Chen et al v. 2425 Broadway Chao Restaurant, LLC et al
| Jianjun Chen, Qing Pu, Youchun Zheng, Allen Chun Kang, Minzhong Duan, Chee Kiang Foo, Jianshe Wang, Guolong Fu, Guangzheng Sun, Genxiang Zhang, Gengshen Zhao, Jianxin Feng and Qun Wan |
| 2425 Broadway Chao Restaurant, LLC, WMK 89th Street LLC, Tsu Yue Wang, John Wang, Cho Kam Sze, Cindy Doe, Anthony J. Mazzola, Victor Kasner and Kevin Garcia |
| 1:2016cv05735 |
| July 19, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Gregory H. Woods |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
306
ORDER: Accordingly, this action is dismissed without prejudice for failure to prosecute pursuant to Rule 41(b). The Clerk of Court is directed to terminate all pending motions, adjourn all deadlines, and close this case. The Clerk of Court is further directed to serve this Order by certified mail on Plaintiffs and note proof of service on the docket. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/27/2020) (ks)
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Filing
305
ORDER, For the reasons stated on the record during the conference held on July 8, 2020, the Troy Law Firms motion to withdraw as counsel for Plaintiffs is GRANTED. Furthermore, any application for default judgment against the remaining defendants m ust be filed by August 7, 2020. If the Court does not hear from Plaintiffs by that date, as stated on the record during the July 8, 2020, the Court will dismiss the case for failure to prosecute. Furthermore, as stated on the record, Youchun Zheng, A llen Chun Kang, Jianshe Wang, Gengshen Zhao, and Jianxin Feng have dismissed their cases against the remaining defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). The Clerk of Court is directed to update the docket with the followi ng contact information, provided to the Court by Troy Law at Dkt. No. 293 at 2: as further set forth herein. The Clerk of Court is additionally directed to terminate the motion pending at Dkt. No. 388, and is directed to remove the names of Mr. Troy , Mr. Schweitzer, and Mr. Byun from the list of counsel in this case. The Clerk of Court is further directed to remove the name of Youchun Zheng, Allen Chun Kang, Jianshe Wang, Gengshen Zhao, and Jianxin Feng from the list of the plaintiffs in this c ase. The Clerk of Court is further directed to mail a copy of this order to the remaining four Plaintiffs and note proof of service on the docket. SO ORDERED. Attorney John Troy; Kibum Byun and Aaron B. Schweitzer terminated., Jianshe Wang (on behalf of themselves and others similarly situated), Gengshen Zhao (on behalf of themselves and others similarly situated), Youchun Zheng (on behalf of themselves and others similarly situated), Jianxin Feng (on behalf of themselves and others similarly situated) and Allen Chun Kang (on behalf of themselves and others similarly situated) terminated., Motions terminated: 288 MOTION for Troy Law, PLLC and all attorneys associated therewith to Withdraw as Attorney for Plaint iffs Qing Pu, Youchun Zheng, Allen CHun Kang, Minzhong Duan, Jianshe Wang, Guolong Fu, Genxiang Zhang, Gengshen Zhao, Jianxin Feng, and Qun Wang</i filed by Guolong Fu, Qun Wan, Allen Chun Kang, Genxiang Zhang, Minzhong Duan, Qing Pu, Jianxin Feng, Youchun Zheng, Gengshen Zhao, Jianshe Wang., (Motions due by 8/7/2020.) (Signed by Judge Gregory H. Woods on 7/8/2020) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
294
ORDER: For the reasons discussed on the record during the June 30, 2020 teleconference, the Court will reschedule the conference to decide Plaintiffs' counsel's motion to withdraw. The conference will take place on July 8, 2 020 at 3:00 by telephone. Plaintiffs are directed to personally appear for this conference, and Plaintiffs' counsel is directed to retain a simultaneous translator for the hearing who can translate for every plaintiff who requires the assistance of a translator. As discussed on the record during the June 30, 2020 conference, counsel is directed, among other things, to discuss the qualifications of their proposed simultaneous translator with the Court's interpreters. The conference will take place by telephone. Plaintiffs and their counsel are directed to use the conference call dial-in information and access code noted in the Court's Emergency Rules in Light of COVID-19, available on the Court's website. Plaintiffs' counsel are specifically ordered to comply with Emergency Rule 2(C). Counsel did not do so in advance of the June 30, 2020 conference. Plaintiffs' counsel is directed to serve a copy of this order on their clie nts and to file proof of service on the docket of this case by no later than July 3, 2020. Plaintiffs are directed to serve a copy of this order on Defendants and to retain proof of service. ( Telephone Conference set for 7/8/2020 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 6/30/2020) (mro)
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Filing
292
ORDER: The Court will hold a hearing to discuss counsel for the remaining Plaintiffs' application to withdraw at 10:00 a.m. on June 30, 2020. The remaining Plaintiffs-that is, all Plaintiffs other than Jianjun Chenare directed to personally appear for this conference, and Plaintiffs' counsel is directed to retain a certified simultaneous translator for the hearing who can translate for every plaintiff who requires the assistance of a translator. The conference will take place by telephone. Plaintiffs and their counsel are directed to use the conference call dial-in information and access code noted in the Court's Emergency Rules in Light of COVID-19, available on the Court� 39;s website. Plaintiffs' counsel are specifically directed to comply with Emergency Rule 2(C). Plaintiffs' counsel is directed to serve a copy of this order on their clients and to file proof of service on the docket of this case by no later than June 23, 2020. Plaintiffs are directed to serve a copy of this order on Defendants and to retain proof of service. Because Plaintiff Jianjun Chen has stipulated to the dismissal of his claims against all the rema ining defendants, see Dkt. No. 241, the Clerk of Court is directed to remove Plaintiff Jianjun Chen's name from the caption of this case. ( Telephone Conference set for 6/30/2020 at 10:00 AM before Judge Gregory H. Woods.) Jianjun Chen (on behalf of themselves and others similarly situated) terminated. (Signed by Judge Gregory H. Woods on 6/19/2020) (mro)
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Filing
287
ORDER granting 286 Motion for Extension of Time to File. Application granted. Plaintiffs have an additional two weeks from the date of this order to proceed with its default judgment application against the remaining Defendant s. Should Plaintiffs wish to dismiss this case pursuant to Federal Rule of Civil Procedure 41(a)(2), any such application is also due no later than two weeks from the date of this order. As a practice point, the Court notes that in its May 20, 20 20 opinion, it stated that "[s]hould Troy Law wish to proceed with its default judgment application against the defendants remaining in this litigation, counsel should proceed by a new order to show cause no later than two weeks from the date of this opinion." Two weeks from May 20, 2020 was June 3, 2020-the same day counsel filed its application for an extension of time. Counsel for Plaintiffs have been reminded numerous times during the pendency of this litigation tha t the Court's Individual Rules of Practice require, among other things, that requests for extensions of time be made at least two business days prior to the original due date. See, e.g., Dkt. No. 272. Counsel for Plaintiffs are again directed to comply with the Court's Individual Rules. Plaintiffs are directed to serve a copy of this order on Defendants and to retain proof of service. (Signed by Judge Gregory H. Woods on 6/4/2020) (mro)
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Filing
285
MEMORANDUM OPINION AND ORDER: In conclusion, the Court finds that a $5,000 sanction is appropriate to deter Troy Lawa repeat player in this districtfrom making similar misrepresentations to any court in an ex parte application in futur e. This money is to be paid to the Court forthwith, and in no event any later than three weeks following the date of this opinion. Troy Law is directed to file proof of payment on the docket no later than four weeks following the date of this o pinion. Should Troy Law wish to proceed with its default judgment application against the defendants remaining in this litigation, counsel should proceed by a new order to show cause no later than two weeks from the date of this opinion. In any event, because C.C. Wang was not properly served within the timeframe required by Rule 4(m), and because there has been no application to extend that time, the claims against C.C. Wang are dismissed. The Clerk of Court is directed to remove C.C. Wang's name from the caption of this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/20/2020) (va)
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Filing
280
ORDER: For the reasons stated on the record during the February 12, 2020 hearing, the Court dismisses this action as to Defendant Chao Ching Wang. Plaintiffs are directed to serve this order on Defendants and to retain proof of service. The Clerk of Court is directed to remove the name of Defendant Chao Ching Wang from the caption of this case. SO ORDERED., Chao Ching Wang terminated. (Signed by Judge Gregory H. Woods on 2/12/2020) (ama)
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Filing
277
ORDER: For the reasons stated on the record during the January 31, 2020 hearing, the Court dismisses this action as to Defendants 2425 Broadway Chao Restaurant, LLC, d/b/a Ollie's To Go Restaurant, Cho Kam Sze, and Anthony Mazzola. Plaintiffs have until February 7, 2020 to submit any further evidentiary support as to the propriety of service of the Tiurd Amended Complaint on Defendant John Wang. The Court will hold an evidentiary hearing with resp ect to, among other things, Plaintiffs' service on Defendant John Wang on February 12, 2020 at 1:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courtho use at 500 Pearl Street, New York, New York, 10007. For the reasons stated on the record during the January 31, 2020 conference, Mr. Troy is directed to appear in person at that February 12, 2020 hearing. Plaintiffs are directed to serve this order on Defendants and to retain proof of service. The Clerk of Court is directed to remove the names of D efendants 2425 Broadway Chao Restaurant, LLC, d/b/a Ollie's To Go Restaurant, Cho Kam Sze, and Anthony Mazzola from the capti on of this case. Cho Kam Sze, 2425 Broadway Chao Restaurant, LLC and Anthony J. Mazzola terminated. ( Evidentiary Hearing set for 2/12/2020 at 01:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Gregory H. Woods on 2/1/2020) (mro)
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Filing
271
ORDER with respect to 267 Motion to Set Aside Default ; with respect to 267 Motion to Dismiss for Lack of Jurisdiction. The Court has received Defendant Kasner's motion to vacate the default judgment. Dkt. No. 267. During the January 31, 2 020 hearing, the Court will address the issues raised in that motion. All Defendants in this action--but specifically Defendant Kasner--are directed to appear in person or through counsel. Plaintiffs are directed to serve this Order on Defendants and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/30/2020) (va)
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Filing
258
ORDER: granting 257 Letter Motion for Extension of Time to File. Application granted. The deadline for Plaintiffs to show cause why this case should not be dismissed for failure to prosecute is extended to January 2, 2020. The Court does not antici pate granting any further extensions of time. Plaintiffs are directed to serve this order on Defendants and retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/26/2019) (ama) Modified on 12/26/2019 (ama). (Main Document 258 replaced on 12/26/2019) (ama).
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Filing
203
MEMORANDUM OPINION AND ORDER. Accordingly, for the reasons that follow, the T.Y. Wang Defendants' motion for sanctions is GRANTED IN PART and DENIED IN PART. For the reasons articulated above, Mr. Troy is sanctioned, and the T.Y. Wang Defendan ts are awarded 50% of the reasonable fees and costs associated with their motion for summary judgment, and 100% of the reasonable fees and costs associated with their motion for sanctions. The T.Y. Wang Defendants are directed to submit an application for those fees and costs including time records and a supporting affidavit and a proposed order of judgment, no later than June 4, 2019. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/24/2019) (anc)
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Filing
185
MEMORANDUM OPINION AND ORDER re: 155 MOTION for Summary Judgment filed by 2425 Broadway LLC, Tsu Yue Wang. For the reasons articulated above, the T.Y. Wang Defendants motion for summary judgment as to all claims against them is GRANTED in its entirety. The Clerk of Court is directed to terminate Tsu Yue Wang and 2425 Broadway LLC as defendants in this case, and to terminate the motion pending at docket number 155. SO ORDERED. (2425 Broadway LLC and Tsu Yue Wang terminated.) (Signed by Judge Gregory H. Woods on 3/18/2019) (anc)
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Filing
69
OPINION AND ORDER re: 61 MOTION to Dismiss Amended Complaint. filed by Tsu Yue Wang. For the foregoing reasons, Defendant Tsu Yue Wang's motion to dismiss is GRANTED IN PART and DENIED IN PART. Counts 8 and 12 are dismissed without prejudice. Count 10 is dismissed, with prejudice, with respect to the following plaintiffs: Jianjun Chen, Qing Pu, Youchun Zheng, Allen Chun Kang, Minzhong Duan, Chee Kiang Foo, Jianshe Wang, Guolong Fu, Guanzheng Sun, and Genxiang Zhang. Defendant Wang's motion is denied with respect to all other counts in the Amended Complaint. Plaintiffs are granted leave to replead Counts 8 and 12 no later than 30 days after the date of this order. The Clerk of Court is directed to terminate the motion pending at ECF No. 61. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/15/2017) (anc)
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