Chen et al v. Hunan Manor Enterprise, Inc. et al
| Shi Ming Chen, Lianhe Zhou, Yong Kang Liu, Jixiang Wang, Wei Min Zhu and Jian Cai |
| Hunan Manor Enterprise, Inc., Hunan Manor LLC, Hunan House Manor Inc, Hunan House Restaurant, Inc., Hunan House Restaurant NY LLC, Hunan House, Inc., A Taste of Mao, Inc., Jingchao Li, Wensheng Zhang, Zhida Li, Zhi Ba Li, Jimmy Cheung, Danny Wing Lok Cheung, Xiang Yun Ni, Zhenqi Xiao, Nancy Zhou and John Doe |
| 1:2017cv00802 |
| February 2, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| George B. Daniels |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
394
ORDER: Defendants' request for an extension of time to file opposition to Plaintiffs' Motion for Attorneys' Fees and Costs is GRANTED. The deadline for Defendants to file their opposition is January 13, 2024. The Motion for Attorneys&# 039; Fees and Costs is referred to Magistrate Judge Gorenstein. In response to Defendants A Taste of Mao, Inc.'s and Zhenqi Xiao's request forclarification, this Court notes that by its Memorandum Decision and Order dated December 4, 2023 ( ECF No. 387), this Court denied Defendants A Taste of Mao, Inc.'s and Zhenqi Xiao's Motion for Reconsideration and Alteration of the Judgment (ECF No. 367) in its entirety. SO ORDERED., ( Responses due by 1/13/2024) (Signed by Judge George B. Daniels on 1/02/2024) (ama)
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Filing
387
MEMORANDUM DECISION AND ORDER granting 352 Motion for Reconsideration re 352 MOTION for Reconsideration re; 351 Memorandum & Opinion, DENIAL OF SPREAD OF HOURS TO PLAINTIFFS SHI MING CHEN, LIANHE ZHOU, WEIMIN ZHU, AND PINGJIN FAN . filed by Pingjin Fan, Baojun Tian, Qifang Chen, Xinlong Liu, Lianhe Zhou, Shi Ming Chen, Wei Min Zhu, 364 MOTION for Reconsideration . filed by Hunan House Restaurant NY LLC, Hunan House Manor Inc, Hunan Manor Enter prise, Inc., Hunan House Restaurant, Inc., Zhida Li, Hunan House, Inc., Jingchao Li, Hunan Manor LLC, 367 FIRST MOTION for Reconsideration re; 352 MOTION for Reconsideration re; 351 Memorandum & Opinion, DENIAL OF SPRE AD OF HOURS TO PLAINTIFFS SHI MING CHEN, LIANHE ZHOU, WEIMIN ZHU, AND PINGJIN FAN., 351 Memorandum & Opinion, filed by A Taste of Mao, Inc., Zhenqi Xiao ; granting in part and denying in part 364 Motion for Reconsideration re 352 M OTION for Reconsideration re; 351 Memorandum & Opinion, DENIAL OF SPREAD OF HOURS TO PLAINTIFFS SHI MING CHEN, LIANHE ZHOU, WEIMIN ZHU, AND PINGJIN FAN. filed by Baojun Tian, Xinlong Liu, Pingjin Fan, Qifang Chen, Lianhe Zhou, Sh i Ming Chen, Wei Min Zhu, 364 MOTION for Reconsideration . filed by Hunan House Restaurant NY LLC, Hunan House Manor Inc, Hunan Manor Enterprise, Inc., Hunan House Restaurant, Inc., Zhida Li, Hunan House, Inc., Jingchao Li, Hunan Manor LLC, 367 FIRST MOTION for Reconsideration re; 352 MOTION for Reconsideration re; 351 Memorandum & Opinion, DENIAL OF SPREAD OF HOURS TO PLAINTIFFS SHI MING CHEN, LIANHE ZHOU, WEIMIN ZHU, AND PINGJIN FAN., 351 Memorandum & Opinion, filed by A Taste of Mao, Inc., Zhenqi Xiao ; denying 367 Motion for Reconsideration re 352 MOTION for Reconsideration re; 351 Memorandum & Opinion, DENIAL OF SPREAD OF HOURS TO PLAINTIFFS SHI MING CHEN, LIANHE ZHOU, WEIMIN ZHU, AND PINGJIN FAN. filed by Baojun Tian, Xinlong Liu, Pingjin Fan, Qifang Chen, Lianhe Zhou, Shi Ming Chen, Wei Min Zhu, 364 MOTION for Reconsideration . filed by Hunan House Restaurant NY LL C, Hunan House Manor Inc, Hunan Manor Enterprise, Inc., Hunan House Restaurant, Inc., Zhida Li, Hunan House, Inc., Jingchao Li, Hunan Manor LLC, 367 FIRST MOTION for Reconsideration re; 352 MOTION for Reconsideration re; [3 51] Memorandum & Opinion, DENIAL OF SPREAD OF HOURS TO PLAINTIFFS SHI MING CHEN, LIANHE ZHOU, WEIMIN ZHU, AND PINGJIN FAN., 351 Memorandum & Opinion, filed by A Taste of Mao, Inc., Zhenqi Xiao. Plaintiffs' Motion is GRANTED. Hu nan Manor Defendants' Motion is GRANTED IN PART as to its request to amend the damages calculation and DENIED as to its other requests. Taste of Mao Defendants' Motion is DENIED. Plaintiffs' amended damages, including liquida ted damages and excluding all applicable interest, are as follows in the table below. The Clerk of Court is directed to enter an amended judgment, with prejudgment interest to be calculated as set forth in this Court's original Opinion. (See Opinion at 36-38.) As further set forth by this Order. SO ORDERED. (Signed by Judge George B. Daniels on 12/4/2023) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing
357
CLERK'S JUDGMENT re: 356 Order, 351 Memorandum & Opinion in favor of Shi Ming Chen against A Taste of Mao, Inc., Hunan House Manor Inc, Hunan House Restaurant NY LLC, Hunan House Restaurant, Inc., Hunan House, Inc., Hunan Manor Enterprise , Inc., Hunan Manor LLC, Jingchao Li, Zhenqi Xiao, Zhida Li; in favor of Lianhe Zhou against A Taste of Mao, Inc., Hunan House Manor Inc, Hunan House Restaurant NY LLC, Hunan House Restaurant, Inc., Hunan House, Inc., Hunan Manor Enterprise, Inc., Hu nan Manor LLC, Jingchao Li, Zhenqi Xiao, Zhida Li; in favor of Wei Min Zhu against A Taste of Mao, Inc., Hunan House Manor Inc, Hunan House Restaurant NY LLC, Hunan House Restaurant, Inc., Hunan House, Inc., Hunan Manor Enterprise, Inc., Hunan Manor LLC, Jingchao Li, Zhenqi Xiao, Zhida Li; in favor of Baojun Tian against A Taste of Mao, Inc., Hunan House Manor Inc, Hunan House Restaurant NY LLC, Hunan House Restaurant, Inc., Hunan House, Inc., Hunan Manor Enterprise, Inc., Hunan Manor LLC, Jingc hao Li, Zhenqi Xiao, Zhida Li; in favor of Xinlong Liu against A Taste of Mao, Inc., Hunan House Manor Inc, Hunan House Restaurant NY LLC, Hunan House Restaurant, Inc., Hunan House, Inc., Hunan Manor Enterprise, Inc., Hunan Manor LLC, Jingchao Li, Zh enqi Xiao, Zhida Li; in favor of Qifang Chen against A Taste of Mao, Inc., Hunan House Manor Inc, Hunan House Restaurant NY LLC, Hunan House Restaurant, Inc., Hunan House, Inc., Hunan Manor Enterprise, Inc., Hunan Manor LLC, Jingchao Li, Zhenqi Xiao, Zhida Li; in favor of Pingjin Fan against A Taste of Mao, Inc., Hunan House Manor Inc, Hunan House Restaurant NY LLC, Hunan House Restaurant, Inc., Hunan House, Inc., Hunan Manor Enterprise, Inc., Hunan Manor LLC, Jingchao Li, Zhenqi Xiao, Zhida Li in the amount of $853,253.53. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 30, 2023, and the Court's Memorandum Decision and Order dated August 29, 2023, Plaintiffs Jixiang Wang and Yong Kang Liu's claims are dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b). Defendants are jointly and severally liable to Plaintiffs Shi Ming Chen, Lianhe Zhou, Wei Min Zhu, Baojun Tian, Xinlong Liu, Qifang Chen, and Pingji n Fan as follows: (1) Shi Ming Chen, Total (before all applicable interest), $383,667.20, with interest at 9% per annum, from February 2, 2011-September 8, 2016, in the amount of $577,130.07; (2) Lianhe Zhou, Total (before all applicab le interest), $33,601.60, with interest at 9% per annum, from June 15, 2014 - June 12, 2016, in the amount of $39,633.32; (3) Wei Min Zhu, Total (before all applicable interest), from March 1, 2015- July 31, 2016, in the amount of 6;75,013.63; (4) Baojun Tian, Total (before all applicable interest), $6,937.50, with interest at 9% per annum, from May 16, 2015 - August 30, 2015, in the amount of $7,118.83; (5) Xinlong Liu, Total (before all applicable interest), & #036;11,267.00, with interest at 9% per annum, from September 7, 2015-April 19, 2017, in the amount of $12,878.34; (6) Qifang Chen, Total (before all applicable interest), $19,058.10, with interest at 9% per annum, from July 27, 2 014 October 30, 2016, in the amount of $22,939.69; and (7) Pingjin Fan, Total (before all applicable interest), $95,337.40, with interest at 9% per annum, from March 1, 2015 November 12, 2017, in the amount of $118,539.65. (Signed by Clerk of Court Ruby Krajick on 8/30/2023) (Attachments: # 1 Appeal Package) (km)
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Filing
351
MEMORANDUM DECISION AND ORDER: Plaintiffs Jixiang Wang and Yong Kang Liu's claims are dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b).Defendants are jointly and severally liable to Plaintiffs Shi Ming Chen, Lianhe Zhou, Wei Min Zhu, Baojun Tian, Xinlong Liu, Qifang Chen, and Pingjin Fan for a total of $616,386.40, plus all applicable interest. SO ORDERED. (Signed by Judge George B. Daniels on 8/29/2023) (ama)
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Filing
342
ORDER: Defendants request a 4-day extension of time to submit their proposed findings of fact and conclusions of law. (ECF No. 341.) Defendants' request is GRANTED. Defendants are ordered to submit their proposed findings of facts and conclu sions of law by July 14, 2023. Plaintiffs' reply is due by August 8, 2023. Plaintiffs are directed to provide actual damages calculations for each Plaintiff in their reply. SO ORDERED. (Signed by Judge George B. Daniels on 7/6/2023) (ks)
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Filing
340
ORDER: granting 339 Letter Motion for Extension of Time to File. Defendants' request for an extension of time to submit their proposed findings of facts andconclusions of law is GRANTED. Defendants must submit their proposed findings of fact and conclusions of law by July 10, 2023. Plaintiffs' reply is due by August 4, 2023. The Clerk of Court is ordered to close the open motion at ECF No. 339. SO ORDERED. (Signed by Judge George B. Daniels on 6/13/2023) (ama)
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Filing
338
ORDER: Defendants A Taste of Mao, Inc. d/b/a China Xiang, and Zhenqi Xiao (collectively, "Taste of Mao Defendants") request a 30-day extension of time to submit their proposed findings of fact and conclusions of law. (ECF No. 337.) Plaintif fs oppose Taste of Mao Defendants' request for a 30-day extension and consent only to a one-week extension. (Id.) Taste of Mao Defendants are ordered to submit their proposed findings of facts and conclusions of law by July 10, 2023. Plaintiffs' reply is due by August 4, 2023. SO ORDERED. (Signed by Judge George B. Daniels on 6/08/2023) (ama)
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Filing
335
ORDER: granting 334 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge George B. Daniels on 5/01/2023) (ama)
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Filing
303
ORDER: denying 300 Letter Motion to Seal; denying 302 Letter Motion for Extension of Time. Plaintiffs' motion for leave to file documents under seal in support of their motion to permit Plaintiffs Yong Kang Liu and Jinxiang Wang to testify remotely is DENIED. The Clerk of Court is directed to close the open motions at ECF Nos. 300 and 302. SO ORDERED. (Signed by Judge George B. Daniels on 2/07/2023) (ama)
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Filing
299
ORDER: granting 298 Letter Motion to Adjourn Conference. Plaintiff's letter request for an adjournment of the pretrial conference scheduled for October 11, 2022, (ECF No. 298), is GRANTED. The pretrial conference is adjourned to December 6, 2022, at 9:45 a.m. The Clerk of Court is directed to close ECF No. 298 accordingly. SO ORDERED. Pretrial Conference set for 12/6/2022 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 10/11/2022) (ama)
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Filing
297
ORDER: A pretrial conference is set for October 11, 2022, at 9:45 a.m. A bench trial is set for February 13, 2023, at 9:45 a.m. SO ORDERED. ( Bench Trial set for 2/13/2023 at 9:45 AM before Judge George B. Daniels., Pretrial Conference set for 10/11/2022 at 9:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/26/2022) (vfr)
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Filing
288
ORDER: Each party shall file the materials required by paragraph VI.B of Judge Daniels' Individual Practices on or before February 10, 2022. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2022) (ama)
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Filing
261
ORDER : The parties are directed to begin conferring now and to file the pretrial materials required by sections VI.A and VI.B of Judge Daniels' Individual Practices on or before September 16, 2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/23/2021) (ate)
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Filing
260
MEMORANDUM DECISION AND ORDER re: 217 MOTION to Certify Class . filed by Baojun Tian, Xinlong Liu, Yong Kang Liu, Jixiang Wang, Pingjin Fan, Shi Ming Chen, Lianhe Zhou, Qifang Chen, Wei Min Zhu, 237 CROSS MOTION to Dismi ss Rule 23 Motion & Certain Collective Plaintiffs from the Action. filed by A Taste of Mao, Inc., Zhenqi Xiao. Plaintiffs' motion for Rule 23 class certification, (ECF No. 217), is DENIED. Taste of Mao Defendants' cross-motion to dismiss, (ECF No. 237), is DENIED. The Clerk of Court is directed to close the motions accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 8/20/2021) (vfr)
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Filing
236
ORDER: denying 235 Letter Motion for Leave to File Document; denying 235 Letter Motion for Extension of Time to File. With regard to the issue of defendants' representation, nothing is stopping any attorney from moving to withdraw or from s ubmitting a stipulation of substitution of counsel. See Local Civil Rule 1.4 (and comment thereto). The fact that more than one attorney is listed on the docket, however, provides no excuse for any of them to miss deadlines. It is for this reason tha t the Court looks skeptically at Mr. Curran's request to extend the deadline for his clients' opposition to the class certification motion. The October 30, 2020 deadline was one selected by him and nothing stops him from filing papers on hi s clients' behalf regardless of the appearance of other attorneys on the docket sheet. Nonetheless, the Court will reluctantly grant one final extension. Defendants' opposition is due November 13, 2020. Any reply shall be filed by November 27, 2020. The deadline for the filing of a summary judgment motion was February 21, 2020 (Docket # 180). This request in this letter thus comes eight months later. The only explanation given for the delay is as follows: "Due to the dueling over sanctions, the opportunity to move for summary judgment passed by unexercised." This explanation is completely disingenuous, as the referenced motion for sanctions (Docket # 189) was filed on the very date any motion for summary judgment was du e. The ensuing briefing on the motion for sanctions thus did not interfere in any way with defendants' ability to file their own motion for summary judgment on February 21, 2020. Because defendants have not shown excusable neglect for failing to meet the deadline, see Fed. R. Civ. P. 6(b)(1)(B), the application to extend the deadline is denied. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/23/2020) (ama)
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Filing
222
ORDER granting 220 Letter Motion for Extension of Time to File. The deadline to file the pre-trial materials required by sections VI.A and VI.B of Judge Daniels' Individual Practices is extended to 14 days after the disposition of the motion for class certification. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/10/2020) (js)
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Filing
212
ORDER: The deadline for making summary judgment motions having expired (see Docket # 180), the parties are directed to begin conferring now and to file the pretrial materials required by sections VI.A and VI.B of Judge Daniels' Individual Practices on or before September 16, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/25/2020) (ama)
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Filing
211
MEMORANDUM DECISION AND ORDER adopting 204 Report and Recommendations re: 189 Motion for Sanctions, Motion for Default Judgment, Motion to Dismiss: Magistrate Judge Gorenstein's Report is ADOPTED. Defendants' motion for the sanction o f dismissal, (ECF No. 189), is GRANTED and the claims of Plaintiffs Jian Cai, Guoqiang Xu, Shiqiang Gao, Min Jiang, Mingda Ke, and Guo Yong Zhu are DISMISSED with prejudice. Defendants' request for monetary sanctions under Rule 37, (ECF No. 189), is DENIED. The Clerk of Court is directed to close this motion accordingly. (Signed by Judge George B. Daniels on 8/24/2020) (jwh) Transmission to Orders and Judgments Clerk for processing.
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Filing
201
ORDER: The June 9, 2020 conference is adjourned to August 25, 2020 at 9:45 a.m. SO ORDERED. (Status Conference set for 8/25/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/1/2020) (jca)
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Filing
199
ORDER, The April 7, 2020 conference is adjourned to June 9, 2020 at 9:45 a.m. SO ORDERED. ( Status Conference set for 6/9/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/24/20) (yv)
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Filing
181
OPINION AND ORDER: re: 154 LETTER MOTION for Leave to File First Amended Complaint addressed to Magistrate Judge Gabriel W. Gorenstein from John Troy dated November 4, 2019. filed by Yong Kang Liu, Lianhe Zhou, Shi Ming Chen, Jian Cai, Jix iang Wang, Wei Min Zhu. For the reasons discussed above, plaintiffs' motion to amend (Docket # 148) is granted except that the motion to add defendants 200 CPS Investment Corp., Qiang Wu Wang, Rong Fang Xiao, Ben Shuai Pang, Man Shen Zhang, an d Jeff Li is denied. Plaintiffs shall file an amended complaint in conformity with this decision on or before February 7, 2020. SO ORDERED., ( Amended Pleadings due by 2/7/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/03/2020) (ama)
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Filing
179
ORDER: granting 178 Letter Motion for Extension of Time to File. Counsel for plaintiffs, John Troy, seeks to withdraw as counsel for plaintiffs Jian Cai,Mingda Ke, Jian Min. Docket ## 162, 163, 178. The pre-motion conference requirement is waived. The Court hereby ORDERS as follows: Mr. Troy shall file his motion to withdraw on or before February 14, 2020. The motion shall specify whether counsel seeks a lien of any kind, including but not limited to acharging or retaining lien, and the legal and factual basis for any such claim. Any party wishing to oppose this motion shall file papers in opposition by March 6, 2020, or send a letter to the Court for receipt by that date. Plaintiffs Cai, Ke, and Min may send a letter to the Court at the address below. A hearing on the motion will take place in Courtroom 6-B, 500 Pearl Street, New York, New York, on Tuesday, March 10, 2020, at 10:30 a.m. In addition to Mr. Troy, plaintiffs Cai, Ke, and Min are each required to attend this conference. Other parties are not required to attend. Please be sure to arrive early so that theconference may begin on time. If plaintiffs Cai, Ke, or Min fail to attend, their claims may be dismissed. Mr. Troy shall immediately arrange to deliver a copy of th is Order and his motion to withdraw to plaintiffs Cai, Ke, and Min by (1) email, if available; (2) courier/overnight delivery; and (3) regular mail. He shall also thereafter make all reasonable efforts to confirm with plaintiffs Cai, Ke, and Min by t elephone, text message conversation, email or in person that these materials were actually received by them, that they understand that there is a March 6, 2020 deadline for filing any written response to Mr. Troy's papers, and that they are awar e they must appear at the Court conference on March 10, 2020, at 10:30 a.m. On or before February 18, 2020, Mr. Troy shall file with the Court an affidavit or declaration indicating his efforts to comply with paragraph 5 of this Order. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2020) (ama)
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Filing
175
ORDER: granting 167 Letter Motion to Adjourn Conference. The Status Conference scheduled for January 21, 2020 is adjourned to February 11, 2020 at 9:45 a.m. SO ORDERED. Status Conference set for 2/11/2020 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 1/23/2020) (ama)
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Filing
174
ORDER. The letter from plaintiffs seeking an extension of the filing date of the reply brief in support of plaintiffs' motion to amend (Docket# 164) was improperly addressed to the undersigned. The application should have been addressed to Judge Gorenstein, to whom the motion to amend is referred. Accordingly, the order granting the extension (Docket# 166) is hereby vacated. SO ORDERED. (Signed by Judge George B. Daniels on 1/17/20) (yv)
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Filing
169
ORDER: Counsel for plaintiffs, John Troy, seeks a pre-motion conference for his motion to withdraw as counsel for plaintiffs Jian Cai and Mingda Ke. Docket ## 162, 163. The premotion conference requirement is waived. The Court hereby ORDERS as follo ws: 1. Mr. Troy shall file his motion to withdraw on or before January 24, 2020. The motion shall specify whether counsel seeks a lien of any kind, including but not limited to a charging or retaining lien, and the legal and factual basis for any such claim. 2. Any party wishing to oppose this motion shall file papers in opposition by February 7, 2020, or send a letter to the Court for receipt by that date. Plaintiffs Cai and Ke may send a letter to the Court at the address below. 3. A he aring on the motion will take place in Courtroom 6-B. 500 Pearl Street, New York, New York, on Thursday, Februru.y 11, 2020. at 10:30 a.m. 4. In addition to Mr. Troy, plaintiffs Cai and Ke are each required to attend this conference. If plaintiffs Cai or Ke fail to attend, their claims may be dismissed. (And as further set forth herein.) SO ORDERED. (Motions due by 1/24/2020, Responses due by 2/7/2020), Motion Hearing set for 2/11/2020 at 10:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/17/2020) (jca)
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