Chang et al v. CK Tours, Inc et al
| Haitao Wang, Chuan Hui Wang, Jun Ning, Xuguang Chang and Leo Wang |
| Hyon-Sak Kim, Skyliner Travel & Tour Bus Corp, Joanna Lau, Win Li Tours, Inc, CK Tours, Inc, Kin-Ching Lau, CK Tours, Inc doing business as CK Tours doing business as Da Xing Tours, Win Li Tours, Inc doing business as Win Li Tour doing business as Heng Xing Tours, Skyliner Travel & Tour Bus Corp doing business as Skyliner Travel and Peter Kim |
| 1:2018cv06174 |
| July 7, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Paul A Crotty |
| Robert W Lehrburger |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on November 4, 2022. A more recent docket listing may be available from PACER.
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Filing 152
ORDER APPROVING SETTLEMENT: As set forth during the Cheeks Hearing Conference on November 3, 2022 at 11:30 a.m., the Court has carefully reviewed the Settlement Agreement as well as the parties' letter. The Court has taken into account, without limitation, prior proceeding in this action; the attendant risks, burdens, and costs associated with continuing the action; the range of possible recovery; whether the Settlement Agreement is the product of arm's length bargaining between experienced counsel or parties; the amount of the attorney's fees; and the possibility of fraud or collusion. Among other attributes of the Settlement Agreement, there are no confidentiality or non-disparagement provisions; the release is narrowly tailored to the allegations of the complaint; and the attorneys' fees are within a fair, reasonable and acceptable range. Considering all the circumstances, the Court finds the Settlement Agreement is fair and reasonable and hereby approved. The parties have submitted a Stipulation and Order of Dismissal with Prejudice (Docket Entry No. 150 Exhibit I which states that the Court will retain jurisdiction for the purpose of enforcing their agreement. In light of this, and in order to effectuate the intent of the parties, this Court will retain jurisdiction over the matter for the sole purpose of enforcing the settlement agreement. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/4/2022) (tg)
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Terminate Transcript Deadlines (tg)
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Filing 151
PROPOSED ORDER. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. Related Document Number: #150 ..(Troy, Tiffany) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #151 Proposed Order was reviewed and approved as to form. (km)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Fairness Hearing held on 11/3/2022. REMARK: Counsel for all sides appeared. The Court heard argument on the fairness submission and approved the settlement. See transcript for details. (Court Reporter Lisa Franko) (dgo)
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NOTICE of Fairness Hearing: A Fairness Hearing is set for Thursday, November 3, 2022 at 11:30 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before the Honorable Paul A. Crotty, U.S.D.J. A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy). -----(dgo)
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Filing 150
NOTICE of Joint Fairness Letter Motion re: #149 Order on Motion for Extension of Time to File. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit 01 Settlement Agreement with Exhibit A Stipulation of Dimissal with Prejudice to be so-ordered by Judge; Affidavit of Confession of Judgment by: B, HYON SAK KIM; C, JOANNA LAU; D, CALVIN KIM on behalf of CK TOURS, INC., as President; E, CALVIN KIM, on behalf of WIN LI TOURS, INC., as President; HYON SAK KIM, on behalf of SKYLINER TRAVEL & TOUR BUS CORP, as President, #2 Exhibit 02 Damages Calculation for All Plaintiffs, #3 Exhibit 03 Attorney Invoice (excluding fees sought in sanctions motion) /mh).(Troy, John)
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Filing 149
ORDER granting #148 Letter Motion for Extension of Time to File. A one week extension to the current briefing schedule is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/6/2022) (jca)
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Set/Reset Deadlines: Motions due by 10/14/2022. Responses due by 11/11/2022 Replies due by 11/25/2022. (jca)
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Filing 148
LETTER MOTION for Extension of Time to File Opening Brief Pending Receipt of Joanna Laus Affidavit of Confession of Judgment addressed to Judge Paul A. Crotty from Tiffany Troy dated October 5, 2022. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Troy, Tiffany)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Pre-Motion Conference held on 9/29/2022. REMARK: Counsel for both sides appeared. The Court set the following motion schedule. Motion due by October 7, 2022. Responses due by October 21, 2022. Replies due by November 4, 2022. See transcript for details. (Court Reporter Carol Ganley) (dgo)
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Filing 147
LETTER addressed to Judge Paul A. Crotty from Hang & Associates, PLLC c/o Yongjin Bae, Esq. dated 9/8/2022 re: Defendants' response to Plaintiffs' Letter dated September 1, 2022. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Attachments: #1 Exhibit A. Executed page of Joanna Lau, #2 Exhibit B. Affidavit of Hyon-Sak Kim).(Bae, Yongjin)
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Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Tuesday, September 20, 2022 @ 3:00 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty. Defendants are directed to respond to Plaintiffs' September 1 letter by September 8, 2022. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)
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Filing 146
LETTER MOTION for Conference re: 145 Order, Pre-Motion Conference for Motion for Settlement Conference and Finding of Fairness addressed to Judge Paul A. Crotty from John Troy dated September 1, 2022. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit 01 Partially-Executed Settlement Agreement /mh).(Troy, John)
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Filing 145
ORDER: Pursuant to the Court's Order dated 4/22/22, ECF#123, should the parties choose to proceed under Rule 68, they are directed to submit, alongside with any other submissions, a joint memorandum of law not to exceed ten pages (double-spaced) demonstrating that a Rule 68 offer of judgment is a viable settlement alternative in this case. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty) (Text Only Order) (dgo)
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Filing 144
PROPOSED JUDGMENT. Re: Document No. #143 Notice of Acceptance with Offer of Judgment. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Troy, John) Proposed Judgment to be reviewed by Clerk's Office staff.
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Filing 143
NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit A Defendants' Offer of Judgment /mh).(Troy, John)
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***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #143 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (km)
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #144 Proposed Judgment was reviewed and approved as to form. (km)
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Filing 142
RESPONSE re: #136 Memorandum & Opinion,,,,,,, . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Attachments: #1 Affidavit Decl. of Attorney).(Bae, Yongjin)
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Filing 141
NOTICE OF APPEARANCE by Guofeng Li on behalf of CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Li, Guofeng)
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Filing 140
LETTER addressed to Judge Paul A. Crotty from Aaron B. Schweitzer dated 6-20-2022 re: Accounting of Costs Incurred as a Result of Defense Counsels Prospectively Sanctionable Conduct. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit invoice).(Schweitzer, Aaron)
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Filing 139
ORDER granting #137 Motion to Withdraw as Attorney. The Court recognizes, as Mr. Zhu represents, that he is no longer employed by Hang & Associates, PLLC, who will "continue to represent the Defendants in this matter." (Zhu Mot. at 1.) The Court therefore will accommodate Mr. Zhu's request to withdraw as counsel, rather than risk subjecting Defendants' representation in this case to the snags of Hang & Associates' internal affairs. However, because Mr. Zhu continues to face the prospect of sanctions stemming from the conduct as described in the Court's June 6 Opinion, he will remain subject to the Court's jurisdiction throughout the pendency of the matters discussed in that Opinion-including the enforcement of the April 20 settlement agreement, the resolution of the prospective sanctions articulated in the June 6 Opinion, and any other matters arising from the circumstances set forth in the June 6 Opinion. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 137. Attorney Shan Zhu terminated. (Signed by Judge Paul A. Crotty on 6/14/2022) (va)
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CASHIERS OFFICE REMARK on #136 Memorandum & Opinion, in the amount of $3,056.72, paid on 6/10/2022, Receipt Number 1198..(jkr)
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Filing 138
DECLARATION of Aaron B. Schweitzer in Opposition re: #137 MOTION for Shan Zhu to Withdraw as Attorney .. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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DOCKET ANNOTATION: Plaintiffs are directed to respond to Mr. Zhu's request to withdraw by Friday, June 10, 2022. SO ORDERED.(dgo)
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Filing 137
MOTION for Shan Zhu to Withdraw as Attorney . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Zhu, Shan)
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Filing 136
OPINION AND ORDER: re: #119 FIRST LETTER MOTION to Adjourn Conference Trial. addressed to Judge Paul A. Crotty from Hang & Associates, PLLC c/o Yongjin Bae, Esq. dated April 13, 2022. filed by CK Tours, Inc, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc, Joanna Lau, Hyon-Sak Kim. For the reasons set forth above, Plaintiffs' motion to enforce the April 20 Settlement is granted and Defendants' motion to schedule a new trial date is denied. The Court effectively restores the parties to their respective positions immediately prior to Defendants' attempt to "revoke" the settlement. They may proceed either through fairness review of the deal-which the Court expects it will approve-or through an offer of judgment under Rule 68, subject to the Court's order at ECF No. 123. See Lliguichuzhca v. Cinema 60, LLC, 948 F. Supp. 2d 362, 365 (S.D.N.Y. 2013) ("[T]here is a strong presumption in favor of finding a settlement fair, as the Court is generally not in as good a position as the parties to determine the reasonableness of an FLSA settlement.") (internal quotation marks omitted). Plaintiffs are directed, within 14 days of this Opinion, to prepare and serve on Defendants and the Court a detailed accounting of the costs incurred as a result of Defense counsel's prospectively sanctionable conduct, as described above.Defendants are further ordered to show cause within 30 days of this Opinion why sanctions should not issue for the reasons set forth above. This submission may also include any objections to Plaintiffs' reported costs. Finally, Defense counsel are directed to make a payment of $3,056.72 within thirty daysof this Opinion, payable by check to the Office of the Clerk. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/06/2022) (ama) Transmission to Finance Unit (Cashiers) for processing.
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***DELETED DOCUMENT. Deleted document number #137 OPINION AND ORDER. The document was incorrectly filed in this case. (kv)
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Filing 135
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/25/22 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....(Moya, Goretti)
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Filing 134
TRANSCRIPT of Proceedings re: conference held on 5/25/2022 before Judge Paul A. Crotty. Court Reporter/Transcriber: Sharonda Jones, (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 6/23/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 8/31/2022..(Moya, Goretti)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Oral Argument held on 5/25/2022 re: #129 Order. REMARK: Counsel for both sides appeared. The Court heard argument on reasons why the Court should, or should not, enforce the 4/20/2022 settlement. See transcript for details. (Court Reporter Kris Sellin) (dgo).
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Filing 133
OPPOSITION BRIEF re: #131 Brief . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Zhu, Shan)
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Filing 132
BRIEF re: #131 Brief Plaintiffs' Reply Memorandum of Law in Support of Cross-Motion to Enforce Settlement Agreement and For Sanctions. /pk. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 131
BRIEF re: #129 Order,, . Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Troy, John)
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Filing 130
BRIEF re: #129 Order,, . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Attachments: #1 Affidavit Shan Zhu, #2 Exhibit A transcript, #3 Affidavit Mr. Kim).(Zhu, Shan)
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Filing 129
ORDER: The parties are directed to appear before the Court, in-person, at the hearing already scheduled for May 25, 2022 at 2:30pm ET for oral argument addressing the following issues: (As further set forth herein.) In advance of oral argument, the parties are also directed to submit by May 13, 2022 simultaneous opening briefs addressing the above issues. The briefs are to be no longer than 15 pages (12-point font, double-spaced). If the parties wish, they may each submit simultaneous reply briefs by May 20, 2022, to be no longer than 7 pages (12-point font, double-spaced). SO ORDERED. (Signed by Judge Paul A. Crotty on 5/4/2022) (va)
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Filing 128
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/20/22 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....(Moya, Goretti)
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Filing 127
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/20/2022 before Judge Paul A. Crotty. Court Reporter/Transcriber: Michael McDaniel, (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 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022..(Moya, Goretti)
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Filing 126
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from Aaron Schweitzer dated April 25, 2022 re: #124 LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Defendants dated 4/22/2022. /pk. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 125
DECLARATION of Aaron Schweitzer in Opposition re: #124 LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Defendants dated 4/22/2022.. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit Email Communication Between Counsel on April 15, 2022, #2 Exhibit Email Communication Between Counsel on April 19, 2022, #3 Exhibit Defendants Trial Interpreters Name, #4 Exhibit Defendants email informing withdrawal of Settlement, #5 Exhibit Order in 13-cv-1366 by Hon. M.J. Frank Maas).(Schweitzer, Aaron)
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Filing 124
LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Defendants dated 4/22/2022. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B).(Zhu, Shan)
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Filing 123
ORDER: Therefore, because any prospective offer of judgment in this case would necessarily be served after the initial trial date, should the parties choose to proceed under Rule 68, they are directed to submit, alongside any other submissions, a joint memorandum of law not to exceed ten pages (double~spaced) demonstrating that a Rule 68 offer of judgment is a viable settlement alternative in this case. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/22/2022) (va)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Trial Ready Hearing held on 4/20/2022. REMARK: Aaron Schweitzer appeared for the plaintiffs. Shan Zhu and Yongjin Bae appeared for the Defendants. The parties reported a settlement in principle and the Court adjourned the trial. A conference is set for May 25, 2022 at 2:30 PM in courtroom 14-c. See transcript for details. (Court Reporter Michael McDaniel) (dgo)
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Filing 122
REQUEST TO CHARGE. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Zhu, Shan)
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Filing 121
LETTER addressed to Judge Paul A. Crotty from Hang & Associates, PLLC c/o Yongjin Bae, Esq. dated 4/14/2022 Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp..(Bae, Yongjin)
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Filing 120
ORDER: denying #115 Motion in Limine; denying #116 Motion in Limine; denying #117 Motion in Limine. This Order summarizes the Court's rulings on several pretrial matters announced at the final pretrial conference held on April 13, 2022. The Court DENIES as moot Defendants' First Motion in Limine, which seeks to introduce "the Complete Tour Guide Schedules," from D000174 to D000243, on completeness grounds. Defendants have indicated on p. 7 of the Proposed Pretrial Order, ECF No. 109, that they intend to introduce D000174 to D000243, and Plaintiffs do not object. The Court DENIES, pending authentication at trial, Defendants' Second Motion in Limine, which seeks to exclude Plaintiffs' Exhibit P-12 on authentication grounds and under Rule 403 of the Federal Rules of Evidence. The documents are relevant, and the probative value of the documents as to disputed issues of employment and joint employment is not substantially outweighed by unfair prejudice, confusion, or other factors under Rule 403. If Plaintiffs can properly authenticate the documents at trial under Rule 901, the documents may be admitted. The parties have been directed to cooperate to resolve issues of translation. The The Court DENIES, pending authentication at trial, the portion of Defendants' Third Motion in Limine that seeks to exclude Plaintiffs' Exhibits P-3 and P-4 on authentication grounds. Once again, if Plaintiffs can properly authenticate the documents at trial under Rule 901, the documents may be admitted. The parties, again, have been directed to cooperate to resolve issues of translation. The Court also DENIES the portion of Defendants' Third Motion in Limine that seeks to exclude Plaintiffs' Exhibit P-1 on hearsay grounds. Defendant Kim's interrogatory responses are non-hearsay party-opponent statements under Rule 801. Finally, the Court DENIES Defendants' contention, articulated at p. 2 of the Proposed Pretrial Order, that Plaintiffs' New York state law overtime claims should be dismissed for lack of subject matter jurisdiction. The Court exercises supplemental jurisdiction over these claims. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/13/2022) (ama)
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Filing 119
FIRST LETTER MOTION to Adjourn Conference Trial addressed to Judge Paul A. Crotty from Hang & Associates, PLLC c/o Yongjin Bae, Esq. dated April 13, 2022. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Attachments: #1 Exhibit Affidavit of Hyon-sak Kim).(Bae, Yongjin)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Final Pretrial Conference held on 4/13/2022. REMARK: Aaron Schweitzer appeared for the Plaintiffs. Shan Zhu & co-counsel appeared for the Defendants. The Court denied the motion to adjourn the trial without prejudice and with leave to submit further details on the request. The Court made the following rulings on the In Limine motions: In Limine #1 The request to introduce the complete tour guides schedules is denied as moot. In Limine #2 The request to preclude plaintiffs' exhibit P-12 is denied pending authentication. In Limine #3 The request to preclude plaintiffs' exhibits P3 and P4 is denied pending authentication. In Limine #4 The request to preclude plaintiffs' exhibit p-1 is denied. In Limine #5 The request to dismiss plaintiffs' New York state law overtimes claims for lack of subject matter jurisdiction is denied. Trial will proceed on Wednesday, April 20, 2022 at 9:30 AM in courtroom 14-C. See transcript for details. (Court Reporter Pamela Utter) (dgo)
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Filing 118
MEMORANDUM OF LAW in Opposition re: #117 THIRD MOTION in Limine to preclude P-1, P-3, and P-4., #115 FIRST MOTION in Limine Plaintiff Exhibit P-2., #116 SECOND MOTION in Limine re: P-12. . Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 117
THIRD MOTION in Limine to preclude P-1, P-3, and P-4. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Zhu, Shan)
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Filing 116
SECOND MOTION in Limine re: P-12. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Attachments: #1 Exhibit A).(Zhu, Shan)
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Filing 115
FIRST MOTION in Limine Plaintiff Exhibit P-2. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Zhu, Shan)
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Filing 114
PROPOSED VOIR DIRE QUESTIONS. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Zhu, Shan)
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Filing 113
PROPOSED JURY INSTRUCTIONS. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Zhu, Shan)
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Filing 112
REQUEST TO CHARGE. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 111
PROPOSED VOIR DIRE QUESTIONS. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 110
PROPOSED JURY INSTRUCTIONS. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 109
PROPOSED PRE-TRIAL ORDER. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit Plaintiffs Damage Calculation).(Schweitzer, Aaron)
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Filing 108
ORDER denying #107 Letter Motion for Extension of Time. Under this Courts Individual Practices, the parties are directed to submit the Joint Pretrial Order, Proposed Voir Dire, Proposed Request to Charge, and any motions in limine by close of business on April 8, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/7/2022) (dgo) (dgo).
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Filing 107
FIRST LETTER MOTION for Extension of Time to Submit all the Pretrial Materials until April 11, 2022 from April 08, 2022. /pk addressed to Judge Paul A. Crotty from John Troy dated April 07, 2022. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit Trial Scheduling Order).(Troy, John)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 4/6/2022. REMARK: Counsel for both sides appeared. The Court reminded the parties of the following: A Final Pretrial Conference is set for April 13, 2022 at 4PM in courtroom 14-C. Trial is set to begin on Wednesday, April 20, 2022. All pretrial submissions and motions are due by close of business on April 8, 2022. See transcript for details. (Court Reporter Elena Lynch) (dgo) Modified on 4/7/2022 (dgo).
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Filing 106
MEMORANDUM AND ORDER granting in part and denying in part #104 Letter Motion for Conference re: #104 LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Defendants dated 3/31/2021. Accordingly, the Court grants Defendants request to pursue a second motion for summary judgment, but denies the motion without the need for further briefing. The Clerk of Court is directed to terminate the motion at ECF No. 104. The case will proceed to trial as scheduled. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/4/2022) (jca)
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Notice of Pre-Motion Conference: A Pre-Motion Conference is scheduled to go forward on: Wednesday, April 6, 2022 @ 2:30 PM, via teleconference before Judge Paul A. Crotty. Dial-in: 888-363-4749. Access: 8539662. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)
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Filing 105
RESPONSE re: #104 LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Defendants dated 3/31/2021. Opposition to Motion for Leave to Move for Summary Judgment /mh. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 104
LETTER MOTION for Conference addressed to Judge Paul A. Crotty from Defendants dated 3/31/2021. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Zhu, Shan)
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Filing 103
NOTICE OF APPEARANCE by Yongjin Bae on behalf of CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp..(Bae, Yongjin)
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Notice of Final Pretrial Conference: A FPTC is scheduled to go forward on: Wednesday, April 13, 2022 @ 4:00 PM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo)
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Filing 102
MEMO ENDORSEMENT on re: #99 Letter filed by Haitao Wang, Jun Ning, Xuguang Chang, Chuan Hui Wang. ENDORSEMENT: The case will be tried April 18-22, 2022. So ordered. (Signed by Judge Paul A. Crotty on 11/23/2021) (va)
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Filing 101
MEMO ENDORSED ORDER granting #100 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Diana Y. Seo terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 11/22/2021) (mml)
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Filing 100
MOTION for Diana Y. Seo to Withdraw as Attorney . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Attachments: #1 Affidavit Attorney Declaration).(Seo, Diana)
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Filing 99
LETTER addressed to Judge Paul A. Crotty from John Troy dated October 22, 2021 /mh re: Plaintiffs Proposed Trial Dates. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Troy, John)
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Filing 98
LETTER addressed to Judge Paul A. Crotty from John Troy dated October 11, 2021 re: Plaintiffs Proposed Trial Dates. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit 01 Email Correspondence with Defendants' Counsel regarding Trial Dates /mh).(Troy, John)
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Filing 97
LETTER addressed to Judge Paul A. Crotty from Aaron B. Schweitzer dated 5-7-2021 re: proposed trial dates. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 4/28/2021. REMARK: Aaron Schweitzer appeared for the plaintiffs. Diana Seo and Shan Zhu appeared for the government. The parties are directed to propose convenient trial dates by May 7, 2021. See transcript for details. (Court Reporter Lisa Franko) (dgo)
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Calendar Entry *DATE CHANGE*: The Status Conference scheduled to go forward on Friday, April 23, 2021 is rescheduled to: Wednesday, April 28, 2021 @ 11:30 AM before Judge Paul A. Crotty, U.S.D.J, via teleconference. Dial-in: 888-363-4749. Access: 8539662. Reason for adjournment: the 4/23/21 no longer a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY. (dgo)
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Filing 96
ORDER granting #95 Motion to Adjourn Conference. The April 15 conference is adjourned to April 23rd at 4PM. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 95
FIRST LETTER MOTION to Adjourn Conference Currently Scheduled for April 15, 2021. /pk addressed to Judge Paul A. Crotty from Aaron Schweitzer dated April 9, 2021. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 94
OPINION & ORDER re: #81 MOTION for Partial Summary Judgment . filed by CK Tours, Inc, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc, Joanna Lau, Hyon-Sak Kim., For the foregoing reasons, the Court GRANTS summary judgment on Plaintiffs' FLSA overtime wage claims, DENIES summary judgment on Plaintiffs' NYLL overtime wage claims, and DENIES summary judgment on the issue of whether Skyliner and Kim were Plaintiffs' employers under the FLSA and NYLL. The Court will convene a telephonic conference on Thursday, April 15, 2021 at 10:00 AM to discuss next steps. The dial-in number for the conference is 888-363-4749 and the access code is 8539662. The Clerk of Court is respectfully directed to terminate the motion at ECF 81. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/8/2021) ( Telephone Conference set for 4/15/2021 at 10:00 AM before Judge Paul A. Crotty.) (ks)
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Filing 93
REPLY MEMORANDUM OF LAW in Support re: #81 MOTION for Partial Summary Judgment . . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Zhu, Shan)
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Filing 92
REPLY AFFIRMATION of Shan Zhu in Support re: #81 MOTION for Partial Summary Judgment .. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Attachments: #1 Exhibit A Chang Tr., #2 Exhibit B. Haitao Wang Tr., #3 Exhibit C. Chuan Hui Wang Tr., #4 Exhibit D).(Zhu, Shan)
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Filing 91
MEMORANDUM OF LAW in Opposition re: #81 MOTION for Partial Summary Judgment . . Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Troy, John)
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Filing 90
DECLARATION of John Troy in Opposition re: #81 MOTION for Partial Summary Judgment .. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit Xuguang Changs affidavit in opposition to summary judgment, #2 Exhibit Jun Nings affidavit in opposition to summary judgment, #3 Exhibit Haitao Wangs affidavit in opposition to summary judgment, #4 Exhibit Chuan Hui Wangs affidavit in opposition to summary judgment, #5 Exhibit Plaintiffs employee information and job description, #6 Exhibit Unified CK Tours and Win Li Tour bus schedule, #7 Exhibit Letters exchanged between Foxwoods and Xuguang Chang regarding his exclusion from Foxwoods premises, #8 Exhibit Xuguang Changs embossed employment verification letter, #9 Exhibit Photographs from 2015 Lunar New Year party for Skyliner, CK Tours, and Win Li Tour employees, #10 Exhibit 56.1 Statement of Material Facts).(Troy, John)
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Filing 89
ORDER granting #88 Letter Motion for Extension of Time. The requested two-weeks extension is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/15/2020) (ks)
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Set/Reset Deadlines: Responses due by 9/28/2020 (ks)
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Filing 88
FIRST LETTER MOTION for Extension of Time to File Opposition to Defendants Partial Motion for Summary Judgement addressed to Judge Paul A. Crotty from Aaron Schweitzer dated September 14, 2020. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 87
MEMO ENDORSEMENT on re: #86 Letter filed by Haitao Wang, Jun Ning, Xuguang Chang, Chuan Hui Wang. ENDORSEMENT: The proposed briefing schedule is adopted. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/31/2020) (ks)
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Set/Reset Deadlines: Responses due by 9/14/2020 Replies due by 9/28/2020. (ks)
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Filing 86
LETTER addressed to Judge Paul A. Crotty from Aaron B. Schweitzer dated 8/30/2020 re: Briefing Schedule for Summary Judgment Motion Clarification. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 85
AFFIDAVIT of JOANNA LAU A/K/A/ KIN-CHING LAU in Support re: #81 MOTION for Partial Summary Judgment .. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Seo, Diana)
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Filing 84
AFFIDAVIT of HYON-SAK KIM A/K/A PETER KIM in Support re: #81 MOTION for Partial Summary Judgment .. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Seo, Diana)
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Filing 83
AFFIRMATION of Diana Seo in Support re: #81 MOTION for Partial Summary Judgment .. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Attachments: #1 Exhibit A: NYS records, #2 Exhibit B: Chang Tr, #3 Exhibit C: Doc. Prod, #4 Exhibit D: Plaintiffs Resp. to Interrogatories, #5 Exhibit E: CK Tours bus schedules, #6 Supplement Rule 56.1 Statement).(Seo, Diana)
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Filing 82
MEMORANDUM OF LAW in Support re: #81 MOTION for Partial Summary Judgment . . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Seo, Diana)
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Filing 81
MOTION for Partial Summary Judgment . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Seo, Diana)
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Filing 80
LETTER addressed to Judge Paul A. Crotty from John Troy dated 07/09/2020 re: Joint Status Letter. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Troy, John)
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Filing 79
MEMO ENDORSEMENT on re: #76 Letter, filed by Haitao Wang, Jun Ning, Xuguang Chang, Chuan Hui Wang. ENDORSEMENT: In lieu of a teleconference, the parties are directed to submit by July 10, 2020 a joint status report on this matter and on the settlement before Magistrate Judge Lehrburger. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/1/2020) (ks)
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Filing 78
ORDER granting #77 Motion to Withdraw as Attorney. Attorney Leanghour Lim terminated (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 77
MOTION for Leanghour Lim to Withdraw as Attorney for Plaintiffs. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Lim, Leanghour)
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Filing 76
LETTER addressed to Judge Paul A. Crotty from John Troy dated June 29, 2020 re: Requesting to allow Parties to Appear by Telephone for the Conference Scheduled for July 7, 2020 at 2:15 p.m.. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Schweitzer, Aaron)
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Filing 75
ORDER granting #71 Letter Motion for Conference. A pre-motion conference is set for Tuesday, July 7, 2020, at 12:15 PM. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
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Filing 74
LETTER RESPONSE to Motion addressed to Judge Paul A. Crotty from John Troy dated March 5, 2020 re: #71 LETTER MOTION for Conference for summary judgment motion addressed to Judge Paul A. Crotty from defendants dated January 28. . Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang..(Troy, John)
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Filing 73
NOTICE OF APPEARANCE by Diana Y. Seo on behalf of Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc..(Seo, Diana)
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Filing 72
NOTICE OF APPEARANCE by Diana Y. Seo on behalf of CK Tours, Inc..(Seo, Diana)
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Filing 71
LETTER MOTION for Conference for summary judgment motion addressed to Judge Paul A. Crotty from defendants dated January 28. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc.(Zhu, Shan)
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Filing 70
STATUS REPORT. (Joint Status Report to Hon. Paul A. Crotty) Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang.(Troy, John)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 1/22/2020 at 2:00 p.m. Case did not settle. (rsh)
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Filing 69
NOTICE TO PARTIES: The scheduled Settlement conference for today will begin at 2:00 p.m. in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. (rsh)
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Filing 68
NOTICE OF APPEARANCE by Leanghour Lim on behalf of Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Lim, Leanghour)
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Filing 67
MEMO ENDORSED ORDER granting #62 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Ken H Maeng terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 1/8/2020) (rj)
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Filing 66
ORDER denying #64 Letter Motion to Adjourn Conference. Request denied. This is the second time Defendants have sought to adjourn the settlement conference from dates previously agreed upon. Defendants cannot shirk their court obligations. The settlement conference will proceed as scheduled. (Signed by Magistrate Judge Robert W. Lehrburger on 1/8/2020) (rj)
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Filing 65
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from John Troy dated January 7, 2020 re: #64 SECOND LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from defendants dated 1/7/2020. . Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Troy, John)
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Filing 64
SECOND LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from defendants dated 1/7/2020. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc.(Zhu, Shan)
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Filing 63
NOTICE OF APPEARANCE by Shan Zhu on behalf of CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Zhu, Shan)
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Filing 62
MOTION for Ken H. Maeng to Withdraw as Attorney . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc.(Maeng, Ken)
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Filing 61
MEMO ENDORSEMENT granting #60 Motion to Withdraw as Attorney. ENDORSEMENT: The motion to withdraw is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/25/2019) Attorney Keli Liu terminated (ks)
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Filing 60
MOTION for Keli Liu to Withdraw as Attorney for Defendants. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc.(Liu, Keli)
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Filing 59
SCHEDULING ORDER: Settlement Conference set for 1/21/2020 at 1:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than January 7, 2020, by 5:00 p.m. (Signed by Magistrate Judge Robert W. Lehrburger on 11/12/2019) (rsh)
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Filing 58
ORDER granting #57 Letter Motion to Adjourn Conference. Request granted. The parties shall coordinate with my Deputy Clerk to reschedule the conference. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/24/2019) (rj)
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Filing 57
AMENDED LETTER MOTION to Adjourn Conference in response to Order dated October 22, 2019 (Dkt. No.56) addressed to Magistrate Judge Robert W. Lehrburger from Keli Liu dated 10/24/2019. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc.(Liu, Keli)
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Filing 56
ORDER: Defendants' request to reschedule the settlement conference date is denied without prejudice. By October 25, 2019, Defendant shall file an amended letter explaining why the joint October 8, 2019 letter (Dkt. 52) identifies December 9 and 10, 2019 as two of three dates when the parties are available for the conference, but Defendants' October 22, 2019 letter (Dkt. 55) says that one of the named individual Defendants has a "committed out-of-country travel plan" from which he will not return to the U.S. until after December 15, 2019. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 55
LETTER MOTION to Adjourn Conference (Settlement Conference) addressed to Magistrate Judge Robert W. Lehrburger from Keli Liu dated 10/22/2019. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc.(Liu, Keli)
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Filing 54
SCHEDULING ORDER: Settlement Conference set for 12/9/2019 at 1:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than December 2, 2019, by 5:00 p.m. (Signed by Magistrate Judge Robert W. Lehrburger on 10/9/2019) (rsh)
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Filing 53
SCHEDULING ORDER: Telephone Conference set for 11/22/2019 at 9:30 AM in advance of a settlement conference before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review Judge Lehrburger's Individual Practices and Procedures for Settlement. Parties shall call the teleconference line at (888)-398-2342 and enter pass code 9543348. (Signed by Magistrate Judge Robert W. Lehrburger on 10/9/2019) (rsh)
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Filing 52
STATUS REPORT. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang.(Troy, John)
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Filing 51
ORDER: This matter has been referred to me for general pretrial purposes. By October 8, 2019, the parties shall file a joint status letter advising the Court of status, schedule, and any issues meriting attention. (Signed by Magistrate Judge Robert W. Lehrburger on 9/30/2019) (ag)
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Filing 50
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/27/2019) (ks)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 9/27/2019. REMARK: Aaron Scheiwster appeared for the plaintiff. Keli Liu appeared for the defendants. The Court will issue a 60-day order of reference to Magistrate Judge Lehrburger. A control status conference is set for December 3, 2019 at 11:15 AM. See transcript for details. (Court Reporter Martha Martin) (dgo)
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Filing 49
ORDER granting #48 Letter Motion to Adjourn Conference. The requested adjournment to September 13, 2019 at 2:45 PM is granted. (Signed by Judge Paul A. Crotty on 9/3/2019) Status Conference set for 9/13/2019 at 02:45 PM before Judge Paul A. Crotty. (ks)
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Filing 48
MOTION to Adjourn Conference currently scheduled for September 09, 2019 at 10: 30 a.m.. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang.(Troy, John)
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Calendar Entry *DATE CHANGE*: The Status Conference scheduled to go forward on Wednesday, July 17, 2019 is rescheduled to: Monday, September 9, 2019 @ 10:30 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. (dgo)
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Filing 47
LETTER MOTION to Adjourn Conference tatus Conference on July 17, 2019 at 10:45 to a mutually convenient day after opt-in period ends on August 2, 2019 addressed to Judge Paul A. Crotty from John Troy dated July 10, 2019. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang.(Troy, John)
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Filing 46
NOTICE of Plaintiffs Status Report RE Notice of Pendency Mailing. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Troy, John)
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Filing 45
MEMO ENDORSEMENT on re: #44 Letter Proposing Revised Notice of Pendency, filed by Haitao Wang, Jun Ning, Xuguang Chang, Chuan Hui Wang. ENDORSEMENT: The notice of pendency is approved. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/20/19) (yv)
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Filing 44
LETTER addressed to Judge Paul A. Crotty from John Troy dated 05/3/2019 re: Proposed Revised Notice of Pendency for Approval. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit Proposed revised notice of pendency)(Troy, John)
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Filing 43
MEMO ENDORSEMENT on re: #40 Status Report filed by Haitao Wang, Jun Ning, Xuguang Chang, Chuan Hui Wang. ENDORSEMENT: The status conference is adjourned sini die. A conference will be held in the next two months. So Ordered., (Status Conference set for 7/17/2019 at 10:45 AM before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 4/29/19) (yv)
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Filing 42
LETTER addressed to Judge Paul A. Crotty from John Troy dated 04/26/2019 re: Request Approval of Plaintiffs' revised notice of pendency. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit Proposed revised notice of pendency)(Troy, John)
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Filing 41
OPINION & ORDER re: #22 MOTION to Certify Class Conditional Collective Certification. filed by Haitao Wang, Jun Ning, Xuguang Chang, Chuan Hui Wang. The Court GRANTS conditional certification of a collective action consisting of current and former casino bus tour guides employed by Defendants. Plaintiffs are directed to submit an amended notice in accordance with this Order by May 30, 2019. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/26/19) (yv)
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Filing 40
STATUS REPORT. and Request to adjourn status conference Sine Die Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang.(Troy, John)
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CALENDAR ENTRY **REMINDER**: Status Conference scheduled to go forward on: Friday, April 26, 2019 @ 10:00 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. The request to appear via conference call is granted. The dial in number is: 888-363-4749. The access code is: 8539662. ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Filing 39
FIRST LETTER addressed to Judge Paul A. Crotty from John Troy dated 04-24-2019 re: Request to allow Parties to Appear by Telephone for the Status Conference. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang.(Troy, John)
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Calendar Entry *DATE CHANGE*: The Status Conference scheduled to go forward on Monday, April 22, 2019 is rescheduled to: Friday, April 26, 2019 @ 10:15 AM efore Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: 4/22/19 is no longer a convenient date for the Court. A PDF IS NOT ATTACHED TO THIS ENTRY.(dgo)
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time. Extension granted. SO ORDERED. (Deposition due by 5/30/2019.) (Signed by Judge Paul A. Crotty on 3/18/19) (yv)
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Filing 37
FIRST LETTER MOTION for Extension of Time to Complete Depositions until MAY 30, 2019 addressed to Judge Paul A. Crotty from John Troy dated 03-15-2019. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang.(Troy, John)
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CALENDAR ENTRY **REMINDER**: Status Conference scheduled to go forward on: Tuesday, March 12, 2019 @ 10:15 AM, 500 Pearl Street, Courtroom 14-C before Judge Paul A. Crotty, U.S.D.J. If the parties deem the conference unnecessary at this time, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo)
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Filing 36
NOTICE OF APPEARANCE by Aaron B. Schweitzer on behalf of Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Schweitzer, Aaron)
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Filing 35
NOTICE of Courtesy Copy of Fully Briefed Plaintiffs Motion for Conditional Collective Certification re: #29 Memorandum of Law in Opposition to Motion, #23 Declaration in Support of Motion,,, #24 Memorandum of Law in Support of Motion, #31 Declaration in Opposition to Motion, #22 MOTION to Certify Class Conditional Collective Certification., #33 Reply Memorandum of Law in Support of Motion, #32 Declaration in Opposition to Motion, #30 Declaration in Opposition to Motion. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Troy, John)
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Filing 34
NOTICE OF APPEARANCE by Ken H Maeng on behalf of CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Maeng, Ken)
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Certify Class Conditional Collective Certification. . Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Troy, John)
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Filing 32
DECLARATION of Hyon-Sak Kim in Opposition re: #22 MOTION to Certify Class Conditional Collective Certification.. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Liu, Keli)
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Filing 31
DECLARATION of Joanna Lau in Opposition re: #22 MOTION to Certify Class Conditional Collective Certification.. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Liu, Keli)
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Filing 30
DECLARATION of Keli Liu in Opposition re: #22 MOTION to Certify Class Conditional Collective Certification.. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Liu, Keli)
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Filing 29
MEMORANDUM OF LAW in Opposition re: #22 MOTION to Certify Class Conditional Collective Certification. . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Attachments: #1 Exhibit A Sample Foxwoods Casino bus schedule)(Liu, Keli)
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Filing 28
ORDER granting #25 Letter Motion for Extension of Time to File Response/Reply re #22 MOTION to Certify Class Conditional Collective Certification. The time to respond is extended to 2/4/2019. So Ordered. (Responses due by 2/4/2019.) (Signed by Judge Paul A. Crotty on 1/15/19) (yv)
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Filing 27
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from John Troy dated January 10, 2019 re: #25 LETTER MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Certify Class Conditional Collective Certification. addressed to Judge Paul A. Crotty from Keli Liu dated 1/10/2019. . Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Troy, John)
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Filing 26
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from John Troy dated January 11, 2019 re: #25 LETTER MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Certify Class Conditional Collective Certification. addressed to Judge Paul A. Crotty from Keli Liu dated 1/10/2019. . Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Troy, John)
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Filing 25
LETTER MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Certify Class Conditional Collective Certification. addressed to Judge Paul A. Crotty from Keli Liu dated 1/10/2019. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc.(Liu, Keli)
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Calendar Entry *DATE CHANGE*: The Pretrial Conference scheduled to go forward on Thursday, January 10, 2019 is rescheduled to: Wednesday, February 20, 2019 @ 11:30 AM before Judge Paul A. Crotty, U.S.D.J, Courtroom 14C, 500 Pearl Street, NY, NY. Reason for adjournment: the 1/10/19 not a convenient date for the Court. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov. A PDF IS NOT ATTACHED TO THIS ENTRY. (dgo)
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Filing 24
MEMORANDUM OF LAW in Support re: #22 MOTION to Certify Class Conditional Collective Certification. . Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Troy, John)
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Filing 23
DECLARATION of John Troy in Support re: #22 MOTION to Certify Class Conditional Collective Certification.. Document filed by Jun Ning, Chuan Hui Wang, Haitao Wang. (Attachments: #1 Exhibit Complaint, #2 Exhibit Proposed Notice of Pendency; and Consent to Sue Form, #3 Exhibit Proposed Publication Order;, #4 Exhibit Affidavit of XUGUANG CHANG in Support of Plaintiffs Motion for Conditional Collective Certification, #5 Exhibit Affidavit of JUN NING in Support of Plaintiffs Motion for Conditional Collective Certification, #6 Exhibit Affidavit of HAITAO WANG a/k/a Leo Wang in Support of Plaintiffs Motion for Conditional Collective Certification, #7 Exhibit Affidavit of CHUAN HUI WANG in Support of Plaintiffs Motion for Conditional Collective Certification)(Troy, John)
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Filing 22
MOTION to Certify Class Conditional Collective Certification. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang.(Troy, John)
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Filing 21
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 3/31/2019. All Fact Discovery due by 6/10/2019. All Expert Discovery due by 7/25/2019. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. Pretrial Conference set for 1/10/2019 at 04:30 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 10/10/2018) (kv)
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Minute Entry for proceedings held before Judge Paul A. Crotty: Initial Pretrial Conference held on 10/10/2018. REMARK: Aaron Scheitzer appeared for the plaintiffs. Keli Liu appeared for the defendants. The Court approved the CCMP. Plaintiff may move the Court for a collective action motion after January 1, 2019. A conference is set for January 10, 2019 at 4:30 PM. See transcript for details. (Court Reporter Sam Mauro) (dgo)
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Filing 20
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from Keli Liu dated 10/9/2018 re: #19 LETTER MOTION for Conference Requesting a Pre Motion Conference for Plaintiffs MCCC addressed to Judge Paul A. Crotty from John Troy dated 10/05/2018. . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Liu, Keli)
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Filing 19
LETTER MOTION for Conference Requesting a Pre Motion Conference for Plaintiffs MCCC addressed to Judge Paul A. Crotty from John Troy dated 10/05/2018. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang.(Troy, John)
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Filing 18
PROPOSED CASE MANAGEMENT PLAN. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Troy, John)
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Filing 17
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/10/2018 at 11:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 9/14/2018) (dgo)
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Filing 16
ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc.(Liu, Keli)
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Filing 15
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CK Tours, Inc, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc.(Liu, Keli)
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ORDER granting #12 Motion to Withdraw as Attorney. Attorney Phillip Hakyeon Kim terminated. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul)
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Filing 14
NOTICE OF APPEARANCE by Keli Liu on behalf of CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Liu, Keli)
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Filing 13
NOTICE OF APPEARANCE by Jian Hang on behalf of CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Hang, Jian)
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Filing 12
MOTION for Phillip Hakyeon Kim to Withdraw as Attorney . Document filed by CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc.(Kim, Phillip)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. All Defendants. Document filed by Skyliner Travel & Tour Bus Corp, CK Tours, Inc, Joanna Lau, Win Li Tours, Inc, Hyon-Sak Kim. (Kim, Phillip)
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Filing 10
NOTICE OF APPEARANCE by Phillip Hakyeon Kim on behalf of CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Kim, Phillip)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (jgo)
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Filing 8
CIVIL COVER SHEET filed. (Troy, John)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Troy. The party information for the following party/parties has been modified: Xuguang Chang; CK Tours, Inc; Win Li Tours, Inc; Skyliner Travel & Tour Bus Corp. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error; alias party name was omitted;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Troy to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): pdf case caption does not exactly match initial pleading caption. If all parties with alias and party text do not fit, use leading party name followed by 'et al';. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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Magistrate Judge Robert W. Lehrburger 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 7
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Haitao Wang.(Troy, John)
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Filing 6
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Chuan Hui Wang.(Troy, John)
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Filing 5
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Jun Ning.(Troy, John)
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Filing 4
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Xuguang Chang.(Troy, John)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to CK TOURS, INC d/b/a CK Tours and d/b/a Da Xing Tours; WIN LI TOURS, INC d/b/a Win Li Tour and d/b/a Heng Xing Tours; SKYLINER TRAVEL & TOUR BUS CORP d/b/a Skyliner Travel; HYON-SAK KIM a/k/a Peter Kim, and JOANNA LAU a/k/a Kin-Ching Lau, re: #1 Complaint,,. Document filed by Xuguang Chang, Jun Ning, Chuan Hui Wang, Haitao Wang. (Troy, John)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Troy, John) Modified on 7/9/2018 (jgo).
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Filing 1
COMPLAINT against CK Tours, Inc, Hyon-Sak Kim, Joanna Lau, Skyliner Travel & Tour Bus Corp, Win Li Tours, Inc. (Filing Fee $ 400.00, Receipt Number 0208-15293879)Document filed by Haitao Wang, Jun Ning, Xuguang Chang, Chuan Hui Wang. (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)
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