Chong et al v. Golden 88 Spoon Inc. et al
Plaintiff: Shek Mooi Chong
Defendant: Golden 88 Spoon Inc., TJ Prime Inc., Yin Zheng, Xueqin Zheng, Terry Zheng, Bi Chen, Xingju Zheng and John Doe and Jane Doe #1-10
Case Number: 1:2016cv05591
Filed: July 13, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Albany
Presiding Judge: Andrew L. Carter
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 20, 2023 Opinion or Order Filing 136 DEFAULT JUDGMENT: Accordingly, it is hereby ORDERED, ADJUDGED and DECREED as follows: 1. That Defendants shall be liable to Plaintiff, jointly and severally, in the amount of $158,137.27 with interest at 9% from July 13, 2016 up to t he date of judgment; statutory damages in the amount of $10,000; liquidated damages in the amount of $61,054.08, reasonable attorney's fees in the amount of $35,579.80; plus costs and disbursements of this action in the amount of $1,824.80. Case Stay Lifted. (Signed by Judge Andrew L. Carter, Jr on 9/20/2023) (ate)
August 2, 2023 Opinion or Order Filing 134 DEFAULT JUDGMENT: Accordingly, having considered the Declaration of Ge Qu dated and filed September 7, 2022, (ECF No. 127), the Memorandum of Law in Support of the Motion for Default Judgment, (ECF No. 128), as well as the Summons and Co mplaint previously filed in this action, and Affidavit of Service thereof, it is hereby ORDERED that judgment be entered in Plaintiffs' favor against Defaulting Defendants on all counts of Plaintiff's Complaint as to liability only. (Signed by Judge Andrew L. Carter, Jr on 8/2/2023) (ate)
August 17, 2022 Opinion or Order Filing 121 ORDER: For the reasons stated on the record at today's hearing in the Court's findings of fact and conclusions of law, Plaintiff has failed to establish the liability of Defendants Xueqin Zheng, Bi Chen, and Xingju Zheng. Defendants Xueqi n Zheng, Bi Chen, and Xingju Zheng are hereby dismissed. Additionally, for the reasons stated on the record at todays hearing, Plaintiff shall file a motion for default judgment against Defendants Yin "Terry" Zheng, Golden 88 Spoon Inc. and Tj Prime Inc. by September 7, 2022 and serve the motion and papers upon Defendants Yin "Terry" Zheng, Golden 88 Spoon Inc. and Tj Prime Inc. Plaintiff's motion shall be supported by sufficient evidence to determine damages. Defendants Yin "Terry" Zheng, Golden 88 Spoon Inc., and Tj Prime Inc. shall have until September 14, 2022 to appear and oppose the motion. Failure to do so will result in a grant of the default judgment motion. Plaintiffs are directed to serve the un represented defendants with a copy of this Order and a translation of this Order, by means reasonably calculated to reach them. Plaintiff shall file proof of service of by August 18, 2022. The Clerk of Court is respectfully requested to (1) enter def ault against Defendants Yin "Terry" Zheng, Golden 88 Spoon Inc, and Tj Prime Inc. pursuant to Federal Rule of Civil Procedure 55(a), and (2) terminate Defendants Xueqin Zheng, Bi Chen, and Xingju Zheng. SO ORDERED. Xueqin Zheng (indivi dual defendant), Bi Chen (individual defendant) and Xingju Zheng (individual defendant) terminated., ( Motions due by 9/7/2022., Responses due by 9/14/2022) (Signed by Judge Andrew L. Carter, Jr on 8/17/2022) (kv) Transmission to Orders and Judgments Clerk for processing.
August 5, 2022 Opinion or Order Filing 120 ORDER: The telephone conference scheduled for August 17, 2022 at 12:00 p.m. will instead take place on August 17, 2022 at 3:00 p.m. All parties shall attend and contact the court at 1-888-363-4749 (Access Code: 3768660). ( Telephone Conference set for 8/17/2022 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 8/5/2022) (ate)
August 2, 2022 Opinion or Order Filing 119 ORDER: The Court will hold a telephone conference in this case on August 17, 2022 at 12:00 p.m. All parties shall attend and contact the court at 1-888-363-4749 (Access Code: 3768660). Members of the public and the press may use the same dial-in information. ( Telephone Conference set for 8/17/2022 at 12:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 8/2/2022) (ate)
May 17, 2022 Opinion or Order Filing 115 ORDER: To bring final resolution to this longstanding matter, the Court will take the testimony and evidence presented by the Parties at trial under consideration and enter findings of fact and conclusions of law. Plaintiffs are directed to serve the unrepresented defendants, forthwith, with a copy of this Order and a translation of this Order, by means reasonably calculated to reach them, and to file proof of service. (Signed by Judge Andrew L. Carter, Jr on 5/17/2022) (ate)
April 11, 2022 Opinion or Order Filing 113 ORDER: The order dated April 6, 2021, ECF No. 112, is hereby VACATED. Due to a clerical error, that order listed Defendant Xinju Zheng as lacking counsel. The parties should instead refer to the instant order. The Court is in receipt of the stipul ation of voluntary dismissal as to Defendant Xueqin Zheng's claims. No later than April 13, 2022, the Parties shall file a letter explaining whether this dismissal in this FLSA action is subject to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and, if so, the Parties shall file the requisite fairness letter. Further, it appears that Defendant Yin/Terry Zheng is proceeding pro se. Defendant Yin/Terry Zheng has failed to provide his mailing address, telephone numbe r, and email address. Accordingly, Defendant Yin/Terry Zheng shall do so no later than April 13, 2022. Corporate Defendants, Xueqin Zheng, and Bi Chen have neither retained counsel nor notified the Court that they will represent themselves. Accor dingly, Plaintiff shall inform the Court by April 13, 2022 whether she shall move for default judgment as to those Defendants or dismiss those Defendants. Plaintiff is directed to send this order to pro se defendant Yin/Terry Zheng at zhengyin333@gmail.com, the email address provided by his former counsel Zhou Wang. See ECF No. 107. Plaintiff shall file proof of service by April 7, 2022. (Signed by Judge Andrew L. Carter, Jr on 4/11/2022) (rro)
April 6, 2022 Opinion or Order Filing 112 ORDER: Further, it appears that Defendant Yin/Terry Zheng is proceeding pro se. Defendant Yin/Terry Zheng has failed to provide his mailing address, telephone number, and email address. Accordingly, Defendant Yin/Terry Zheng shall do so no late r than April 13, 2022. Corporate Defendants, Xinju Zheng, and Bi Chen have neither retained counsel nor notified the Court that they will represent themselves. Accordingly, Plaintiff shall inform the Court by April 13, 2022 whether she shall move for default judgment as to those Defendants or dismiss those Defendants. (Signed by Judge Andrew L. Carter, Jr on 4/6/2022) (ate)
January 7, 2022 Opinion or Order Filing 104 ORDER: No later than January 11, 2022, defense counsel shall (1) serve his motion to withdraw upon the corporate defendants at their last known address and file proof of service, and (2) serve the individual defendants by traditional methods of servi ce and file proof of service, or, alternatively, show cause why service by traditional means is impractical and why the Court should find that defense counsel properly served the individual defendants by WeChat. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/07/2022) (ama)
December 10, 2021 Opinion or Order Filing 101 ORDER: The parties are again ordered to meet and confer and submit a joint status letter no later than Wednesday, December 15, 2021. The letter shall clearly state (1) the alleged conflict of interest regarding defense counsel, (2)the claims a nd issues that remain pending and were not resolved by Plaintiffs summary judgment motion, and (3) proposed next steps. The Court will hold a telephonic status conference on Friday, December 17, 2021 at 12:00 p.m. All parties shall appear and contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 12/17/2021 at 12:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 12/10/2021) (ate)
December 1, 2021 Opinion or Order Filing 98 ORDER: As ordered at today's conference, the parties shall meet and confer on Friday, December 3, 2021 at 2:00 p.m. and submit a joint status report by Tuesday, December 7, 2021. (Signed by Judge Andrew L. Carter, Jr on 12/1/2021) (ate)
October 20, 2021 Opinion or Order Filing 92 ORDER: On July 7, 2021, Plaintiff filed a letter requesting a pre-motion conference regarding a motion to preclude testimony from Defendant Yin Zheng and Corporate Defendants and a motion for a directed verdict. ECF No. 91. To date, Defendants have not responded. Accordingly, Defendants are hereby ordered to respond by October 29, 2021. (Signed by Judge Andrew L. Carter, Jr on 10/20/2021) (ate)
June 4, 2021 Opinion or Order Filing 82 ORDER: The parties agreed to a virtual bench trial. The bench trial will be conducted through TrialGraphix. If the trial is conducted through TrialGraphix, the Parties shall bear the cost of this service. The Parties shall file a joint status letter by June 10, 2021, stating whether they agree to conducting the virtual bench trial through TrialGraphix. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/04/2021) (ama)
May 17, 2021 Opinion or Order Filing 80 ORDER: The Court is in receipt of Plaintiff's letter. (ECF No. 79). The Parties shall file a joint status report by May 21, 2021, indicating whether the Parties are available June 21, 2021 and June 22, 2021 for a bench trial. Additionally, the Parties shall indicate whether they consent to a virtual bench trial. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/17/2021) (rj)
October 28, 2020 Opinion or Order Filing 77 ORDER: The Court held a telephone conference on October 28, 2020. The parties have consented to a bench trial. The parties shall file a joint status report by November 13, 2020, advising the Court on their availability for trial in January or February and whether the parties intend to conduct a virtual or live bench trial. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 10/28/2020) (js)
October 14, 2020 Opinion or Order Filing 76 ORDER: The parties failed to appear for the October 13, 2020 telephone conference. The telephone status conference is rescheduled to October 28, 2020 at 11:00 a.m. Plaintiff should initiate the call to the other parties, and once all relevant p arties are on the line, should contact the Court at 1-888-363-4749 on the date and time specified above and once prompted, should dial access code 3768660. ( Telephone Conference set for 10/28/2020 at 11:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 10/14/2020) (cf)
October 7, 2020 Opinion or Order Filing 74 ORDER: The telephone status conference scheduled for October 20, 2020 is rescheduled to October 13, 2020 at 2:00 p.m. Plaintiff should initiate the call to the other parties, and once all relevant parties are on the line, should contac t the Court at 1-888-363-4749 on the date and time specified above and once prompted, should dial access code 3768660. ( Telephone Conference set for 10/13/2020 at 02:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 10/7/2020) (mro)
October 5, 2020 Opinion or Order Filing 73 ORDER: The Court will conduct a telephone status conference in this action on October 20, 2020 at 3:00 p.m. Plaintiff should initiate the call to the other parties, and once all relevant parties are on the line, should contact the Court at 1-888-363-4749 (Conference Code: 3768660) on the date and time specified above. SO ORDERED., ( Telephone Conference set for 10/20/2020 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 10/05/2020) (ama)
May 7, 2020 Opinion or Order Filing 72 ORDER granting 69 Letter Motion to Compel. According to Plaintiff's April 22, 2020 letter, Defendants have failed to comply with these deadlines. Accordingly, Defendants are hereby ordered to comply by responding to Plaintiff's pretri al order by Wednesday, May 13, 2020. The pre-trial conference previously scheduled for May 8, 2020 is ADJOURNED to October 15, 2020 at 10:00 a.m. and the jury selection and trial date previously scheduled for May 14, 2020 is ADJOURNED to October 19, 2020 at 9:30 a.m. Proposed jury instructions, voir dire requests, and motions in limine are due October 1, 2020. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/7/2020) (rj)
January 6, 2020 Opinion or Order Filing 64 ORDER: The Court will conduct a status conference in this action on January 21, 2020 at 2:00 p.m. The parties (and/or counsel) should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above., Status Conference set for 1/21/2020 at 02:00 PM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 1/6/2020) (rj)
March 28, 2019 Opinion or Order Filing 60 OPINION AND ORDER: re: 51 MOTION for Partial Summary Judgment . filed by Shek Mooi Chong. For the foregoing reasons, plaintiff's Motion for Partial Summary Judgment is GRANTED. (Signed by Judge Andrew L. Carter, Jr on 3/28/2019) (js)
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Search for this case: Chong et al v. Golden 88 Spoon Inc. et al
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Plaintiff: Shek Mooi Chong
Represented By: Jian Hang
Represented By: Marisol Santos
Represented By: Jian Hang
Represented By: Marisol Santos
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Defendant: Golden 88 Spoon Inc.
Represented By: Zhou Min Wang
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Defendant: TJ Prime Inc.
Represented By: Zhou Min Wang
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Defendant: Yin Zheng
Represented By: Zhou Min Wang
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Defendant: Xueqin Zheng
Represented By: Zhou Min Wang
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Defendant: Terry Zheng
Represented By: Zhou Min Wang
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Defendant: Bi Chen
Represented By: Zhou Min Wang
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Defendant: Xingju Zheng
Represented By: Zhou Min Wang
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Defendant: John Doe and Jane Doe #1-10
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