Li et al v. Kai Xiang Dong
| Changxing Li, Guomin Li, Jian Li, Yuxiang Wang and Min Zhang |
| Kai Xiang Dong, Jane Doe Boss, Iron Sushi Fusion Inc. doing business as Iron Sushi, XYZ Corporation doing business as Iron Sushi, Ling Lin, Iron Sushi Third Avenue, Inc. and Iron Sushi Love, Inc. |
| 1:2015cv07554 |
| September 24, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| George B Daniels |
| Andrew J Peck |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 56
DEFAULT JUDGMENT: That for the reasons stated in the Court"s Memorandum Decision and Order dated March 31, 2017, Magistrate Judge Pecks Report and Recommendation is adopted; the plaintiffs' motion for default judgment is granted; the Defendants are jointly and severally liable to Plaintiffs in the following amounts: $86,763.10 for Changxing Li (plus continuing prejudgment interest of $3.92 per day) from March 7, 2017 in the amount of $113.68 for the sum of $86,876.78; $100,203.32 for Guomin Li (plus continuing prejudgment interest of $.6.60 per day) from March 7, 2017 in the amount of $191.40 for the sum of $100,394.72; $37,607.89 for Jian Li (plus continuing prejudgment interest of $0.73 per day) in the amount of $21.17 for the sum of $37,629.06; $80,675.68 for Yuxiang Wang (plus continuing prejudgment interest of $2.74 per day) in the amount of 79.46 for the sum of $80,755.14; $48,055.17 for Min Zhang (plus continuing prejudgment interest of $0.73 per day) in the amount of $21.17 for a sum of $48,076.34; and $24,372.55 in attorneys' fees and costs;accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 03/31/2017) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
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Filing 55
MEMORANDUM DECISION AND ORDER for #54 Report and Recommendations, #51 Motion for Default Judgment, filed by Guomin Li, Yuxiang Wang, Min Zhang, Jian Li, Changxing Li: Magistrate Judge Peck's Report and Recommendation is adopted. The Plaintiffs' motion for default judgment is GRANTED. The Defendants are jointly and severally liable to Plaintiffs in the following amounts: $88,763.10 for Changxing Li (plus continuing prejudgment interest of $3.92 per day); $100,203.32 for Guomin Li (plus continuing prejudgment interest of $6.60 per day); $37,607.89 for Jian Li (plus continuing prejudgment interest of $0.73 per day); $80,675.68 for Yuxiang Wang (plus continuing prejudgment interest of$2.74 per day); $48,055.17 for Min Zhang (plus continuing prejudgment interest of $0.72 per day); and $24,372.55 in attorneys' fees and costs. The Clerk of Court is directed to close the motion at ECF No. 51 and this case. (Signed by Judge George B. Daniels on 3/31/2017) (jwh)
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Transmission to Judgments and Orders Clerk. Transmitted re: #55 Order Adopting Report and Recommendations to the Judgments and Orders Clerk. (jwh)
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Filing 54
REPORT & RECOMMENDATION re: #51 MOTION for Default Judgment as to Kai Xiang Dong, Ling Lin, Iron Sushi Third Avenue, Inc. d/b/a Iron Sushi, Iron Sushi Love, Inc. d/b/a Iron Sushi, Iron Sushi Fusion, Inc. d/b/a Iron Sushi filed by Guomin Li, Yuxiang Wang, Min Zhang, Jian Li, Changxing Li. For the reasons discussed above, the Court should grant plaintiffs' motion (Dkt. No. 51) and enter judgment for plaintiffs against defendants, jointly and severally, as set forth herein. Plaintiffs' counsel is to serve a copy of this Report and Recommendation on defendants and file proof of service on ECF. Objections to R&R due by 3/21/2017 (Signed by Magistrate Judge Andrew J. Peck on 3/7/2017) (mro)
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Filing 53
DECLARATION of David Yan in Support re: #51 MOTION for Default Judgment as to Kai Xiang Dong, Ling Lin, Iron Sushi Third Avenue, Inc. d/b/a Iron Sushi, Iron Sushi Love, Inc. d/b/a Iron Sushi, Iron Sushi Fusion, Inc. d/b/a Iron Sushi.. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Attachments: #1 Exhibit A, Complaint, #2 Exhibit B, Affidavits of Service on Defendants, #3 Exhibit C, First Amended Complaint, #4 Exhibit D, Affidavit of Service on Kai Xiang Dong and Ling Lin, #5 Exhibit E, Affidavit of Service on Iron Sushi Third Avenue Inc, Iron Sushi Love Inc, and Iron Sushi Fusion Inc., #6 Exhibit F, Clerk's Certificate of Default, #7 Exhibit G, Declaration of Changxing Li, #8 Exhibit H, Declaration of Guomin Li, #9 Exhibit I, Declaration of Jian Li, #10 Exhibit J, Declaration of Yuxiang Wang, #11 Exhibit K, Declaration of Min Zhang, #12 Exhibit L, Calculations Summary of of Damages, #13 Exhibit M, Attorney Time Billing Record, #14 Exhibit N, Costs and Expenses of Litigation, #15 Exhibit O, Proposed Order and Judgment)(Yan, David)
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Filing 52
MEMORANDUM OF LAW in Support re: #51 MOTION for Default Judgment as to Kai Xiang Dong, Ling Lin, Iron Sushi Third Avenue, Inc. d/b/a Iron Sushi, Iron Sushi Love, Inc. d/b/a Iron Sushi, Iron Sushi Fusion, Inc. d/b/a Iron Sushi. . Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Yan, David)
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Filing 51
MOTION for Default Judgment as to Kai Xiang Dong, Ling Lin, Iron Sushi Third Avenue, Inc. d/b/a Iron Sushi, Iron Sushi Love, Inc. d/b/a Iron Sushi, Iron Sushi Fusion, Inc. d/b/a Iron Sushi. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang.(Yan, David)
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Filing 50
CLERK'S CERTIFICATE OF DEFAULT as to Kai Xiang Dong, Ling Lin, Iron Sushi Third Avenue, Inc. d/b/a Iron Sushi, Iron Sushi Love, Inc. d/b/a Iron Sushi, Iron Sushi Fusion, Inc. d/b/a Iron Sushi. (km)
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Filing 49
AFFIRMATION of David Yan in Support. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Yan, David)
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Filing 48
REQUEST TO ENTER DEFAULT against Kai Xiang Dong, Ling Lin, Iron Sushi Third Avenue, Inc. d/b/a Iron Sushi, Iron Sushi Love, Inc. d/b/a Iron Sushi, and Iron Sushi Fusion, Inc. d/b/a Iron Sushi . Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Attachments: #1 Text of Proposed Order Clerk's Certificate of Default)(Yan, David)
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Filing 47
REQUEST TO ENTER DEFAULT against Kai Xiang Dong, Ling Lin, Iron Sushi Third Avenue, Inc. d/b/a Iron Sushi, Iron Sushi Love, Inc. d/b/a Iron Sushi, Iron Sushi Fusion, Inc. d/b/a Iron Sushi . Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Attachments: #1 Affidavit In Support of Entry of Default, #2 Text of Proposed Order Proposed Clerk's Certificate of Default)(Yan, David)
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Filing 46
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Service was accepted by Sue Zouky. Document filed by Min Zhang, Jian Li, Guomin Li, Changxing Li, Yuxiang Wang. (Yan, David)
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Filing 45
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was accepted by Sue Zouky. Document filed by Min Zhang, Jian Li, Guomin Li, Changxing Li, Yuxiang Wang. (Yan, David)
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Filing 44
ORDER granting #43 Letter Motion for Extension of Time to File. Approved. (Signed by Magistrate Judge Andrew J. Peck on 12/7/2016) (kgo)
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Filing 43
LETTER MOTION for Extension of Time to File Plaintiffs' Inquest Papers addressed to Magistrate Judge Andrew J. Peck from David Yan dated 12/6/2016. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang.(Yan, David)
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Filing 42
MEMO ENDORSEMENT on re: #41 Request to Enter Default, filed by Guomin Li, Yuxiang Wang, Min Zhang, Jian Li, Changxing Li. ENDORSEMENT: Plaintiff's inquest papers due 12/7/16. Defendant's opposition papers due 12/21/16. (Responses due by 12/21/2016) (Signed by Magistrate Judge Andrew J. Peck on 11/18/2016) (cla)
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Filing 41
REQUEST TO ENTER DEFAULT against KAI XIANG DONG, LING LIN, IRON SUSHI THIRD AVENUE, INC. d/b/a IRON SUSHI, IRON SUSHI LOVE, INC. D/B/A IRON SUSHI, IRON SUSHI FUSION, INC. d/b/a IRON SUSHI, . Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Attachments: #1 Affidavit Affirmation in Support of Plaintiffs' Request for Entry of Default, #2 Text of Proposed Order Clerk's Certificate of Default)(Yan, David)
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Filing 40
ORDER: If defendants have not responded to the Amended Complaint by that time, plaintiffs are to move for a default judgment by November 29, 2016. (Motions due by 11/29/2016.) (Signed by Magistrate Judge Andrew J. Peck on 11/15/2016) (cla)
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Filing 39
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Service was accepted by Kai Xiang Dong on behalf of himself and Ling Lin, on Sue Zouky (an authorized agent in the Office of the Secretary of State of New York for Iron Sushi Third Avenue Inc., Iron Sushi Love Inc., and Iron Sushi Fusion Inc.),. Service was made by Mail to Ling Lin. Document filed by Min Zhang, Jian Li, Guomin Li, Changxing Li, Yuxiang Wang. (Yan, David)
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Filing 38
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Kai Xiang Dong served on 8/31/2016, answer due 9/21/2016; Iron Sushi Fusion Inc. served on 9/12/2016, answer due 10/3/2016; Iron Sushi Love, Inc. served on 9/12/2016, answer due 10/3/2016; Iron Sushi Third Avenue, Inc. served on 9/12/2016, answer due 10/3/2016; Ling Lin served on 8/31/2016, answer due 9/21/2016. Service was accepted by Kai Xiang Dong on behalf of himself and Ling Lin, Sue Zouky (an authorized agent in the Office of the Secretary of State of New York on behalf of Iron Sushi Third Avenue Inc., Iron Sushi Love Inc., and Iron Sushi Fusion Inc.. Service was made by Mail to Ling Lin. Document filed by Min Zhang; Jian Li; Guomin Li; Changxing Li; Yuxiang Wang. (Yan, David)
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Filing 37
ELECTRONIC AMENDED SUMMONS ISSUED as to Iron Sushi Fusion Inc.. (dgo)
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Filing 36
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Iron Sushi Fusion, Inc. d/b/a Iron Sushi, re: #29 Amended Complaint,. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Yan, David)
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Filing 35
ELECTRONIC SUMMONS ISSUED as to Iron Sushi Love, Inc., Iron Sushi Third Avenue, Inc., Ling Lin. (pc)
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Filing 34
ELECTRONIC AMENDED SUMMONS ISSUED as to Kai Xiang Dong. (pc)
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Filing 33
REQUEST FOR ISSUANCE OF SUMMONS as to Ling Lin, Iron Sushi Third Avenue, Inc. d/b/a Iron Sushi, and Iron Sushi Love, Inc. d/b/a Iron Sushi, re: #29 Amended Complaint,. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Yan, David)
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Filing 32
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Kai Xiang Dong, re: #29 Amended Complaint,. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Yan, David)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #31 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): Amended summons can only be issued to parties that were previously issued. Kai Xiang Dong, Iron Sushi Fusion Inc. are the only parties that can be issued an amended summons. Please include the word "Amended" in front of summons in a civil action. The remaining parties can only be issued a standard summons. (pc)
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Filing 31
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Kai Xiang Dong, Ling Lin, Iron Sushi Third Avenue, Inc. d/b/a Iron Sushi, Iron Sushi Love, Inc. d/b/a Iron Sushi, and Iron Sushi Fusion, Inc. d/b/a Iron Sushi, re: #29 Amended Complaint,. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Yan, David) Modified on 8/22/2016 (pc).
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Filing 30
CIVIL COVER SHEET filed. (Yan, David)
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Filing 29
AMENDED COMPLAINT amending #1 Complaint, against Kai Xiang Dong, Iron Sushi Fusion Inc., Ling Lin, Iron Sushi Third Avenue, Inc., Iron Sushi Love, Inc. with JURY DEMAND.Document filed by Min Zhang, Jian Li, Guomin Li, Changxing Li, Yuxiang Wang. Related document: #1 Complaint, filed by Guomin Li, Yuxiang Wang, Jian Li, Changxing Li.(Yan, David)
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Filing 28
ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from David Yan dated 8/11/2016 re: Permission to waive the requirement to submit the courtesy copies in connection with the current motion, Dkts. 21, 22, and 23, withdrawing #21 Motion for Default Judgment. ENDORSEMENT: Approved. The Court deems the current motions (Dkt. Nos. 18 & 21) as withdrawn without prejudice. (the Clerk of Court shall mark off the motions). (Signed by Magistrate Judge Andrew J. Peck on 8/11/2016) (tn)
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Filing 27
ORDER granting #26 Letter Motion for Leave to File Document: 1. Permission granted to file Amended Complaint, by 8/19/16. 2. However, you will need to serve the Amended Complaint on all named defendants, including the defaulted defendants. If you can't do that, those defendants may have to be dismissed. I suggest you research this. (Signed by Magistrate Judge Andrew J. Peck on 8/11/2016) (tn)
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Set/Reset Deadlines: Amended Pleadings due by 8/19/2016. (tn)
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Filing 26
LETTER MOTION for Leave to File Amended Complant and to hold the Plaintiffs' motion for a default judgment in abeyance until the newly substituted defendants' time to answer or otherwise to move expires addressed to Magistrate Judge Andrew J. Peck from David Yan dated 8/10/2016. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang.(Yan, David)
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Filing 25
ORDER: Judge Daniels has referred plaintiff's motion for a default judgment to me for a Report & Recommendation. The Court will hold an inquest, on papers. 1. Plaintiffs seek default judgment damages from two fictitious defendants. Plaintiffs should dismiss "Jane Doe Boss" and "XYZ Corporation", or explain to the Court how a default judgment can be entered against fictitious entities. Moreover, it appears that the Iron Sushi Fusion restaurant is out of business. Plaintiffs are to provide information about when the restaurant closed (relative to service of process) -- and should consider whether it pays to pursue the default judgment in light of that. 2. To recover for bicycle - related costs, plaintiffs must provide invoices or other proof of such purchases. 3. If plaintiffs wish to provide any additional papers in support of inquest damages, they should file same by August 16, 2016. 4. Plaintiffs are to serve this Order, and all plaintiffs' default judgment papers, on defendants Dong and Iron Sushi, and file proof of service via ECF. Plaintiffs are to provide courtesy copies of all their submissions to my chambers. 5. If defendants Dong and Iron Sushi wish to oppose plaintiffs' inquest damages request, they must do so by August 30, 2016. (Signed by Magistrate Judge Andrew J. Peck on 8/9/2016) (kko)
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Filing 24
ORDER: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Andrew J. Peck. SO ORDERED. Motions referred to Andrew J. Peck. (Signed by Judge George B. Daniels on 8/08/2016) (ama)
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Filing 23
MEMORANDUM OF LAW in Support re: #21 MOTION for Default Judgment as to Defendants, KAI XIANG DONG, JANE DOE BOSS, IRON SUSHI FUSION, INC. d/b/a IRON SUSHI, and XYZ CORPORATION WHOSE NAME IS UNKNOWN AT THIS TIME d/b/a IRON SUSHI. . Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Yan, David)
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Filing 22
DECLARATION of David Yan in Support re: #21 MOTION for Default Judgment as to Defendants, KAI XIANG DONG, JANE DOE BOSS, IRON SUSHI FUSION, INC. d/b/a IRON SUSHI, and XYZ CORPORATION WHOSE NAME IS UNKNOWN AT THIS TIME d/b/a IRON SUSHI.. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Attachments: #1 Exhibit A, Complaint, #2 Exhibit B, Affidavit of Services, #3 Exhibit C, Clerk's Certificate of Default, #4 Exhibit D, Plaintiff Changxing Li's Declaration, #5 Exhibit E, Plaintiff Guomin Li's Declaration, #6 Exhibit F, Plaintiff Jian LI's Declaration, #7 Exhibit G, Plaintiff Yuxiang Wang's Declaration, #8 Exhibit H, Plaintiff Min Zhang's Declaration, #9 Exhibit I, Plaintiffs' Damages Calculations, #10 Exhibit J, Attorney's Contemporaneous Time Records for Fees and Costs, #11 Exhibit K, Proposed Default Judgment)(Yan, David)
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Filing 21
MOTION for Default Judgment as to Defendants, KAI XIANG DONG, JANE DOE BOSS, IRON SUSHI FUSION, INC. d/b/a IRON SUSHI, and XYZ CORPORATION WHOSE NAME IS UNKNOWN AT THIS TIME d/b/a IRON SUSHI. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang.(Yan, David)
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Filing 20
ENDORSED LETTER addressed to Judge George B. Daniels from David Yan dated 8/1/2016 re: I request this Court to extend the due day of moving for a default judgment for a week until Saturday, August 6, 2016, and as further specified in this letter. ENDORSEMENT: So ordered. (Motions due by 8/6/2016.) (Signed by Judge George B. Daniels on 8/2/2016) (rjm)
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Filing 19
DECLARATION of David Yan in Support re: #18 MOTION for Default Judgment as to Kai Xiang Dong, Jane Doe Boss, Iron Sushi Fusion, Inc. d/b/a Iron Sushi, and XYZ Corporation Whose Name Is Unknown At This Time d/b/a Iron Sushi.. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Attachments: #1 Exhibit A, Complaint, #2 Exhibit B, Affidavits of Services, #3 Exhibit C, Clerk's Certificate of Default, #4 Exhibit D, Declaration of Changxing Li, #5 Exhibit E, Declaration of Guomin Li, #6 Exhibit F, Declaration of Jian Li, #7 Exhibit G, Declaration of Yuxiang Wang, #8 Exhibit H, Declaration of Min Zhang, #9 Exhibit I, Damages Calculations, #10 Exhibit J, Attorney's Comtemporaneous Time Records)(Yan, David)
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Filing 18
MOTION for Default Judgment as to Kai Xiang Dong, Jane Doe Boss, Iron Sushi Fusion, Inc. d/b/a Iron Sushi, and XYZ Corporation Whose Name Is Unknown At This Time d/b/a Iron Sushi. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang.(Yan, David)
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Filing 17
CLERK'S CERTIFICATE OF DEFAULT as to Kai Xiang Dong, Jane Doe Boss, Iron Sushi Fusion Inc. d/b/a Iron Sushi, and XYZ Corporation d/b/a Iron Sushi. (jk)
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Filing 16
AFFIRMATION of David Yan in Support re: #15 Request to Enter Default,. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Yan, David)
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Filing 15
REQUEST TO ENTER DEFAULT against KAI XIANG DONG, JANE DOE BOSS, IRON SUSHI FUSION, INC. d/b/a IRON SUSHI, and XYZ CORPORATION d/b/a IRON SUSHI . Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Attachments: #1 Exhibit A, Clerk's Certificate of Default)(Yan, David)
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Filing 14
AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by Nancy Dougherty, authorized agent in the Office of the Secretary of State, of the State of New York. Document filed by Min Zhang, Jian Li, Guomin Li, Changxing Li, Yuxiang Wang. (Yan, David)
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Filing 13
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Iron Sushi Fusion Inc. served on 3/8/2016, answer due 3/29/2016. Service was accepted by Nancy Dougherty, Authorized Agent in the Office of the Secretary of State, of the State of New York. Document filed by Min Zhang; Jian Li; Guomin Li; Changxing Li; Yuxiang Wang., AFFIDAVIT OF SERVICE of Summons and Complaint,. Iron Sushi Fusion Inc. served on 3/8/2016, answer due 3/29/2016. Service was accepted by Nancy Dougherty, Authorized Agent in the Office of the Secretary of State, of the State of New York. Document filed by Min Zhang; Jian Li; Guomin Li; Changxing Li; Yuxiang Wang. (Yan, David)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by Angela Lin, Cashier. Service was made by Mail. Document filed by Min Zhang, Jian Li, Guomin Li, Changxing Li, Yuxiang Wang. (Yan, David)
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Filing 11
ORDER. The conference scheduled for Tuesday, March 1, 2016 is adjourned to Tuesday, April 5, 2016 at 9:45 AM. So ordered. (Initial Conference set for 4/5/2016 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 2/24/2016) (rjm)
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter re: adjourning the initial pretrial conference filed by Guomin Li, Yuxiang Wang, Min Zhang, Jian Li, Changxing Li. ENDORSEMENT: The conference is adjourned to March 1, 2016 at 9:30 a.m. ( Initial Conference set for 3/1/2016 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/4/2016) (cdo)
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Filing 9
LETTER addressed to Judge George B. Daniels from David Yan dated 12/30/2015 re: Adjourn 1/5/2016 Initial Pretrial Conference sine die. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang.(Yan, David)
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Filing 8
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Kai Xiang Dong served on 9/29/2015, answer due 10/20/2015; XYZ Corporation served on 9/29/2015, answer due 10/20/2015; Iron Sushi Fusion Inc. served on 9/29/2015, answer due 10/20/2015; Jane Doe Boss served on 9/29/2015, answer due 10/20/2015. Service was accepted by Angela Lin, Cashier. Service was made by Mail. Document filed by Min Zhang; Jian Li; Guomin Li; Changxing Li; Yuxiang Wang., AFFIDAVIT OF SERVICE of Summons and Complaint,. Kai Xiang Dong served on 9/29/2015, answer due 10/20/2015; XYZ Corporation served on 9/29/2015, answer due 10/20/2015; Iron Sushi Fusion Inc. served on 9/29/2015, answer due 10/20/2015; Jane Doe Boss served on 9/29/2015, answer due 10/20/2015. Service was accepted by Angela Lin, Cashier. Service was made by Mail. Document filed by Min Zhang; Jian Li; Guomin Li; Changxing Li; Yuxiang Wang. (Yan, David)
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Filing 7
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/5/2016 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (As further set forth in this Order.) (Signed by Judge George B. Daniels on 10/1/2015) (kko)
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Filing 6
CIVIL COVER SHEET filed. (Yan, David)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Kai Xiang Dong, Iron Sushi Fusion Inc., Jane Doe Boss, XYZ Corporation. (pc)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to KAI XIANG DONG, JANE DOE BOSS, IRON SUSHI FUSION, INC. d/b/a IRON SUSHI, and XYZ CORPORATION d/b/a IRON SUSHI, re: #1 Complaint,. Document filed by Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, Min Zhang. (Yan, David)
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Filing 3
FILING ERROR PDF ERROR CIVIL COVER SHEET filed. (Yan, David) Modified on 9/29/2015 (pc).
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***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney David Yan. The following party/parties has been removed from this case: Min Zhang. The party was added to the case in error. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Yan. The party information for the following party/parties has been modified: Jane Doe Boss, Kai Xiang Dong, Iron Sushi Fusion Inc, Changxing Li, Guomin Li, Jian Li, Yuxiang Wang, XYZ Corporation and Min Zhang. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered with quotation marks; party role was entered incorrectly; party text was omitted. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Yan to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet does not have a second page. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated April 2014. The S.D.N.Y. Civil Cover Sheet dated April 2014 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc)
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***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Yan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:2(a). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:201. (pc)
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Case Designated ECF. (pc)
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Magistrate Judge Andrew J. Peck is so designated. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
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Filing 2
FILING ERROR - PDF ERROR CIVIL COVER SHEET filed. (Yan, David) Modified on 9/25/2015 (pc).
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Filing 1
COMPLAINT against Kaixiang Dong, "Jane Doe Boss", Iron Sushi Fusion, Inc. d/b/a Iron Sushi, XYZ Corporation whose name is unknown at this time d/b/a Iron Sushi. (Filing Fee $ 400.00, Receipt Number 0208-11428435)Document filed by Yuxiang Wang, Changxing Li, Jian Li, Guomin Li, Min Zhang.(Yan, David)
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