Zhou et al v. Wu et al
| Zhongwei Zhou, Weizhen Song and Guangli Zhang |
| Dorothea Wu, Felix Wu, Albert Wu, China Fun Restaurants, China 1221, Inc. and XYZ Corporation |
| 1:2014cv01775 |
| March 14, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Richard J. Sullivan |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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| Document Text |
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Filing
35
OPINION AND ORDER re: 25 MOTION to Dismiss . filed by XYZ Corporation, China Fun Restaurants, Dorothea Wu, Albert Wu, China 1221, Inc., Felix Wu. For the reasons stated above, IT IS HEREBY ORDERED THAT Defendant China Fun 9;s motion to dismiss is GRANTED, and the Clerk of the Court is respectfully directed to dismiss China Fun from this action. IT IS FURTHER ORDERED THAT Defendant China Fun West's motion to dismiss for failure to allege an employer relationsh ip is DENIED. IT IS FURTHER ORDERED THAT Defendants' motion to dismiss claims brought by Plaintiffs Song and Zhang on statute oflimitations grounds is DENIED; however, discovery with respect to Song and Zhang will be limited to the issue of e quitable tolling. The Court will set a discovery schedule and will provide further guidance on the issue of equitable tolling at the conference scheduled for March 18, 2015 at 2:00 p.m. The Clerk of the Court is respectfully directed to terminate the motion located at docket number 25., China Fun Restaurants terminated. (Signed by Judge Richard J. Sullivan on 3/3/2015) (lmb) Modified on 3/4/2015 (lmb).
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