Ye v. 2953 Broadway LLC et al
| Xing Ye |
| 2953 Broadway Inc. and Cho Kam Sze |
| 1:2018cv04941 |
| June 4, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Richard J. Sullivan |
| 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
171
ORDER: For the reasons stated on the record at the December 5, 2023 conference, Plaintiffs' unauthorized motion for class certification filed on November 6, 2023 is hereby stricken. The Clerk of Court is directed to strike ECF Nos. 164, 165, and 166. SO ORDERED., Motions terminated: 164 MOTION to Certify Class filed by Xue Xin Zou, Jia Wang Lin, Yecheng Luo, Fu Long Xue, Maohui Lin, Yong Zhong Wang, Liang Yan Chen, Xing Ye, Hongyi Lin. (Signed by Judge Jennifer H. Rearden on 12/06/2023) (ama)
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Filing
169
ORDER: The Court is troubled by, among other things, Plaintiffs' unilateral and unauthorized decision to "refile[]" their motion for class certification, and the misrepresentations made therein. See ECF Nos. 164-65. On December 5, 2023 at 11:30 a.m., the parties shall appear for a conference by telephone. Counsel should dial 646-453-4442 and enter access code 497 554 760 followed by the pound (#) key. SO ORDERED., ( Telephone Conference set for 12/5/2023 at 11:30 AM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 11/27/2023) (ama)
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Filing
156
ORDER: On September 15, 2023 at 11:30 a.m., the Court will hold a status conference in this matter. The conference will take place via Microsoft Teams. The parties will receive log-in credentials via email. The public listen-only line may be accessed by dialing 646-453-4442 and entering access code 904 017 900 followed by the pound (#) sign. SO ORDERED., (Telephonic Status Conference set for 9/15/2023 at 11:30 AM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 9/14/2023) (ama)
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Filing
155
ORDER: The Court is in receipt of counsel's email requesting that the settlement conference scheduled for September 14, 2023 be adjourned sine die. The request was unopposed. The request is GRANTED, and the settlement conference is ADJOURNED sine die. The Parties should follow the same procedures outlined in the Court's prior settlement order at Dkt. No. 143 should they wish to schedule a settlement conference. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 9/12/2023) (mml)
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Filing
151
ORDER By August 10, 2023, the parties shall file a joint letter updating the Court on the status of their settlement efforts in accordance with Court's May 19, 2023 Order. See ECF No. 141. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/31/2023) (jca)
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Filing
143
ORDER re: 142 Order Referring Case to Magistrate Judge. This matter has been referred for settlement. Dkt. No. 142. Should the Parties wish to schedule a settlement conference, the Parties are directed to contact Courtroom Deputy Christopher D avis via email by May 31, 2023 at WillisNYSDChambers@nysd.uscourts.gov to provide three mutually agreeable dates in June, July, or August. Any conference will be held in-person at Courtroom 228, 40 Foley Square, New York, New York. Should the P arties not wish to schedule a settlement conference at this time, they should inform the Court via email by the same deadline. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to prepare pre-conference submissions in accordance with Judge Willis's Standing Order for all Cases Referred for Settlement. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 5/23/2023) (sac)
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Filing
137
NOTICE OF REASSIGNMENT: This case has been reassigned to this Court. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint lette r updating the Court on the status of the case. The joint letter shall not exceed five (5) double-spaced pages, and shall provide the following information, to the extent relevant, in separate paragraphs: (As further set forth herein.) SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/1/2023) (va)
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Filing
119
ORDER: IT IS HEREBY ORDERED that: (As further set forth herein.) 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 Loretta A. Preska on 11/17/2021) (va)
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Filing
118
ORDER: At the status conference held on November 16, it was agreed that (1) any request for sanctions is held in abeyance pending resolution of the action; (2) to the extent that counsel anticipate trying the case in the first quarter of 2022, the y shall notify the Court promptly so the case can get on the trial calendar; (3) all documents shall be produced within 30 days of today's date; (4) Plaintiff shall promptly modify the 30(b) (6) deposition notice previously served; (5) all depos itions shall be completed no later than January 30, 2022; and (6) counsel shall confer and inform the Court by letter no later than February 15, 2022 how they propose to proceed. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/17/2021) (va)
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Filing
112
ORDER: The Court is in receipt of the parties' letters (dkt. nos. 99 and 100) regarding the list of employees contemplated in its order of June 3, 2020 (dkt. no. 76). Counsel shall confer and update the court by letter no later than October 27 on the status of the list. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/20/2021) (va)
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Filing
111
ORDER GRANTING SUBSTITUTION OF PARTIES granting 106 Motion to Substitute Party. The Court is in receipt of Plaintiffs' Motion to Substitute EDWIN QIANG XIN SZE, as Administrator of the Estate of CHO KAM SZE a/k/a Tommy Sze. Plaintiffs s hall arrange for service on EDWIN QIANG XIN SZE, as Administrator of the Estate of CHO KAM SZE a/k/a Tommy Sze within the next 30 days. SO ORDERED.. (Signed by Judge Loretta A. Preska on 10/18/2021) Edwin Qiang Xin Sze added. Cho Kam Sze terminated (ks)
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Filing
105
ORDER granting 104 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/15/2021) (va)
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Filing
101
ORDER granting 98 Letter Motion for Extension of Time to File. SO ORDERED.. (Signed by Judge Loretta A. Preska on 6/21/2021) (nb)
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Filing
97
ORDER granting 96 Letter Motion for Extension of Time to File. The extension request above is approved. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/19/2021) (va)
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Filing
95
ORDER with respect to 93 Letter Motion to Compel; with respect to 93 Letter Motion for Extension of Time to File. Counsel shall confer as to the items raised in their letters, (see dkt. nos. 93 & 94), particularly if the proposed administrator will waive service or if counsel will accept service for the administrator, once appointed. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/28/2020) (va)
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Filing
90
ORDER denying as moot 86 Letter Motion to Compel; denying as moot 86 Letter Motion for Conference. The Court is in receipt of the Suggestion of Death of Cho Kam Sze [dkt. no. 88] filed on December 18, 2020. Accordingly, Plaintiffs' let ter motion requesting such relief [dkt. no. 86] is DENIED as moot. Counsel shall confer and inform the Court by letter no later than January 6, 2021 how they propose to proceed in light of Mr. Cho Kam Szes passing. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/21/2020) (va)
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Filing
87
ORDER. The Court is in receipt of Plaintiffs' letter [dkt. no. 86] requesting an order compelling Defense counsel to file and serve a suggestion of death of Cho Kam Sze on all other parties and on the non-party successor or representative of Cho Kam Sze. Defense counsel shall file a response to Plaintiffs' letter by no later than December 28. SO ORDERED. re: 86 LETTER MOTION to Compel Defendants to File and Serve Suggestion of Death of Cho Kam Sze addressed to Judge Loretta A. Presk a from John Troy dated 12-17-2020. LETTER MOTION for Conference addressed to Judge Loretta A. Preska from John Troy dated 12-17-2020. Document filed by Liang Yan Chen, Hongyi Lin, Jia Wang Lin, Maohui Lin, Yong Zhong Wang, Xing Ye. (Responses due by 12/28/2020) (Signed by Judge Loretta A. Preska on 12/18/2020) (rjm)
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Filing
83
ORDER granting 82 Letter Motion to Adjourn Conference. The conference is adjourned to 3:30 p.m. on July 7. SO ORDERED. Telephone Conference set for 7/7/2020 at 03:30 PM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 6/29/2020) (va)
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Filing
76
ORDER granting in part and denying in part 70 Motion to Certify Class. For the foregoing reasons, Plaintiffs' motion for conditional collective certification is GRANTED with respect to a class encompassing delivery workers and DENIED wit h respect to a broader class encompassing all non-managerial employees. The statute of limitations on the FLSA claims is tolled from October 26, 2018 until the future date on which the Court approves the form of notice to potential class members and enters an order governing the noticing procedure. In light of the Court's rulings above, the parties are directed to confer and submit by no later than June 12, 2020 a revised proposed notice to potential class members and an order govern ing noticing in substantially the same form as those filed with Plaintiff's motion papers. (See Troy Decls. Exs. 2, 3.) The Clerk of the Court is directed to close the open motion [dkt. no. 70]. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/3/2020) (va)
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