Su et al v. Hailu Asian Bistro Inc. et al
| Yu Hing Su, Jian Ou and Jian Bin Lin |
| Hailu Asian Bistro Inc., Laoung Yong, Poh Lim, John Marzano, Michael A Marzano and Yee Way Yap |
| 1:2017cv10243 |
| December 31, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
72
CLERK'S AMENDED JUDGMENT re: 71 Order in favor of Jian Ou, Jian Bin Lin, Yu Hing Su against Hailu Asian Bistro Inc. in the amount of $13,570.78. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court 9;s Order dated April 20, 2023, the Court issued an Order [ECF No. 66], which "fully adopted" the Report and Recommendation issued by Magistrate Judge Figueredo. [ECF No. 55]. The Court's Order neglected, however, to expressly state that Plaintiffs shall be awarded attorneys' fees in the amount of $13,170.78 and costs in the amount of $400, as Magistrate Judge Figueredo recommended. The Court thus clarifies that Plaintiffs are entitled to such an award. (Signed by Clerk of Court Ruby Krajick on 4/20/2023) (Attachments: # 1 Appeal Package) (km)
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Filing
66
ORDER ADOPTING REPORT AND RECOMMENDATION for 64 Report and Recommendations. Magistrate Judge Figueredos well-reasoned Report presents no such errors and istherefore fully adopted by this Court.For the reasons stated in the Report, Plaintiff Ji a Bin Lin is hereby awarded $14,473.00 and Plaintiff Jian Ou is awarded $13,864.00. These awards are comprised of unpaid spread-of- hours wages, liquidated damages, and statutory damages. In addition, Plaintiffs are awarded pre- judgme nt interest at the statutory rate of 9% a year, which the Clerk of Court is directed to calculate as follows: for Plaintiff Lin, on the amount of $2,236.50, from June 19, 2017, to the date judgment is entered; and for Plaintiff Ou, on the amount of $1,932.00, from July 5, 2017, to the date judgment is entered. Finally, Post-judgment interest shall be calculated from the day the Clerk of Court enters judgment until the date of payment by Defendant, using the federal interest rate set forth in 28 U.S.C. § 1961. The Clerk of Court respectfully is requested to enter judgment in accordance with this order and to close the case. (Signed by Judge Mary Kay Vyskocil on 3/31/2023) (tro) Transmission to Orders and Judgments Clerk for processing.
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Filing
63
ORDER granting 62 Letter Motion for Extension of Time to File. Application Granted. The Clerk of Court is respectfully directed to close the motion at ECF No. 62. (Signed by Magistrate Judge Valerie Figueredo on 6/13/2022) (rro)
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Filing
61
ORDER: During the telephonic conference on May 23, 2022, Plaintiffs were asked to submit a supplemental affidavit by June 3, 2022. The Court has not received this submission. Plaintiffs are directed to provide any supplemental affidavits to the Court no later than Friday, June 10, 2022. (Signed by Magistrate Judge Valerie Figueredo on 6/7/2022) (rro)
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Filing
60
ORDER RESCHEDULING STATUS CONFERENCE, The telephonic status conference scheduled for Thursday, May 12, 2022, at 2:00 p.m. is hereby rescheduled for Monday, May 23, 2022, at 10:00 a.m. Counsel for the parties are directed to call Judge Figueredo&# 039;s AT&T conference line at the scheduled time. Please dial (888) 808-6929; access code 9781335. SO ORDERED. ( Telephone Conference set for 5/23/2022 at 10:00 AM before Magistrate Judge Valerie Figueredo.) (Signed by Magistrate Judge Valerie Figueredo on 5/17/22) (yv) Modified on 5/17/2022 (yv).
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Filing
56
ORDER re: 43 Declaration in Support of Motion, filed by Jian Bin Lin, Yu Hing Su, Jian Ou, 53 Affirmation, filed by Jian Bin Lin, Jian Ou. Accordingly, it is hereby ORDERED that Plaintiffs shall provide a further supplemental damages submission, no later than February 3, 2021, clarifying the following issues and revising their calculations as necessary: as further set forth herein. Plaintiffs are directed to serve a copy of this Order on Hailu Asian Bistro forthwith, by a means reasonably calculated to reach it, and to file proof of such service on the Docket of this action. If Hailu Asian Bistro wishes to respond to Plaintiffs' supplemental submission, then Hailu Asian Bistro shall submit its response no later than Fe bruary 19, 2021. This Court notes, however, that Hailu Asian Bistro, as a corporate entity, may not appear in this Court without an attorney. For this reason, any response to Plaintiffs' supplemental submission that Hailu Asian Bistro may wish t o file, including any request for a hearing with respect to that submission, must be made through counsel, in order for that response to be considered by this Court. (as further set forth herein). SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 1/20/2021) Copy to: Plaintiffs' Counsel (via ECF) (kv)
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Filing
54
ORDER: IT IS HEREBY ORDERED that the claims of Plaintiff Yu Hing Su are dismissed without prejudice for failure to prosecute. By separate order today, the Court will refer this case to the designated Magistrate Judge, Debra C. Freeman, for an inquest hearing regarding the two remaining Plaintiffs' damages.SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/16/2020) (ama)
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Filing
52
ORDER granting 42 Motion for Default Judgment. On September 16, 2020, Court held a hearing on Plaintiffs' motion for a default judgment solely against the corporate defendant Hailu Asian Bistro, Inc. [ECF #42]. IT IS HEREBY ORDERED that Plaintiffs motion is GRANTED to the following extent. The Court grants judgment in favor of the named Plaintiffs Jian Ou and Jian Bin Lin against defendant Hailu Asian Bistro Inc. on the issue of liability for two years of violations u nder the Fair Labor Standards Act (Count I in the Complaint) and on the issue of liability for the remaining claims in the Complaint. An Inquest is needed to ascertain the amount of damages due to Plaintiffs. IT IS FURTHER ORDERED that on or before October 7, 2020, Plaintiffs must submit documentation to support their calculation of damages and their allegation that Defendants' violations of the Fair Labor Standards Act are willful. (Signed by Judge Mary Kay Vyskocil on 9/16/2020) (mro)
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Filing
46
ORDER: Plaintiff has filed a motion for a default judgment [ECF #42-44]. As required, Plaintiff attempted to serve the motion papers on the defaulting corporate Defendant, doing so by mail. See ECF #45. However, as the Court has previousl y noted, the restaurant is no longer in operation at the address to which Plaintiff mailed the motion papers. See ECF #37 at 1; ECF #41 at 4, n.1. Thus, it appears to the Court that service of the motion papers by mail at that address is n ot effective to put the corporate Defendant on notice of the pending motion. Accordingly, IT IS HEREBY ORDERED that the Plaintiff file a letter, no longer than three pages, on or before August 11, 2020 explaining why service of both the Complaint in this action and the papers concerning the default judgment motion on the corporate Defendant is proper. (Signed by Judge Mary Kay Vyskocil on 8/4/2020) (mro)
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Filing
41
ORDER DENYING MOTION FOR RECONSIDERATION denying 38 Motion for Reconsideration. The Motion for Reconsideration is DENIED. Plaintiffs have stated an intent to file a Motion for a Default Judgment against the Corporate Defendant. Such motion must be filed by the June 30, 2020 deadline previously discussed with Plaintiffs' counsel. (Signed by Judge Mary Kay Vyskocil on 6/29/2020) (mro)
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Filing
36
ORDER: Plaintiffs have filed a motion to affirm that service on Defendants in this action was proper [ECF 33-35]. Upon review, the Court has questions regarding the circumstances of service on Defendants. Accordingly, IT IS HEREBY ORDERED that all Pa rties appear for a hearing regarding Plaintiff's motion. The hearing will be held at 11:00AM on June 10, 2020. The hearing will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. SO ORDERED., Set Dea dlines/Hearing as to 33 MOTION to Approve/Affirmation That Service Has Been Made upon Individual Defendants, Or in The Alternative, For Service of Process by Alternative Means and to Extend the Time to Effectuate Service upon Individual Defendants. :( Motion Hearing set for 6/10/2020 at 11:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 5/28/2020) (ama)
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Filing
26
ORDER OF DISMISSAL... It is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made by A pril 6, 2020. If no such application is made by that date, today's dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004) SO ORDERED., (Motions due by 4/6/2020.) (Signed by Judge Mary Kay Vyskocil on 3/5/20) (yv)
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