Lin v. Yuri Sushi Inc
| Tingyao Lin |
| Yuri Sushi Inc, Sophia Lian and Ling Tao Lian |
| 1:2018cv00528 |
| January 22, 2018 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| George B. Daniels |
| 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
233
MEMORANDUM DECISION AND ORDER granting in part and denying in part 198 Motion for Default Judgment; denying without prejudice 201 Motion for Attorney Fees. Plaintiffs' motion for default judgment is DENIED as to Defendants Yuri Sushi, Inc. and Yuri Sushi House, LLC. Plaintiffs' motion for default judgment is GRANTED as to Defendant Cao. Plaintiffs' motion for attorneys' fees is DENIED without prejudice. It is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiffs Ti ngyao Lin and Tingjia Xie have judgment, plus statutory pre- and post-judgment interest, against Defendant Yixiang Cao. This matter is referred to Magistrate Judge Ona T. Wang for an inquest on damages. The Clerk of the Court is directed to close the motions at ECF Nos. 198 and 201. SO ORDERED. (Signed by Judge George B. Daniels on 3/11/2025) (ks)
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Filing
213
ORDER GRANTING PRO BONO COUNSEL For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent Defendant for the limited purposes described above. This Court advises Defendant that there are no funds to retain counsel in civil cases and this Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Defendant. If an attorney volunteers, the attorney will contact Def endant directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and Defendant should be prepared to proceed with the case without an attorney. This Court certifies under 28 U.S.C. § 1915(a)(3) that any ap peal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge George B. Daniels on 9/30/2024) (jca) Transmission to Office of Pro Se Litigation for processing.
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Filing
212
ORDER GRANTING PRO BONO COUNSEL granting 210 Motion to Appoint Counsel. For the foregoing reasons, Plaintiff's Application for the Court to Request Counsel is granted. The Court advises Plaintiff that the process for securing pro bono rep resentation can be lengthy. The Court circulates pending cases to the bar at regular intervals, after which an attorney must review the case and obtain necessary clearances before contacting the Plaintiff to discuss representation. For all these re asons, some time may pass before a litigant is contacted by an attorney. The Court requests that the Plaintiff respond promptly to any outreach by a volunteer lawyer seeking to discuss possible pro bono representation. As the Court relies on volun teers, there is no guarantee that a volunteer attorney will decide to take the case or that, should the services of the volunteer be declined, the court will locate another. In either instance, plaintiff should be prepared to proceed with the case pro se. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED.. (Signed by Judge George B. Daniels on 9/25/2024) (ks) Transmission to Office of Pro Se Litigation for processing.
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Filing
206
ORDER FOR LIMITED APPEARANCE OF PRO BONO COUNSEL: For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent Defendant for the limited purposes described above. This Court advises Defendant that th ere are no funds to retain counsel in civil cases and this Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Defendant. If an attorney volunteers, the at torney will contact Defendant directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and Defendant should be prepared to proceed with the case without an attorney. This Court certifies under 28 C.S.C. 7; 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED (Signed by Judge George B. Daniels on 7/15/2024) (ks)
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Filing
196
ORDER: All counsel in the above-captioned case and Defendant Sophia Lian, proceeding pro se, are directed to appear before this Court on April 24, 2024, at 9:45 a.m. for a pretrial conference. SO ORDERED (Signed by Judge George B. Daniels on 3/26/2024) ( Pretrial Conference set for 4/24/2024 at 09:45 AM before Judge George B. Daniels.) (ks)
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Filing
195
MEMORANDUM DECISION AND ORDER: Adopting REPORT AND RECOMMENDATION for 191 Report and Recommendation. Magistrate Judge Wang's Report is ADOPTED in its entirety. Ms. Lian's Objections are OVERRULED. Defendants' Motion for Summary Judgment is DENIED as to Sophia Lian and GRANTED as to Ling Tao Lian. SO ORDERED. (Signed by Judge George B. Daniels on 3/20/2024) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
181
ORDER granting in part and denying in part 180 Letter Motion to Compel. The Court is in receipt of ECF 180. To the extent Plaintiff's letter is a motion for reconsideration of the Court's prior order (ECF 179), Plaintiff's motion i s GRANTED IN PART and DENIED IN PART. Plaintiff is directed to obtain copies of their deposition transcripts. To be clear, even though Plaintiff did not notice the depositions at issue, the depositions are of Mr. Troy's clients. The Court will e ntertain a motion at a future date to recover costs from the pro se Defendants for obtaining the deposition transcripts. Plaintiffs' counsel is directed to serve pro se defendants and file proof of service on the docket. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 9/25/2023) (mml)
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Filing
163
ORDER: The Court has reviewed pro se Defendants' request for an interpreter at the July 28, 2022 status conference. (ECF 162). In general, a pro se civil litigant is not entitled to an interpreter or translator. See Pedraza v. Phoenix, No. 9 3-CV-2631 (MGC), 1994 WL 177285, at *1 (S.D.N.Y. May 9, 1994); Rahman v. Red Chili Indian Cafe, Inc., No. 17-CV-5156 (RA), 2021 WL 8776243, at *1 (S.D.N.Y. Jan. 6, 2021). Defendants are reminded of their ability to seek free legal advice from the New York Legal Assistance Group's legal clinic for pro se litigants. Defendants may visit the NYLAG clinic's website at nylag.org/pro-se-clinic/ or call (212) 659-6190. This clinic, which is neither part of nor run by the Court, assists pro se litigants with federal civil cases. Plaintiff is directed to serve a copy of this Order on pro se Defendants and file proof of service on the docket by July 27, 2022. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 7/26/2022) (rro)
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Filing
155
ORDER granting 153 Motion for Reconsideration re 153 FIRST MOTION for Reconsideration re; 152 Order on Motion to Adjourn Conference,, and Requesting Pro Se Defendants to Retain Interpreter/ Seek Help from Somone for all Court Con ferences in this matter. /pk. filed by Tingjia Xie, Tingyao Lin. The June 15, 2022 conference is adjourned to July 28, 2022 at 11:00am in Courtroom 20D at 500 Pearl Street, New York, NY 10007. The Clerk of Court is respectfully directed to close ECF 153. Plaintiffs' counsel is directed to serve this Order on pro se defendants and file proof of service on the docket.. (Signed by Magistrate Judge Ona T. Wang on 6/13/2022) (rro)
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Filing
152
ORDER denying 149 Letter Motion to Adjourn Conference. The Court has reviewed Plaintiff's counsel's request to adjourn the June 15, 2022 conference. (ECF 149). This request is DENIED. Mr. Schweitzer appeared at a prior conference and was unable to meet and confer with pro se defendants. See ECF 148. Mr. Schweitzer's co-counsel shall attend in his place. Moreover, the Court is closed on June 20th, 2022 for Juneteenth, which is a federal holiday. The Clerk of Court is respectfully directed to close ECF 149. Plaintiffs' counsel is directed to serve this Order on pro se defendants and file proof of service on the docket. (Signed by Magistrate Judge Ona T. Wang on 6/8/2022) (rro)
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Filing
137
ORDER: As ordered at today's status conference, pro se individual defendants Sophia Lian and Ling Tao Lian (collectively, Mr. and Mrs. Lian) have until March 18, 2022 to answer or otherwise respond to Plaintiffs' Amended Complaint. (ECF 100). Questions regarding pro se representation may be answered at https://www.nysd.uscourts.gov /prose. The Pro Se Office (212-805-0175) is located at 40 Foley Square, Room 105, New York, New York, and it is open from 11:00am to 2:00pm. The Pro Se Office can assist pro se litigants in connection with court procedures. The number for the New York Legal Assistance Group is (212) 613-5000. Plaintiffs' counsel is ordered to submit a letter brief on March 11, 2022, as to whether service wa s proper as to the corporate defendants and Yixiang Cao in this case. See ECF 110-112. Additionally, Plaintiffs' counsel is directed to serve ECF 113 on prior counsel for pro se individual defendants, Sophia Lian and Ling Tao Lian, and file p roof of such service on the docket. In light of the language difficulties at yesterday's conference, Plaintiffs are directed to order a copy of the transcript and provide a copy of the transcript to Mr. and Mrs. Lian. Plaintiffs are further directed to send a copy of this Order to all defendants and to prior Defense counsel. Ling Tao Lian answer due 3/18/2022; Sophia Lian answer due 3/18/2022.( Brief due by 3/11/2022.) (Signed by Magistrate Judge Ona T. Wang on 2/17/2022) (rro)
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Filing
103
ORDER denying 89 MOTION to Strike Document No. 12 Defendant Yuri Sushi, Inc's d/b/a Yuri Sushi's Answer. filed by Tingjia Xie, Tingyao Lin from the record. In light of this Court granting Plaintiff leave to amend the Complaint to, inter alia, add YURI SUSHI HOUSE, LLC d/b/a Yuri Sushi as a defendant (ECF 99), Plantiff's Motion to Strike Defendant YURI SUSHI HOUSE, INC's (d/b/a Yuri Sushi) Answer (ECF 89) is DENIED. The Clerk of Court is directed to close ECF No. 89. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 9/14/2021) (mml)
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Filing
81
ORDER denying without prejudice 76 Application for the Court to Request Counsel. Accordingly, it is hereby ORDERED that Ms. Lian's application for the appointment of counsel (ECF 76) is denied without prejudice to renewal at such time as t he existence of a potentially meritorious defense may be demonstrated. The Clerk of Court is directed to mail a copy of this Order to Defendants at: Yuri Sushi, 374 West 46th Street, New York, NY 10036.SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 9/30/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
74
ORDER: The Court is in receipt of Defendant Yuri Sushi Inc.'s letters to the Court. (ECF 71, 72, and 73). Companies such as Yuri Sushi cannot appear pro se and will default if they do not obtain counsel. The pro se individual Defendants - S ophia Lian, Ling Tao Lian - have 30 days, or by October 14, 2020, to either obtain counsel or appear pro se. They may contact the Pro Se Intake Unit at (212) 805-0175 during normal business hours, 8:30am - 5:00pm, Monday - Friday (except federal h olidays). Defendant Yuri Sushi also has until October 14, 2020 to find counsel. If Yuri Sushi does not obtain counsel, Plaintiff shall file a motion to strike Yuri Sushi's answer by October 21, 2020. By the same date, if Sophia Lian and Ling Tao Lian have not obtained counsel or appeared pro se, Plaintiff shall also move to strike their answer. Plaintiff is directed to email a copy of this Order to Defendants, and to file proof of service within seven days of this order, or by Septemb er 21, 2020. The Clerk of Court is directed to mail a copy of this Order to all Defendants at: Yuri Sushi, 374 West 46th Street, New York, NY 10036. SO ORDERED. (Motions due by 10/21/2020.) (Signed by Magistrate Judge Ona T. Wang on 9/14/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Filing
60
ORDER: The June 4, 2020 pretrial conference is hereby cancelled, in light of this Court's referral to Magistrate Judge Wang for General Pretrial. (Signed by Judge George B. Daniels on 6/1/2020) (jwh)
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Filing
55
ORDER granting 54 Letter Motion to Adjourn Conference: The November 7, 2019 conference is adjourned to January 9, 2020 at 9:45 a.m. (Final Pretrial Conference set for 1/9/2020 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/8/2019) (jwh)
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