Zhang et al v. Hiro Sushi at Ollies Inc. et al
| Genxiang Zhang and Xinhui Zhang |
| Hiro Sushi at Ollies Inc., Freedom Place Rest LLC, 160 Restaurant Concepts LLC, 39 WEA Food Group, Inc., Tao Rong, Yi Lu, Alan Phillips, Christopher J. Phelan and Shlomo Sela |
| 1:2017cv07066 |
| September 17, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| John G. Koeltl |
| 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
175
CLERK'S JUDGMENT re: 174 Order on Motion for Attorney Fees in favor of Genxiang Zhang against Hiro Sushi at Ollies Inc., Tao Rong, Yi Lu; in favor of Xinhui Zhang against Hiro Sushi at Ollies Inc., Tao Rong, Yi Lu; in favor of Yu Zhen Zh eng against Hiro Sushi at Ollies Inc., Tao Rong, Yi Lu; in favor of Dan Dan Yuan against Hiro Sushi at Ollies Inc., Tao Rong, Yi Lu; in favor of Dan Dan Yuan, Genxiang Zhang, Xinhui Zhang, Yu Zhen Zheng against Hiro Sushi at Ollies Inc., Tao Rong, Yi Lu in the amount of $143,218.37. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated July 11, 2022, judgment is entered in favor of Plaintiffs against Defendants Hiro Sushi at Ollies I nc., Tao Rong, and Yi Lu as follows: for Genxiang Zhang in the amount of $24,346.68 plus pre-judgment interest on $7,173.34 that is calculated from October 1, 2016 to the date judgment is entered, in the amount of $3,732.10; for Xin hui Zhang in the amount of $27,076.02, plus pre-judgment interest on $9,063.01 that is calculated from April 16, 2015 to the date judgment is entered, in the amount of $5,908.59; for Yu Zhen Zheng in the amount of $22,940.00, p lus pre-judgment interest on $7,020.00 that is calculated from May 16, 2015 to the date judgment is entered, in the amount of $4,524.73; for Dan Dan Yuan in the amount of $18,312.32, plus pre-judgment interest on $8,031.16 that is calculated from December 18, 2014 to the date judgment is entered, in the amount of $5,471.53; an award of attorneys' fees and costs owed by Defendants Hiro Sushi at Ollies Inc., Tao Rong, and Yi Lu in the amount of $30,906.40; and post-judgment interest; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/12/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
174
ORDER granting 143 Motion for Attorney Fees. For the reasons discussed above, the Court awards damages owed by Defendants Hiro Sushi at Ollie's Inc., Tao Rong, and Yi Lu, as well as attorneys fees and costs, and post-judgment interest. Th e Clerk of Court is respectfully directed to calculate pre-judgment interest at the statutory rate of nine percent per annum on damages for unpaid wages, overtime pay, and/or spread-of-hours pay as follows: for Genxiang Zhang in the amount of � 36;7,173.34 from October 1, 2016 to the date of judgment; for Xinhui Zhang in the amount of $9,063.01 from April 16, 2015 to the date of judgment; for Yu Zhen Zheng in the amount of $7,020.00 from May 16, 2015 to the date of judgment; an d for Dan Dan Yuan in the amount of $8,031.16 from December 18, 2014 to the date of judgment. The Clerk of Court is further directed to enter judgment in favor of Plaintiffs against Defendants Hiro Sushi at Ollies Inc., Tao Rong, and Yi Lu as follows: for Genxiang Zhang in the amount of $24,346.68 plus pre-judgment interest on $7,173.34 that is calculated from October 1, 2016 to the date judgment is entered; for Xinhui Zhang in the amount of $27,076.02, plus pre-judgmen t interest on $9,063.01 that is calculated from April 16, 2015 to the date judgment is entered; for Yu Zhen Zheng in the amount of $22,940,00, plus pre-judgment interest on $7,020.00 that is calculated from May 16, 2015 to the date judgment is entered; for Dan Dan Yuan in the amount of $18,312.32, plus pre-judgment interest on $8,031.16 that is calculated from December 18, 2014 to the date judgment is entered; an award of attorneys' fee and costs owed by Defen dants Hiro Sushi at Ollie's Inc., Tao Rong, and Yi Lu in the amount of $30,906.40; and post-judgment interest. The Clerk of Court is further directed to close the motion pending at Docket Number 143, and to close this case. SO ORDERED.. (Signed by Judge John P. Cronan on 7/11/2022) (jca) Transmission to Orders and Judgments Clerk for processing.
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Filing
171
ORDER: It is hereby ORDERED that counsel for Plaintiff Genxiang Zhang shall appear in person for a conference on June 14, 2022, at 3:00 p.m. in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007, to discuss counsels anticipated motion to withdraw. (And as further set forth herein.) SO ORDERED. (Status Conference set for 6/14/2022 at 03:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 6/7/2022) (jca)
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Filing
167
ORDER: The request by Troy Law, PLLC for leave to file a motion to withdraw as counsel for Plaintiff Genxiang Zhang, Dkt. 165, is denied without prejudice. The Court finds that counsels attempts to contact Plaintiff Zhang by sending two text mess ages and making one telephone call over an approximately one-month period is insufficient to demonstrate that Plaintiff Zhang is being uncooperative or that he does not want to be a part of this lawsuit. Counsel also has not indicated whether they communicated their intent to withdraw as counsel to Plaintiff Zhang in this action and whether Plaintiff Zhang consents to the withdrawal. Troy Law, PLLC is hereby directed to confer with Plaintiff Zhang and submit a letter by May 16, 2022, advis ing the Court as to the following: Whether Plaintiff Zhang still intends to prosecute his claims against the three remaining Defendants, Hiro Sushi at Ollies Inc., Tao Rong, and Yi Lu (the "Defaulting Defendants"), and Whether Plaintif f Zhang consents to Troy Law, PLLC's request to withdraw as counsel for Plaintiff Zhang in this action. If Plaintiff Zhang does not intend to pursue his claims against the Defaulting Defendants, counsel shall advise the Court whether Plaintif f Zhang requests dismissal of his claims as to the Defaulting Defendants. If Plaintiff Zhang does intend to pursue his claims against the Defaulting Defendants, counsel shall include a request for an extension of time to file the supplemental decl aration from Plaintiff Zhang. In the event counsel is unable to get in contact with Plaintiff Zhang, the letter shall describe counsel's efforts to contact Plaintiff Zhang, including the method and frequency of their efforts to contact Plaintiff Zhang, and whether counsel notified Plaintiff Zhang of their intent to withdraw. SO ORDERED. (Signed by Judge John P. Cronan on 4/29/2022) (jca)
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Filing
162
ORDER with respect to 161 Letter Motion for Extension of Time to File. Plaintiffs shall appear for a telephone conference on March 29, 2022 at 10:00 a.m. to discuss their request for extension of time to file Plaintiff Genxiang Zhang's supplemental party declaration. At the scheduled time, counsel should call (866) 434-5269, access code 9176261. (Signed by Judge John P. Cronan on 3/28/2022) (tro)
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Filing
160
ORDER: This case was reassigned to the undersigned on September 29, 2020. In light of the undersigned's intention to resolve Plaintiffs' pending requests for damages and attorneys' fees, it is hereby ORDERED that the July 8, 2020 Or der referring this matter to Judge Freeman for consideration of Plaintiffs' motion for attorneys' fees against the Defaulting Defendants is withdrawn. The Clerk of Court is respectfully directed to close the order of referral to Judge Freeman as to Plaintiffs' pending motion for attorneys' fees. SO ORDERED. (Signed by Judge John P. Cronan on 3/28/2022) (jca)
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Filing
159
ORDER Accordingly, it is hereby ORDERED that, by March 28, 2022, Plaintiffs counsel shall file a supplemental party declaration from Genxiang Zhang, in compliance with the Courts March 15, 2022, Order if he seeks damages for the period from September 1, 2015 to December 25, 2015, including his salary for that period, as well as any clarification needed for his salary from December 26, 2015 to December 30, 2015. (Signed by Judge John P. Cronan on 3/24/2022) (mhe)
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Filing
157
ORDER: Accordingly, it is hereby ORDERED that, by March 22, 2022, Plaintiffs shall submit supplemental briefing explaining the basis for their wage notice calculations under N.Y. Lab. Law §§ 195(1) and 198(1-b) for Xinhui Zhang and Yu Zhen Zheng. It is further ORDERED that, by March 22, 2022, Plaintiffs shall submit supplemental party declarations to the extent (1) they are seeking damages for Genxiang Zhang for the period from September 1, 2015 to December 25, 2015, including his salary for that period, as well as any clarification needed for his salary from December 26, 2015 to December 30, 2015, and/or (2) they are seeking wage statement claims under N.Y. Lab. Law §§ 195(3) and 198(1-d) for Genxiang Zhang and/or Dan Dan Yuan. ( As further set forth in this Order.) SO ORDERED. ( Brief due by 3/22/2022.) (Signed by Judge John P. Cronan on 3/15/2022) (vfr)
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Filing
156
JUDGMENT AGAINST DEFENDANTS FREEDOM PLACE REST LLC d/b/a HIRO SUSHI AT OLLIE'S, 39 WEA FOOD GROUP, INC. d/b/a MAH JONG CHINESE KITCHEN ONLY. It is hereby: ORDERED, ADJUDGED, AND DECREED, that for the reasons stated in the offer and acceptance of judgment pursuant to Rule 6, the Clerk shall enter judgment in the amount of Twenty-Five Thousand Dollars ($25,000), jointly and severally against Defendants FREEDOM PLACE REST LLC d/b/a HIRO SUSHI AT OLLIE'S, 39 WEA FOOD GROUP, INC. d/b/a MAH JONG CHINESE KITCHEN only, including attorney's fees and costs now accrued in five (5) equal installments with the following payment schedule: 1. First installment to be paid within 15 days after entry of judgment; 2. Second Installment to be paid within 45 days after entry of judgment; 3. Third installment to be paid within 75 days after entry of judgment. 4. Fourth installment to be paid within 105 days after entry of judgment 5. Fifth installment to be paid within 135 days after ent ry of judgment WHEREAS if any amounts remain unpaid, upon the aforementioned schedule, that post-judgment interest shall accrue pursuant to 28 U.S.C. 1961; and WHEREAS upon the expiration of 90 days following the issuance of judgment, or 90 days afte r expiration of the time of appeal and no appeal is then pending, or 90 days following a default whichever is later, the total amount of judgment shall automatically increase by fifteen percent, as required by NYLL 198(4) of the New York Labor Law. A ccordingly, judgment is entered against Defendants FREEDOM PLACE REST LLC d/b/a HIRO SUSHI AT OLLIES, 39 WEA FOOD GROUP, INC. d/b/a MAH JONG CHINESE KITCHEN only and the case is closed against Defendants FREEDOM PLACE REST LLC d/b/a HIRO SUSHI AT OLLIES, 39 WEA FOOD GROUP, INC. d/b/a MAH JONG CHINESE KITCHEN only. (39 WEA Food Group, Inc. and Freedom Place Rest LLC terminated). (Signed by Judge John P. Cronan on 12/16/2020) (Attachments: #(1) Appeal Package) (rjm)
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Filing
151
ORDER. It is hereby ORDERED as follows: 1. No later than December 11, 2020, the parties are directed to place their proposed settlement agreement before the Court for approval, pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 1999 (2d Cir . 2015), together with a letter explaining why the parties believe the proposed settlement agreement is fair, reasonable, and adequate. This submission should be directed to the Honorable John P. Cronan, U.S.D.J. 2. By that same date, Plaintiffs are directed to inform this Court as to whether, in light of the parties proposed settlement, Plaintiffs are voluntarily withdrawing their pending motion for attorneys' fees and costs as against the defaulting defendants (Dkt. 143), as well as their accompanying request for an assessment of damages to be awarded against those defendants (Dkts. 141, 142). If Plaintiffs report that they still wish to proceed with that motion, then, so as to avoid a double recovery, they should also explain the ex tent, if any, to which the proposed settlement should be viewed as reducing the fees, costs, and/or damages requested on the motion. 3. Plaintiffs' counsel is directed to serve a copy of this Order on any defendants not currently represented by counsel in this action, by the best means reasonably available, and to file proof of such service on the Docket. So ordered. (Signed by Magistrate Judge Debra C. Freeman on 11/24/2020). Copies to: All counsel (via ECF). (rjm)
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Filing
148
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any currently schedu led conference or oral argument before this Court is adjourned pending further order of this Court, but any conference or oral argument before the Magistrate Judge will proceed as ordered. All counsel must familiarize themselves with the Court 9;s Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter, described below, updating the C ourt on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: and further set forth in this Order. (Signed by Judge John Peter Cronan on 10/5/2020) (rro)
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Filing
124
ORDER re: 119 Amended Order Referring Case to Magistrate Judge. This case having been referred to this Court by the Hon. John G. Koeltl, U.S.D.J, for general pretrial supervision (Dkt. 119), and discovery in the action having now been completed, it is hereby ORDERED that counsel shall file a joint status report no later than January 28, 2020, regarding the potential for the settlement of this action. Counsel are also directed to Judge Koeltl's Individual Practices with respect to the filing of motions for summary judgment and the submission of pretrial materials. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 1/23/2020) Copies to All counsel (via ECF). (kv)
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Filing
116
ORDER: The plaintiffs are entitled to a default judgment against the defaulting defendants (1) Hiro Sushi at Ollie's Inc. d/b/a/ Hiro Sushi at Ollie's; (2) Tao Rong a/k/a Cindy Rong; and (3) Yi Lu. The amount of damages has yet to be liquidated. (Signed by Judge John G. Koeltl on 11/26/2019) (va)
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