Liu et al v. Canteen 82 Inc. et al
| Xiaoyan Liu, Guizhen Li, Liberato Tenelema, Feng Wu Du, Shui Xin Mo, Chong Chen and Jun Geng Li |
| Canteen 82 Inc., Steam Noodle House, Inc., Steamer Dumpling House Inc., Allen Li, P Ching Yep and Song Zheng |
| 1:2017cv07862 |
| October 12, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
149
ORDER: Accordingly, Attorney Qu's motion to withdraw as counsel is GRANTED, and this action is hereby DISMISSED as to Plaintiffs Feng Wu Du and Chong Chen. As all claims have now been resolved, the Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Attorney Ge Qu terminated., Chong Chen (Individually and on Behalf of All Other Employees Similarly Situated) and Feng Wu Du (Individually and on Behalf of All Other Employees Similarly Situated) terminated.) (Signed by Judge Katherine Polk Failla on 6/11/2021) (rro)
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Filing
145
DEFAULT JUDGMENT: Accordingly, it is hereby ORDERED, ADJUDGED and DECREED as follows: That Defendants shall be liable to Plaintiffs Xiaoyan Liu and Liberato Tenelema, jointly and severally, in the amount of $35,092.08 with interest at 9 % from May 26, 2017 up to the date of judgment, amounting to $12,563.93; statutory damages in the amount of $20,000; liquidated damages in the amount of $35,092.08, reasonable attorney's fees in the amount of $37,919.20; plus costs and disbursements of this action in the amount of $1,807.84, amounting in all to $142,475.14. (rro)
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Filing
122
MEMO ENDORSEMENT on NOTICE OF MOTION. ENDORSEMENT: Application GRANTED. Plaintiffs Xiaoyan Liu, Liberato Tenelama, Feng Wu Du, and Chong Chen may pursue default judgment in accordance with the procedure set forth in the Court's Individual Rules of Practice in Civil Cases, Attachment A. All materials should be filed electronically via ECF. So ordered. Granting 120 Motion for Entry of Default. (Signed by Judge Katherine Polk Failla on 2/9/2021) (rjm)
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Filing
117
ORDER: It is the Court's understanding that due to Defendants' failure to participate in this matter, Plaintiffs intend to pursue default judgment. Plaintiffs are hereby ORDERED, on or before February 26, 2021, to move for default judgment or to inform the Court in writing why they have not done so., (Motions due by 2/26/2021.) (Signed by Judge Katherine Polk Failla on 2/3/2021) (nb)
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Filing
114
ORDER: On December 11, 2020, the Court held a hearing on attorney Carolyn Shields's motion to withdraw as counsel for Defendant Allen Li. (Dkt. #111). Ms. Shields's motion is GRANTED. The Clerk of Court is directed to terminate Ms. Shield s as counsel for Defendant Allen Li. As discussed during the conference, Ms. Shields is directed to provide to Plaintiffs' counsel the most recent contact information she has for Defendants Allen Li and Ching Yeh. (Attorney Carolyn J. Shields terminated.) (Signed by Judge Katherine Polk Failla on 12/11/2020) (rro)
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Filing
91
ORDER: Accordingly, the parties are ORDERED to appear for a telephone conference on July 24, 2020, at 11:30 a.m. to discuss Plaintiffs' request for further discovery and Defendants' request to file a motion for partial summary judgment. The dial-in information is as follows: At 11:30 a.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 11:30 a.m. (Telephone Conference set for 7/24/2020 at 11:30 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/10/2020) (jwh)
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Filing
86
ORDER: The parties in this matter are hereby ORDERED to provide an update regarding the status of their settlement on or before June 26, 2020. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/9/2020) (ks)
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Filing
78
ORDER granting 77 Letter Motion for Extension of Time to File. Application GRANTED. However, no further extensions will be granted. (Signed by Judge Katherine Polk Failla on 3/2/2020) (rro)
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Filing
76
ORDER: Accordingly, the parties are ORDERED to meet and confer with regard to whether this case can be settled without respect to the three Plaintiffs who have not signed the settlement agreement. On or before February 28, 2020, the parties must either submit the settlement agreement for Cheeks review or submit a letter proposing how the parties would like to proceed with the case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/12/2020) (jca)
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Filing
75
ORDER: granting 74 Letter Motion for Extension of Time to File. Application Granted. No further extensions will be granted. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/21/2020) (ama)
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Filing
71
ORDER: On December 12, 2019, the Court was notified that the parties reached a settlement on all issues in mediation. (Minute Entry for 12/12/19). The parties are hereby ORDERED to submit their settlement agreement by December 20, 2019 for the Court's review in light of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/13/2019) (rro)
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Filing
44
OPINION AND ORDER re: 35 MOTION to Dismiss . filed by Yeh Ching, Steamer Dumpling House Inc., Allen Li, P Ching Yep, Steam Noodle House, Inc., Canteen 82 Inc. For the reasons set forth above, the Moving Defendants' mot ion to dismiss for lack of personal jurisdiction is DENIED; their motion to dismiss for insufficiency of service of process is DENIED; and their motion to dismiss Plaintiffs' NYLL claims against the out-of-state Corporate Defendants is GRANTED. Plaintiffs' NYLL claims against Steam Darien and Steam Restaurant - found in Counts II, III, IV, and V of the Complaint - are dismissed with prejudice. The Clerk of Court is directed to terminate the motion at Docket Entry 35. Per the Court's individual rules, the parties are ORDERED to submit a case management plan on or before December 28, 2018. (Signed by Judge Katherine Polk Failla on 10/20/2018) (rro)
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