Law v. AAE Express (NY) Corp.
| Sing Chuen Law |
| AAE Express (NY) Corp., AAE Express (SOHO) Corp., Wayne Wang, Curt Meltzer, American Asia Express Corp., Xiao Ping Geng, Sean Jing, AAE Express (LA) Corp., AAE Express (SF) Inc., AAE Corp., He Xin Zhang, Global Express International, Inc., AAE Group, LTD, AAE Express Enterprise, Inc., Xun Jing, AAE Express (NJ) Corp., AAE Express (Queens) Corp., AAE Express (Downtown) Corp., AAE Express Corp. and AAE Systems Corp. |
| 1:2017cv10248 |
| December 31, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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This docket was last retrieved on December 17, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 12/6/2019 at 10:00 AM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(smc) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/4/2019.(mf) |
| Filing 91 MEMO ENDORSEMENT on re: #89 Letter filed by Sing Chuen Law. ENDORSEMENT: The Court has reviewed this submission and spoken with Defense counsel, who made clear that his client consents to mediation, provided that in the event mediation fails, he will preserve his right to move forward with summary judgment briefing. With this understanding, the Court will issue a referral to the District's mediation program under separate cover. (Signed by Judge Katherine Polk Failla on 9/13/2019) (rro) |
Filing 90
MEDIATION REFERRAL ORDER: The Court is in receipt of the Plaintiff's letter. (Dkt. #89). The Court has noted the parties' request for a referral to the Court's mediation program. Accordingly, it is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 9/23/2019. Mediator Expertise Request due by 9/18/2019. (Signed by Judge Katherine Polk Failla on 9/13/2019) (rro)
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| Filing 89 LETTER addressed to Judge Katherine Polk Failla from John Troy dated September 09, 2019 re: Parties' settlement positions or move forward with motion practice. Document filed by Sing Chuen Law.(Troy, John) |
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Filing 88
ORDER denying #87 Letter Motion for Extension of Time to Complete Discovery. Application DENIED. The Court informed the parties that further discovery extensions would not be granted. (Dkt. #86). The opt-in Plaintiffs filed their consent forms in May. (Dkt. #83, 84). If Plaintiff's attorney has been unable to contact them in the past three months, it is unclear what purpose would be served through another extension. Accordingly, the Court declines to extend discovery. Discovery shall close on August 30, 2019, and on or before September 9, 2019, Plaintiff is to submit a letter as to all parties' positions regarding settlement with the Magistrate Judge or Meditation Unit, or if the parties want to move forward with motion practice. So Ordered. (Signed by Judge Katherine Polk Failla on 8/21/2019) (js)
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| Filing 87 SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from John Troy dated August 21, 2019. Document filed by Sing Chuen Law.(Troy, John) |
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Filing 86
ORDER granting in part #85 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED in part. The Court will allow a limited extension of discovery on the two Plaintiffs who joined the class on May 2, 2019. (Dkt. #83, 84). However, the Court declines to grant the full extension, as Plaintiffs have already been in the case for nearly 90 days. The Court instead shall provide 30 days to conclude discovery with respect to to the final two Plaintiffs. Discovery shall hereby conclude on or before August 30, 2019. On or before September 9, 2019, Plaintiff is to submit a letter as to all parties' positions regarding settlement with the Magistrate Judge or Meditation Unit, or if the parties want to move forward with motion practice. No further extensions or modifications will be granted. SO ORDERED. Discovery due by 8/30/2019. (Signed by Judge Katherine Polk Failla on 7/30/2019) (kv)
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| Filing 85 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Daniel L. Millman, Esq. dated July 30, 2019. Document filed by AAE Express (Downtown) Corp., AAE Express (NJ) Corp., AAE Express (Queens) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang, He Xin Zhang.(Millman, Daniel) |
| Filing 84 CONSENT TO JOIN CLASS. Document filed by Sing Chuen Law.(Troy, John) |
| Filing 83 CONSENT TO JOIN CLASS. Document filed by Sing Chuen Law.(Troy, John) |
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Filing 82
MEMO ENDORSEMENT on re: #81 Letter filed by Sing Chuen Law. ENDORSEMENT: The Court has reviewed the above submission from Plaintiff as well as the submission of Defendant AAE Express (Soho) Corp. (Dkt. #79). The Court understands the parties to agree that AAE Express (Soho) Corp. should be dismissed from the case without prejudice. Therefore, the Court ORDERS the Clerk of Court to terminate AAE Express (Soho) Corp. from the case. Furthermore, based on the communications from the parties, the Court understands that Defendant He Xin Zhang was improperly identified in prior order as the same person as the non-party Elin Zhang. (See Dkt. #79). Defendant He Xin Zhang remains a party in the case and remains represented by counsel. The Clerk of Court is directed to restore Mr. Daniel Logan Millman as counsel to Defendant He Xin Zhang. (AAE Express (SOHO) Corp. terminated.) (Signed by Judge Katherine Polk Failla on 5/1/2019) (rro)
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| Filing 81 LETTER addressed to Judge Katherine Polk Failla from John Troy dated 04-30-2019 re: Defendant's Letter Dated April 11, 2019. Document filed by Sing Chuen Law.(Troy, John) |
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Filing 80
MEMO ENDORSEMENT on re: #79 Letter. ENDORSEMENT: The Court has received this letter via regular mail from Defendant AAE Express (SoHo) Corp. ("AAE Express"), requesting dismissal from the case. The Court will construe this letter as a pre-motion letter, requesting leave to file a motion for judgment on the pleadings, as the time for Defendant to file a motion to dismiss has passed. Plaintiff has not responded to this request. The Court ORDERS Plaintiff to file a letter in response on or before April 30, 2019, explaining their position on maintaining AAE Express in this case. If Plaintiff expresses its opposition, the Court will schedule a pre-motion conference in response. (Signed by Judge Katherine Polk Failla on 4/25/2019) (rro)
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| Filing 79 LETTER addressed to Judge Katherine Polk Failla from Winnie Mok dated 4/11/2019 re: respectfully requested that all the charges against AAE Express (SoHo) Corp. be dismissed. (rro) |
| Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 77 TRANSCRIPT of Proceedings re: conference held on 3/8/2019 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2019. Redacted Transcript Deadline set for 5/9/2019. Release of Transcript Restriction set for 7/8/2019.(McGuirk, Kelly) |
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Filing 76
PUBLICATION ORDER: IT IS HEREBY ORDERED that: Within fifteen (15) days after entry of this Order, Defendants shall furnish to Plaintiff's counsel and the designated notice administrator an Excel spreadsheet containing: and further set forth in this Order. The Court approves the form of Notice of Pendency and Consent to Joinder, and finds that the mailing of such Notice substantially in the manner and form set forth in paragraph 1 of this Order will constitute the best notice practicable under the circumstances to members of the Class. A copy of the notice will be posted in the agreed upon areas. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/11/2019) (rro)
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| Filing 75 NOTICE of Joint Revised Proposed Publication Order per Judge's Order dated February 25, 2019 re: #67 Order on Motion for Conference,,,,,,,,,,. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 74 NOTICE of Revised Notice of Pendency per Court Order dated February 25, 2019 re: #67 Order on Motion for Conference,,,,,,,,,,. Document filed by Sing Chuen Law. (Troy, John) |
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Filing 73
ORDER granting #72 Letter Motion to Adjourn Conference. Application GRANTED. The conference previously scheduled for 4:00 p.m. on March 8, 2019, is hereby rescheduled for 12:00 p.m. on the same date. SO ORDERED. (Pretrial Conference set for 3/8/2019 at 12:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/8/2019) (rro)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Pretrial Conference held on 3/8/2019. Attorney Aaron B. Schweitzer representing Plaintiff present. Attorney Daniel Logan Millman representing American Asia Express Corp., AAE Express (Downtown) Corp., AAE Express (Queens) Corp., Global Express International, Inc., AAW Express (NJ) Corp., Xun Jing, Wayne Wang, and Xiao Ping Geng, present. Attorney Winnie Wai Ching Mok representing AAE Express (SOHO) Corp. partially present by telephone. Fact discovery is due by 7/31/2019. On or before August 9, 2019, Plaintiff is to submit a letter as to all parties' positions regarding settlement with the Magistrate Judge or Meditation Unit, or if the parties want to move forward with motion practice. Plaintiff is to order a copy of today's transcript. (Court Reporter Steven Greenblum) (tn) |
| Filing 72 EMERGENCY MOTION to Adjourn Conference / Reschedule the Conference to an Earlier Time of the Same Day. Document filed by Sing Chuen Law.(Troy, John) |
| Filing 71 NOTICE OF APPEARANCE by Aaron B. Schweitzer on behalf of Sing Chuen Law. (Schweitzer, Aaron) |
| Filing 70 STATUS REPORT. Document filed by Sing Chuen Law.(Troy, John) |
| Filing 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/16/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 68 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/16/2019 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/19/2019. Redacted Transcript Deadline set for 3/29/2019. Release of Transcript Restriction set for 5/28/2019.(McGuirk, Kelly) |
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Filing 67
ORDER REGARDING NOTICE OF PENDENCY AND PUBLICATION ORDER granting #66 Letter Motion for Conference. On February 18, 2019, the Court received a joint letter from the parties requesting the Court resolve the parties' disputes regarding the finalized notice of pendency and publication order in this case. (Dkt. #66). After consideration of the parties' written submissions, the Court ORDERS the parties' publication order and notice of pendency to reflect the following changes. In the proposed notice of pendency (Dkt. #66-2, 66-4), the Court ORDERS the finalized notice to contain the individual defendants' names, in case any employee knows the name of their employer but not the name of their company. The Court agrees with the Defendants that the addresses following the corporate entities are unnecessary due to the address information in the introductory paragraph, and ORDERS their removal from the finalized notice. In the proposed publication order (Dkt. #66-1, 66-3), the Court ORDERS the following changes. The Court ORDERS the Defendants to provide the requested internet application usernames as described in paragraph 1.e of Plaintiff's proposed order. However, the Court ORDERS that publication be made in the following manner. The Court ORDERS the notice be made by mail in the first instance. In the event that mail is returned or a street address for the employee is unavailable, the Court ORDERS the notice be sent by email. If the email is undeliverable and results in a bounce back and no alternative email address is available, the Court ORDERS Plaintiff's suggested internet applications be used for service. The Court ORDERS the notice be provided in English and Chinese. The Court ORDERS the parties to retain the language in Plaintiff's paragraphs 5 and 6, but ORDERS the parties to add Defendants' language providing an opportunity for Defendants to demonstrate that the failure was not the result of any misconduct on their part. The Court ORDERS the parties to maintain paragraphs 7 and 8, but to change the word "will" to the word "may" in both paragraphs. As the Court has provided its own instructions for service, the Court considers paragraph 9 unnecessary and ORDERS it be removed. The Court believes that these decisions resolve all disputes between the parties and ORDERS them to finalize the publication order and notice of pendency in accordance with these changes. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/25/2019) (rro)
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| Filing 66 JOINT LETTER MOTION for Conference to Address Remaining Disputes over Revised Notice of Pendency with Consent to Join Form and Proposed Publication Order, Telephone Conference addressed to Judge Katherine Polk Failla from John Troy dated February 28, 2019. Document filed by Sing Chuen Law. (Attachments: #1 Exhibit 01 Plaintiff's Proposed Publication Order, #2 Exhibit 02 Plaintiff's Proposed Notice of Pendency, #3 Exhibit 03 Defendants' Revised Proposed Publication Order, #4 Exhibit 03 Defendants' Revised Proposed Notice of Pendency)(Troy, John) |
| Filing 65 NOTICE OF APPEARANCE by Winnie Wai Ching Mok on behalf of AAE Express (SOHO) Corp.. (Mok, Winnie) |
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Filing 64
ORDER granting #60 Motion to Withdraw as Attorney; granting #62 Motion to Compel. After consideration of the parties' written submissions and the arguments of counsel at the telephonic conference held on January 16, 2019, the Court hereby GRANTS Mr. Millman's motion to withdraw as counsel (Dkt. #60) for Defendants He Xin (Eling) Zhang and AAE Express (Soho) Corp. As a final act before withdrawal, Mr. Millman is instructed to transmit a copy of this Order to Ms. Zhang. The Court also GRANTS Plaintiff's request to extend discovery and to compel Ms. Zhang to appear for a deposition. (Dkt. #62). Mr. Millman informed the Court that Ms. Zhang is returning to the United States on January 24, 2019. Therefore, Ms. Zhang is ORDERED to appear for a deposition on January 28, 2019, at the offices of Plaintiff's counsel. Plaintiff's counsel is instructed to inform the Court if Ms. Zhang does not appear, and Ms. Zhang is advised that her failure to appear for her deposition, which has been repeatedly rescheduled, this may lead the Court to impose sanctions for her failure to comply with a discovery order of this Court pursuant to Federal Rule of Civil Procedure 37 and the Court's inherent powers. These sanctions may include the imposition of costs incurred by Plaintiff as a result of Ms. Zhang's failures to comply, and may also include the entry of a default judgment against Ms. Zhang or the company for which she serves as corporate representative, AAE Express (SOHO) Corp. Ms. Zhang is advised to consider the retention of new counsel to represent her at her deposition; while she is permitted to proceed pro se in this case, corporate parties such as AAE Express (Soho) Corp. are not. The Court hereby extends the discovery deadlines in the case as follows. The deadline for fact discovery in the case is hereby extended until February 28, 2019. Expert discovery is hereby extended until April 19, 2018. The pretrial conference previously scheduled for January 20, 2019, is hereby ADJOURNED until March 8, 2019, at 4:00 p.m. A joint letter regarding the status of the case (including the information outlined on page 7 of the Case Management Plan previously filed in this case) is due on or before March 1, 2019. The Clerk of Court is directed to terminate the motions at docket entries 60 and 62. SO ORDERED. (Attorney Daniel Logan Millman terminated.) (Signed by Judge Katherine Polk Failla on 1/16/2019) (rro) (Main Document 64 replaced on 1/17/2019) (rro).
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| Set/Reset Deadlines: (Deposition due by 1/28/2019., Fact Discovery due by 2/28/2019.), Set/Reset Hearings:(Pretrial Conference set for 3/8/2019 at 04:00 PM before Judge Katherine Polk Failla.) (rro) |
| Set/Reset Deadlines: Expert Discovery due by 4/19/2019. (rro) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 1/16/2019. Attorney John Troy representing Plaintiff present. Attorney Daniel Logan Millman representing American Asia Express Corp., AAE Express (Downtown) Corp., AAE Express (Queens) Corp., AAE Express (SOHO) Corp., Global Express International, Inc., AAE Express (NJ) Corp., Xun Jing, He Xin Zhang, Wayne Wang, Xiao Ping Geng, present. Mr. Millman's application to withdraw as attorney is granted (see Order). Deposition of Eling Zhang due by 1/28/2019. Fact Discovery is due by 2/28/2019. The conference currently scheduled for 1/29/2019 at 3:00 p.m. is adjourned to 3/8/2019 at 4:00 p.m. Joint letter regarding the status of the case (including the information outlined on the botom of page 7 of the Case Management Plan) due by Friday, 3/1/2019. Defendant to order a copy of the transcript for today's proceeding. (See transcript). (Deposition due by 1/28/2019. Fact Discovery due by 2/28/2019, Post-Fact Discovery Conference set for 3/8/2019 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.). (Court Reporter Lisa Smith) (tn) |
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Filing 63
ORDER with respect to #60 Motion to Withdraw as Attorney. ; granting #61 Motion to Seal Document ; with respect to #62 Letter Motion to Compel. The Court hereby GRANTS the request to file a document under seal, for in camera review. Mr. Millman is directed to email said document directly to Chambers. With respect to the motion to withdraw and the request to extend discovery, the Court believes a telephone conference is necessary to bring clarity to the situation. The Court wishes to hear from Plaintiff's counsel, Mr. Millman, and Ms. Zhang. Accordingly, they are hereby ORDERED to appear for a telephonic conference on January 16, 2019, at 2:30 p.m. At the scheduled time, counsel for the Plaintiff, Mr. Millman and Eling Zhang shall call Chambers at (212) 805-0290, with all parties on a single line. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/11/19) (yv)
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| Filing 62 FIRST LETTER MOTION to Compel ELING ZHANG to Produce for Deposition by Plaintiff addressed to Judge Katherine Polk Failla from John Troy dated 01-10-2019. Document filed by Sing Chuen Law. (Attachments: #1 Exhibit Plaintiffs Discovery Demands, #2 Exhibit Email Conversation on Request for Defendants Discovery Responses, #3 Exhibit Defendant Eling Zhang Deposition Cancelled on December 11, 2018, #4 Exhibit Defendant Eling Zhang Deposition Cancelled on December 18, 2018)(Troy, John) |
| Filing 61 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Seal Document #60 MOTION for Daniel L. Millman, Esq., P.C. to Withdraw as Attorney for defendant AAE-Soho. . Document filed by AAE Express (Downtown) Corp., AAE Express (NJ) Corp., AAE Express (Queens) Corp., AAE Express (SOHO) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang, He Xin Zhang. (Attachments: #1 Affirmation in Support)(Millman, Daniel) Modified on 1/29/2019 (db). |
| Filing 60 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Daniel L. Millman, Esq., P.C. to Withdraw as Attorney for defendant AAE-Soho. Document filed by AAE Express (Downtown) Corp., AAE Express (NJ) Corp., AAE Express (Queens) Corp., AAE Express (SOHO) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang, He Xin Zhang. (Attachments: #1 Memo of Law)(Millman, Daniel) Modified on 1/29/2019 (db). |
| Filing 59 NOTICE of Objection to Notice-Publication re: #58 Notice (Other). Document filed by AAE Express (Downtown) Corp., AAE Express (NJ) Corp., AAE Express (Queens) Corp., AAE Express (SOHO) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang, He Xin Zhang. (Millman, Daniel) |
| Filing 58 NOTICE of Plaintiffs Submissions of Revised Notice of Pendency. Document filed by Sing Chuen Law. (Attachments: #1 Exhibit Revised Publication Order)(Troy, John) |
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Filing 56
OPINION AND ORDER re: #46 MOTION to Certify Class filed by Sing Chuen Law. For the reasons set forth above, Plaintiff's motion is GRANTED, but solely as to clerical workers employed at Defendants' Queens and Midtown locations on or after January 8, 2015. Plaintiff is hereby ORDERED to revise the Proposed Notice and Consent to Sue form and the Proposed Publication Order within seven days of the date of this Order. To the extent not previously done, Defendants are ORDERED to provide Plaintiff with the names, addresses, telephone numbers, email addresses, and dates and positions of employment of potential collective members within 15 days of the date of this Order. Plaintiff is further ORDERED to mail the final Notice and Consent to Sue form no later than 30 days after Defendants produce the names and relevant information for potential collective members. The Clerk of Court is directed to terminate the motion at Docket Entry 46. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/4/2018) (anc)
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Filing 57
ORDER withdrawing #52 Motion to Withdraw as Attorney; granting #55 Letter Motion for Conference: Application GRANTED. The telephonic conference, previously scheduled for October 5, 2018, is ADJOURNED sine die. The Clerk of Court is directed to terminate Docket Entries 52 and 55. (Signed by Judge Katherine Polk Failla on 10/3/2018) (jwh)
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| Filing 55 LETTER MOTION for Conference Cancellation - Withdrawal of Motion addressed to Judge Katherine Polk Failla from Daniel L. Millman, Esq. dated October 3, 2018. Document filed by AAE Express (NJ) Corp., AAE Express (Queens) Corp., AAE Express (SOHO) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang, He Xin Zhang.(Millman, Daniel) |
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Filing 54
ORDER granting #53 Motion to Seal Document. The Court is in receipt of a motion for Daniel Millman to withdraw as attorney for Defendant AAE Express (Soho), Corp. (Dkt. #52), as well as a motion to file a document for in camera review in connection thereto (Dkt. #53). The Court hereby grants the request to file a document under seal, for in camera review. Mr. Millman is directed to email said document directly to Chambers. With respect to the motion to withdraw, the Court cannot decide the matter on the papers submitted, and will need to hear from Mr. Millman and Eling Zhang, President of AAE Express (Soho), Corp. Accordingly, Mr. Millman and Eling Zhang are hereby ORDERED to appear for a telephonic conference on October 5, 2018, at 10:00 a.m. At the scheduled time, Mr. Millman and Eling Zhang shall call Chambers at (212) 805-0290, with all parties on a single line. The Clerk of Court is directed to terminate Docket Entry 53. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/24/2018) (rro)
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| Set/Reset Hearings: Telephone Conference set for 10/5/2018 at 10:00 AM before Judge Katherine Polk Failla. (rro) |
| Filing 53 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Seal Document #52 MOTION for Daniel L. Millman to Withdraw as Attorney FOR DEF AAE(SOHO) ONLY. . Document filed by AAE Express (SOHO) Corp.. (Attachments: #1 Affidavit)(Millman, Daniel) Modified on 9/26/2018 (db). |
| Filing 52 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Daniel L. Millman to Withdraw as Attorney FOR DEF AAE(SOHO) ONLY. Document filed by AAE Express (SOHO) Corp.. (Attachments: #1 Memo of Law)(Millman, Daniel) Modified on 9/26/2018 (db). |
| Filing 51 NOTICE of Courtesy Copy Hand-Delivered on August 2, 2018 re: #50 Reply Memorandum of Law in Support of Motion, #46 MOTION to Certify Class ., #49 Affirmation in Opposition to Motion,, #48 Memorandum of Law in Support of Motion, #47 Declaration in Support of Motion,. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 50 REPLY MEMORANDUM OF LAW in Support re: #46 MOTION to Certify Class . Conditional Collective Certification. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 49 AFFIRMATION of Daniel L. Millman, Esq. in Opposition re: #46 MOTION to Certify Class .. Document filed by AAE Express (Downtown) Corp., AAE Express (NJ) Corp., AAE Express (Queens) Corp., AAE Express (SOHO) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang, He Xin Zhang. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Memo of Law in Opp)(Millman, Daniel) |
| Filing 48 MEMORANDUM OF LAW in Support re: #46 MOTION to Certify Class . . Document filed by Sing Chuen Law. (Troy, John) |
| Filing 47 DECLARATION of John Troy in Support re: #46 MOTION to Certify Class .. Document filed by Sing Chuen Law. (Attachments: #1 Exhibit 1 Complaint, #2 Exhibit 2 Proposed Notice of Pendancy, #3 Exhibit 3 Proposed Publication Order, #4 Exhibit 4 Affidavit of Plaintiff Sing Chuen Law in Support of Plaintiff's Motion for Conditional Collective Certification)(Troy, John) |
| Filing 46 MOTION to Certify Class . Document filed by Sing Chuen Law.(Troy, John) |
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Filing 45
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 1/15/2019. Deposition due by 1/15/2019. This case is not to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 5 days. Pretrial Conference set for 1/29/2019 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/24/2018) (rro)
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| Filing 44 ANSWER to #1 Complaint,,,,,. Document filed by AAE Express (Downtown) Corp., AAE Express (NJ) Corp., AAE Express (SOHO) Corp., He Xin Zhang.(Millman, Daniel) |
| Filing 43 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AAE Express (Downtown) Corp., AAE Express (NJ) Corp., AAE Express (SOHO) Corp..(Millman, Daniel) |
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Filing 42
ORDER denying #40 Letter Motion for Extension of Time to Answer. Application DENIED. When the Court granted Defendants AAE Express (Downtown) Corp., AAE Express (Soho) Corp., AAE Express (NJ) Corp., and He Xin Zhang's previous request for an extension, it explicitly stated that no further extensions would be granted. (Dkt. #39). Defendants have failed to file their response by May 11, 2018, as required. Having already indicated that it would not grant further extensions, the Court will not now grant Defendants' late-filed request for an extension. The Court expects Defendants to file their Answer or other response as soon as possible, and no later than May 21, 2018. (Signed by Judge Katherine Polk Failla on 5/18/2018) (mro)
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| Set/Reset Deadlines: AAE Express (Downtown) Corp. answer due 5/21/2018; AAE Express (NJ) Corp. answer due 5/21/2018; AAE Express (Queens) Corp. answer due 5/21/2018; AAE Express (SOHO) Corp. answer due 5/21/2018; American Asia Express Corp. answer due 5/21/2018; Xiao Ping Geng answer due 5/21/2018; Global Express International, Inc. answer due 5/21/2018; Xun Jing answer due 5/21/2018; Wayne Wang answer due 5/21/2018; He Xin Zhang answer due 5/21/2018. (mro) |
| Filing 41 LETTER addressed to Judge Katherine Polk Failla from Daniel L. Millman, Esq. dated May 18, 2018 re: in lieu of Joint Letter. Document filed by AAE Express (Downtown) Corp., AAE Express (NJ) Corp., AAE Express (Queens) Corp., AAE Express (SOHO) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang, He Xin Zhang. (Attachments: #1 Defendant's Prop CCMP, #2 Plaintiff's Prop CCMP)(Millman, Daniel) |
| Filing 40 LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine Polk Failla from Daniel L. Millman, Esq. dated May 18, 2018. Document filed by AAE Express (Downtown) Corp., AAE Express (NJ) Corp., AAE Express (SOHO) Corp., He Xin Zhang.(Millman, Daniel) |
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time to Answer. Application GRANTED. Per the parties' stipulation (Dkt. #38), the time for AAE Express (Downtown) Corp., AAE Express (Soho) Corp., AAE Express (NJ) Corp., and He Xin Zhang to respond to the complaint is EXTENDED to May 11, 2018. Accordingly, the initial pretrial conference, previously scheduled for May 10, 2018, is hereby ADJOURNED to May 23, 2018, at 4:00 p.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. No further extensions will be granted. SO ORDERED. (AAE Express (Downtown) Corp. answer due 5/11/2018; AAE Express (NJ) Corp. answer due 5/11/2018; AAE Express (SOHO) Corp. answer due 5/11/2018; He Xin Zhang answer due 5/11/2018.) (Signed by Judge Katherine Polk Failla on 4/30/2018) (anc)
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| Filing 38 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,,,, addressed to Judge Katherine Polk Failla from Daniel L. Millman, Esq. dated April 30, 2018. Document filed by AAE Express (Downtown) Corp., AAE Express (NJ) Corp., AAE Express (SOHO) Corp., He Xin Zhang.(Millman, Daniel) |
| Set/Reset Hearings: Initial Conference set for 5/23/2018 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (anc) |
| Filing 37 NOTICE OF APPEARANCE by Daniel Logan Millman on behalf of AAE Express (NJ) Corp.. (Millman, Daniel) |
| Filing 36 NOTICE OF APPEARANCE by Daniel Logan Millman on behalf of AAE Express (Downtown) Corp., AAE Express (SOHO) Corp., He Xin Zhang. (Millman, Daniel) |
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Filing 35
ORDER granting #34 Letter Motion to Adjourn Conference: Application GRANTED. The initial pretrial conference, previously scheduled for April 18, 2018, is hereby ADJOURNED to May 10, 2018, at 4:00 p.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. No further extensions will be granted.(Initial Conference set for 5/10/2018 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/17/2018) (jwh) Modified on 6/11/2018 (jwh).
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| Filing 34 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Daniel L. Millman, Esq. dated April 17, 2018. Document filed by AAE Express (Queens) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang.(Millman, Daniel) |
| Filing 33 SUMMONS RETURNED EXECUTED. Xiao Ping Geng served on 1/22/2018, answer due 2/12/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 32 SUMMONS RETURNED EXECUTED. Wayne Wang served on 1/22/2018, answer due 2/12/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 31 SUMMONS RETURNED EXECUTED. Sean Jing served on 1/22/2018, answer due 2/12/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 30 SUMMONS RETURNED EXECUTED. He Xin Zhang served on 1/22/2018, answer due 2/12/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 29 SUMMONS RETURNED EXECUTED. Curt Meltzer served on 1/22/2018, answer due 2/12/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 28 SUMMONS RETURNED EXECUTED. Xun Jing served on 1/22/2018, answer due 2/12/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 27 SUMMONS RETURNED EXECUTED. AAE Express (SF) Inc. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 26 SUMMONS RETURNED EXECUTED. AAE Express (LA) Corp. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 25 SUMMONS RETURNED EXECUTED. AAE Express (NJ) Corp. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 24 SUMMONS RETURNED EXECUTED. Global Express International, Inc. served on 1/22/2018, answer due 2/12/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 23 SUMMONS RETURNED EXECUTED. AAE Express Enterprise, Inc. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 22 SUMMONS RETURNED EXECUTED. AAE Express (SOHO) Corp. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 21 SUMMONS RETURNED EXECUTED. AAE Express (Queens) Corp. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 20 SUMMONS RETURNED EXECUTED. AAE Express (NY) Corp. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 19 SUMMONS RETURNED EXECUTED. AAE Express (Downtown) Corp. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 18 SUMMONS RETURNED EXECUTED. American Asia Express Corp. served on 1/22/2018, answer due 2/12/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 17 SUMMONS RETURNED EXECUTED. AAE Systems Corp. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 16 SUMMONS RETURNED EXECUTED. AAE Group, LTD served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 15 SUMMONS RETURNED EXECUTED. AAE Express Corp. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 14 SUMMONS RETURNED EXECUTED. AAE Corp. served on 1/22/2018, answer due 3/5/2018. Service was accepted by Jessica, Manager. Service was made by MAIL. Document filed by Sing Chuen Law. (Troy, John) |
| Filing 13 ANSWER to #1 Complaint,,,,,. Document filed by AAE Express (Queens) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang.(Millman, Daniel) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AAE Express (Queens) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang.(Millman, Daniel) |
| Filing 11 STIPULATION EXTENDING TIME TO ANSWER: It is hereby stipulated and agreed by and between the undersigned attorney for Plaintiff, Sing Chuen Law, and the undersigned attorney for defendants American Asia Express Corp., AAE Express (Queens) Corp., Global Express international, Inc., Xun Jing, Wayne Wang and Xiao Ping Geng (hereinafter collectively referred to as the "AAE-Global Defendants"), that the time for the AAE-Global Defendants to answer the complaint is hereby extended to March 5, 2018. Corp. answer due 3/5/2018; AAE Express (Downtown) Corp. answer due 3/5/2018; AAE Express (LA) Corp. answer due 3/5/2018; AAE Express (NJ) Corp. answer due 3/5/2018; AAE Express (NY) Corp. answer due 3/5/2018; AAE Express (Queens) Corp. answer due 3/5/2018; AAE Express (SF) Inc. answer due 3/5/2018; AAE Express (SOHO) Corp. answer due 3/5/2018; AAE Express Corp. answer due 3/5/2018; AAE Express Enterprise, Inc. answer due 3/5/2018; AAE Group, LTD answer due 3/5/2018; AAE Systems Corp. answer due 3/5/2018. (Signed by Judge Katherine Polk Failla on 2/16/2018) (js) |
| Filing 10 LETTER addressed to Judge Katherine Polk Failla from Daniel L. Millman, Esq. dated February 16, 2018 re: Stipulation Extending Time to Answer Complaint. Document filed by AAE Express (Queens) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang.(Millman, Daniel) |
| Filing 9 LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine Polk Failla from Daniel L. Millman, Esq. dated February 12, 2018. Document filed by AAE Express (Queens) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang.(Millman, Daniel) |
| Filing 8 NOTICE OF APPEARANCE by Daniel Logan Millman on behalf of AAE Express (Queens) Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Xun Jing, Wayne Wang. (Millman, Daniel) |
| Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/18/2018 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 2/7/2018) (kgo) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to AAE Corp., AAE Express (Downtown) Corp., AAE Express (LA) Corp., AAE Express (NJ) Corp., AAE Express (NY) Corp., AAE Express (Queens) Corp., AAE Express (SF) Inc., AAE Express (SOHO) Corp., AAE Express Corp., AAE Express Enterprise, Inc., AAE Group, LTD, AAE Systems Corp., American Asia Express Corp., Xiao Ping Geng, Global Express International, Inc., Sean Jing, Xun Jing, Curt Meltzer, Wayne Wang, He Xin Zhang. (sj) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to AAE CORP. d/b/a AAE Global Express; AAE EXPRESS CORP. d/b/a AAE Global Express; AAE GROUP, LTD. d/b/a AAE Global Express; AAE SYSTEMS CORP. d/b/a AAE Global Express; AAE EXPRESS (DOWNTOWN) CORP. d/b/a AAE Global Express; AAE EXPRESS (NY) CORP. d/b/a AAE Global Express; AAE EXPRESS (QUEENS) CORP. d/b/a AAE Global Express; AAE EXPRESS (SOHO) CORP. d/b/a AAE Global Express; AAE EXPRESS ENTERPRISE, INC. d/b/a AAE Global Express; Global Express International, Inc. d/b/a AAE Global Express; AAE EXPRESS (NJ) CORP. d/b/a AAE Global Express; AAE EXPRESS (LA) CORP. d/b/a AAE Global Express; AAE Express (SF) Inc. d/b/a AAE Global Express; XUN JING, CURT MELTZER, HE XIN ZHANG, SEAN JING, WAYNE WANG, XIAO PING GENG, re: #1 Complaint,,,,,. Document filed by Sing Chuen Law. (Troy, John) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Troy. The party information for the following party/parties has been modified: Sing Chuen Law; AAE Corp.; AAE Express Corp.; AAE Group, LTD; AAE Systems Corp.; American Asia Express Corp.; AAE Express (Downtown) Corp.; AAE Express (NY) Corp.; AAE Express (Queens) Corp.; AAE Express (SOHO) Corp.; AAE Express Enterprise, Inc.; Global Express International, Inc.; AAE Express (NJ) Corp.; AAE Express (LA) Corp.; AAE Express (SF) Inc.; Xun Jing. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party type was entered incorrectly. (sj) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Troy to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 4 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Sing Chuen Law.(Troy, John) |
| Filing 3 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to AAE CORP. d/b/a AAE Global Express; AAE EXPRESS CORP. d/b/a AAE Global Express; AAE GROUP, LTD. d/b/a AAE Global Express; AAE SYSTEMS CORP. d/b/a AAE Global Express; AAE EXPRESS (DOWNTOWN) CORP. d/b/a AAE Global Express; AAE EXPRESS (NY) CORP. d/b/a AAE Global Express; AAE EXPRESS (QUEENS) CORP. d/b/a AAE Global Express; AAE EXPRESS (SOHO) CORP. d/b/a AAE Global Express; AAE EXPRESS ENTERPRISE, INC. d/b/a AAE Global Express; Global Express International, Inc. d/b/a AAE Global Express; AAE EXPRESS (NJ) CORP. d/b/a AAE Global Express; AAE EXPRESS (LA) CORP. d/b/a AAE Global Express; AAE Express (SF) Inc. d/b/a AAE Global Express; XUN JING, CURT MELTZER, HE XIN ZHANG, SEAN JING, WAYNE WANG, XIAO PING GENG, re: #1 Complaint,,,,,. Document filed by Sing Chuen Law. (Troy, John) Modified on 1/9/2018 (sj). |
| Filing 2 CIVIL COVER SHEET filed. (Troy, John) |
| Filing 1 COMPLAINT against AAE Express (NY) Corp., AAE CORP. d/b/a AAE Global Express, AAE EXPRESS CORP. d/b/a AAE Global Express, AAE GROUP, LTD. d/b/a AAE Global Express, AAE SYSTEMS CORP. d/b/a AAE Global Express, AMERICAN ASIA EXPRESS CORP d/b/a AAE Global Express, AAE EXPRESS (DOWNTOWN) CORP. d/b/a AAE Global Express, AAE EXPRESS (NY) CORP. d/b/a AAE Global Express, AAE EXPRESS (QUEENS) CORP. d/b/a AAE Global Express, AAE EXPRESS (SOHO) CORP. d/b/a AAE Global Express, AAE EXPRESS ENTERPRISE, INC. d/b/a AAE Global Express, Global Express International, Inc. d/b/a AAE Global Express, AAE EXPRESS (NJ) CORP. d/b/a AAE Global Express, AAE EXPRESS (LA) CORP. d/b/a AAE Global Express, AAE Express (SF) Inc. d/b/a AAE Global Express, XUN JING, Curt Meltzer, He Xin Zhang, Sean Jing, Wayne Wang, Xiao Ping Geng. (Filing Fee $ 400.00, Receipt Number 0208-14551231)Document filed by Sing Chuen Law. (Attachments: #1 Exhibit 01 Notice to Enforce Shareholder Liability for Services Rendered, #2 Exhibit 02 Notice to Inspect Share Records, #3 Exhibit 03 Consent to Sue Form, #4 Exhibit 04 Document Preservation Demand, #5 Exhibit 05 Notice of Lien and Assignment, #6 Exhibit 06 Notice that Retaliation is Illegal under the FLSA and NYLL, #7 Exhibit 07 Notice Settlement Under the Table is Prohibited)(Troy, John) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney John Troy to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Standing Order 15-mc-00131. Initial Pleading due by 1/8/2018. (sj) |
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