Li et al v. Ichiro Sushi, Inc. et al
| Ji Li, Jianhui Wu, Bin Zhang, De Ping Zhao and Kai Zhao |
| Ichiro Sushi, Inc., New Ichiro Sushi Inc., Ichiro Asian Fusion, Inc., Hiu Chen, Vincent Chan, Winson Chan, Joe Chow, Jame Wang, John Doe and Jane Doe |
| 1:2014cv10242 |
| December 31, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Alison J. Nathan |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
298
MEMORANDUM OPINION & ORDER: For the foregoing reasons, Defendants are awarded $48,058.00 in attorneys' fees and costs. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/16/2022) (va)
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Filing
291
ORDER. The Court finds that Plaintiffs' counsel's claim that he misread the Order is difficult to countenance. But the Court will nonetheless extend Plaintiffs' time to object to the amount requested by the Westchester Defendants to Au gust 12, 2020. No further requests will be granted, and failure to timely file an objection will result in the Court deeming Defendants' request unopposed. The Westchester Defendants shall file a reply on or before August 19, 2020. This resolves Dkt. No. 289. The Court will reserve judgment on the other issues discussed in the parties' letters. SO ORDERED. Granting 289 LETTER MOTION for Extension of Time to File addressed to Judge Alison J. Nathan from Aaron B. Schweitzer dated 7-30-2020. Document filed by Ji Li, Jianhui Wu, Bin Zhang, De Ping Zhao, Kai Zhao. (Signed by Judge Alison J. Nathan on 8/5/2020) (rjm)
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Filing
286
CLERK'S JUDGMENT re: 285 Findings of Fact & Conclusions of Law, Terminate Motions. in favor of Roberto Hidalgo against New Ichiro Sushi Inc. in the amount of $ 4,568.60. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reas ons stated in the Court's FINDINGS OF FACT & CONCLUSION OF LAW dated April 30, 2020, the Court concludes that New Ichiro Sushi and Juhang Wang are not liable, under a theory of successor liability, for any potential labor violations of Ichiro Su shi. Plaintiffs Kai Zhao and Jianhui Wu are not entitled to any payments from New Ichiro Sushi or Juhang Wang. Plaintiff Roberto Hidalgo is awarded $1,320.32 in overtime damages, $96 in spread of hours damages, $1,320.32 in liquidated damages, and $300 ($100 plus $200) in statutory damages. The Court awards prejudgment interest at the rate of nine percent (9%) per annum simple interest. The prejudgment interest should be calculated from September 27, 2014, in t he amount of $1,531.96 for a total sum of $4,568.60. The Court sanctions the Ji Li Plaintiffs counsel for continuing to press forward with claims against the Westchester Defendants after their counsel, Mr. Xue, made a Rule 50 motion, but it reserves judgment on the amount. (Signed by Clerk of Court Ruby Krajick on 05/04/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
285
FINDINGS OF FACT AND CONCLUSIONS OF LAW. For the reasons provided above, the Court concludes that New Ichiro Sushi and Juhang Wang are not liable, under a theory of successor liability, for any potential labor violations of Ichiro Sushi. Plaintiffs K ai Zhao and Jianhui Wu are not entitled to any payments from New Ichiro Sushi or Juhang Wang. Plaintiff Roberto Hidalgo is awarded $1,320.32 in overtime damages, $96 in spread of hours damages, $1,320.32 in liquidated damages, and 6;300 ($100 plus $200) in statutory damages. The Court awards prejudgment interest at the rate of nine percent (9%) per annum simple interest. The prejudgment interest should be calculated from September 27, 2014. The Court sanctions t he Ji Li Plaintiffs' counsel for continuing to press forward with claims against the Westchester Defendants after their counsel, Mr. Xue, made a Rule 50 motion, but it reserves judgment on the amount. The Ji Li Plaintiffs shall respond to the am ount the Westchester Defendants are seeking in sanctions within fourteen days. The Westchester Defendants may respond to the Ji Li Plaintiffs' submission seven days thereafter. The Clerk of Court is respectfully directed to enter judgment and cl ose these cases. SO ORDERED. Motions terminated: 258 FIRST MOTION for Attorney Fees. FIRST MOTION for Sanctions filed by Jian Ping Chen, Ichiro Asian Fusion, Inc. (Signed by Judge Alison J. Nathan on 4/30/2020) (rjm) Transmission to Orders and Judgments Clerk for processing.
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Filing
188
MEMORANDUM OPINION & ORDER re: 176 MOTION to Dismiss . filed by New Ichiro Sushi Inc., Juhang Wang. Accordingly, the Court denies Defendant's motion for summary judgment. This resolves Docket Number 176. Within fourteen days o f the issuance of this Order, the parties are directed to file a joint status letter and to propose dates for a status conference. The parties should consult Plaintiff in the related case, Hidalgo v. New Ichiro Sushi, Inc., No. 15-CV-414, regarding proposed dates, as Plaintiff in that case will also participate in the status conference. Counsel in this case are also ordered to meet and confer regarding settlement within fourteen days of this Order. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 9/7/2018) (cf)
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Filing
145
ORDER granting in part and denying in part 126 Motion for Sanctions; denying without prejudice to renewal 137 Motion to Withdraw as Attorney. For the foregoing reasons, the plaintiffs' motion for sanctions (Docket no. 126) is granted i n part and denied in part. David Yan's motion to be relieved as counsel (Docket no. 137) is denied without prejudice to renewal. Within fourteen days of the date of this Order, the plaintiffs shall submit an application, including attorney time records, outlining the expenses incurred because of Ichiro Sushi Inc.'s discovery failures. In addition, within fourteen days of the date of this Order, Mr. Yan shall file an application to be relieved as counsel that complies with Local Civil Rule 1.4. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 2/6/2017) Copies Transmitted this Date By Chambers. (anc)
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Filing
84
MEMORANDUM & ORDER denying 56 Motion to Dismiss; denying 57 Motion to Dismiss. For the foregoing reasons, Defendants' motion to dismiss is DENIED. Plaintiffs are ordered to effect service on Ichiro Sushi, Inc. and Hui Chen, and to file pr oof of service on the docket, within 30 days of the issuance of this Memorandum and Order. Once served, those defendants shall have 21 days to file an answer or otherwise respond to Plaintiffs' amended complaint. The remaining Defendants that have appeared are ordered to file an answer no later than 14 days from the issuance of this Memorandum and Order. Finally, an initial pretrial conference is hereby scheduled for May 6, 2016, at 2:00 p.m. That conference will include the parties i n this case and the parties in Hidalgo v. Ichiro Sushi, Inc., No. 15-CV-414, a related case in which the plaintiff has made similar allegations about the labor practices at Ichiro 2nd Avenue. This resolves Docket Nos. 56 and 57. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 3/29/2016) (cf)
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Filing
79
MEMORANDUM AND ORDER. For the foregoing reasons, the plaintiffs' motion (Docket No. 53) is granted in part, as set forth above, and the proposed notice and consent forms, as modified, shall be disseminated within thirty days of the date of this order. Within two weeks of the date of this order, the defendants shall produce the names, last known mailing addresses, last known telephone numbers, last known e-mail addresses, and dates of employment for all delivery persons employed by the defen dants at Ichiro 2nd Avenue between December 31, 2011, and the present. Within thirty days of the date of this order, the defendants shall post the notice form, as modified. So ordered. Granting in part 53 Motion to Certify Class. (Signed by Magistrate Judge James C. Francis on 11/5/2015) Copies Mailed By Chambers. (rjm)
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