Zhou v. Kirin Transportation, Inc. et al
| FUMING ZHOU |
| Kirin Transportation, Inc., HEBEI TIANKAI FOUNDATION ENGINEERING TECHNICAL CO. LTD, MARRIANA YUHUA SONG and QIUXIANG SHI |
| Hebei Tiankai Foundation Engineering Technical Co. LTD. |
| 1:2024cv01468 |
| February 27, 2024 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Taryn A Merkl |
| Labor: Labor/Mgt. Relations |
| 05 U.S.C. § 704 Labor Litigation |
| Both |
Docket Report
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This docket was last retrieved on April 24, 2024. A more recent docket listing may be available from PACER.
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| Filing 21 Letter Plaintiff's Letter Requesting for Pre-Motion Conference Ahead of Anticipated Motion to Remand Case /gd by Fuming Zhou (Attachments: #1 Exhibit 01 State Court Summons with Notice, #2 Exhibit 02 State Court Affidavit of Services from Defendants, #3 Exhibit 03 Notice of Removal from State Court, #4 Exhibit 04 Plaintiff's Complaint /gd) (Troy, John) |
| Motions terminated, docketed incorrectly: Motion #11 to remand to State Court. PRIOR TO THE SERVING AND FILING OF ANY DISPOSITIVE MOTIONS, COUNSEL MUST FIRST FILE AND SERVE A LETTER REQUESTING A PRE-MOTION CONFERENCE. JUDGE BLOCK'S MOTION RULES ARE LOCATED ON THE COURT'S WEBSITE . (MI) |
| Filing 20 REPLY in Support re #11 MOTION to Remand to State Court /gd Plaintiffs Letter Requesting Motion to Remand be Granted as Unopposed /gd filed by Fuming Zhou. (Troy, John) |
| Filing 19 NOTICE of Appearance by Kevin S Wang on behalf of All Defendants (aty to be noticed) (Wang, Kevin) |
Filing 18
SCHEDULING ORDER: A telephonic Initial Conference will be held on 5/28/2024 at 10:30 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the number (571) 353-2301. The meeting ID is 362861721. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 5/20/2024. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case.The Court is in receipt of the answer #16 filed by Kevin Wang on behalf of all Defendants. However, the Court notes that Mr. Wang has not entered a notice of appearance on behalf of Defendants Marriana Song and Qiuxiang Shi. If he in fact represents them, Mr. Wang is directed to enter a notice of appearance on behalf of Marriana Song and Qiuxiang Shi by 4/29/2024. If he does not represent them, Mr. Wang is respectfully directed to file a letter clarifying the scope of his representation and an amended answer, also by 4/29/2024. Ordered by Magistrate Judge Taryn A. Merkl on 4/15/2024. (ES)
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| Filing 17 CERTIFICATE OF SERVICE by Hebei Tiankai Foundation Engineering Technical Co. LTD. re #16 Answer to Complaint, Counterclaim (Wang, Kevin) |
| Filing 16 ANSWER to #10 Complaint,, , COUNTERCLAIM against Hebei Tiankai Foundation Engineering Technical Co. LTD. by Hebei Tiankai Foundation Engineering Technical Co. LTD.. (Wang, Kevin) |
| Filing 15 CERTIFICATE OF SERVICE by Hebei Tiankai Foundation Engineering Technical Co. LTD. re #14 Response to Order to Show Cause (Wang, Kevin) |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Hebei Tiankai Foundation Engineering Technical Co. LTD. (Wang, Kevin) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Taryn A. Merkl. Magistrate Judge Taryn A. Merkl no longer assigned as presider to the 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. (DA) |
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (ES) |
| Filing 13 MEMORANDUM in Support re #11 MOTION to Remand to State Court /gd /gd filed by Fuming Zhou. (Troy, John) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #11 MOTION to Remand to State Court /gd /gd filed by Fuming Zhou. (Attachments: #1 Exhibit 01 Summons with Notice from State Court, #2 Exhibit 02 Affidavit of Services from State Court, #3 Exhibit 03 Notice of Removal, #4 Exhibit 04 Plaintiffs Complaint /gd) (Troy, John) |
| Filing 11 MOTION to Remand to State Court /gd by Fuming Zhou. (Troy, John) |
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ORDER TO SHOW CAUSE: The Court is in receipt of the Notice of Removal #1 , filed on 2/27/2024, and the Amended Notice of Removal, #3 , filed on 2/28/2024, and Plaintiff's complaint #10 , filed on 3/18/2024. Defendants assert federal question jurisdiction pursuant to 28 U.S.C. 1367(a). (Notice of Removal, ECF No. #1 , 4.) However, the removal documents "allege[] no question arising under the Constitution or laws of the United States." DeProspo v. Kalish, No. 04-CV-0237 (LAK), 2004 WL 67951, at *1 (S.D.N.Y. Jan. 15, 2004). (See, e.g., Notice, ECF No. 1-1 (exclusively listing claims under the New York Labor Law and New York Codes, Rules and Regulations); see also Complaint, ECF No. 10 (asserting that the United States District Court does not have original jurisdiction, and stating that the Court should remand this case to Queens County Supreme Court).) While Defendants assert supplemental jurisdiction on the basis that "the plaintiff is similarly situated with other Plaintiffs in the Eastern District Court with case numbers 21-CV-03254 and/or 1:20-CV-05410 which has at one part of the same or similar claims as in this case," the Court questions whether this conclusory allegation is sufficient to establish federal question jurisdiction. (Notice of Removal, ECF No. #1 , at 2.) Accordingly, Defendants are directed to show cause as to their basis for removal and whether this Court has federal question jurisdiction by 4/2/2024. Plaintiffs may respond to the Order to Show Cause by 4/12/2024, with any reply due by 4/19/2024. Ordered by Magistrate Judge Taryn A. Merkl on 3/19/2024. (ES)
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| Filing 10 COMPLAINT /gd against Hebei Tiankai Foundation Engineering Technical Co. LTD., Kirin Transportation, Inc., Qiuxiang Shi, Marriana Yuhua Song Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Fuming Zhou. (Attachments: #1 Exhibit 01 Notice to Enforce Shareholders Liability for Services Rendered, #2 Exhibit 02 Notice to Insepct Shared Records, #3 Exhibit 03 Document Preservation Demand, #4 Exhibit 04 Notice of Lien and Assignment, #5 Exhibit 05 Notice that Retaliation is Illegal under FLSA and NYLL, #6 Exhibit 06 Notice that Settlement Under the Table is Prohibited /gd) (Troy, John) |
| Filing 9 NOTICE of Appearance by Kevin S Wang on behalf of Hebei Tiankai Foundation Engineering Technical Co. LTD. (notification declined or already on case) (Wang, Kevin) |
| Filing 8 This attorney case opening filing has been checked for quality control. When entering Plaintiff and Defendants name DO NOT USE ALL CAPITALIZATION See the attachment for corrections that were made, if any. (CV) |
| Filing 7 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) |
| Case Assigned to Magistrate Judge Taryn A. Merkl. 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. (CV) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV) |
| Filing 6 Civil Cover Sheet.. Re #1 Notice of Removal, Notice: Re: Incomplete Civil Cover Sheet, by Hebei Tiankai Foundation Engineering Technical Co. LTD. (Wang, Kevin) Modified on 3/1/2024 (CV). |
| Filing 5 Civil Cover Sheet.. Re #1 Notice of Removal, by Hebei Tiankai Foundation Engineering Technical Co. LTD. (Attachments: #1 Exhibit AMENDED NOTICE TO REMOVAL, #2 Affidavit of Service AFFIDAVIT OF SERVICE) (Wang, Kevin) Modified on 3/1/2024 (CV). |
| Filing 4 NOTICE: Missing Civil Cover Sheet The Clerk's Office cannot assign this casewithout a completed Civil Cover SheetPlease resubmit a COMPLETED Civil Cover Sheet which has been provided. Submission can be done using the event Other Documents - Proposed Summons/Civil Cover Sheet (CV) |
| FINAL NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit A COMPLETED SECOND PAGE Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (CV) |
| Filing 3 NOTICE OF REMOVAL by Hebei Tiankai Foundation Engineering Technical Co. LTD. from Queens County Supreme Court, case number 725796/2022. (Attachments: #1 Exhibit AMENDED NOTICE TO REMOVAL, #2 Affidavit of Service AFFIDAVIT OF SERVICE) (Wang, Kevin) Modified on 3/1/2024 (CV). |
| NOTICE: Missing Civil Cover Sheet The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit a COMPLETED Civil Cover Sheet including the SECOND PAGE (Not the Instruction Page). This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet (CV) |
| Filing 2 AFFIDAVIT of Service , filed by Kirin Transportation, Inc.. (Wang, Kevin) |
| Filing 1 NOTICE OF REMOVAL by Kirin Transportation, Inc. from Queens County Supreme Court, case number 725796/2022. ( Filing fee $ 405 receipt number ANYEDC-17610921) (Attachments: #1 Exhibit SUMMONS WITH NOTICE, #2 Exhibit NOTICE OF APPEARANCE, #3 Exhibit ALL RECORDS) (Wang, Kevin) |
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