Lei v. A & C Seafood International Group Corp. et al
| Zhen Lei |
| Mark Chen, A & C Seafood International Group Corp., Mei Cheah and Qia Chen |
| 1:2021cv03471 |
| June 21, 2021 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Sanket J Bulsara |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 Fair Labor Standards Act |
| Plaintiff |
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Filing 12
SCHEDULING ORDER: A telephonic initial conference will be held at 2:00 P.M. on 9/24/2021 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than two days before 9/24/2021. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/12/2021. (Manson, Eddie)
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ORDER: The motion for extension of time to file answer #10 is granted. Defendants have established that the factors set out in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting the motion. First, Defendants have established their default was not willful, but the result of delays in procuring counsel. Second, the Court finds Plaintiff will not be prejudiced by the at-most one-week delay. See GEICO v. Jacobson, No. 15-CV-7236, 2019 WL 10959842, at *3-4 (E.D.N.Y. Oct. 15, 2019) (finding no prejudice following a "one-month delay"), report and recommendation adopted, Order (Nov. 6, 2019). And third, Defendants have already filed an answer, which denotes that a meritorious defense may be present; the Court's preference is to resolve cases on the merits, not on default. For these reasons, Defendants' motion is granted, and the Court accepts the answer #9 filed on July 28, 2021. Further, Plaintiff's request to compel discovery, (Dkt. No. #11 at 3), is denied. To the extent Plaintiff seeks discovery in advance of a Rule 26(f) conference, he must file a motion pursuant to Rule 26(d)(1) and explain why the discovery he seeks is appropriate under the relevant standards for such a motion. And while a party may serve a document request in advance of a Rule 26(f) conference, it is deemed served as of the date of the conference, Fed. R. Civ. P. 26(d)(2)(B), meaning the time to respond does not run until the conference is held. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/11/2021. (Altreuter, Sylvia)
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| Filing 11 RESPONSE in Opposition re #10 MOTION for Leave to File Document - To Request Acceptance Of Answer filed by Zhen Lei. (Wang, Heng) |
| Filing 10 MOTION for Leave to File Document - To Request Acceptance Of Answer by A & C Seafood International Group Corp., Mei Cheah, Mark Chen. (Brand, Michael) |
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ORDER: Defendants filed an answer #9 to the Complaint on 7/28/2021. The executed summonses indicate the deadline for Defendants to answer or otherwise respond to the Complaint was 7/21/2021. (Dkt. Nos. #5 - #7 ). The Court has an independent obligation to ensure that a belated answer is permissible under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90 (2d Cir. 1993). See Biwen Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). By 8/5/2021, Defendants shall file a motion that explains why, under the standards set forth in Enron Oil, a late answer is permissible in this case. The motion may be made by letter, and shall indicate whether or not Plaintiff consents to the application. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/29/2021. (Altreuter, Sylvia)
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| Filing 9 ANSWER to #1 Complaint,, by A & C Seafood International Group Corp., Mei Cheah, Mark Chen. (Wong, Vincent) |
| Filing 8 Request for Certificate of Default by Zhen Lei (Attachments: #1 Declaration Declaration of Heng Wang in Support of Plaintiff's Request for Entry of Default, #2 Exhibit Exhibit A to Declaration of Heng Wang - Copy of Complaint, #3 Exhibit Exhibit B to Declaration of Heng Wang - Copy of Affidavit of Service, #4 Exhibit Exhibit C to Declaration of Heng Wang - Copy of Affidavit of Service, #5 Exhibit Exhibit D to Declaration of Heng Wang - Copy of Affidavit of Service, #6 Exhibit Exhibit E to Declaration of Heng Wang - Clerk's Certificate of Default, #7 Certificate of Service) (Wang, Heng) |
| Filing 7 SUMMONS Returned Executed by Zhen Lei. Mei Cheah served on 6/30/2021, answer due 7/21/2021. (Wang, Heng) |
| Filing 6 SUMMONS Returned Executed by Zhen Lei. Mark Chen served on 6/30/2021, answer due 7/21/2021. (Wang, Heng) |
| Filing 5 SUMMONS Returned Executed by Zhen Lei. A & C Seafood International Group Corp. served on 6/30/2021, answer due 7/21/2021. (Wang, Heng) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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 Summons Issued as to All Defendants. (Attachments: #1 Chen summons, #2 Cheah summons) (Bowens, Priscilla) |
| Filing 1 COMPLAINT against A & C Seafood International Group Corp., Mei Cheah, Mark Chen filing fee $ 402, receipt number ANYEDC-14582430 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Zhen Lei. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons for Defendant A & C SEAFOOD INTERNATIONAL GROUP CORP, #3 Proposed Summons Proposed Summons for Defendant MARK CHEN a/k/a QIA CHEN, #4 Proposed Summons Proposed Summons for Defendant Mei Cheah) (Wang, Heng) |
| Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Sanket J. Bulsara. 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) |
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