Chang et al v. Neo Sushi Studio Inc. et al
Plaintiff: Kwo Shin Chang, Steven Wong, May Leng Chan, Michele Chan, Johnny Shih and Sunny Wu
Defendant: Neo Sushi Studio Inc. and Vinch C. Ly
Petitioner: eSQ. MICHAEL K CHONG
Case Number: 1:2012cv04505
Filed: June 8, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Queens
Presiding Judge: Katherine B Forrest
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 13, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2015 Opinion or Order Filing 181 ORDER: In light of the foregoing, the Court hereby orders that the third party defendants' motion for sanctions and Mr. Chong's relevant taxation of costs are DISMISSED with PREJUDICE. The Court further orders that the settlement between third party defendants and Mr. Ly in the Bankruptcy Court shall remain entirely unaffected by the parties' settlement as to the sanctions issue in this action. The Court now considers the sanctions issue to be fully resolved and directs the Clerk of Court to terminate this action. However, if the parties believe that this Order does not fully resolve all outstanding issues, they shall inform the Court within 72 hours of the filing of this Order. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 10/13/2015) (lmb)
October 13, 2015 Terminate Transcript Deadlines (lmb)
October 9, 2015 Filing 180 LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley, Esq. dated October 9, 2015 re: Proposed Stipulation in Response to this Court's October 7, 2015 order. Document filed by Kwo Shin Chang, Steven Wong. (Attachments: #1 Exhibit Proposed Stipulation, #2 Exhibit Exhibit A to Stipulation - J. Craig Order Approving Bankruptcy Court Settlement)(Minsley, Morton)
October 7, 2015 Opinion or Order Filing 179 ORDER: In its September 23, 2015 Order, this Court requested that the parties submit, by September 30, 2015, their preferred versions of a proposed stipulation so that the Court could choose between those versions to resolve this matter once and for all. (ECF No. 177.) The Court notes that it received a response from Mr. Chong that attached both his own preferred version of a form of order and Mr. Minsley's proposed form of order, which Mr. Minsley had submitted as an attachment to his September 22, 2015 letter addressed to Magistrate Judge Dolinger. (ECF No. 178; see ECF No. 175-1.) Having not received a response from Mr. Minsley, the Court hereby informs the parties that it intends to enter Mr. Chong's proposed form of order to fully resolve this matter unless Mr. Minsley shows cause within 72 hours of the filing of this Order why Mr. Chong's version of a proposed order should not be entered. (Signed by Judge Katherine B. Forrest on 10/7/2015) (lmb)
October 1, 2015 Filing 178 LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong, Esq. dated 9/30/2015 re: Proposed form of Order. Document filed by MICHAEL K CHONG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chong, Michael)
September 23, 2015 Opinion or Order Filing 177 ORDER: After discussion with Magistrate Judge Dolinger's chambers, the Court understands that the parties have been unable to reach an agreement on language for a stipulation relating to third-party defendants' sanctions motion. Within seven days of the date of this Order, the parties shall submit to the Court their preferred versions of a proposed stipulation with consent of the parties for the Court to choose between the parties' submissions and enter a binding stipulation and order that will terminate this dispute. Alternatively, the Court will hold a hearing on the sanctions motion without any reference to the parties' proposed stipulations. The Court has been informed by the chambers of Magistrate Judge Dolinger that nothing further would be accomplished by continuation of the reference for settlement purposes. Therefore, the Court's order of reference is hereby withdrawn. (Signed by Judge Katherine B. Forrest on 9/23/2015) (lmb)
September 22, 2015 Opinion or Order Filing 176 ORDER: In light of the letter of Morton Minsley, Esq., dated September 22, 2015 (docket no. 175), the conference scheduled for September 24, 2015 is adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 9/22/2015) (ama)
September 22, 2015 Filing 175 LETTER addressed to Magistrate Judge Michael H. Dolinger from Morton S. Minsley, Esq. dated September 22, 2015 re: Conflict with Conference Scheduled for September 24, 2015 at 2:00 pm. Document filed by Kwo Shin Chang, Steven Wong. (Attachments: #1 Exhibit Proposed Stipulation resolving matter)(Minsley, Morton)
September 17, 2015 Opinion or Order Filing 174 SCHEDULING ORDER: It is hereby ORDERED that a conference has been scheduled in the above-captioned action for THURSDAY, SEPTEMBER 24, 2015 at 2:00 P.M., at which time the following attorneys are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312: Michael K. Chong, Esq. Morton Seth Minsley, Esq. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. In the event that the anticipated, fully-executed stipulation is filed with the court, this conference will be adjourned. Status Conference set for 9/24/2015 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 9/17/2015) (kl)
July 7, 2015 Opinion or Order Filing 173 SCHEDULING ORDER: It is hereby ORDERED that a telephone conference has been scheduled in the above-captioned action for WEDNESDAY, JULY 8, 2015, at 3:00 P.M., at which time counsel for defendants and third party defendant are to arrange to be on the line together and then call chambers at (212) 805-0204. SO ORDERED. Telephone Conference set for 7/8/2015 at 03:00 PM before Judge Katherine B. Forrest. (Signed by Magistrate Judge Michael H. Dolinger on 7/07/2015) (ama)
May 22, 2015 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Settlement Conference held on 5/22/2015. (Snell, Kevin)
May 22, 2015 Filing 172 FILING ERROR - U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT HAVING ISSUED ITS MANDATE VACATING THE JUDGMENT AND REMANDING THE CASE. BILL OF COSTS OBJECTIONS to re: #170 Bill of Costs Notice of Taxation, #169 Bill of Costs Notice of Taxation,. Document filed by Kwo Shin Chang, Steven Wong.(Minsley, Morton) Modified on 5/22/2015 (dt). Modified on 5/22/2015 (dt).
May 22, 2015 ***NOTICE TO ATTORNEY REGARDING REJECTION OF BILL OF COSTS NOTICE OF TAXATION FOR NON-COMPLIANCE WITH LOCAL RULE 54.1: Notice to Attorney Michael Chong, document #170 Bill of Costs Notice of Taxation, was rejected by the Clerk's Office for the following reason: final judgment was vacated and remanded by the U.S. Court of Appeals for the Second Circuit.The filer must wait until final judgment is entered. Please refile the Bill of Costs Notice of Taxation within 30 days of entry of final judgment. (dt)
May 22, 2015 ***NOTICE TO ATTORNEY REGARDING REJECTION OF BILL OF COSTS OBJECTIONS FOR NON-COMPLIANCE WITH LOCAL RULE 54.1: Notice to Attorney Morton Minsley, document #172 Bill of Costs Objections, was rejected by the Clerk's Office for the following reason: U.S. Court of Appeals having issued its Mandate vacating the judgment and remanding the case. Please refile the Bill of Costs Objections after Notice of Taxation is refiled. (dt)
May 18, 2015 Opinion or Order Filing 171 SCHEDULING ORDER: It is hereby ORDERED that a settlement conference has been scheduled in the above-captioned action for FRIDAY, MAY 22, 2015, at 10:30 A.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. SO ORDERED. Settlement Conference set for 5/22/2015 at 10:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 5/18/2015) (ama)
May 11, 2015 FILING ERROR - U.S. Court of Appeal for the second circuit having issued its Mandate, vacating the District Courts judgment and remanduing the acton for further proceedings > . Notice to Attorney Michael K. Chong to RE-FILE Document #168 Notice (Other), #170 Bill of Costs Notice of Taxation, #169 Bill of Costs Notice of Taxation. All 3 Doc's 168, 169, and 170 incomplete. Refer to Local Rule 1.4. (dt) Modified on 5/22/2015 (dt).
May 8, 2015 Filing 170 FILING ERROR - U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT HAVING ISSUED ITS MANDATE VACATING THE JUDGMENT AND REMANDING THE CASE> BILL OF COSTS NOTICE OF TAXATION to recover costs against Kwo Shin Chang, Steven Wong. Document filed by MICHAEL K CHONG. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 5/22/2015 (Attachments: #1 Exhibit Transcript invoice, #2 Exhibit Interpreter Liu invoice, #3 Exhibit Interpreter Moy invoice)(Chong, Michael) Modified on 5/11/2015 (dt). Modified on 5/22/2015 (dt). Modified on 5/22/2015 (dt). Modified on 5/22/2015 (dt).
May 8, 2015 Filing 169 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - BILL OF COSTS NOTICE OF TAXATION to recover costs against Kwo Shin Chang, Steven Wong. Document filed by MICHAEL K CHONG. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 5/22/2015(Chong, Michael) Modified on 5/11/2015 (dt).
May 8, 2015 Filing 168 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - NOTICE of Taxation of Costs. Document filed by MICHAEL K CHONG. (Chong, Michael) Modified on 5/11/2015 (dt).
May 7, 2015 Filing 167 MEMO ENDORSEMENT on re: #165 Letter filed by Kwo Shin Chang, Steven Wong. ENDORSEMENT: 1. I very much hope this can be resolved with the Magistrate. As the Court remains the fact finder on the factual issues, the Court will not itself preside over the settlement conference. A reference will issue. 2. Conference for 5/8 adjourned. (Signed by Judge Katherine B. Forrest on 5/7/2015) (kgo)
May 7, 2015 Opinion or Order Filing 166 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Katherine B. Forrest on 5/7/2015) (kgo)
May 7, 2015 Filing 165 LETTER addressed to Judge Katherine B. Forrest from Morton Minsley dated May 6, 2015 re: Proposed settlement conference and Conference call scheduled for May 8, 2015. Document filed by Kwo Shin Chang, Steven Wong.(Minsley, Morton)
May 6, 2015 Filing 164 Costs Taxed as to #157 USCA Mandate, USCA Case Number 14-1626. in the amount of $1,807.60. on 05/06/2015 in favor of Appellant Michael K. Chong against Appellees Kwo Shin Chang, Steven Wong. (nd)
May 5, 2015 Filing 163 LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong, Esq. dated 5/5/2015 re: Letter response to court's inquiry. Document filed by MICHAEL K CHONG.(Chong, Michael)
May 5, 2015 Filing 162 MEMO ENDORSEMENT on re: #161 Letter, filed by Kwo Shin Chang, Steven Wong. ENDORSEMENT: Does Mr. Chong agree to mediation or a settlement conference with the magistrate re the sanctions issue? Please let the Court know. (Signed by Judge Katherine B. Forrest on 5/4/2015) (lmb)
May 1, 2015 Filing 161 LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated May 1, 2015 re: Judge Forrest's April 27, 2015 Order to Address the Parties' position regarding the Second Circuit Remand. Document filed by Kwo Shin Chang, Kwo Shin Chang, Steven Wong, Steven Wong.(Minsley, Morton)
May 1, 2015 Filing 160 LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated May 1, 2015 re: Plaintiffs take no position on Third-Party Defendants' Motion for Sanctions. Document filed by May Leng Chan, Michele Chan.(Taubenfeld, Michael)
April 30, 2015 Filing 159 LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong, Esq. dated 4/30/2015 re: submission to court as to remand. Document filed by MICHAEL K CHONG.(Chong, Michael)
April 27, 2015 Opinion or Order Filing 158 ORDER: Not later than Friday, May 1, 2015, the parties shall submit a joint letter (or separate letters) setting forth their views on how this case should proceed in light of the Second Circuits remand. A telephonic conference is set for Friday, May 8, 2015 at 3:30 p.m. The parties shall call (212) 805-0139 on a single line at the time of the conference. (Telephone Conference set for 5/8/2015 at 03:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/27/2015) (kko)
April 24, 2015 Filing 157 MANDATE of USCA (Certified Copy) as to #147 Notice of Appeal, filed by MICHAEL K CHONG. USCA Case Number 14-1626. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be VACATED AND REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/24/2015. (nd)
April 24, 2015 Transmission of USCA Mandate to the District Judge re: #157 USCA Mandate,. (nd)
April 3, 2015 Filing 156 TRUE COPY ORDER of USCA as to #147 Notice of Appeal, filed by MICHAEL K CHONG. USCA Case Number 14-1626. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be VACATED AND REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/03/2015. (nd)
June 16, 2014 USCA Appeal Fees received $ 505.00 receipt number 465401097795 on 06/16/2014 re: #147 Notice of Appeal, filed by MICHAEL K CHONG. [USCA Case No. 14-1626-cv.] (nd)
May 20, 2014 Filing 155 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/26/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2014 Filing 154 TRANSCRIPT of Proceedings re: TRIAL held on 6/26/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2014. Redacted Transcript Deadline set for 6/23/2014. Release of Transcript Restriction set for 8/21/2014.(McGuirk, Kelly)
May 20, 2014 Filing 153 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/13/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2014 Filing 152 TRANSCRIPT of Proceedings re: TRIAL held on 6/13/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2014. Redacted Transcript Deadline set for 6/23/2014. Release of Transcript Restriction set for 8/21/2014.(McGuirk, Kelly)
May 20, 2014 Filing 151 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/12/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2014 Filing 150 TRANSCRIPT of Proceedings re: TRIAL held on 6/12/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2014. Redacted Transcript Deadline set for 6/23/2014. Release of Transcript Restriction set for 8/21/2014.(McGuirk, Kelly)
May 20, 2014 Filing 149 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/11/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2014 Filing 148 TRANSCRIPT of Proceedings re: TRIAL held on 6/11/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2014. Redacted Transcript Deadline set for 6/23/2014. Release of Transcript Restriction set for 8/21/2014.(McGuirk, Kelly)
May 12, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #147 Notice of Appeal, filed by MICHAEL K CHONG were transmitted to the U.S. Court of Appeals. (nd)
May 12, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #147 Notice of Appeal,. (nd)
May 9, 2014 Filing 147 FIRST NOTICE OF APPEAL from #146 Order on Motion to Alter Judgment, #126 Order on Motion for Attorney Fees, Order on Motion for Sanctions,,,,,,,,,,,,,,,, #132 Judgment on Attorney Fees,,,,. Document filed by MICHAEL K CHONG. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Chong, Michael)
April 18, 2014 Opinion or Order Filing 146 ORDER denying #137 Motion to Alter Judgment: Chong's motion is DENIED. The Clerk of Court is directed to close the motion at ECF No. 137. (Signed by Judge Katherine B. Forrest on 4/18/2014) (tn)
April 18, 2014 Filing 145 REPLY AFFIRMATION of Michael K. Chong in Support re: #137 MOTION to Alter Judgment re: #132 Judgment on Attorney Fees,,,,.. Document filed by MICHAEL K CHONG. (Chong, Michael)
April 16, 2014 Filing 144 DECLARATION of Morton S. Minsley, Esq. in Opposition re: #137 MOTION to Alter Judgment re: #132 Judgment on Attorney Fees,,,,.. Document filed by Kwo Shin Chang, Steven Wong. (Attachments: #1 Exhibit A - Decision and Order Granting Sanctions, #2 Exhibit B - Sanctions Judgment, #3 Exhibit C - Chong Record of Frivolous Defenses, #4 Exhibit D - E-Mail Contradicting Sworn Affidavit)(Minsley, Morton)
April 14, 2014 Filing 143 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Morton Minsley, Esq. in Opposition re: #137 MOTION to Alter Judgment re: #132 Judgment on Attorney Fees,,,,.. Document filed by Kwo Shin Chang, Steven Wong. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Minsley, Morton) Modified on 4/17/2014 (db).
April 14, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Morton Seth Minsley to RE-FILE Document #142 Affirmation in Opposition to Motion. Use the event type Declaration in Opposition to Motion found under the event list Replies, Opposition and Supporting Documents. (ka)
April 13, 2014 Filing 142 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIRMATION of Morton S. Minsley, Esq. in Opposition re: #137 MOTION to Alter Judgment re: #132 Judgment on Attorney Fees,,,,.. Document filed by Kwo Shin Chang, Steven Wong. (Attachments: #1 Exhibit A - Decision and Order granting sanctions, #2 Exhibit B - Entered Sanctions Judgment, #3 Exhibit C - Chong's record of pleading frivolous defenses, #4 Exhibit D - Ly E-mail contradicting sworn affidavit)(Minsley, Morton) Modified on 4/14/2014 (ka).
April 4, 2014 Filing 141 AMENDED MEMORANDUM OF LAW in Support re: #137 MOTION to Alter Judgment re: #132 Judgment on Attorney Fees,,,,.. Document filed by MICHAEL K CHONG. (Chong, Michael)
April 3, 2014 Filing 140 AFFIRMATION of Vinh C. Ly in Support re: #137 MOTION to Alter Judgment re: #132 Judgment on Attorney Fees,,,,.. Document filed by MICHAEL K CHONG. (Chong, Michael)
April 3, 2014 Filing 139 MEMORANDUM OF LAW in Support re: #137 MOTION to Alter Judgment re: #132 Judgment on Attorney Fees,,,,.. Document filed by MICHAEL K CHONG. (Chong, Michael)
April 3, 2014 Filing 138 DECLARATION of Michael K. Chong in Support re: #137 MOTION to Alter Judgment re: #132 Judgment on Attorney Fees,,,,.. Document filed by MICHAEL K CHONG. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Chong, Michael)
April 3, 2014 Filing 137 MOTION to Alter Judgment re: #132 Judgment on Attorney Fees,,,,. Document filed by MICHAEL K CHONG.(Chong, Michael)
March 26, 2014 Filing 136 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 8/6/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
March 26, 2014 Filing 135 TRANSCRIPT of Proceedings re: TRIAL held on 8/6/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/21/2014. Redacted Transcript Deadline set for 5/1/2014. Release of Transcript Restriction set for 6/27/2014.(Rodriguez, Somari)
March 21, 2014 Opinion or Order Filing 134 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong dated 3/21/2014 re: Counsel requests leave to file an over-length Memorandum of Law in support of the Motion to Alter or Amend the Judgment. ENDORSEMENT: Ordered: Application to file 50-page memorandum of law granted. In the future, counsel is directed to file all materials in this action, including letters, on ECF. (Signed by Judge Katherine B. Forrest on 3/21/2014) (tn)
March 19, 2014 Opinion or Order Filing 133 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong dated 3/19/2014 re: request permission from the Court to file Affidavits by Michael K. Chong, Esq. and Vinh C. Ly in support of the Motion to Alter or amend the Judgment. ENDORSEMENT: Ordered: Request for permission to submit two affidavits in support of Rule 59(e) motion granted. Application to submit "supplemental pleadings" in support of this motion after April 3, 2014, the date on which such motion is due, is denied. (Motions due by 4/3/2014.) (Signed by Judge Katherine B. Forrest on 3/19/2014) (tn)
March 6, 2014 Filing 132 JUDGMENT FOR ATTORNEYS' FEES AND SANCTIONS IN FAVOR OF PLAINTIFFS AGAINST DEFENDANTS AND IN FAVOR OF THIRD PARTY DEFENDANTS AGAINST THIRD PARTY PLAINTIFFS: that judgment is hereby entered in favor of THIRD PARTY DEFENDANTS KWO SHIN CHANG, and STEVEN WONG, in the amount of $42,678.32, jointly and severally against Defendants NEO SUSHI STUDIO, INC., and Vinh C. Ly, a/k/a Vinh Chi Ly, and against Michael K. Chong and/or Michael K. Chong, LLC; judgment is hereby entered in favor of MICHELE CHAN and MAY LENG CHAN in the amount of $141,982.08, in addition to judgment for $89,093.94 previously awarded, for a total of $231,076.02 due and owing Plaintiffs from Defendants jointly and severally against Defendants NEO SUSHI STUDIO, INC., and VINH C. LY, a/k/a VINH CHI LY; The Clerk of the Court is hereby directed to enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure as set forth above. (Signed by Judge Katherine B. Forrest on 3/6/2014) (tn) (Additional attachment(s) added on 3/6/2014: #1 Right to Appeal) (tn).
March 6, 2014 Opinion or Order Filing 131 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 3/4/2014 re: Counsel writes in response to Mr. Chong's letter objecting to the entry of the Judgment submitted on February 27, 2014 by Plaintiffs' counsel on behalf of both Plaintiff and Third Party Defendants. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 3/5/2014) (tn)
March 6, 2014 Opinion or Order Filing 130 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong dated 3/4/2014 re: Counsel writes to state his objection to the proposed form of Judgment for Attorneys' Fees and Sanctions in Favor of Third Party Defendants against Third Party Plaintiffs, submitted by Mr. Minsley, counsel for the Third Party Defendants. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 3/6/2014) (tn)
February 28, 2014 Opinion or Order Filing 129 ENDORSED LETTER addressed to Michael Chong from Morton S. Minsley dated 2/27/2014 re: J. Forrest's 2/20/14 order grants no such stay of enforcement of the judgment once it is entered. ENDORSEMENT: Ordered: Post to docket. The parties are reminded not to send emails to the Court. (Signed by Judge Katherine B. Forrest on 2/28/2014) (tn)
February 20, 2014 Opinion or Order Filing 128 ORDER: that plaintiffs and third-party defendants shall submit a joint proposed form of judgment to the Court by electronic mail, with a copy served on defendants and third-party plaintiffs, by February 27, 2014. Per Local Civil Rule 77.1, defendants and third-party plaintiffs may object to the entry of such proposed form of judgment and/or submit a counterproposal, by electronic mail, by March 4, 2014. Defendants and third-party plaintiffs may submit any motions pursuant to Federal Rule of Civil Procedure 59(e) following the entry of judgment and within the time period specified by that rule. (Signed by Judge Katherine B. Forrest on 2/20/2014) (tn)
February 20, 2014 Filing 127 LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong dated February 20, 2014 re: FRCP 59 (e) motion. Document filed by Vinch C. Ly, Neo Sushi Studio Inc..(Chong, Michael)
February 14, 2014 Opinion or Order Filing 126 ORDER granting #106 Motion for Attorney Fees; terminating #112 Motion for Sanctions; terminating #113 Motion for Sanctions. For the reasons set forth above, both plaintiffs' and third-party defendants' motions for attorneys' fees and costs are GRANTED. Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that: 1. Plaintiffs are awarded attorneys' fees in the amount of $132,935.00 and costs in the amount of $9,047.08, pursuant to 29 U.S.C. 216(b) and N.Y. Labor Law 663(1). 2. Third-party defendants are awarded attorneys' fees in the amount of $42,678.32 against both third-party plaintiffs (pursuant to the inherent power of the Court) and third-party plaintiffs' counsel (pursuant to Rule 11,28 U.S.C. 1927, and the inherent power of the Court), jointly and severally. If counsel to third-party plaintiffs wishes to make any additional submissions in opposition to either motion that set forth arguments he believes the Court has overlooked, he may do so pursuant to Federal Rule of Civil Procedure 59(e). The Clerk of Court is directed to terminate the motions at ECF Nos. 106, 112, and 113. (Signed by Judge Katherine B. Forrest on 2/14/2014) (mro) Modified on 2/18/2014 (mro).
February 10, 2014 Filing 125 DECLARATION of Michael Taubenfeld in Support re: #106 FIRST MOTION for Attorney Fees and Costs.. Document filed by May Leng Chan, Michele Chan. (Attachments: #1 Exhibit 15)(Taubenfeld, Michael)
February 5, 2014 Opinion or Order Filing 124 ORDER re: #123 Letter, filed by May Leng Chan, Michele Chan. The parties may submit any additional materials concerning the pending motions for attorneys fees and costs by 2/10/2014. (Signed by Judge Katherine B. Forrest on 2/5/2014) (tro)
February 4, 2014 Filing 123 LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated February 4, 2014 re: Partially Lifting of Bankruptcy Stay and Requesting Leave to Submit Documentation Establishing Costs. Document filed by May Leng Chan, Michele Chan. (Attachments: #1 Order Partially Lifting Bankruptcy Stay)(Taubenfeld, Michael)
December 26, 2013 Filing 122 LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated December 26, 2013 re: Defendant Ly's Bankruptcy. Document filed by May Leng Chan, Michele Chan.(Taubenfeld, Michael)
November 20, 2013 Filing 121 SUPPLEMENTAL JUDGMENT #13,1552 in favor of May Leng Chan against Neo Sushi Studio Inc. and Vinch C. Ly, jointly and severally in the amount of $ 55,930.18; and in favor of Michele Chan against Neo Sushi Studio, Inc. and Vinch C. Ly, jointly and severally in the amount of $33,163.76. (Signed by Judge Katherine B. Forrest on 11/20/13) (Attachments: #1 Notice of Right to Appeal)(ml)
November 20, 2013 Terminate Transcript Deadlines (ml)
November 18, 2013 Filing 120 LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated November 18, 2013 re: Requesting the Court Enter a Supplemental Judgment. Document filed by May Leng Chan, Michele Chan. (Attachments: #1 Text of Proposed Order Proposed Supplemental Judgment)(Taubenfeld, Michael)
November 4, 2013 Filing 119 REPLY AFFIRMATION of Morton S. Minsley, Esq. in Support re: #113 MOTION for Sanctions (Corrected Filing - per Notice of Docket Entry Error).. Document filed by Kwo Shin Chang, Steven Wong. (Attachments: #1 Exhibit A -Taubenfeld Letter - 10/23/13)(Minsley, Morton)
October 29, 2013 Opinion or Order Filing 118 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong dated 10/28/13 re: Counsel requests an extension of the briefing schedule as follows: Defendants' opposition due: November 28, 2013; Plaintiffs' reply due: December 11, 2013. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 10/29/2013) (mro)
October 23, 2013 Filing 117 LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated October 23, 2013 re: Third-Party Plaintiffs' Opposition to Third-Party Defendants' Motion for Sanctions. Document filed by May Leng Chan, Michele Chan.(Taubenfeld, Michael)
October 22, 2013 Filing 116 DECLARATION of Michael Chong in Opposition re: #113 MOTION for Sanctions (Corrected Filing - per Notice of Docket Entry Error).. Document filed by Vinch C. Ly, Neo Sushi Studio Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Chong, Michael)
October 2, 2013 Opinion or Order Filing 115 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong dated 10/2/13 re: Counsel requests the following extensions in regards to the plaintiffs' motion for attorney's fees and costs: Defendants' opposition due 10/28/13 and Plaintiffs' reply due 11/11/13. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 10/2/2013) (mro)
October 2, 2013 Set/Reset Deadlines as to #106 FIRST MOTION for Attorney Fees and Costs Responses due by 10/28/2013 Replies due by 11/11/2013. (mro)
September 24, 2013 Filing 114 DECLARATION of Morton S. Minsley, Esq. in Support re: #113 MOTION for Sanctions (Corrected Filing - per Notice of Docket Entry Error).. Document filed by Kwo Shin Chang, Steven Wong. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Minsley, Morton)
September 24, 2013 Filing 113 MOTION for Sanctions (Corrected Filing - per Notice of Docket Entry Error). Document filed by Kwo Shin Chang, Steven Wong.(Minsley, Morton)
September 23, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Morton Seth Minsley to RE-FILE Document #111 MOTION for Sanctions (Attorneys fees and Costs). MOTION for Sanctions (Attorneys fees and Costs). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
September 23, 2013 Filing 112 MOTION for Sanctions (Attorneys fees and Costs) - on behalf of Kwo Shin Chang - supporting papers previously filed on motion on behalf of Third Party Defendant Steven Wong. Document filed by Kwo Shin Chang.(Minsley, Morton)
September 23, 2013 Filing 111 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sanctions (Attorneys fees and Costs). Document filed by Steven Wong. (Attachments: #1 Affidavit Declaration of Morton S. Minsley, Esq. in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Minsley, Morton) Modified on 9/24/2013 (ldi).
September 11, 2013 Filing 110 MEMORANDUM OF LAW in Support re: #106 FIRST MOTION for Attorney Fees and Costs.. Document filed by May Leng Chan, Michele Chan. (Fisher, Liane)
September 11, 2013 Filing 109 DECLARATION of Jonathan Bernstein in Support re: #106 FIRST MOTION for Attorney Fees and Costs.. Document filed by May Leng Chan, Michele Chan. (Fisher, Liane)
September 11, 2013 Filing 108 DECLARATION of Michael Taubenfeld in Support re: #106 FIRST MOTION for Attorney Fees and Costs.. Document filed by May Leng Chan, Michele Chan. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 14)(Fisher, Liane)
September 11, 2013 Filing 107 DECLARATION of Liane Fisher in Support re: #106 FIRST MOTION for Attorney Fees and Costs.. Document filed by May Leng Chan, Michele Chan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fisher, Liane)
September 11, 2013 Filing 106 FIRST MOTION for Attorney Fees and Costs. Document filed by May Leng Chan, Michele Chan.(Fisher, Liane)
September 9, 2013 Opinion or Order Filing 105 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 9/6/13 re: Counsel writes to request an extension of time to file their motion for costs, attorneys fees and/or sanctions until 9/23/13. ENDORSEMENT: Ordered: Application granted. ( Motions due by 9/23/2013.) (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro)
September 5, 2013 Opinion or Order Filing 104 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated 9/4/13 re: Counsel writes to request the following revised briefing schedule: Plaintiffs to file motion by September 11, 2013; Defendants to file opposition by October 14, 2013; Plaintiffs to file reply by October 28, 2013. ENDORSEMENT: Ordered: Application granted. ( Motions due by 9/11/2013., Responses due by 10/14/2013, Replies due by 10/28/2013.) (Signed by Judge Katherine B. Forrest on 9/4/2013) (mro)
August 21, 2013 Opinion or Order Filing 103 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated 8/20/13 re: Counsel writes to request that the Court extend Plaintiffs' deadline to file their motion for attorneys' fees and costs as follows: Plaintiffs to file motion by September 6, 2013; Defendants to file opposition by October 7, 2013; Plaintiffs to file reply by October 21, 2013. ENDORSEMENT: Ordered: The briefing scheduling for plaintiffs' motion for attorneys fees and costs shall be as set forth above. Motion due 9/6/13, opposition due 10/7/13, reply due 10/21/13. ( Motions due by 9/6/2013., Responses due by 10/7/2013, Replies due by 10/21/2013.) (Signed by Judge Katherine B. Forrest on 8/21/2013) (mro)
August 9, 2013 Filing 102 JUDGMENT #13,1552: in favor of May Leng Chan against Neo Sushi Studio Inc. and Vinch C. Ly, jointly and severally in the amount of $ 49,581.98; in favor of Michele Chan against Neo Sushi Studio, Inc. and Vinch C. Ly, jointly and severally in the amount of $29,290.00. (Signed by Judge Katherine B. Forrest on 8/9/2013) (Attachments: #1 Notice of Right to Appeal)(dt)
August 9, 2013 Terminate Transcript Deadlines (dt)
August 9, 2013 Filing 101 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated 8/9/2013 re: This firm represents Plaintiffs in the above-captioned matter. Plaintiffs write to submit a proposed form of judgment. ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 8/9/2013) (lmb)
August 9, 2013 Opinion or Order Filing 100 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 8/8/2013 re: Based upon my schedule for the rest of this month, as well as the Labor Day holiday followed by the early celebration of the Jewish New Year holiday this year, It is respectfully requested that Third Party Defendants have until on or before September 9, 2013 to submit their application. ENDORSEMENT: So ordered. Oppositions due 10/7/13, replies due 10/21/13., ( Motions due by 9/9/2013., Responses due by 10/7/2013., Replies due by 10/21/2013.) (Signed by Judge Katherine B. Forrest on 8/9/2013) (lmb)
August 8, 2013 Filing 99 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated 8/8/2013 re: The parties respectfully request until tomorrow at 11:00 a.m. to file the proposed judgment. In addition, Plaintiffs and Defendants submit for the Court's approval the following briefing schedule for Plaintiffs' anticipated motion for attorneys' fees and costs: (1) Plaintiffs to file motion by August 23, 2013; (2) Defendants to file opposition by September 23, 2013; (3) Plaintiffs to file reply by October 7, 2013. ENDORSEMENT: Fine., ( Motions due by 8/23/2013., Responses due by 9/23/2013., Replies due by 10/7/2013.) (Signed by Judge Katherine B. Forrest on 8/8/2013) (lmb)
August 8, 2013 Filing 98 COURT EXHIBIT 6 filed.(jp)
August 8, 2013 Filing 97 COURT EXHIBIT 5 filed.(jp)
August 8, 2013 Filing 96 COURT EXHIBIT 4 filed. (jp)
August 7, 2013 Opinion or Order Filing 95 ORDER: As discussed on the record at trial on August 6, 2013, it is hereby ORDERED that plaintiffs' counsel shall submit a proposed form of judgment that sets forth the Court's rulings as stated on the record by August 8, 2013. Plaintiffs' counsel shall first confer with defendants'/third-party plaintiffs' counsel as to the form of such judgment. IT IS FURTHER ORDERED that plaintiffs' and third party defendants' counsel shall submit letters to the Court stating whether they intend to make applications for attorneys fees, and on what schedule, by August 8, 2013. IT IS FURTHER ORDERED that the submissions described in the preceding two paragraphs may be sent to the Court by email. (Signed by Judge Katherine B. Forrest on 8/7/2013) (mro) Modified on 8/8/2013 (mro).
August 6, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial completed on 8/6/2013. (jp)
June 27, 2013 Opinion or Order Filing 94 ORDER: As discussed on the record at trial on June 26, 2013, it is hereby ORDERED that trial shall continue for its final session at 9:00 a.m. on August 6, 2013. ( Bench Trial set for 8/6/2013 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/27/2013) (mro)
June 27, 2013 ***DELETED DOCUMENT. Deleted document number #95 TRANSCRIPT. The document was incorrectly filed in this case. (mt)
June 26, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 6/26/2013. (jp)
June 20, 2013 Filing 93 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/10/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 20, 2013 Filing 92 TRANSCRIPT of Proceedings re: TRIAL held on 6/10/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/23/2013.(McGuirk, Kelly)
June 14, 2013 Opinion or Order Filing 91 ORDER: As discussed on the record at trial, it is hereby ORDERED that:1. For the reasons set forth on the record on June 10, 2013, Plaintiffs Johnny Shih and Sonny Wu's claims are dismissed with prejudice; 2.Trial shall recommence on June 26, 2013. ( Ready for Trial by 6/26/2013.) (Signed by Judge Katherine B. Forrest on 6/14/2013) (js)
June 13, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 6/13/2013. (jp)
June 13, 2013 Filing 90 COURT EXHIBIT 2 filed. (jp)
June 13, 2013 Filing 89 COURT EXHIBIT 1 filed. (jp)
June 12, 2013 Minute Entry Bench Trial held on 6/12/2013. (jp)
June 11, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial held on 6/11/2013. (jp)
June 10, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Bench Trial begun on 6/10/2013. (jp)
June 7, 2013 Filing 88 TRIAL BRIEF. Document filed by May Leng Chan, Michele Chan.(Fisher, Liane)
June 7, 2013 Opinion or Order Filing 87 ORDER: As discussed on the record at the Final Pretrial Conference, it is hereby ORDERED that: 1. Third-party defendants' letter motion of June 4, 2013, for sanctions under Rule 37 is DENIED in part and GRANTED in part for the reasons set forth on the record. Accordingly, third-party plaintiffs will not be permitted to introduce documents produced to third-party defendants for the first time in June. They will, however, be permitted to use those documents to impeach any witnesses, and the third-party plaintiffs will be permitted to testify at trial. 2. Defendants/third-party plaintiffs' motion in limine (seeking Rule 37-like sanctions) is DENIED. 3. Plaintiffs' tax returns will not be admitted for the purpose of discussing their immigration status but they will be permitted to the extent they are relevant to plaintiffs income and employment in issue in this action. 4. Defendants' motion to preclude evidence of plaintiffs' damages is DENIED for the reasons set forth on the record. 5. Plaintiffs shall, not later than 9:00 a.m. Monday June 10, 2013, submit a list of damages that they seek, broken down by the legal basis for those damages (e.g., overtime, spread of hours, liquidated damages, etc.). (Signed by Judge Katherine B. Forrest on 6/7/2013) (mro)
June 6, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Final Pretrial Conference held on 6/6/2013. (jp)
June 6, 2013 Opinion or Order Filing 86 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 6/5/13 re: Counsel writes to respectfully protest Mr. Chong being given additional time to respond to his June 4, 2013 letter to your Honor. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 6/5/2013) (mro)
June 6, 2013 Filing 85 JOINT PRELIMINARY TRIAL REPORT. Document filed by Vinch C. Ly, Neo Sushi Studio Inc..(Chong, Michael)
June 6, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Liane Fisher to RE-FILE Document #83 Exhibit List. Use the event type Objection(non-motion) found under the event list Other Answers. (ka)
June 5, 2013 Opinion or Order Filing 84 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong, Esq. dated 6/05/2013 re: I am finalizing my response to Mr. Minsley's lengthy June 4, 2013 application to the court. My response is due at 5:00 p.m. I respectfully request a small 2 hour extension, so that I may finalize my response and exhibits. ENDORSEMENT: ORDERED: Application Granted. (Both request should be made by letter in general-- not by email). (Signed by Judge Katherine B. Forrest on 6/05/2013) (ama)
June 5, 2013 Filing 83 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Exhibit List Plaintiffs' Objections to Defendants' Exhibits. Document filed by May Leng Chan, Michele Chan.(Fisher, Liane) Modified on 6/6/2013 (ka).
June 5, 2013 Opinion or Order Filing 82 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated 6/5/13 re: Counsel requests guidance regarding how to respond to Defendants' untimely and voluminous motion in limine, which was filed late last night and contains hundreds of pages of exhibits. Defendants' motion in limine was filed well after the May 27, 2013 deadline to file motions in limine that was set by the Court on May 8, 2013 (DE 58, para. 9) and provides little time for Plaintiffs to respond. ENDORSEMENT: Ordered: An oral response is fine (on 6/6/13.) (Signed by Judge Katherine B. Forrest on 6/5/2013) (mro)
June 4, 2013 Filing 81 AFFIRMATION of Michael Chong (Supplement - Case law) in Support re: #77 FIRST MOTION in Limine to exclude evidence of Plaintiffs' Damages.. Document filed by Vinch C. Ly, Neo Sushi Studio Inc.. (Attachments: #1 Exhibit 1, #2 Supplement to Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Chong, Michael)
June 4, 2013 Filing 80 AFFIDAVIT of Michael Chong (Supplement) in Support re: #77 FIRST MOTION in Limine to exclude evidence of Plaintiffs' Damages.. Document filed by Vinch C. Ly, Neo Sushi Studio Inc.. (Attachments: #1 Exhibit C, #2 Supplement to Exhibit C, #3 Supplement to Exhibit C, #4 Supplement to Exhibit C, #5 Supplement to Exhibit C, #6 Supplement to Exhibit C, #7 Exhibit D, #8 Supplement to Exhibit D, #9 Exhibit E)(Chong, Michael)
June 4, 2013 Filing 79 AFFIDAVIT of Michael Chong in Support re: #77 FIRST MOTION in Limine to exclude evidence of Plaintiffs' Damages.. Document filed by Vinch C. Ly, Neo Sushi Studio Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Supplement to Exhibit B, #4 Supplement to Exhibit B, #5 Supplement to Exhibit B, #6 Supplement to Exhibit B, #7 Supplement to Exhibit B)(Chong, Michael)
June 4, 2013 Filing 78 MEMORANDUM OF LAW in Support re: #77 FIRST MOTION in Limine to exclude evidence of Plaintiffs' Damages.. Document filed by Vinch C. Ly, Neo Sushi Studio Inc.. (Chong, Michael)
June 4, 2013 Filing 77 FIRST MOTION in Limine to exclude evidence of Plaintiffs' Damages. Document filed by Vinch C. Ly, Neo Sushi Studio Inc.. Return Date set for 6/6/2013 at 11:00 AM.(Chong, Michael)
June 4, 2013 Opinion or Order Filing 76 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 6/4/2013 re: Counsel respectfully submits that the appropriate sanction in the present case is dismissal of the third party action, with prejudice, and an award of third party defendants' attorneys' fees. ENDORSEMENT: Ordered: Mr. Chong to respond to this letter motion not later than June 5 at 5 pm, if it is opposed. (Signed by Judge Katherine B. Forrest on 6/4/2013) (mro)
June 4, 2013 Filing 75 JOINT PRELIMINARY TRIAL REPORT. Document filed by Vinch C. Ly, Neo Sushi Studio Inc..(Chong, Michael)
June 4, 2013 Filing 74 JOINT PRELIMINARY TRIAL REPORT. Document filed by Vinch C. Ly, Neo Sushi Studio Inc..(Chong, Michael)
June 3, 2013 Filing 73 JOINT PRELIMINARY TRIAL REPORT. Document filed by May Leng Chan, Michele Chan.(Fisher, Liane)
May 31, 2013 Filing 72 Letter addressed to Judge Katherine B. Forrest from Michael K. Chong, Esq. dated 5/31/2013 re: This office represents the Defendants/Third Party Plaintiffs Neo Sushi Studio, Inc. and Vihn C. Ly in the above referenced matter. At 10:10 p.m. on May 30, 2013, I received an email from Morton Minsely, Esq. with attached correspondence to Your Honor. Please kindly accept the following in response to same, and in further support of my correspondence to the court dated May 28, 2013 (Document 63 on the docket). ENDORSEMENT: ORDERED. Post on Docket. (ama)
May 31, 2013 Filing 71 Letter addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated 5/30/2013 re: This firm represents Plaintiffs in the above-captioned matter. I am writing in response to Defendants' motion to dismiss Plaintiffs Michele Chan and May Chan's claims. ENDORSEMENT: ORDERED. Post on Docket.(ama)
May 31, 2013 Opinion or Order Filing 70 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 5/30/13 re: Counsel writes in response to a letter e-mailed on Tuesday, May 28th to the Court by Michael Chong, Counsel for Defendants and Third Party Plaintiffs requesting permission to move to strike the answer of third party defendants for failure to provide discovery. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/31/2013) (mro)
May 31, 2013 Opinion or Order Filing 69 ORDER: Having reviewed the parties' submissions in connection with third-party defendants' letter motion to strike, sever, dismiss, or try separately the third-party claims, it is hereby ORDERED that the Court will hold a one-week bench trial on all issues, to commence June 10, 2013. (Signed by Judge Katherine B. Forrest on 5/30/2013) (mro)
May 30, 2013 Filing 68 Letter addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 5/29/13 re: Counsel submit this brief letter in reply Mr. Chong's 18 page opposition, with voluminous evidentiary material attached, to my four page letter motion seeking severance or other relief pursuant to FRCP 14(a)(4) with respect to the Third Party Claims. (mro)
May 30, 2013 Filing 67 AFFIDAVIT OF SERVICE of Motion to Dismiss served on Johnny Shih/Sunny Wu on 5/29/2013. Service was made by Mail. Document filed by May Leng Chan, Michele Chan. (Fisher, Liane)
May 28, 2013 Opinion or Order Filing 66 ORDER: It is hereby ORDERED that: 1. Wu's claims are DISMISSED. 2. Wu may, not later than June 4, 2013, show cause why his claims should not be dismissed with prejudice. 3. Shih may, not later than June 4, 2013, show cause why his claims should not be dismissed (at all or with prejudice). 4. After service of this Order on Shih and Wu, the application of Liane Fisher and Michael Taubenfeld to withdraw as counsel for plaintiffs Shih and Wu is GRANTED. (Signed by Judge Katherine B. Forrest on 5/28/2013) (mro)
May 28, 2013 Filing 65 Letter addressed to Judge Katherine B. Forrest from Michael K. Chong, Esq. dated 5/28/2013 re: For these reasons, Defendants\Third Party Plaintiffs respectfully request permission to file a Motion to Dismiss the claims of Plaintiffs Wu and Shih with prejudice. Thank you for your consideration of this request. (ama)
May 28, 2013 Filing 64 Letter addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated 5/24/2013 re: This firm represents Plaintiffs in the above-captioned matter. In accordance with the Court's May 21, 2013 order, I am writing to advise the Court that Plaintiff Shih has not contacted our firm and that Plaintiff Wu advised us earlier this week that he no longer wishes to be part of the case. As such, we respectfully request leave to withdraw from representing Plaintiffs Wu and Shih. (ama)
May 28, 2013 Filing 63 Letter addressed to Judge Katherine B. Forrest from Michael K. Chong, Esq. dated 5/28/2013 re: Accordingly, I seek permission to file a Motion pursuant to Fed. R. Civ. P. 37(b)(2)(A), to: 1) dismiss the Complaint of Plaintiffs Michelle Chan and May Leng Chan with prejudice; and 2) to strike the Answer and Defenses of Third Party Defendants Kwo Shin Chang and Steven Wong, for failure to obey a discovery order. (ama)
May 23, 2013 Filing 62 Letter addressed to Judge Katherine B. Forrest from Michael K. Chong dated 5/23/13 re: This office represents the Defendants/Third Party Plaintiffs Neo Sushi Studio, Inc. and Vihn C. Ly in the above referenced matter. This letter is in opposition to the letter in lieu of formal motion, filed on behalf of Third Party Defendants Kwo Shin Chang and Steven Wong, to strike, sever, dismiss or try separately the third party claims brought by Neo Sushi Studio, Inc. and Vihn C. Ly against Kwo Shin Chang and Steven Wong. For the reasons herein, the requested relief should be denied in its entirety. (mro) (Additional attachment(s) added on 5/23/2013: #1 Exhibits) (ama).
May 23, 2013 Opinion or Order Filing 61 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 5/23/13 re: Counsel writes to until 5/28 to submit a reply to opposition to the letter motion seeking severance or other relief pursuant to FRCP 14(a)(4). ENDORSEMENT: Ordered: Reply on 5/29/13 would be fine. (Signed by Judge Katherine B. Forrest on 5/23/2013) (mro)
May 22, 2013 Opinion or Order Filing 60 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 5/22/13 re: Counsel writes to correct the false impressions created with the Court by Mr. Chong that third party defendants have not complied with discovery. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/22/2013) (mro)
May 22, 2013 Opinion or Order Filing 59 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong dated 5/22/13 re: Counsel requests an adjournment of the trial date for one week (and related dates including the deadline for Pre-trial submission-May 27th; and the Pre-trial conference May 30th), to June 10, 2013, or a date thereafter that is most convenient for the court. All counsel respectfully seek clarification as to Your Honor's instructions at the conference held on May 7, 2013. At the conference, the court advised that if the parties consent to a bench trial, submissions to the court would consist of: (1) Exhibit list and (2) Witness list. Your Honor's Individual Rules also provide that parties submit (3) Findings of Fact and Conclusions of Law. All counsel seek to confirm if (3) is required. ENDORSEMENT: Ordered: (1) Extensions granted as set forth below; JPTO-June 3, 2013; FPTC-June 6, 2013, at 11:00 a.m.; Trial-June 10, 2013. (2) The parties need not submit proposed findings of fact and conclusions of law. (Signed by Judge Katherine B. Forrest on 5/22/2013) (mro)
May 22, 2013 Opinion or Order Filing 58 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong dated 5/22/13 re: Counsel requests the court's permission to file defendants/third party plaintiffs' response to third party defendants' letter/motion by tomorrow 5/23/13 no later than 5:00 p.m. ENDORSEMENT: Ordered: Extension to 5/23/13 granted. (Signed by Judge Katherine B. Forrest on 5/22/2013) (mro)
May 22, 2013 Filing 57 Letter addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 5/22/13 re: Counsel writes in response to Mr. Chong's letter to the Court sent by e-mail earlier today. (mro)
May 22, 2013 Set/Reset Deadlines: ( Pretrial Order due by 6/3/2013.), Set/Reset Hearings:( Final Pretrial Conference set for 6/6/2013 at 11:00 AM before Judge Katherine B. Forrest.) (mro)
May 21, 2013 Filing 56 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liane Fisher dated 5/20/2013 re: Counsel requests permission to withdraw as counsel for Plaintiffs Shih and Wu. ENDORSEMENT: If neither (or either) Shih nor Wu respond to your letter communicating within 72 hours, notify the Court and your application to withdraw shall be deemed granted. (Signed by Judge Katherine B. Forrest on 5/21/2013) (tro) Modified on 5/23/2013 (tro).
May 15, 2013 Opinion or Order Filing 55 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated 5/14/13 re: Counsel writes to advise the Court that all parties have agreed to withdraw their jury demand and all consent to a bench trial. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/15/2013) (mro)
May 15, 2013 Opinion or Order Filing 54 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 5/14/13 re: Counsel writes this letter in lieu of a formal motion to strike, sever, dismiss or try separately the third party claims brought by defendants and third party plaintiffs Neo Sushi Studio, Inc. and Vinh C. Ly. ENDORSEMENT: Ordered: Plaintiffs and/or counsel for defendants/third-party plaintiffs shall respond to this letter/motion not later than 5/22/13 at 5 pm, if they oppose it. (Signed by Judge Katherine B. Forrest on 5/15/2013) (mro) Modified on 5/15/2013 (mro).
May 8, 2013 Opinion or Order Filing 53 ORDER: As discussed at the conference of May 7, 2013, it is hereby ORDERED that: 1. Plaintiffs shall, not later than 9:00 a.m. May 13, 2013, provide a date on or before May 16, 2013, when Mr. Shih will make himself available. 2. If Mr. Shih cannot make himself available for deposition prior to the close of discovery, the parties may submit letter motions of three pages or fewer discussing whether Mr. Shih's claims should be dismissed with or without prejudice. 3. Any letter motion to sever shall be brought forthwith and shall be handled in accordance with the Court's individual practices regarding discovery disputes. 4. The parties shall, not later than May 14, 2013, inform the Court whether they intend to withdraw their jury demand. 5. Third-party defendants' production shall occur in full not later than 5:00 p.m. May 20, 2013. 6. Third-party defendants shall make themselves available for deposition during the week of May 20, 2013. 7. Any motion for summary judgment shall be filed not later than May 20, 2013, and any opposition shall be filed not later than May 29, 2013. The Court will not accept any replies. 8. The parties shall, not later than May 27, 2013, submit their final pretrial materials in accordance with this Court's individual practices in civil cases. 9. Any motions in limine shall be brought not later than May 27, 2013, and any responses may be made orally at the final pretrial conference or may be made in writing prior to that conference. 10. The parties shall appear for a final pretrial conference at 12:00 p.m. on May 30, 2013. ( Motions due by 5/20/2013., Responses due by 5/29/2013), ( Final Pretrial Conference set for 5/30/2013 at 12:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 5/8/2013) (mro)
May 7, 2013 Filing 52 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - SECOND MOTION to Compel Plaintiffs and Third Party Defendants to provide complete discovery responses and complete depositions. Document filed by Vinch C. Ly, Neo Sushi Studio Inc.. Return Date set for 5/7/2013 at 11:00 AM. (Attachments: #1 Exhibit A)(Chong, Michael) Modified on 5/7/2013 (db).
May 7, 2013 Filing 51 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST MOTION to Compel Plaintiffs and Third Party Defendants to to provide complete discovery responses and complete depositions. Document filed by Vinch C. Ly, Neo Sushi Studio Inc.. Return Date set for 5/7/2013 at 11:00 AM. (Attachments: #1 Exhibit A)(Chong, Michael) Modified on 5/7/2013 (db).
May 7, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Status Conference held on 5/7/2013. (jp)
May 7, 2013 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document Nos. [51-52] HAVE BEEN REJECTED. Note to Attorney Michael K. Chong : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
May 6, 2013 Opinion or Order Filing 50 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated 5/3/13 re: Counsel submits a proposed protective order for the Court's review and signature. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/6/2013) (mro)
May 6, 2013 Opinion or Order Filing 49 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine B. Forrest on 5/6/2013) (mro)
May 2, 2013 Opinion or Order Filing 48 ORDER; It is hereby ORDERED that the status conference scheduled for May 7, 2013, at 11:30 a.m. shall be held that same day at 11:00 a.m. (Signed by Judge Katherine B. Forrest on 5/2/2013) (mro)
May 2, 2013 Set/Reset Hearings: Status Conference set for 5/7/2013 at 11:00 AM before Judge Katherine B. Forrest. (mro)
April 29, 2013 Opinion or Order Filing 47 ORDER: It is hereby ORDERED that the status conference scheduled for May 3, 2013, is adjourned to May 7,2013, at 11:30 a.m. ( Status Conference set for 5/7/2013 at 11:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/29/2013) (mt)
April 19, 2013 Opinion or Order Filing 46 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong dated 4/17/13 re: Counsel attaches the "rough" draft of the transcript of Sunny Wu's deposition. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 4/18/2013) (mro)
April 19, 2013 Opinion or Order Filing 45 ORDER: On April 19, 2013, the parties called the Court during a deposition to resolve a dispute about when the deponent (Vinh C. Ly, a named defendant) may leave the deposition. For the reasons discussed during that call, it is hereby ORDERED that Mr. Ly may either continue the current deposition until plaintiffs finish or Mr. Ly has provided the full seven hours of testimony, or Mr. Ly may leave the deposition to go to work but pay the costs of hiring a court reporter and translator for a second deposition. (Signed by Judge Katherine B. Forrest on 4/19/2013) (mro)
April 18, 2013 Opinion or Order Filing 44 ORDER: On April 18, 2013, the parties called the Court during a deposition to resolve a dispute about whether certain financial information is discoverable from plaintiffs. For the reasons discussed on the record during that call, it is hereby ORDERED that: 1. The Court finds tax returns and bank statements of the years for which plaintiffs assert claims to be sufficiently relevant or likely to lead to relevant evidence that they are discoverable under the Federal Rules of Civil Procedure. 2. If, after the parties meet and confer, defendants persist in their request for tax returns and bank statements of the relevant years, plaintiffs should produce those documents. 3. Plaintiffs may submit a letter to the Court including any argument why those materials should not be discoverable. The Court may then require defendants to return certain materials to plaintiffs. This Order does not constitute a ruling on the admissibility of any material at trial. (Signed by Judge Katherine B. Forrest on 4/18/2013) (mro)
April 17, 2013 Opinion or Order Filing 43 ORDER: As discussed at the conference of April 17, 2013, it is hereby ORDERED that: 1. Mr. Chong shall, not later than April 18, 2013, submit the relevant portion of the rough draft of the deposition transcript referenced in his motion to compel of April 17, 2013. 2. The close of fact discovery is extended to May 16, 2013. 3. Plaintiffs shall, as soon as practicable, inform the Court if Mr. Shih cannot appear for an inperson deposition in the United States by May 16, 2013. ( Deposition due by 5/16/2013., Fact Discovery due by 5/16/2013.) (Signed by Judge Katherine B. Forrest on 4/17/2013) (mro)
April 17, 2013 Opinion or Order Filing 42 ORDER: It is hereby ORDERED that the parties shall appear at 4:00 p.m. today for a ten minute telephonic conference regarding the letter motion to compel Plaintiffs are welcome to submit a written response to that letter motion in advance of that conference, if they so choose. (Signed by Judge Katherine B. Forrest on 4/17/2013) (mro)
April 17, 2013 Filing 41 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST MOTION to Compel Plaintiff Johnny Shih to appear for an in person deposition. Document filed by Vinch C. Ly, Neo Sushi Studio Inc. (Chong, Michael) Modified on 4/17/2013 (db).
April 17, 2013 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #41 HAS BEEN REJECTED. Note to Attorney Michael K. Chong : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
March 15, 2013 Filing 40 ANSWER to #29 Answer to Amended Complaint, Third Party Complaint,,. Document filed by Steven Wong.(Minsley, Morton)
March 15, 2013 Filing 39 ANSWER to #29 Answer to Amended Complaint, Third Party Complaint,,. Document filed by Kwo Shin Chang, Steven Wong.(Minsley, Morton)
March 15, 2013 Filing 38 SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Steven Wong.(Minsley, Morton)
March 15, 2013 Filing 37 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kwo Shin Chang.(Minsley, Morton)
March 12, 2013 Filing 36 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael K. Chong dated 3/11/13 re: Counsel writes in response to Plaintiff's counsel's letter to the court dated 3/8/13. Counsel requests that the court not publish Plaintiffs' counsel's unflattering and inaccurate letter on ECF. ENDORSEMENT: All letters get posted to docket--including your response. (Signed by Judge Katherine B. Forrest on 3/12/2013) (mro) Modified on 3/13/2013 (mro).
March 8, 2013 Opinion or Order Filing 35 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael Taubenfeld dated 3/8/2013 re: Accordingly, Plaintiffs respectfully request one additional business day, until March 11, 2013, to respond to Defendants' Interrogatories, Documents Requests and Requests to Admit. ENDORSEMENT: Application GRANTED SO Ordered. (Signed by Judge Katherine B. Forrest on 3/8/2013) (mt)
February 21, 2013 Filing 34 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Morton S. Minsley dated 2/20/13 re: Counsel requests that the Court grant Third Party defendants Kwo Shin Chang and Steven Wong an enlargement of time answer or move pursuant to FRCP Rule 12 with respect to the Third Party Complaint, for a period of thirty days, up to and including 3/23/13. ENDORSEMENT: Extension to move or answer extended to March 15, 2013. (Signed by Judge Katherine B. Forrest on 2/20/2013) (mro) Modified on 2/21/2013 (mro).
February 21, 2013 Set/Reset Deadlines: Kwo Shin Chang answer due 3/15/2013; Steven Wong answer due 3/15/2013. (mro)
February 20, 2013 Filing 33 NOTICE OF APPEARANCE by Morton Seth Minsley on behalf of Kwo Shin Chang, Steven Wong (Minsley, Morton)
February 17, 2013 Filing 32 ACKNOWLEDGMENT OF SERVICE. Kwo Shin Chang served on 2/1/2013, answer due 2/22/2013. Service was accepted by Ming Wei Chang. Document filed by Vinch C. Ly; Neo Sushi Studio Inc.. (Chong, Michael)
February 7, 2013 Filing 31 AFFIDAVIT OF SERVICE of Summons and Third Party Complaint served on Steve Wong on 02/02/2013. Service was accepted by Ann Wong. Document filed by Vinch C. Ly, Neo Sushi Studio Inc.. (Chong, Michael)
January 31, 2013 Opinion or Order Filing 30 ORDER: As discussed at the status conference of January 31, 2013, it is hereby ORDERED that the parties shall appear for a status conference on May 3, 2013, at 11:00 a.m. The Court also notes that it has advised the parties on its views of how discovery should proceed. The Court expects the parties to proceed professionally and accordingly. ( Status Conference set for 5/3/2013 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 1/31/2013) (ago)
January 12, 2013 Filing 29 ANSWER to #26 Amended Complaint, with JURY DEMAND., THIRD PARTY COMPLAINT against Kwo Shin Chang(Individually and on behalf of others similarly situated), Steven Wong(Individually and on behalf of others similarly situated). Document filed by Vinch C. Ly, Neo Sushi Studio Inc..(Chong, Michael)
January 9, 2013 Opinion or Order Filing 28 ORDER: In connection with the schedule of this matter, the Court reiterates that all dates in the November 14, 2012, scheduling order continue to apply, except for the date of the status conference, as indicated below. In light of the parties' request for an adjournment of the that conference, it is hereby ORDERED that the status conference of January 10, 2013, is adjourned to January 31, 2013, at 1:30 p.m.(Status Conference set for 1/31/2013 at 01:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 1/9/2013) (djc) Modified on 1/10/2013 (djc).
January 9, 2013 Opinion or Order Filing 27 STIPULATION & ORDER EXTENDING TIME TO ANSWER THE SECOND AMENDED COMPLAINT: the time for defendants to answer, move or otherwise respond with respect to the Second Amended Complaint in the above matter is hereby extended through and including January 11, 2013. Vinch C. Ly answer due 1/11/2013; Neo Sushi Studio Inc. answer due 1/11/2013. (Signed by Judge Katherine B. Forrest on 1/9/2013) (djc)
November 27, 2012 Filing 26 SECOND AMENDED COMPLAINT amending #17 Amended Complaint, against Vinch C. Ly, Neo Sushi Studio Inc. with JURY DEMAND.Document filed by Sunny Wu, Michele Chan, Johnny Shih, May Leng Chan. Related document: #17 Amended Complaint, filed by Johnny Shih, May Leng Chan, Sunny Wu, Michele Chan, Kwo Shin Chang, Steven Wong.(lmb)
November 27, 2012 Filing 25 NOTICE OF CHANGE OF ADDRESS by Liane Fisher on behalf of All Plaintiffs. New Address: Serrins Fisher LLP, 233 Broadway, Suite 2340, New York, New York, United States 10279, 2125710700. (Fisher, Liane)
November 15, 2012 Opinion or Order Filing 24 ORDER: At the status conference of November 13, 2012, the Court sua sponte raised the question of its subject matter jurisdiction over this action should defendant fail to meet the $500,000 gross sales/business volume necessary to be considered an "[e]nterprise engaged in commerce or in the production of goods for commerce" under 29 U.S.C. 203(s). Having looked into the matter, the Court finds that subject matter jurisdiction is adequately alleged, and - at present - no Court order is warranted to require either limited discovery into that issue or an early motion for summary judgment on that issue. If any party believes both (1) that plaintiffs are not employees engaged in commerce or engaged in the production of goods for commerce, and (2) that plaintiffs are not employed in an enterprise so engaged, it should inform the Court of its position by letter. In that event, the Court will reconsider whether limited discovery and/or early motions for summary judgment may be appropriate. (Signed by Judge Katherine B. Forrest on 11/14/2012) (lmb)
November 14, 2012 Opinion or Order Filing 23 ORDER. It is hereby ORDERED that the parties shall adhere to the following schedule: 1. Plaintiffs shall file any amended complaint not later than November 27, 2012; 2. Defendants shall move against or answer any amended complaint not later than December 11, 2012; 3. Any motion for conditional certification of a collective action shall be filed not later than January 4, 2013; 4. Any opposition to such a motion shall be filed not later than January 18, 2013; 5. Any reply in support of such a motion shall be filed not later than January 25, 2013; 6. The parties shall appear for a status conference on January 10, 2013, at 1:00 P.M.; 7. All discovery shall close on April 30, 2013; and 8. Trial shall commence on June 3, 2012. IT IS FURTHER ORDERED THAT plaintiffs' motion to dismiss defendants' counterclaims is denied as moot. The Clerk of Court is directed to terminate the motion at docket number 13. (Amended Pleadings due by 11/27/2012. Discovery due by 4/30/2013. Motions due by 1/4/2013. Responses due by 1/18/2013. Replies due by 1/25/2013. Ready for Trial by 6/3/2013.), (Status Conference set for 1/10/2013 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 11/14/2012) (rjm) (Main Document 23 replaced on 12/7/2012) (rjm).
November 13, 2012 Opinion or Order Filing 22 ORDER: that the Order of Reference to a Magistrate Judge for General Pretrial purposes (Dkt. No.7) is VACATED. All matters will proceed before Judge Forrest, except matters related to settlement. Status Conference set for 11/13/2012 at 01:30 PM, rather than 2:00 pm, in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest. The Clerk of the Court is directed to terminate the reference to the Magistrate Judge. (Signed by Judge Katherine B. Forrest on 11/12/2012) (cd)
November 13, 2012 Filing 21 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Michael Taubenfeld dated 11/9/2012 re: Request that counter defendants Chang and Wong's time to respond be extended from 11/12 to 11/26/2012 and to withdraw their pending motion to dismiss. ENDORSEMENT: Application granted (ext. to 11/26/2012). All matters will proceed before Judge Forrest. The reference to the magistrate has been vacated. Kwo Shin Chang(Individually and on behalf of others similarly situated) answer due 11/26/2012; Steven Wong(Individually and on behalf of others similarly situated) answer due 11/26/2012. (Signed by Judge Katherine B. Forrest on 11/13/2012) (cd)
November 13, 2012 CASE NO LONGER REFERRED to Magistrate Judge Michael H. Dolinger. (cd)
November 13, 2012 Minute Entry for proceedings held before Judge Katherine B. Forrest: Status Conference held on 11/13/2012. (jp)
November 8, 2012 Filing 20 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Barbara S. Jones is no longer assigned to the case. (pgu)
October 27, 2012 Filing 18 ANSWER to #17 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Kwo Shin Chang, Steven Wong. Document filed by Vinch C. Ly, Neo Sushi Studio Inc..(Chong, Michael)
October 26, 2012 Opinion or Order Filing 19 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Michael K. Chong dated 10/16/2012 re: defendants respectfully request an extension of time to file their response by 11/2/2012. ENDORSEMENT: Application Granted. So Ordered. Responses due by 11/2/2012 (Signed by Judge Barbara S. Jones on 10/26/2012) (lb)
October 9, 2012 Opinion or Order Filing 16 ORDER: 10/9/2012 Status Conference reset for Tuesday, 11/13/2012 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger, and as further set forth in this document. (Signed by Magistrate Judge Michael H. Dolinger on 10/9/2012) Copies Sent By Chambers. (cd)
October 5, 2012 Filing 17 AMENDED COMPLAINT amending #1 Complaint against Kwo Shin Chang, Vinch C. Ly, Neo Sushi Studio Inc., Steven Wong with JURY DEMAND.Document filed by Sunny Wu, Steven Wong, Michele Chan, Johnny Shih, Kwo Shin Chang, May Leng Chan. Related document: #1 Complaint filed by Johnny Shih, May Leng Chan, Sunny Wu, Michele Chan, Kwo Shin Chang, Steven Wong.(js)
October 5, 2012 Filing 15 FIRST MEMORANDUM OF LAW in Support re: #13 FIRST MOTION to Dismiss Counterclaims.. Document filed by Kwo Shin Chang, Steven Wong. (Fisher, Liane)
October 5, 2012 Filing 14 DECLARATION of Liane Fisher in Support re: #13 FIRST MOTION to Dismiss Counterclaims.. Document filed by Kwo Shin Chang, Steven Wong. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fisher, Liane)
October 5, 2012 Filing 13 FIRST MOTION to Dismiss Counterclaims. Document filed by Kwo Shin Chang, Steven Wong. Responses due by 10/19/2012(Fisher, Liane)
October 2, 2012 Opinion or Order Filing 12 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Michael K. Chong dated 10/2/2012 re: Counsel submit this correspondence to object to Plaintiffs' request to extend their time to amend their complaint as of right. Defendants respectfully submit that there is no basis to amend the complaint. Moreover, in addition to the above, as Plaintiffs are out of time to amend the complaint as a matter of right. it is respectfully submitted that any such proposed amendment to the complaint should be made by motion. ENDORSEMENT: See Sept. 19, 2012 endorsed Order. (Signed by Magistrate Judge Michael H. Dolinger on 10/2/2012) (jfe)
September 20, 2012 Filing 11 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Michael Taubenfeld, dated 9/19/2012, re: request that the Court extend Counterdefendants Kwo Shin Chang and Steven Wong's time to answer or otherwise respond to Defendants/Counterplaintiffs Neo Sushi Studio, Inc. and Vinch C. Ly's counterclaims and affirmative defenses from September 19, 2012 until October 5, 2012; and Plaintiff's deadline to amend their complaint as of right from September 19, 2012 until October 5, 2012. ENDORSEMENT: Application granted. Kwo Shin Chang answer due 10/5/2012; Steven Wong answer due 10/5/2012.( Amended Pleadings due by 10/5/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 9/19/2012) (ja)
September 5, 2012 Opinion or Order Filing 10 ORDER: It is hereby ORDERED that a conference has been scheduled in the above-captioned action on TUESDAY, OCTOBER 9, 2012, at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties., ( Status Conference set for 10/9/2012 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 9/5/2012) Copies Sent By Chambers. (lmb)
August 30, 2012 Filing 9 ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Kwo Shin Chang, Steven Wong. Document filed by Vinch C. Ly, Neo Sushi Studio Inc..(Chong, Michael)
August 30, 2012 Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Vinch C. Ly, Neo Sushi Studio Inc..(Chong, Michael)
August 24, 2012 Opinion or Order Filing 7 ORDER REFERRING CASE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Barbara S. Jones on 8/23/2012) (js)
August 15, 2012 Filing 6 NOTICE OF APPEARANCE by Michael Taubenfeld on behalf of May Leng Chan, Michele Chan, Kwo Shin Chang, Johnny Shih, Steven Wong, Sunny Wu (Taubenfeld, Michael)
July 25, 2012 Opinion or Order Filing 5 ORDER EXTENDING TIME TO ANSWER: IT IS HEREBY ORDERED, that the time for defendants to answer, move or otherwise respond with respect to the Complaint in the above matter is hereby extended through and including August 30, 2012.(Vinch C. Ly answer due 8/30/2012; Neo Sushi Studio Inc. answer due 8/30/2012). (Signed by Judge Barbara S. Jones on 7/24/2012) (djc)
July 9, 2012 Filing 4 NOTICE OF APPEARANCE by Michael K. Chong on behalf of Vinch C. Ly, Neo Sushi Studio Inc. (Chong, Michael)
June 29, 2012 Filing 3 SUMMONS RETURNED EXECUTED Summons and Complaint served. Vinch C. Ly served on 6/27/2012, answer due 7/18/2012. Service was accepted by Vinch C. Ly. Document filed by Sunny Wu; Steven Wong; Michele Chan; Johnny Shih; Kwo Shin Chang; May Leng Chan. (Fisher, Liane)
June 29, 2012 Filing 2 SUMMONS RETURNED EXECUTED Summons and Complaint served. Neo Sushi Studio Inc. served on 6/26/2012, answer due 7/17/2012. Service was accepted by Donna Christie. Document filed by Sunny Wu; Steven Wong; Michele Chan; Johnny Shih; Kwo Shin Chang; May Leng Chan. (Fisher, Liane)
June 8, 2012 Filing 1 COMPLAINT against Vinch C. Ly, Neo Sushi Studio Inc.. (Filing Fee $ 350.00, Receipt Number 1040526)Document filed by Sunny Wu, Steven Wong, Michele Chan, Johnny Shih, Kwo Shin Chang, May Leng Chan.(jfe)
June 8, 2012 SUMMONS ISSUED as to Vinch C. Ly, Neo Sushi Studio Inc.. (jfe)
June 8, 2012 Case Designated ECF. (jfe)
June 8, 2012 Magistrate Judge Michael H. Dolinger is so designated. (jfe)

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Search for this case: Chang et al v. Neo Sushi Studio Inc. et al
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Plaintiff: Kwo Shin Chang
Represented By: Michael K. Chong
Represented By: Liane Fisher
Represented By: Michael Taubenfeld
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Plaintiff: Steven Wong
Represented By: Michael K. Chong
Represented By: Liane Fisher
Represented By: Michael Taubenfeld
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Plaintiff: May Leng Chan
Represented By: Michael K. Chong
Represented By: Liane Fisher
Represented By: Michael Taubenfeld
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Plaintiff: Michele Chan
Represented By: Michael K. Chong
Represented By: Liane Fisher
Represented By: Michael Taubenfeld
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Plaintiff: Johnny Shih
Represented By: Michael K. Chong
Represented By: Liane Fisher
Represented By: Michael Taubenfeld
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Plaintiff: Sunny Wu
Represented By: Michael K. Chong
Represented By: Liane Fisher
Represented By: Michael Taubenfeld
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Petitioner: eSQ. MICHAEL K CHONG
Represented By: Michael K. Chong
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Defendant: Neo Sushi Studio Inc.
Represented By: Michael K. Chong
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Defendant: Vinch C. Ly
Represented By: Michael K. Chong
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