XIN WEI et al v. Umi Sushi, Inc. et al
Plaintiff: SUN XIN WEI, ZOU LING, ZHANG BAO GUO, Bao Guo Zhang, Xin Wei Sun and Ling Zou
Defendant: Umi Sushi, Inc. and ZHENG LUO KUN
Case Number: 1:2018cv11559
Filed: December 11, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Paul G Gardephe
Referring Judge: Barbara C Moses
Nature of Suit: Labor: Fair Standards
Cause of Action: 05 U.S.C. § 704
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2019 Opinion or Order Filing 16 ORDER VACATING CONSENT: It is hereby ORDERED that the consent to the jurisdiction of a magistrate judge (Dkt. No. 10) is VACATED. The Clerk of Court is respectfully directed to reassign Judge Gardephe as the presiding judge in this case. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/15/2019) (ks)
January 14, 2019 Filing 15 LETTER addressed to Magistrate Judge Barbara C. Moses from Defendants dated January 14, 2019 re: Consent Form. Document filed by Zheng Luo Kun, Umi Sushi, Inc..(Brand, Michael)
January 14, 2019 Filing 14 NOTICE OF APPEARANCE by Michael Aaron Brand on behalf of Zheng Luo Kun, Umi Sushi, Inc.. (Brand, Michael)
January 11, 2019 Filing 13 NOTICE OF APPEARANCE by Leonard X. Gillespie on behalf of Xin Wei Sun, Bao Guo Zhang, Ling Zou. (Gillespie, Leonard)
January 7, 2019 Filing 12 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Zheng Luo Kun, Umi Sushi, Inc..(Wong, Vincent)
January 5, 2019 Filing 11 AFFIDAVIT OF SERVICE. Zheng Luo Kun served on 12/18/2018, answer due 1/8/2019; Umi Sushi, Inc. served on 12/18/2018, answer due 1/8/2019. Service was accepted by Crystal Davis. Document filed by Bao Guo Zhang; Xin Wei Sun; Ling Zou. (Shotkin, Isaiah)
January 2, 2019 Opinion or Order Filing 10 Vacated as per Judges Order dated 1/2/2019, Doc. #10 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Zheng Luo Kun, Xin Wei Sun, Umi Sushi, Inc., Bao Guo Zhang, Ling Zou. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge Paul G. Gardephe on 12/28/2018) (rjm) Modified on 1/15/2019 (ks).
December 14, 2018 Filing 9 ELECTRONIC SUMMONS ISSUED as to Zheng Luo Kun, Umi Sushi, Inc.. (dnh)
December 13, 2018 Opinion or Order Filing 8 ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: All discovery must be initiated in time to be concluded by the close of discovery set by the Court. Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and Part 11.B of Judge Moses's Individual Practices. It is the Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties' letters, unless a party shows good cause why more formal briefing should be required. Absent extraordinary circumstances, discovery applications made later than 30 days prior to the close of discovery may be denied as untimely. For motions other than discovery motions, pre-motion conferences are not required, but may be requested where counsel believe that an informal conference with the Court may obviate the need for a motion or narrow the issues. Requests to adjourn a court conference or other court proceeding (including a telephonic court conference) or to extend a deadline must be made in writing and in compliance with Part II.A of Judge Moses's Individual Practices. Telephone requests for adjournments or extensions will not be entertained. In accordance with Part LC of Judge Moses's Individual Practices, letters and letter motions are limited to four pages, exclusive of attachments. Courtesy copies of letters and letter motions filed via ECF are required only if the filing contains attachments, which must be attached with protruding tabs. If you are aware of any party or attorney who should receive notice in this action, other than those currently listed on the docket sheet, please notify Courtroom Deputy Kevin Snell at (212) 805-0228 immediately. Counsel for the plaintiff must serve a copy of this Order on any defendant previously served with the summons and complaint, must serve this Order along with the summons and complaint on all defendants served hereafter, and must file proof of such service with the Court. So Ordered (Signed by Magistrate Judge Barbara C. Moses on 12/13/2018) (js)
December 13, 2018 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Umi Sushi, Inc and Zheng Luo Kun, re: #1 Complaint. Document filed by Xin Wei Sun, Bao Guo Zhang, Ling Zou. (Shotkin, Isaiah)
December 13, 2018 Opinion or Order Filing 6 ORDER REFERRING CASE TO 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 Barbara C. Moses. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/13/2018) (jca)
December 13, 2018 Filing 5 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Umi Sushi, Inc and Zheng Luo Kun, re: #2 Complaint. Document filed by Xin Wei Sun, Bao Guo Zhang, Ling Zou. (Shotkin, Isaiah) Modified on 12/13/2018 (dnh).
December 13, 2018 Filing 4 CIVIL COVER SHEET filed. (Shotkin, Isaiah)
December 13, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Isaiah Frederick Shotkin to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons Not Linked to Corresponding Pleading; Summons request should be linked to docket entry #1 Complaint. Docket entry #2 is a deficient filing. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
December 13, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Isaiah Frederick Shotkin to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons Not Linked to Corresponding Pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
December 12, 2018 Filing 3 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Umi Sushi, Inc and Zheng Luo Kun, re: #2 Complaint. Document filed by Xin Wei Sun, Bao Guo Zhang, Ling Zou. (Shotkin, Isaiah) Modified on 12/13/2018 (dnh).
December 12, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Isaiah Frederick Shotkin to RE-FILE Document No. #2 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
December 12, 2018 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Isaiah Frederick Shotkin. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
December 12, 2018 Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 400.00. Pay.gov receipt number BNYSDC-16035175, paid on 12/11/2018. (pc)
December 12, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Isaiah Frederick Shotkin. The party information for the following party/parties has been modified: ZHANG BAO GUO, SUN XIN WEI, ZOU LING, ZHENG LUO KUN, Umi Sushi, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (pc)
December 12, 2018 Magistrate Judge Barbara C. Moses 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. (pc)
December 12, 2018 Case Designated ECF. (pc)
December 12, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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. (pc)
December 11, 2018 Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against ZHENG LUO KUN, Umi Sushi, Inc.. Document filed by ZHANG BAO GUO, SUN XIN WEI, ZOU LING.(Shotkin, Isaiah) Modified on 12/12/2018 (pc).
December 11, 2018 Filing 1 COMPLAINT against ZHENG LUO KUN, Umi Sushi, Inc.. Document filed by ZHANG BAO GUO, SUN XIN WEI, ZOU LING.(Shotkin, Isaiah)

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Defendant: Umi Sushi, Inc.
Represented By: Michael Aaron Brand
Represented By: Vincent Wong
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Defendant: ZHENG LUO KUN
Represented By: Michael Aaron Brand
Represented By: Vincent Wong
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Plaintiff: SUN XIN WEI
Represented By: Isaiah Frederick Shotkin
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Plaintiff: ZOU LING
Represented By: Isaiah Frederick Shotkin
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Plaintiff: ZHANG BAO GUO
Represented By: Isaiah Frederick Shotkin
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Plaintiff: Bao Guo Zhang
Represented By: Isaiah Frederick Shotkin
Represented By: Leonard X. Gillespie
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Plaintiff: Xin Wei Sun
Represented By: Isaiah Frederick Shotkin
Represented By: Leonard X. Gillespie
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Plaintiff: Ling Zou
Represented By: Isaiah Frederick Shotkin
Represented By: Leonard X. Gillespie
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