trying as the third-party conference call system has been overloaded at times. Ordered by Magistrate Judge Roanne L. Mann on 5/26/2020. (Vallens, Adrian) Modified on 5/26/2020 (Proujansky, Josh).
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| Filing 16 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Roanne L. Mann for all further proceedings. Judge Brian M. Cogan 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. (Guzzi, Roseann) |
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ELECTRONIC SCHEDULING ORDER: The above case, which includes FLSA and non-FLSA claims and was scheduled for a Cheeks hearing to be held on Monday before Judge Cogan, has now been reassigned to this magistrate judge with the parties' consent. In response to the parties' request, the telephonic Cheeks hearing is adjourned to June 10, 2020 at noon; absent further court order, plaintiff's counsel is directed to initiate the call to chambers when all counsel are on the line. The parties are directed to file their Cheeks submissions, including their settlement agreement(s) and plaintiff's counsel's contemporaneous time and expense records, by June 3, 2020. If the parties are entering into a separate settlement agreement with respect to any of plaintiff's non-FLSA claims, they are authorized to electronically docket the non-FLSA agreement into the court file under seal. Ordered by Magistrate Judge Roanne L. Mann on 4/10/2020. (Proujansky, Josh)
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| Filing 15 CONSENT to Jurisdiction by US Magistrate Judge by Chia Yi Foo. (Heiferman, Justin) |
| Filing 14 First MOTION to Adjourn Conference Scheduled for 4/13/2020 at 11:45 am by Pei Jian Chi, E Capital Funding LLC., Ya Dong Liu, Li Hua Zhang. (Marks, Darren) |
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ORDER denying #14 . The general statements in this motion do not demonstrate good cause to adjourn a conference that has already been set to occur by telephone. The telephone conference shall proceed as scheduled. Ordered by Judge Brian M. Cogan on 4/9/2020. (Weisberg, Peggy)
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| Filing 13 NOTICE of Appearance by Darren R. Marks on behalf of All Defendants (aty to be noticed) (Marks, Darren) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Pei Jian Chi, Ya Dong Liu, E Capital Funding LLC., Li Hua Zhang. All Defendants. (Agwu, Ndukwe) |
| Filing 11 NOTICE of Appearance by Ndukwe D. Agwu on behalf of All Defendants (aty to be noticed) (Agwu, Ndukwe) |
| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 3/23/2020. Counsel for both sides present. The parties advised the Court that a settlement had been reached in principle, and the Court directed plaintiff to file a motion for approval of the settlement agreement under Cheeks v. Freeport Pancake House, 799 F.3d 199 (2d Cir. 2015), no later than 4/13/2020. Next status conference is set for 4/13/2020 at 11:45 AM. The parties are directed to use the toll-free number 888-684-8852 and access code 6427877# to participate in the call. (Weisberg, Peggy) |
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ORDER granting in part #10 . Initial Status Conference scheduled for 3/23/2020 will be held by telephone, but if service of the summons and complaint has been made on defendants, plaintiff is ORDERED to file proof of service no later than 3/19/2020. Ordered by Judge Brian M. Cogan on 3/17/2020. (Weisberg, Peggy)
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| Filing 10 Second MOTION to Adjourn Conference or appear telephonically by Chia Yi Foo. (Heiferman, Justin) |
| Filing 9 NOTICE of Appearance by Justin Louis Heiferman on behalf of All Plaintiffs (notification declined or already on case) (Heiferman, Justin) |
| Filing 8 First MOTION to Adjourn Conference by Chia Yi Foo. (Heiferman, Justin) |
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ORDER granting in part #8 . Initial Status Conference adjourned to 3/23/2020 at 6:00 PM in Chambers 704S. The Court is not going to accelerate the time within which plaintiff must effect service. But the Court is not going to extend it either. If proof of service is not filed as required by Federal Rule of Civil Procedure 4(m), the case will be dismissed. If the parties want to settle the case, they should do it now. Ordered by Judge Brian M. Cogan on 2/26/2020. (Weisberg, Peggy)
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Filing 7
SCHEDULING ORDER: Initial Status Conference is set for 3/2/2020 at 11:00 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 1/24/2020. (Clarke, Melonie)
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| Filing 6 Summons Issued as to Pei Jian Chi, E Capital Funding LLC., Ya Dong Liu, Li Hua Zhang. (Davis, Kimberly) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Filing 3 NOTICE of Appearance by Justin Louis Heiferman on behalf of All Plaintiffs (aty to be noticed) (Heiferman, Justin) |
| Filing 2 NOTICE of Appearance by Carter Ruizhe Qi on behalf of Chia Yi Foo (notification declined or already on case) (Qi, Carter) |
| Filing 1 COMPLAINT FIRST against All Defendants filing fee $ 400, receipt number ANYEDC-12288773 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Chia Yi Foo. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Qi, Carter) |
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