Zhang et al v. New Beijing Wok, Inc. et al
| Baoji Zhang and Guo Dong Yao |
| New Beijing Wok, Inc., New Beijing Wok #1 Inc., #1 Beijing Wok Inc., Shanghai Inc., Chai Wai Cheng, Ching Sau Siu, Yao Chor Yeung and Mei Kam Siu |
| 1:2017cv09465 |
| December 3, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E. Caproni |
| 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
108
ORDER granting in part 107 Letter Motion to Adjourn Conference. Application GRANTED IN PART. The status conference scheduled for Friday, December 8, 2023, at 10:00 A.M. is adjourned to Thursday, December 21, 2023, at 2:00 P.M. The conference wi ll be held in person in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. At least one attorney familiar with the matter must attend in person on behalf of the Plaintiff and Ms. Siu. The Court will deny a ny motions to attend the conference remotely or to change the date and time of the conference unless the request includes a mutually agreeable date and time on which both attorneys can appear in person. SO ORDERED. Status Conference set for 12/21/2023 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/7/2023) (mml)
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Filing
106
ORDER: IT IS HEREBY ORDERED that the Court has ancillary jurisdiction over the dispute related to the restraining notice on and contents of the safe deposit box. IT IS FURTHER ORDERED that the parties must appear for a status conference on Friday, D ecember 8, 2023, at 10:00 A.M. The Conference will be held in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. SO ORDERED. ( Status Conference set for 12/8/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/4/2023) (tg)
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Filing
95
AMENDED JUDGMENT amending 89 Clerk's Judgment, in favor of Baoji Zhang, Guo Dong Yao against #1 Beijing Wok Inc., New Beijing Wok #1 Inc., New Beijing Wok, Inc., Shanghai Inc., Chai Wai Cheng, Ching Sau Siu, Mei Kam Siu in the total amount of $ 443,989.12. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 30, 2020, that final judgment is amended pursuant to Fed. R. Civ. P. 60(a) as follows: 1.BAOJI ZHANG a/k/a Baoli Zhan g is entitled to a judgment against NEW BEIJING WOK, INC. d/b/a Beijing Wok and CHAI WAI CHENG a/k/a Chai-Wai Cheng, jointly and severally, in the amount of $158,794.02, of which SHANGHAI INC. d/b/a Shanghai Chinese Restaurant and MEI KAM SIU ar e also jointly and severally liable for $3,342.16; 2.BAOJI ZHANG a/k/a Baoli Zhang is entitled to prejudgment interest against NEW BEIJINGWOK, INC. d/b/a Beijing Wok and CHAI WAI CHENG a/k/a Chai-Wai Cheng, jointly and severally, in the amount o f $41,595.55, of which SHANGHAI INC. d/b/a Shanghai Chinese Restaurant and MEI KAM SIU are also jointly and severally liable for $296.93; 3.GUO DONG YAO is entitled to a judgment against NEW BEIJING WOK, INC. d/b/a Beijing Wok and CHAI WAI CHENG a/k/a Chai-Wai Cheng, jointly and severally, in the amount of $127,409.40, of which SHANGHAI INC. d/b/a Shanghai Chinese Restaurant and MEI KAM SIU are also jointly and severally liable for $2,485.66; 4.GUO DONG YAO is entitled to pre judgment interest against NEW BEIJING WOK, INC. d/b/a Beijing Wok and CHAI WAI CHENG a/k/a Chai-Wai Cheng, jointly and severally, in the amount of $32,821.94, of which SHANGHAI INC. d/b/a Shanghai Chinese Restaurant and MEI KAM SIU are also join tly and severally liable for $129.27; 5.Plaintiffs are entitled to an award of attorneys' fees against NEW BEIJING WOK, INC. d/b/a Beijing Wok and CHAI WAI CHENG a/k/a Chai-Wai Cheng, jointly and severally, for $71,176.75, of which SH ANGHAI INC. d/b/a Shanghai Chinese Restaurant and MEI KAM SIU are also jointly and severally liable for $1,234.37; 6.Plaintiffs are entitled to an award of attorneys' costs against NEW BEIJING WOK, INC. d/b/a Beijing Wok, SHANGHAI INC. d/b/ a Shanghai Chinese Restaurant, CHAI WAI CHENG a/k/a Chai-Wai Cheng, and MEI KAM SIU, jointly and severally, for $4,703.62; and 7. Amended Judgment is hereby entered and the case is closed. (Signed by Clerk of Court Ruby Krajick on 04/02/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
94
ORDER AMENDING JUDGMENT: WHEREAS the Judgment entered on March 4, 2020 (Dkt. 89) contains a clerical error; and WHEREAS Plaintiffs have moved for entry of an amended judgment (Dkt. 93); IT IS HEREBY ORDERED that the final judgment is amende d pursuant to Fed. R. Civ. P. 60(a) as follows: 1. BAOJI ZHANG a/k/a Baoli Zhang is entitled to a judgment against NEW BEIJING WOK, INC. d/b/a Beijing Wok and CHAI WAI CHENG a/k/a Chai-Wai Cheng, jointly and severally, in the amount of $ 158,794.02, of which SHANGHAI INC. d/b/a Shanghai Chinese Restaurant and MEI KAM SIU are also jointly and severally liable for $3,342.16; 2. BAOJI ZHANG a/k/a Baoli Zhang is entitled to prejudgment interest against NEW BEIJING WOK, INC. d /b/a Beijing Wok and CHAI WAI CHENG a/k/a Chai-Wai Cheng, jointly and severally, in the amount of $41,595.55, of which SHANGHAI INC. d/b/a Shanghai Chinese Restaurant and MEI KAM SIU are also jointly and severally liable for $296.93; 3. GUO DONG YAO is entitled to a judgment against NEW BEIJING WOK, INC. d/b/a Beijing Wok and CHAI WAI CHENG a/k/a Chai-Wai Cheng, jointly and severally, in the amount of $127,409.40, of which SHANGHAI INC. d/b/a Shanghai Chinese R estaurant and MEI KAM SIU are also jointly and severally liable for $2,485.66; 4. GUO DONG YAO is entitled to prejudgment interest against NEW BEIJING WOK, INC. d/b/a Beijing Wok and CHAI WAI CHENG a/k/a Chai-Wai Cheng, jointly and severa lly, in the amount of $32,821.94, of which SHANGHAI INC. d/b/a Shanghai Chinese Restaurant and MEI KAM SIU are also jointly and severally liable for $129.27; 5. Plaintiffs are entitled to an award of attorneys fees against NEW BEIJING WOK, INC. d/b/a Beijing Wok and CHAI WAI CHENG a/k/a Chai-Wai Cheng, jointly and severally, for $71,176.75, of which SHANGHAI INC. d/b/a Shanghai Chinese Restaurant and MEI KAM SIU are also jointly and severally liable for $1,234. 37; 6. Plaintiffs are entitled to an award of attorneys' costs against NEW BEIJING WOK, INC. d/b/a Beijing Wok, SHANGHAI INC. d/b/a Shanghai Chinese Restaurant, CHAI WAI CHENG a/k/a Chai-Wai Cheng, and MEI KAM SIU, jointly and severally, for $4,703.62; and 7. The Clerk of the Court is directed to enter the amended judgment as set forth above and to terminate the case. (Signed by Judge Valerie E. Caproni on 3/30/2020) (mro) Transmission to Orders and Judgments Clerk for processing.
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Filing
89
CLERK'S JUDGMENT re: 88 Order in favor of Baoji Zhang against #1 Beijing Wok Inc., New Beijing Wok #1 Inc., New Beijing Wok, Inc., Shanghai Inc., Chai Wai Cheng, Mei Kam Siu; in favor of Baoji Zhang against #1 Beijing Wok Inc., New Beijin g Wok #1 Inc., New Beijing Wok, Inc., Shanghai Inc., Chai Wai Cheng, Mei Kam Siu; in favor of Guo Dong Yao against #1 Beijing Wok Inc., New Beijing Wok #1 Inc., New Beijing Wok, Inc., Shanghai Inc., Chai Wai Cheng, Mei Kam Siu; in favor of Guo Don g Yao against #1 Beijing Wok Inc., New Beijing Wok #1 Inc., New Beijing Wok, Inc., Shanghai Inc., Chai Wai Cheng, Mei Kam Siu; in favor of Baoji Zhang, Guo Dong Yao against #1 Beijing Wok Inc., New Beijing Wok #1 Inc., New Beijing Wok, Inc., Shang hai Inc., Chai Wai Cheng, Mei Kam Siu; in favor of Baoji Zhang, Guo Dong Yao against #1 Beijing Wok Inc., New Beijing Wok #1 Inc., New Beijing Wok, Inc., Shanghai Inc., Chai Wai Cheng, Mei Kam Siu in the amount of $436,501.30. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 3, 2020, 1. Baoji Zhang is entitled to judgment against Beijing Wok in the amount of $158,794.02, of which Shanghai Chinese is jointly and severa lly liable for $3,342.16. 2. Baoji Zhang is entitled to prejudgment interest against Beijing Wok in the amount of $41,595.55, of which Shanghai Chinese is jointly and severally liable for $296.93. 3. Guo Dong Yao is entitled to judg ment against Beijing Wok in the amount of $127,409.40, of which Shanghai Chinese is jointly and severally liable for $2,485.66. 4. Guo Dong Yao is entitled to prejudgment interest against Beijing Wok in the amount of $32,821.94, of which Shanghai Chinese is jointly and severally liable for $129.27. 5. Plaintiffs are entitled to an award of attorneys' fees of $71,176.75, of which Shanghai Chinese is jointly and severally liable for $1,234.37. 6. Plaintiffs are entitled to attorneys' costs of $4,703.64 from Beijing Wok and Shanghai Chinese, jointly and severally; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/4/2020) (Attachments: # 1 Right to Appeal) (km)
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Filing
88
ORDER: IT IS HEREBY ORDERED that: 1. Baoji Zhang is entitled to a judgment against Beijing Wok in the amount of $158,794.02, of which Shanghai Chinese is jointly and severally liable for $3,342.16. 2. Baoji Zhang is entitled to prejudgment interest against Beijing Wok in the amount of $41,595.55, of which Shanghai Chinese is jointly and severally liable for $296.93. 3. Guo Dong Yao is entitled to a judgment against Beijing Wok in the amount of $127,409.40, of which Shan ghai Chinese is jointly and severally liable for $2,485.66. 4. Guo Dong Yao is entitled to prejudgment interest against Beijing Wok in the amount of $32,821.94, of which Shanghai Chinese is jointly and severally liable for $129.27. 5. Plaintiffs are entitled to an award of attorneys fees of $71,176.75, of which Shanghai Chinese is jointly and severally liable for $1,234.37. 6. Plaintiffs are entitled to attorneys costs of $4,703.64 from Beijing Wok and Shanghai Chi nese, jointly and severally. 7. The Clerk of the Court is directed to enter judgment as set forth above and to terminate the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/3/2020) (kv) Transmission to Orders and Judgments Clerk for processing.
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Filing
72
ORDER: IT IS HEREBY ORDERED that judgment as a matter of law pursuant to Fed. R. Civ. P. 50(a) is entered in Plaintiffs' favor against Defendants New Beijing Wok, Inc. and Chai Wai Cheng (collectively, "Beijing Wok") on Counts I throug h V and Counts VIII and IX of the Complaint and against Defendants Shanghai Inc. and Mei Kam Siu (collectively, "Shanghai Chinese") on those same Counts only as to the weeks that the Jury found Shanghai Chinese jointly employed Plaintiffs w ith Beijing Wok. IT IS FURTHER ORDERED that the parties must submit a proposed final judgment of damages, either as a joint stipulation or as a proposal from Plaintiffs including objections, if any, from Defendants, no later than December 13, 2019. I T IS FURTHER ORDERED that Plaintiffs must submit a request, or joint stipulation with Defendants, for attorneys' fees and costs no later than January 3, 2020. SO ORDERED., ( Motions due by 1/3/2020.) (Signed by Judge Valerie E. Caproni on 12/05/2019) (ama)
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Filing
66
ORDER: WHEREAS jury selection and trial are scheduled to begin on December 2, 2019, at 10:00 a.m. in Courtroom 443, 40 Foley Square, New York, NY 10007; and WHEREAS Courtroom 443 is no longer available to hold the proceedings in this case; IT IS HERE BY ORDERED that jury selection and trial will be begin on December 2, 2019, at 10:00 a.m. in Courtroom 15-C, 500 Pearl Street, New York, NY 10007. SO ORDERED., ( Jury Trial set for 12/2/2019 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/27/2019) (ama)
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