Cui v. East Palace One, Inc. et al
| Ruixuan Cui |
| East Palace One, Inc., East Palace 43 Inc., East Palace 819 Inc., New East Palace Rest. Inc., East Palace 2nd Ave. Inc., Six Happiness Rest. Inc., Six Happiness 38 Inc., Six Happiness 711 Inc., Six Happiness 74 Inc., Six Happiness East Inc., Six Happiness Midtown Inc., Six Happiness 1413 Inc., Six Happiness 73rd Inc., Six Happiness 39 Inc., Six Happiness Uptown Inc., Six Happiness 88 Inc., New Six Happiness Chinese Restaurant Inc., Xi Lin, Rui Hua Chen, Lai Yin Ho, Xue Du Chen, Qi Yeng Lin, Xue Xian Chen, Mei Qin Weng, Xian Lin, Jian Feng Lin, Lin Fui, Fei Lin and Tan Hui Lu |
| 1:2017cv06713 |
| September 3, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul G. Gardephe |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
116
ORDER OF DISMISSAL: It is hereby ORDERED that: 1. The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Plaintiff's claims in this action and to compensate Plaintiff's counsel for their legal fees. 2. As Plaintiff has requested that the Court retain jurisdiction over this action for purposes of enforcing the parties' settlement agreement and has informed the Court that Defendants have no objection to this r equest (see Dkt. 113), the Court will retain jurisdiction over this matter, solely for the purpose of enforcing the settlement agreement. 3. As a result of the Court's approval of the parties' executed settlement agreement, this actio n is hereby discontinued in its entirety, with prejudice, and without costs or fees to any party. The Clerk of Court is directed to close this case on the Docket of the Court. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 1/11/2022) (ks)
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Filing
104
ORDER granting 103 Letter Motion for Extension of Time to File. The parties may have until 7/15/2021 to submit their proposed settlement agreement to the Court for fairness review. That submission should be directed to Judge Gardephe, as the matter is not before this Court on consent. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 6/25/2021) (vfr)
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Filing
99
ORDER for 97 Report and Recommendations. For the reasons stated above, the R & R is adopted in its entirety and Dong's claims against Defendants are dismissed without prejudice pursuant to Rule 41(b) for failure to prosecute. Chambers will mail a copy of this Order to Cunming Dong, 949 55th St. Fl. 1, Brooklyn, NY 11219. The Clerk of Court is directed not to close this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/4/2021) (jca)
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Filing
91
ORDER re: 90 Status Report filed by Ruixuan Cui, Cunming Dong. Having reviewed Troy's most recent letter, and as Defendants have not responded to or otherwise indicated they oppose Troy Law's request to be relieved as counsel for Don g, it is hereby ORDERED as follows: 1. No later than January 28, 2020, Troy Law is directed to serve a copy of Troy's December 23, 2019 letter (Dkt. 90) on Dong, together with a copy of this Order, with both documents translated into Dong's native language, if necessary for him to understand them, and to file proof of such service on the Docket of this action. If Dong wishes to be heard with respect to Troy Law's request to withdraw, then, no later than February 7, 2020, Dong shou ld submit a response to the Court, with a copy to Troy Law. This response may be mailed directly to my Chambers at the following address: Hon. Debra Freeman, U.S. Magistrate Judge, United States Courthouse, 500 Pearl Street, Room 1660, New York, New York 10007. Dong's response may be submitted ex parte; in other words, it need not be served on counsel for Defendants. This Court, in its discretion, will determine whether any response it receives from Dong should be filed publicly or if it co ntains sensitive information that warrants its being placed under seal. If, by February 21, 2020, this Court receives no objection to Troy Law's request from Dong, then this Court may grant the request as unopposed. 2. Regardless of whether it receives any objection to Troy Law's request for leave to withdraw, this Court will hold an in-person conference on Friday, February 21, 2020, at 11:00 a.m., with respect to that request. The conference will be held in Courtroom 17 A of the Unit ed States Courthouse at 500 Pearl Street, New York, New York. Troy, Schweitzer, and Dong are directed to appear, in person, at this conference. Dong is cautioned that failure to appear as directed may result in this Court recommending sanctions, incl uding dismissal of his claims for failure to prosecute them. (as further set forth herein). SO ORDERED. (Status Conference set for 2/21/2020 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman.) (Signed by Magistrate Judge Debra C. Freeman on 1/23/2020) Copies to All counsel (via ECF). (kv)
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Filing
80
ORDER granting in part and denying in part 65 Motion to Dismiss; terminating 65 Motion for Sanctions. The Moving Defendants' motion for judgment on the pleadings is granted as to Defendants Rui Hua Chen, Lai Yin Ho, Xue Xian Ch en, Mei Qin Weng, and Jian Feng Lin, East Palace One, Inc., East Palace 43 Inc., East Palace 819 Inc., Six Happiness Rest. Inc., Six Happiness 38, Inc., and Six Happiness 1413, Inc. The Moving Defendants' motion is denied as to East Pala ce 2nd Ave. Inc., Six Happiness 711 Inc., Six Happiness 73rd Inc., Six Happiness 74 Inc., Six Happiness 39 Inc., Six Happiness Uptown Inc., and Six Happiness 88 Inc. The Clerk of Court is directed to terminate the motion (Dkt. No. 65). (Signed by Judge Paul G. Gardephe on 9/20/2019) (mro)
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