Qiu et al v. Shanghai Cuisine, Inc. et al
| Ting Qiu Qiu, Jian Wei Deng, Yu Bo Su, Zhaobang Bai and Shaohong Zeng |
| Shanghai Cuisine, Inc., R & M Century, Inc., John Doe Corporation, Jonathan Ho, Na Sun, Jijie Hong, Wing Jing Lau, Josephine Feng and Chenwen Ho |
| 1:2018cv05448 |
| June 17, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Colleen McMahon |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| None |
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The following documents for this case are available for you to view or download:
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Filing
183
ORDER granting 180 Letter Motion to Compel. Accordingly, Plaintiffs' motion to compel Defendants to pay the publication costs of Plaintiffs' motion for conditional certification is GRANTED. The Court will also award reasonable attorn ey fees and costs that counsel for Plaintiffs incurred in connection with the motion. Counsel for Plaintiffs shall submit records of their hours and costs associated with the motion by February 6, 2024. The Clerk of Court is respectfully directed to terminate the motion, Doc. 180. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/23/2024) (vfr)
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Filing
170
ORDER: granting 169 Letter Motion to Adjourn Conference. The in-person Order to Show Cause hearing and conference scheduled for Wednesday, August 9, 2023, at 9:30 AM is rescheduled to Wednesday, September 6, 2023 at 10 AM. SO ORDERED. Show Cause Hearing set for 9/6/2023 at 10:00 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 8/07/2023) (ama)
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Filing
168
ORDER: The hearing previously scheduled for July 25, 2023, at 2:30 PM is hereby rescheduled to Wednesday, August 9, 2023, at 9:30 AM. The parties shall appear in Courtroom 619 of the urgood Marshall United States Courthouse, 40 Foley Square, New York, New York. It is SO ORDERED., ( Show Cause Hearing set for 8/9/2023 at 09:30 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 7/24/2023) (ama)
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Filing
165
ORDER: granting 164 Letter Motion to Adjourn Conference. The hearing previously scheduled for July 25, 2023 at 10:00 AM is hereby rescheduled to July 25, 2023 at 2:30 PM. Counsel for plaintiffs is directed to serve this order upon the defendants by close of business today, July 21, 2023. SO ORDERED. Show Cause Hearing set for 7/25/2023 at 02:30 PM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 7/21/2023) (ama)
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Filing
142
ORDER: ORDER: Accordingly, by Monday, December 12, 2022, Plaintiffs are directed to file a status letter regarding the status of discovery and proposed next steps for proceeding in this matter. Plaintiffs are further directed to serve the Court� 39;s November 8, 2022, Order, Doc. 141, and this Order on Jim Li & Associates, P.C., by December 12, 2022. The Court reminds Plaintiffs that failure to comply with the Court's orders may result in sanctions, including dismissal for failure to pr osecute under Rule 41(b). See Fed. R. Civ. P. 41(b). The Clerk of Court is respectfully directed to mail a copy of this order to Ho and Sun's last known address: 80 Varick Street, Apartment 4B, New York, New York 10013. Defendants Ho and Sun a re advised that failure to comply with the Court's orders may result in sanctions, including the entry of a default judgment against them. See Fed. R. Civ. P. 55. The parties are further notified that the Court will hold a Case Management Confer ence on Wednesday, December 21, 2022, at 10:30 a.m. via telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. It is SO ORDERED. ( Telephone Conference set for 12/21/2022 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 12/7/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
141
ORDER: On November 7, 2022, Plaintiffs filed a status report regarding the parties' communications in regard to this case. Doc. 140. By Friday, November 18, 2022, Defendants Ho and Sun are ordered to inform the Court whether they intend to be re presented by a new attorney or proceed pro se. If Ho and Sun intend to proceed pro se, they may call the Court's Pro Se Intake Unit at 212-805-0175. Additionally, Plaintiffs are directed to update the Court regarding the status of discovery and to provide the Court with proposed next steps for proceeding in this matter. Finally, counsel from the Law Offices of Jim Li & Associates, P.C., is directed to file their motion to withdraw, which was provided to Plaintiff's counsel but not othe rwise filed with the Court. The Clerk of Court is respectfully directed to mail a copy of this order to Ho and Sun's last known address: 80 Varick Street, Apartment 4B, New York, New York 10013. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 11/08/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
139
ORDER: On October 18, 2022, after over six months of inactivity in this case, the Court instructed Plaintiffs to submit a status letter by October 22, 2022. Doc. 138. No status letter has been submitted as of the date of this Order.Plaintiffs are instructed to submit a status report by no later than November 7, 2022. Failure to do so may result in a dismissal for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 10/31/2022) (ama)
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Filing
138
ORDER: On March 18, 2022, the Court ordered defendants Ho and Sun to inform the Court by April 15, 2022, as to whether they intended to be represented by another attorney from the same law firm, seek new counsel, or proceed pro se. Doc. 137. The Cour t directed Plaintiffs to serve the order on Defendants' counsel's law firm. Id. Since then, neither an affidavit of service nor any other pleading has been filed by either party. Plaintiffs are directed to submit a status letter by October 22, 2022, and to either file an affidavit of service or provide information about the communications Plaintiffs have had with Defendants' counsel's law firm. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 10/18/2022) (ama)
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Filing
137
ORDER: On March 18, 2022, Plaintiffs informed the Court of the tragic passing of counsel for defendants Chenwen Ho and Na Sun. Doc. 136. Plaintiffs are hereby directed to serve the attached order on defendants' counsel's law firm. Def endants Ho and Sun are directed to inform the Court by April 15, 2022 as to whether they intend to be represented by another attorney from the same law firm through pro hac vice admission, seek new counsel, or proceed in this matter pro se. If proceeding pro se, Ho and Sun are directed to update the Court with their contact information. For assistance, Ho and Sun may call the Court's Pro Se Intake Unit at 212-805-0175. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/18/2022) (vfr)
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Filing
134
MEMO ENDORSEMENT on MOTION TO COMPEL PRODUCTION OF SUPPLEMENTAL COLLECTIVE LIST & TO AUTHORIZE NEWSPAPER AND ONLINE PUBLICATION OF COLLECTIVE NOTICE: terminating 132 Motion to Compel. ENDORSEMENT: A pre-motion conference will be held on January 28, 2022 at 11 a.m. The parties are directed to call (877) 411-9748; access code 3029857. Defendants are directed to file a written response by January 19, 2022. The Clerk of Court is respectfully directed to terminate the motion, Doc. 132. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/13/2022) (ama)
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Filing
127
OPINION & ORDER re: 107 MOTION for Sanctions Pursuant to Rule 11. filed by Chenwen Ho. Ho and Suns motion for sanctions is DENIED. The Clerk of the Court is respectfully directed to terminate the motion. Doc. 107. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 9/1/21) (yv)
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Filing
125
OPINION & ORDER re: 120 MOTION to Dismiss for Insufficient Service filed by Chenwen Ho, 105 MOTION to Dismiss for Insufficient Service of Process pursuant to Fed. R. Civ. P. 12(b)(5) filed by Chenwen Ho. For the foregoing reasons, Sun and Ho's motions to dismiss for insufficient service are DENIED. Sun and Ho must file their answers or otherwise respond to the amended complaint by February 9, 2021. The Clerk of the Court is respectfully directed to terminate the motions, Doc. 105 and 120. (Signed by Judge Edgardo Ramos on 1/19/2021) (mro)
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Filing
121
SCHEDULING ORDER: On August 3, 2020, the Court granted Plaintiffs a final extension to serve Defendants Chenwen Ho and Na Sun by August 21, 2020. Doc. 102. On August 11, 2020, Plaintiffs returned an executed summons purporting that Ho an d Sun had been served. Doc. 103; Doc. 104. On August 22, 2020, Ho and Sun filed a motion to dismiss Plaintiffs' First Amended Complaint as to them based on insufficient service of process; that motion remains pending before the Court . Doc. 105. Meanwhile, Plaintiffs attempted service again and returned an executed summons on September 21, 2020. Doc. 114. On September 29, 2020, Ho and Sun again moved to dismiss Plaintiffs' complaint for insufficient service of pr ocess, this time arguing that any service attempted after the Court's final service deadline is invalid. Doc. 120. The Court directs Plaintiffs to submit their opposition by October 22, 2020, and Defendants Ho and Sun to submit their reply by October 29, 2020. ( Responses due by 10/22/2020, Replies due by 10/29/2020.) (Signed by Judge Edgardo Ramos on 10/2/2020) (mro) Modified on 10/2/2020 (mro).
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Filing
96
ORDER granting in part and denying in part 90 Motion for Reconsideration. For the foregoing reasons, Sun and Ho's motion for reconsideration is GRANTED in part and DENIED in part. Te Clerk of Court is respectfully directed to terminate th e motion, Doc. 90. A Show Cause hearing will be held on July 31, 2020 at 11:00 AM. At that time, counsel for Sun and Ho is directed to show cause why he should not be sanctioned for his representations that he could not respond to the Court's June 4, 2020 order because his oces were closed. The hearing will be held via teleconference. The parties are directed to call (877) 411-9748; access code 3029857. SO ORDERED.. (Signed by Judge Edgardo Ramos on 7/13/2020) (va)
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Filing
88
ORDER granting 86 Letter Motion to Compel; granting 86 Letter Motion for Extension of Time. The motions to compel and for an extension of time to serve are GRANTED. Plaintiffs are directed to serve Defendants with both versions of the complaint by July 31, 2020. ( Service due by 7/31/2020.) (Signed by Judge Edgardo Ramos on 6/26/2020) (kv)
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Filing
80
OPINION & ORDER re: 66 MOTION to Dismiss for Insufficient Service of Process pursuant to Fed. R. Civ. P. 12(b)(5) filed by Jonathan Ho, Chenwen Ho, Na Sun. For the foregoing reasons, Defendants Sun and Ho's motion to dis miss pursuant to Rule 12(b)(5) is DENIED without prejudice, and Plaintiffs' motion to amend is GRANTED. Plaintiffs are directed to serve Sun and Ho, and file proof of service on the docket, by June 4, 2020. Plaintiffs are also directed to file an Amended Complaint by the same date. The Clerk of Court is respectfully directed to terminate the motion, Doc. 66. (Signed by Judge Edgardo Ramos on 5/4/2020) (mro)
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Filing
64
ORDER re: 63 Notice (Other) filed by Shaohong Zeng, Ting Qiu Qiu, Jian Wei Deng, Yu Bo Su, Zhaobang Bai. The Court APPROVES the revised form and GRANTS Plaintiffs leave to disseminate the notice to potential class members. Within seven day s, Defendants are directed to post the approved notice in all relevant languages in a conspicuous and unobstructed location likely to be seen by all currently employed potential collective members throughout the opt-in period. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/19/2019) (kv)
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Filing
55
OPINION AND ORDER re: 46 MOTION to Certify Class Plaintiffs' Motion for Conditional Collective Certification. filed by Shaohong Zeng, Ting Qiu Qiu, Jian Wei Deng, Yu Bo Su, Zhaobang Bai. For the foregoing reasons, the Court GRANTS in part and DENIES in part Plaintiffs' motion. The Court will conditionally certify a FLSA collective of non-exempt, non-managerial employees that worked for Defendants from July 10, 2015 to the present, within 21 days of the entry of t he order. Plaintiffs are directed to submit an edited notice and consent form by November 22, 2019. Defendants are directed to provide Plaintiffs with the requested contact information for all putative collective members by the same date. The Court will not toll the applicable statute of limitations at this time. The Clerk of Court is respectfully directed to terminate the motion, Doc. 46. SO ORDERED. (Signed by Judge Edgardo Ramos on 11/14/2019) (kv)
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