Shen et al v. Number One Fresco Tortillas, Inc. et al
| Shen, Junmin Shen and Yuzhu Wang |
| John Doe Corporation, Dan Qing Liu, Jian Hui Chen, John Doe Corporation doing business as Fresco Tortillas, Danqing Liu, Dan Q. Liu, Jianhui Chen, Jian H. Chen, Su Jiang, Zheng Xiao, Gene Jones and Number One Fresco Tortillas, Inc. doing business as Fresco Tortillas |
| 1:2016cv02015 |
| March 17, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| George B Daniels |
| Robert W Lehrburger |
| Labor: Fair Standards |
| 29 U.S.C. § 216 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 3, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ABSTRACT OF JUDGMENT ISSUED on September 3, 2019, in favor of Junmin Shen against Number One Fresco Tortillas, Inc., Dan Qing Liu, Jian Hui Chen Su Jiang, Zheng Xiao and Gene Jones, in the amount of $96,943.28;in favor of Yuzhu Wang against Number One Fresco Tortillas, Inc., Dan Qing Liu, Jian Hui Chen Su Jiang, Zheng Xiao and Gene Jones, in the amount of $200,586.61; in favor of Junmin Shen and Yuzhu Wang against Number One Fresco Tortillas, Inc., Dan Qing Liu, Jian Hui Chen Su Jiang, Zheng Xiao and Gene Jones, in the amount of $68,574.94 for attorney fees and costs. Abstract of Judgment Mailed by the Clerk's Office to Troy Law, PLLC, September 3, 2019. (dt) .
|
|
Filing 93
PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Junmin Shen, Yuzhu Wang. Document Number of Related Judgment: #91 . (Troy, John) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ABSTRACT OF JUDGMENT: Notice to Attorney John Troy to RE-FILE Document No. #92 Proposed Abstract of Judgment. The filing is deficient for the following reason(s): the proposed abstract of judgment does not list the address(es) of the parities whom judgment has been obtained; Re-file the document using the event type Proposed Abstract of Judgment found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that lists the following - the correct name and address of the party(ies) the judgment is against, the correct name of the party (ies) the judgment is in favor of, the correct amount amount of the judgment, the name(s) and address(es) of the attorney(s) and the correct entry date of the judgment. (dt)
|
|
Filing 92
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-17499248. Abstract of Judgment to be Mailed by the Court. Document filed by Junmin Shen, Yuzhu Wang. Document Number of Related Judgment: #91 . (Troy, John) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/28/2019 (dt).
|
|
Filing 91
JUDGMENT: Accordingly, having reviewed Plaintiffs' statement of damages and interest and application for attorneys' fees and costs, and having considered the prior proceedings in this matter, the Court orders that Judgment be entered in favor of Plaintiffs and against Defendants as follows: 1. Plaintiff JUNMIN SHEN shall recover from Defendants jointly and severally $96,943.28. This consists of $90,385.73 in damages and $6,557.55 in prejudgment interest calculated at the statutory rate. 2. Plaintiff Yuzhu Wang shall recover from Defendants jointly and severally $200,586.61. This consists of $181,390.60 in damages and $19,196.01 in prejudgment interest calculated at the statutory rate. 3. Plaintiffs shall recover attorneys' fees and costs in the amount of $68,574.94. This consists of $65,224.50 in attorneys' fees and $3,350.44 in costs. The Clerk of Court is respectfully requested to close the case. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/19/2019) Copies Sent By Chambers. (mml)
|
|
Terminate Transcript Deadlines. (mml)
|
|
Filing 90
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Brian P. Fredericks dated 2/15/19 re: Opposition to Plaintiffs' application for attorneys' fees and statement of damages. Document filed by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc..(Fredericks, Brian)
|
|
Filing 89
STATEMENT OF DAMAGES. Document filed by Junmin Shen, Yuzhu Wang. (Attachments: #1 Exhibit Computation of Interest)(Troy, John)
|
|
Filing 88
ORDER: The deadline for submission of a joint statement of damages with interest, last due January 4, 2019 (after multiple extensions), has long passed without the requisite submission. Plaintiff's application for attorneys' fees was filed January 25, 2019, one week after the deadline for doing so. Defendants have filed no opposition. No later than February 8, 2019, Plaintiff shall file a statement of damages (with interest). Defendants shall file any response to that statement no later than February 15, 2019. Plaintiff's failure to submit the requisite statement of damages (with interest) will result in dismissal of the case. (Signed by Magistrate Judge Robert W. Lehrburger on 2/4/2019) (Lehrburger, Robert)
|
|
Filing 87
MEMORANDUM OF LAW in Opposition re: #85 MOTION for Attorney Fees . . Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 86
DECLARATION of John Troy in Support re: #85 MOTION for Attorney Fees .. Document filed by Junmin Shen, Yuzhu Wang. (Attachments: #1 Exhibit invoice)(Troy, John)
|
|
Filing 85
MOTION for Attorney Fees . Document filed by Junmin Shen, Yuzhu Wang.(Troy, John)
|
|
Filing 84
ORDER granting #83 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Brian P. Fredericks dated 12/17/18. Document filed by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc. Granted. So ordered. (Motions due by 1/18/2019). (Signed by Magistrate Judge Robert W. Lehrburger on 12/17/2018) (rjm)
|
|
Filing 83
FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Brian P. Fredericks dated 12/17/18. Document filed by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc..(Fredericks, Brian)
|
|
Set/Reset Deadlines: Responses due by 1/25/2019 (rjm)
|
|
Filing 82
DECISION AND ORDER: The Court finds that Plaintiffs are entitled to recover damages and attorneys' fees consistent with this Decision and Order. By December 21, 2018, the parties shall submit a joint statement as to the amount of damages and interest thereon, and Plaintiffs shall submit their application for reasonable attorneys' fees and costs with supporting documentation. The Court will then enter judgment in favor of Plaintiffs. (Signed by Magistrate Judge Robert W. Lehrburger on 11/26/2018) Copies Sent By Chambers. (mml)
|
|
Filing 81
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc..(Fredericks, Brian)
|
|
Filing 80
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 4/20/18 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)
|
|
Filing 79
TRANSCRIPT of Proceedings re: HEARING held on 4/20/2018 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Steven Griffing, (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 8/16/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/24/2018.(McGuirk, Kelly)
|
|
Filing 78
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 4/19/18 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)
|
|
Filing 77
TRANSCRIPT of Proceedings re: HEARING held on 4/19/2018 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Samuel Mauro, (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 8/16/2018. Redacted Transcript Deadline set for 8/27/2018. Release of Transcript Restriction set for 10/24/2018.(McGuirk, Kelly)
|
|
Filing 76
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Junmin Shen, Yuzhu Wang. (Attachments: #1 Exhibit Damage calculation for Plf Shen, #2 Exhibit Damage calculation for Plf Wang, #3 Exhibit Damage calculation summary)(Troy, John)
|
|
Filing 75
ORDER: The Court having received the trial transcript, Plaintiffs shall submit their proposed Findings of Fact and Conclusions of Law by July 18, 2018. Defendants shall submit their proposed Findings of Fact and Conclusions of Law by August 16, 2018. Both submissions shall be no longer than 25 pages each (exclusive of damages tables, charts and the like, which may be attached as appendices or submitted contemporaneously). The parties are not required to file the transcript on the public docket. (Signed by Magistrate Judge Robert W. Lehrburger on 6/20/2018) (Lehrburger, Robert)
|
|
Filing 74
LETTER addressed to Robert W. Lehrburger from John Troy dated May 6, 2018 re: Opposition to Exclusion of Delivery Tickets. Document filed by Junmin Shen, Yuzhu Wang.(Troy, John)
|
|
Filing 73
LETTER addressed to Robert W. Lehrburger from Brian P. Fredericks dated 4/30/18 re: Admission of Plaintiffs' Trial Exhibits. Document filed by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc.. (Attachments: #1 Exhibit A)(Fredericks, Brian)
|
|
Filing 72
ORDER: Pursuant to the proceeding on April 20, 2018, Plaintiffs counsel was instructed to inform the Court no later than April 23, 2018 whether they wished to conduct further cross-examination of Defendants witness Ms. Chen. Plaintiffs have not contacted the Court, and therefore no additional cross-examination will be permitted. (Signed by Magistrate Judge Robert W. Lehrburger on 4/25/2018) (Lehrburger, Robert)
|
|
Filing 71
STIPULATION TO MODIFY CAPTION/IDENTITY OF PARTIES: IT IS STIPULATED, by and between the undersigned, that the caption shall be amended to reflect the true names of "DAN QING LIU" as "DAN QING LIU a/k/a Danqing Liu a/k/a Dan Q. Liu" and "JIAN HUI CHEN" as "JIAN HUI CHEN a/k/a Jianhui Chen a/k/a Jian H. Chen." SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/24/2018) (mml)
|
|
Filing 70
ORDER: Pursuant to the proceeding's on April 20, 2018, four weeks after the trial transcript is filed, Plaintiffs shall submit their proposed Findings of Fact and Conclusions of Law, and four weeks after that date, Defendants shall submit their proposed Findings of Fact and Conclusions of Law. Both submissions shall be no longer than 25 pages each (exclusive of damages tables, charts and the like, which may be attached as appendices or submitted contemporaneously). Defendants shall submit a letter, no longer than five pages, regarding admission of Plaintiffs' proposed exhibits by April 30, 2018. Plaintiffs' response is due May 7, 2018 and shall be no longer than five pages. (Signed by Magistrate Judge Robert W. Lehrburger on 4/23/2018) (Lehrburger, Robert)
|
|
Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Bench Trial continued at 9:30 a.m. completed on 4/20/2018 at 5:30 p.m. (rsh)
|
|
Filing 69
NOTICE of Stipulation to Modify Caption/Identity of Parties. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Bench Trial begun and held on 4/19/2018 at 9:30 a.m. Court reporter Sam Mauro present and Mandarin interpreter present. (rsh).
|
|
Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Final Pretrial Conference held on 4/16/2018 at 2:30 p.m. Bench Trial scheduled for April 19 & 20 at 9:30 a.m. (rsh)
|
|
Filing 68
ORDER granting #67 Letter Motion to Adjourn Conference. Request granted on consent. 1. Trial on April 19-20, 2018, 10:00am. 2. Final pre-trial conference April 16, 2018 2:30pm. 3. NO FURTHER EXTENSIONS. SO ORDERED. Trial set for 4/19/2018 at 10:00 AM before Magistrate Judge Robert W. Lehrburger. Final Pretrial Conference set for 4/16/2018 at 02:30 PM before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 3/9/2018) (mml)
|
|
Filing 67
LETTER MOTION to Adjourn Conference Trial Date from March 13-14 to April 19-20 addressed to Magistrate Judge Robert W. Lehrburger from John Troy dated March 9, 2018. Document filed by Junmin Shen, Yuzhu Wang. (Attachments: #1 Exhibit Troy Law, PLLC schedule March 12 - March 15, 2018)(Troy, John)
|
|
Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Final Pretrial Conference held on 3/6/2018 at 10:15 a.m. (rsh)
|
|
NOTICE of Hearing: Telephone Conference set for 3/1/2018 at 3:00 PM before Magistrate Judge Robert W. Lehrburger. Parties shall jointly call the chambers conference line at (212) 805-0113.(rsh)
|
|
ORDER granting #66 Motion to Withdraw as Attorney. Attorney Kibum Byun terminated. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
|
|
Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference not held on 3/1/2018. (rsh)
|
|
Filing 66
MOTION for Kibum Byun to Withdraw as Attorney . Document filed by Junmin Shen, Yuzhu Wang.(Byun, Kibum)
|
|
Mediator Session Held on 1/25/2018 at 40 Foley Square.(mf)
|
|
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 1/25/2018, 1:00PM at the U.S. Courthouse located at 40 Foley Square, New York, NY 10007.(mf)
|
|
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/28/2017.(cda)
|
|
Filing 64
ORDER: As set forth in today's status conference, trial in this matter is scheduled for March 13, 2018, and a final pretrial conference is scheduled for March 6, 2018 at 10 a.m. Any amendments to the pretrial order must be filed by March 1, 2018. Prior to that time, the parties are directed to participate in the court-annexed mediation program with the goal of amicably resolving this matter. If the parties do not hear from the mediation program by the end of November 2017, they should contact the program at (212) 805-0643 to inquire about status. If the case settles, the parties must promptly notify the court. (Signed by Magistrate Judge Robert W. Lehrburger on 11/15/2017) (Lehrburger, Robert)
|
|
Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Status Conference held on 11/15/2017 at 2:00 p.m. (rsh)
|
|
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 11/27/2017. (Signed by Magistrate Judge Robert W. Lehrburger on 11/15/17) (rsh)
|
|
NOTICE and ORDER of Hearing: Final Pretrial Conference set for 3/6/2018 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburgers individual rules and practices. (rsh)
|
|
NOTICE of Hearing: Status Conference set for 11/15/2017 at 2:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. (rsh)
|
|
NOTICE OF CASE REASSIGNMENT to Magistrate Judge Robert W. Lehrburger. Magistrate Judge James C. Francis is no longer assigned to the case. (bcu) Modified on 11/7/2017 (gp).
|
|
Filing 63
ORDER granting #62 Letter Motion to Continue. The trial date is adjourned sine die. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
|
|
Filing 62
LETTER MOTION to Continue addressed to Magistrate Judge James C. Francis IV from Brian P. Fredericks dated 09/23/2017. Document filed by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc..(Fredericks, Brian)
|
|
Filing 61
JOINT PRETRIAL ORDER: The parties request a bench trial for this action. The parties anticipate 3-5 days as trial days. The parties request this action to be tried before a United States Magistrate Judge, and as further set forth in this order. (Signed by Magistrate Judge James C. Francis on 8/31/2017) (ap)
|
|
Filing 60
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc., Junmin Shen, Yuzhu Wang. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James C. Francis. (Signed by Judge George B. Daniels on 8/29/2017) (jwh)
|
|
Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 8/24/2017. (Bacchus, Michael)
|
|
Filing 59
JOINT PRELIMINARY TRIAL REPORT. Document filed by Junmin Shen, Yuzhu Wang.(Byun, Kibum)
|
|
Filing 58
ANSWER to #1 Complaint,,. Document filed by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc..(Fredericks, Brian)
|
|
Filing 57
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc..(Fredericks, Brian)
|
|
Filing 56
ORDER granting #55 Letter Motion for Extension of Time. Defendants shall file their answer by August 4, 2017, and the pretrial order shall be submitted by August 18, 2017. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
|
|
Filing 55
LETTER MOTION for Extension of Time to File Joint PreTrial Order addressed to Magistrate Judge James C. Francis IV from Plaintiffs dated 07/27/2017. Document filed by Junmin Shen, Yuzhu Wang.(Troy, John)
|
|
Filing 54
ORDER granting #53 Letter Motion for Extension of Time to Complete Discovery. All discovery shall be completed by July 3, 2017; the deadline for submitting the pretrial order or any dispositive motion is extended to July 31, 2017. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
|
|
Filing 53
SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Brian P. Fredericks dated 06/12/2017. Document filed by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc..(Fredericks, Brian)
|
|
Filing 52
ORDER granting #51 Letter Motion for Extension of Time to Complete Discovery. All discovery shall be completed by June 12, 2017. The deadline for submission of the pretrial order or any dispositive motion is extended to July 10, 2017. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
|
|
Filing 51
LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Brian P. Fredericks dated 04/26/2017. Document filed by Jian Hui Chen, Dan Qing Liu, Number One Fresco Tortillas, Inc..(Fredericks, Brian)
|
|
Filing 50
STIPULATION & ORDER TO MODIFY CAPTION/IDENTITY OF PARTIES: IT IS STIPULATED, by and between the undersigned, that the caption shall be amended to reflect the true name of "JOHN DOE CORPORATION d/b/a Fresco Tortillas" as "NUMBERONE FRESCO TORTILLAS, INC. d/b/a Fresco Tortillas" and the full name of "DAN Q LIU" as "DAN QING LIU." SO ORDERED. (Number One Fresco Tortillas, Inc. added. John Doe Corporation terminated.) (Signed by Magistrate Judge James C. Francis on 4/20/2017) (anc)
|
|
Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 4/19/2017. (Bacchus, Michael)
|
|
Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 3/24/2017. (Bacchus, Michael)
|
|
Filing 49
LETTER addressed to Magistrate Judge James C. Francis IV from Brian P. Fredericks dated 3/23/2017 re: Settlement Conference. Document filed by Jian Hui Chen, John Doe Corporation, Dan Q Liu.(Fredericks, Brian)
|
|
Filing 48
ORDER: A pretrial conference having been held on February 27, 2017, it is hereby ORDERED as follows: 1. A settlement conference will be held on March 24, 2017, at 11:00 a.m. in courtroom 18-A at 500 Pearl Street, New York, New York. 2. All discovery shall be completed by April 28, 2017. 3. The pretrial order shall be submitted by May 31, 2017, unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. 4. If all parties consent to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. 636 (c), the enclosed consent form should be executed and returned. ( Discovery due by 4/28/2017., Motions due by 5/31/2017., Pretrial Order due by 5/31/2017., Settlement Conference set for 3/24/2017 at 11:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 2/27/2017) Copies Sent by Chambers. (mro)
|
|
Minute Entry for proceedings held before Magistrate Judge James C. Francis: Initial Pretrial Conference held on 2/27/2017. (Bacchus, Michael)
|
|
Filing 47
ORDER denying as moot #38 Letter Motion for Conference. The issues raised appear to have been resolved. To the extent they have not, they may be raised at the pretrial conference that will be scheduled shortly. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
|
|
Filing 46
MEMORANDUM DECISION AND ORDER. Having found no clear error, Magistrate Judge Francis' Report and Recommendation is fully adopted. Defendant's motion for summary judgment is DENIED. Defendant's motion to dismiss pursuant to Rule 12(b)(6) is also DENIED. The Clerk of Court is directed to close the motions at ECF Nos. 28 and 33. So ordered. Re #45 Report and Recommendation, #33 Motion for Miscellaneous Relief filed by Junmin Shen, Yuzhu Wang, #28 Motion for Miscellaneous Relief filed by Junmin Shen, Yuzhu Wang. (Signed by Judge George B. Daniels on 1/11/2017) (rjm)
|
|
Filing 45
REPORT AND RECOMMENDATION. For the reasons discussed in this Report and Recommendation, I recommend that the defendants' motion (Docket no. 19) be denied. (Objections to R&R due by 12/27/2016). (Signed by Magistrate Judge James C. Francis on 12/13/2016) Copies transmitted this date. (rjm).
|
|
Filing 44
LETTER addressed to Magistrate Judge James C. Francis IV from Brian P. Fredericks dated 12/7/16 re: Amended Reply Exhibits. Document filed by Jian Hui Chen, John Doe Corporation, Dan Q Liu. (Attachments: #1 Exhibit B, #2 Exhibit C-1, #3 Exhibit C-2, #4 Exhibit C-3)(Fredericks, Brian)
|
|
Filing 43
LETTER addressed to Magistrate Judge James C. Francis IV from Brian P. Fredericks dated 10/27/16 re: Reply Papers. Document filed by Jian Hui Chen, John Doe Corporation, Dan Q Liu. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Fredericks, Brian)
|
|
Filing 42
LETTER addressed to Magistrate Judge James C. Francis IV from John Troy dated 10/20//2016 re: Discovery. Document filed by Junmin Shen, Yuzhu Wang.(Troy, John)
|
|
Filing 41
ORDER: By October 20, 2016, plaintiffs' counsel shall submit a letter advising the Court of the adequacy of defendants' discovery responses. By October 27, 2016, defendants shall submit a reply with respect to their motion to dismiss and/or for summary judgment. (Signed by Magistrate Judge James C. Francis on 10/6/2016) Copies Sent By Chambers. (cf) Modified on 10/26/2016 (cf).
|
|
***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #39 HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney John Troy : This is a Duplicate Document. Do Not Re-File. (lb)
|
|
Filing 40
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery (ECF No. 38 re: discovery requests not responded to by Defendants), non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) -Meet the FLSA $500,000 threshold. Referred to Magistrate Judge James C. Francis. Motions referred to James C. Francis. (Signed by Judge George B. Daniels on 9/19/2016) (tro)
|
|
Filing 39
FILING ERROR - DUPLICATED DOCKET ENTRY - LETTER MOTION for Local Rule 37.2 Conference addressed to Judge George B. Daniels from John Troy dated 09/19/2016. Document filed by Junmin Shen, Yuzhu Wang.(Troy, John) Modified on 9/20/2016 (lb).
|
|
Filing 38
FIRST LETTER MOTION for Conference regarding discovery addressed to Judge George B. Daniels from John Troy dated 09/16/2016. Document filed by Junmin Shen, Yuzhu Wang.(Troy, John)
|
|
Filing 37
AFFIDAVIT of Yuzhu Wang in Opposition re: #19 Letter. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 36
AFFIDAVIT of Junmin Shen in Opposition re: #19 Letter. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 35
MEMORANDUM OF LAW in Opposition re: #19 Letter Memorandum in Law in Opposition to Defendants' Motion to Dismiss. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 34
DECLARATION of John Troy in Opposition re: #19 Letter. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 33
MOTION Notice of Motion in Opposition to Defendants' Motion to Dismiss re: #19 Letter . Document filed by Junmin Shen, Yuzhu Wang.(Troy, John)
|
|
Filing 32
AFFIDAVIT of Yuzhu Wang in Opposition re: #19 Letter. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 31
AFFIDAVIT of Junmin Shen in Opposition re: #19 Letter. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 30
MEMORANDUM OF LAW in Opposition re: #19 Letter Memorandum in Law in Opposition to Defendants' Motion for Summary Judgment. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 29
DECLARATION of John Troy in Opposition re: #19 Letter. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 28
MOTION Notice of Motion in Opposition to Defendants' Motion for Summary Judgment re: #19 Letter . Document filed by Junmin Shen, Yuzhu Wang.(Troy, John)
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Troy to RE-FILE Document #24 Declaration in Opposition to Motion, #20 Declaration in Opposition to Motion. (1) Use the event type Miscellaneous Relief found under the event list Motions. (2) Opposing documents must be filed separately, each receiving their own document #. Use the Event - Declaration in Opposition (non-motion) under the Event Type - Other Answers, then link to #19 Letter. (db)
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Troy to RE-FILE Document #21 Memorandum of Law in Opposition to Motion, #25 Memorandum of Law in Opposition to Motion. Use the event type Memorandum in Opposition (non-motion) found under the event list Other Answers, then link to #19 Letter. (db)
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Troy to RE-FILE Document #26 Affidavit in Opposition to Motion, #23 Affidavit in Opposition to Motion, #27 Affidavit in Opposition to Motion, #22 Affidavit in Opposition to Motion. Use the event type Affidavit in Opposition (non-motion) found under the event list Other Answers, then link to #19 Letter. (db)
|
|
Filing 27
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Yuzhu Wang in Opposition re: #17 FIRST LETTER MOTION for Conference /Summary Judgment/Dismiss addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016.. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John) Modified on 7/28/2016 (db).
|
|
Filing 26
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Junmin Shen in Opposition re: #17 FIRST LETTER MOTION for Conference /Summary Judgment/Dismiss addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016.. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John) Modified on 7/28/2016 (db).
|
|
Filing 25
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Opposition re: #17 FIRST LETTER MOTION for Conference /Summary Judgment/Dismiss addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016. (Memorandum of Law in Opposition to Defendants' Motion to Dismiss). Document filed by Junmin Shen, Yuzhu Wang. (Troy, John) Modified on 7/28/2016 (db).
|
|
Filing 24
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of John Troy in Opposition re: #17 FIRST LETTER MOTION for Conference /Summary Judgment/Dismiss addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016.. Document filed by Junmin Shen, Yuzhu Wang. (Attachments: #1 Exhibit Declaration of John Troy in Opposition to Motion to Dismiss)(Troy, John) Modified on 7/28/2016 (db).
|
|
Filing 23
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Yuzhu Wang in Opposition re: #17 FIRST LETTER MOTION for Conference /Summary Judgment/Dismiss addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016.. Document filed by Yuzhu Wang. (Troy, John) Modified on 7/28/2016 (db).
|
|
Filing 22
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Junmin Shen in Opposition re: #17 FIRST LETTER MOTION for Conference /Summary Judgment/Dismiss addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016.. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John) Modified on 7/28/2016 (db).
|
|
Filing 21
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Opposition re: #17 FIRST LETTER MOTION for Conference /Summary Judgment/Dismiss addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016. (Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment). Document filed by Junmin Shen, Yuzhu Wang. (Troy, John) Modified on 7/28/2016 (db).
|
|
Filing 20
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of John Troy in Opposition re: #17 FIRST LETTER MOTION for Conference /Summary Judgment/Dismiss addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016.. Document filed by Junmin Shen, Yuzhu Wang. (Attachments: #1 Exhibit Declaration of John Troy in Opposition to Defendants' Motion for Summary Judgment)(Troy, John) Modified on 7/28/2016 (db).
|
|
Filing 19
FIRST LETTER addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016 re: Letter Motion. Document filed by Jian Hui Chen, John Doe Corporation, Dan Q Liu. (Attachments: #1 Exhibit)(Fredericks, Brian)
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Brian Patrick Fredericks to RE-FILE Document #17 FIRST LETTER MOTION for Conference /Summary Judgment/Dismiss addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016. Use the event type Letter found under the event list Other Documents. (db)
|
|
Filing 18
NOTICE of Stipulation to Modify Caption/ Identity of Parties re: #1 Complaint,,. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 17
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Conference /Summary Judgment/Dismiss addressed to Judge George B. Daniels from Brian P. Fredericks dated 07/15/2016. Document filed by Jian Hui Chen, John Doe Corporation, Dan Q Liu. (Attachments: #1 Exhibit)(Fredericks, Brian) Modified on 7/22/2016 (db).
|
|
Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 6/15/2016. Plaintiff Counsel: Kibum ByunDefense Counsel: Brian Patrick Fredericks and Court Reporter present. The subsequent conference is scheduled for September 21, 2016 at 10:00 a.m. (Vega, Elizabeth)
|
|
Filing 16
NOTICE OF APPEARANCE by Kibum Byun on behalf of Junmin Shen, Yuzhu Wang. (Byun, Kibum)
|
|
Filing 15
RULE 26 DISCLOSURE.Document filed by Junmin Shen, Yuzhu Wang.(Troy, John)
|
|
Filing 14
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Joint discovery Plan for IPTC on 06/15/2016 Document filed by Junmin Shen, Yuzhu Wang.(Troy, John)
|
|
Filing 13
NOTICE of Stipulation Extending time to answer or otherwise move. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 12
NOTICE OF APPEARANCE by Brian Patrick Fredericks on behalf of Jian Hui Chen, John Doe Corporation, Dan Q Liu. (Fredericks, Brian)
|
|
Filing 11
INITIAL PRETRIAL CONFERENCE: Counsel for all parties are hereby directed to attend a conference at the time and place fixed below, for the purpose of Case Management and scheduling pursuant to Fed. R. Civ. P. 16. An Initial pretrial conference will be held on Wednesday, June 15, 2016 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. SO ORDERED. Initial Conference set for 6/15/2016 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 3/30/2016) (ama)
|
|
Filing 10
REQUEST FOR WAIVER OF SERVICE sent to GENE JONES. Document filed by Junmin Shen, Yuzhu Wang. Request for Waiver Mailed on 3/28/2016. Waiver of Service due by 5/2/2016. (Troy, John)
|
|
Filing 9
REQUEST FOR WAIVER OF SERVICE sent to ZHENG XIAO. Document filed by Junmin Shen, Yuzhu Wang. Request for Waiver Mailed on 3/28/2016. Waiver of Service due by 5/2/2016. (Troy, John)
|
|
Filing 8
REQUEST FOR WAIVER OF SERVICE sent to SU JIANG. Document filed by Junmin Shen, Yuzhu Wang. Request for Waiver Mailed on 3/28/2016. Waiver of Service due by 5/2/2016. (Troy, John)
|
|
Filing 7
REQUEST FOR WAIVER OF SERVICE sent to JIAN HUI CHEN. Document filed by Junmin Shen, Yuzhu Wang. Request for Waiver Mailed on 3/28/2016. Waiver of Service due by 5/2/2016. (Troy, John)
|
|
Filing 6
REQUEST FOR WAIVER OF SERVICE sent to DAN Q LIU. Document filed by Junmin Shen, Yuzhu Wang. Request for Waiver Mailed on 3/28/2016. Waiver of Service due by 5/2/2016. (Troy, John)
|
|
Filing 5
REQUEST FOR WAIVER OF SERVICE sent to JOHN DOE CORPORATION d/b/a FRESCO TORTILLAS. Document filed by Junmin Shen, Yuzhu Wang. Request for Waiver Mailed on 3/28/2016. Waiver of Service due by 5/2/2016. (Troy, John)
|
|
NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Lewis A. Kaplan is no longer assigned to the case. (wb)
|
|
Filing 4
ELECTRONIC SUMMONS ISSUED as to Jian Hui Chen, Su Jiang, John Doe Corporation, Gene Jones, Dan Q Liu, Zheng Xiao. (pc) (Main Document 4 replaced on 3/25/2016) (pc).
|
|
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Troy. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:201. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:216(b). (pc)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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)
|
|
Magistrate Judge James C. Francis IV is so designated. (pc)
|
|
Case Designated ECF. (pc)
|
|
Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to JOHN DOE CORPORATION d/b/a FRESCO TORTILLAS; DAN Q LIU, JIAN HUI CHEN, SU JIANG, ZHENG XIAO, and GENE JONES, re: #1 Complaint,,. Document filed by Junmin Shen, Yuzhu Wang. (Troy, John)
|
|
Filing 2
CIVIL COVER SHEET filed. (Troy, John)
|
|
Filing 1
COMPLAINT against Jian Hui Chen, Su Jiang, John Doe Corporation, Gene Jones, Dan Q Liu, Zheng Xiao. (Filing Fee $ 400.00, Receipt Number 0208-12081717)Document filed by Yuzhu Wang, Junmin Shen. (Attachments: #1 Exhibit 1 Notice to Enforce Shareholder Liability for Services Rendered, #2 Exhibit 2 Notice to Inspect Share Records, #3 Exhibit 3 Consent to Sue Form, #4 Exhibit 4 Document Preservation Demand, #5 Exhibit 5 Notice of Lien and Assignment, #6 Exhibit 6 Consent to Become Plaintiff Junmin Shen, #7 Exhibit 7 Consent to Become Plaintiff Yuzhu Wang)(Troy, John)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
