Zhang v. Ichiban Group, LLC et al
| Xue Hui Zhang |
| Ichiban Group, LLC, Ichiban Food Services, Inc., Chen & Ju, Inc., David L Ip, Shiow Fei Ju, Shin Shii Ju, Chwon Tzu Ju, Liping Ju, Tyng Quh Ju and Tommy Ju |
| 1:2017cv00148 |
| February 9, 2017 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Mae A. D'Agostino |
| Therese Wiley Dancks |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
300
MEMORANDUM-DECISION AND ORDER granting 295 Motion to Certify Class; granting 252 Motion for Summary Judgment: The Court hereby ORDERS that Defendants' Motion for Summary Judgment (Dkt. No. 252) is GRANTED; and the Court further ORDERS that all state law claims in this action are DISMISSED as the Court declines to exercise supplemental jurisdiction; and the Court further ORDERS that Defendants' Motion for Decertification (Dkt. No. 295) is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants' favor and close this case; and the Court further ORDERS that the Clerk of the Court serve a copy of this Memorandum-Decision and Order upon Plaintiff in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/19/23. (ban)
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Filing
232
ORDER: for the reasons set forth in this Order, it is ORDERED that Defendants' 227 letter motion is DENIED. Signed by Magistrate Judge Therese Wiley Dancks on 3/17/2022. (sg)
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Filing
207
ORDER denying 202 Motion for Reconsideration: the Court hereby ORDERS that Plaintiffs' motion for reconsideration (Dkt. No. 202) is DENIED; and theCourt further ORDERS that the parties are to provide the Court with the joint proposed notice i n English only within one week of the date of this Order; and the Court further ORDERS that, after the English notice is filed with the Court, the parties will have two weeks to translate the notice into Mandarin; and the Court further ORDERS that if there are no objections to the Mandarin notice, the parties shall file a final version of the Mandarin notice within one week of receipt of the Mandarin notice; and the Court further ORDERS that any objections to the translation of the Mandarin noti ce must be filedwithin one week of the date that the translated notice is made available to all counsel; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 6/23/21. (ban)
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Filing
173
MEMORANDUM-DECISION AND ORDER granting in part and denying in part 154 Motion to Certify Class: The Court hereby ORDERS that Plaintiffs' motion to conditionally certify an FLSA collective action is GRANTED IN PART and DENIED IN PART; and th e Court further ORDERS that the issuance of notice to the collective is authorized, limited to cooks, kitchen workers, waiters, fry woks, packers, and deliverymen employed by Defendants in the three years preceding the filing of Plaintiffs' c omplaint, as set forth in the accompanying Order; and the Court further ORDERS that Plaintiffs' request for equitable tolling of the statute of limitations is DENIED without prejudice; and the Court further ORDERS that Defendants shall produce in electronic format the contact information, consistent with the foregoing decision, for all cooks, kitchen workers, waiters, fry woks, packers, and deliverymen employed by Defendants from February 9, 2014 to present. Signed by U.S. District Judge Mae A. D'Agostino on 3/3/2020. (ban)
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Filing
76
AMENDED MEMORANDUM-DECISION AND ORDER STAYING CASE. Signed by U.S. District Judge Mae A. D'Agostino on 8/6/2018. (ban)
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Filing
74
MEMORANDUM-DECISION AND ORDER STAYING CASE as to all defendants. Signed by U.S. District Judge Mae A. D'Agostino on 8/3/2018. (ban)
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Filing
63
MEMORANDUM-DECISION AND ORDER granting 45 Motion to Dismiss for Lack of Personal Jurisdiction; granting 47 Motion for Leave to File: The Court hereby ORDERS that the action is stayed only as to Defendant Chen & Ju, Inc.; and the Court further ORDERS that Defendants' motion to dismiss for lack of proper service (Dkt. No. 45) as to Defendants Shin Shii Ju, Chwon Tzu Ju, and Shiow Fei Ju is GRANTED and those Defendants are terminated from this case; and the Court further ORDERS that Plaintiff's motion for leave to amend his complaint (Dkt. No. 47) is GRANTED; and the Court further ORDERS that Plaintiff must serve the amended complaint upon Defendants' counsel within fourteen (14) days of this Memorandum-Decision an d Order; and the Court further ORDERS that Plaintiff must file proof of service within three (3) days of service; and the Court further ORDERS that if Plaintiff's counsel fails to file proof of service within seventeen (17) days of this Memo randum-Decision and Order, the Clerk of the Court shall enter judgment in Defendants' favor and close the case without further order of the Court; and the Court further ORDERS that the Clerk of the Court serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 7/26/2018. (ban) Modified on 7/26/2018 (ban).
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Filing
18
MEMORANDUM-DECISION AND ORDER granting in part 14 Motion to Dismiss: The Court hereby ORDERS that Defendants' motion to dismiss (Dkt. No. 14) is GRANTED in part as to Plaintiff's claims under 26 U.S.C. § 7434 and New York Labor La w section 162; and Defendants' motion to dismiss is DENIED in part as to all other claims; and the Court further ORDERS that service was not proper as to Defendants David Ip, Shiow Fei Ju, Shin Shii Ju, or Chwon Tzu Ju, and Plaintiff is g ranted a thirty-day extension of time to serve those Defendants; if Plaintiff fails to properly serve Defendants David Ip, Shiow Fei Ju, Shin Shii Ju, or Chwon Tzu Ju within thirty (30) days, then any of those Defendants that is not properly serve d will be dismissed; and the Court further ORDERS that while the Court does not make a finding as to whether or not Defendants Ichiban Group, LLC, Ichiban Food Services, Inc., were properly served, Plaintiff is granted a thirty (30) day extension of time to serve those Defendants; if Plaintiff fails to serve Defendants Ichiban Group, LLC, Ichiban Food Services, Inc., within thirty (30) days, then Defendants may renew their motion to dismiss for improper service of process as to those Defen dants in a properly filed motion for summary judgment; and the Court further ORDERS that the Clerk of the Court serve a copy of this Memorandum- Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 12/1/2017. (ban, )
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