Zhang et al v. East Garden 1st Ave Inc. et al
| Guangli Zhang and Guangli Zhang, on behalf of all other employees similarly situated |
| East Garden 1st Ave Inc., Suzhen Yang and Weigen Guo |
| 1:2018cv05755 |
| June 25, 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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Filing
36
OPINION & ORDER re: 33 FIRST LETTER MOTION to Compel Defendant East Garden 1st Ave Inc. to Produce addressed to Magistrate Judge Sarah Netburn from Rui Ma, Esq. dated March 1, 2019, filed by Guangli Zhang, on behalf of all other em ployees similarly situated, Guangli Zhang. Within fourteen (14) days of this Order, Defendants are directed to search for and produce: (1) complete copies of East Garden's 2017 and 2018 Federal Tax Return Documents, including the tax returns and any supporting and attached documents; and (2) the Business Documents, including any records of receipts, sales, credit card sales receipts, bank account statements, and bank slips concerning Defendants' gross volume of sales in 2017 and 201 8. Defendants may redact privacy-related information from the tax returns, but nothing else. In their opposition papers, Defendants assert that East Garden "may not have carefully maintained elaborate business records" and that "there is no certainty that the records sought by plaintiff still exist." Def's Br., at 2. Accordingly, Defendants are directed, if necessary, to request responsive documents from East Garden's banks and accountant. See In re NTL, Inc. Sec. Litig., 244 F.R.D. 179, 195 (S.D.N.Y. 2007) ("[D]ocuments are considered to be under a party's control when that party has the right, authority, or practical ability to obtain the documents from a nonparty to the action.") (internal ci tations omitted); De Vos v. Lee, No. 07-CV-804 (JBW) (RLM), 2008 WL 2946010, at *1 6 (E.D.N.Y. July 29, 2008) ("[D]ocuments in the possession of a party's accountant are deemed within that party's control for purposes of Rule 34 discovery.") (collecting cases).The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 33. (Signed by Magistrate Judge Sarah Netburn on 03/19/2019) (ras)
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