Huang et al v. Shanghai City Corp et al
| Hui Zhen Huang, Lianqin Lu, Huer Huang, Clara Flores, Juan Li, Haihua Zhai, Gloria Perez Mendez, Reyes Perez Guerrero, Hai Hua Zhai, Jianguo Zhao, Maximino Raymundo, Zhenghua Wang, Guoliang Xu, Guang Qing He, Aragon Cardoso Cruz, Baofu Yan, BINGBO XU and Alberto Saldivia |
| Terry Ho, Solomon C Liou, East Brother, Corp, Cheng Kueng Liu, Lillian Liou, Yiu Fi Fong, Yun Cai, William Ko, Shanghai Duplicate Corp, Shanghai Original Inc, Kiu Sang Si, John Zhang, Shanghai City Corp, Mimi Si, Gui Bing Shi, Tun Yee Lam, Yiu Fai Fong, Joe Si, Peter Lam, Terry, Joseph Si, Shanghai Duplicate Corp doing business as Joe's Shanghai, East Brother, Corp doing business as Joe's Shanghai, Shanghai Original Inc doing business as Joe's Shanghai and Shanghai City Corp doing business as Joe's Shanghai |
| 1:2019cv07702 |
| August 16, 2019 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Lorna G Schofield |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.
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Filing 169
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. Document filed by BINGBO XU..(Troy, John)
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Filing 168
CONSENT TO JOIN CLASS. Document filed by BINGBO XU..(Troy, John)
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Filing 167
CONSENT TO JOIN CLASS. Document filed by Alberto Saldivia..(Troy, John)
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Filing 166
ORDER granting #165 Attorney John Troy's Motion to Withdraw as Attorney for Plaintiff Juan Li. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (epb)
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Filing 165
MOTION for John Troy to Withdraw as Attorney . Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Clara Flores(on behalf of themselves and others similarly situated), Guang Qing He, Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves and others similarly situated), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves and others similarly situated), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves and others similarly situated), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves and others similarly situated), Maximino Raymundo, Zhenghua Wang, Guoliang Xu, Baofu Yan, Hai Hua Zhai, Haihua Zhai, Jianguo Zhao. (Attachments: #1 Affidavit Declaration in Support of Motion to Withdraw as an Attorney, #2 Supplement Memo in Support of Motion to Withdraw as Attorney, #3 Exhibit Text Message, #4 Exhibit Post Card Redacted, #5 Exhibit WeChat Profile, #6 Exhibit WeChat Message, #7 Exhibit Intent to Withdraw).(Troy, John)
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Filing 164
ORDER granting #160 Letter Motion for Discovery. The Court has before it a letter motion for discovery sanctions against Plaintiff Juan Li, Dkt. No. 160, and Plaintiff's response. Dkt. No. 163. For the following reasons, the Court grants Defendants' request that Li's case be dismissed with prejudice. Defendants' request that Plaintiff's counsel be held jointly and severally liable for the $3,300.00 sanction the Court imposed on Plaintiffs in a previous order is denied. Dkt. No. 149 at 38. Defendants' request for additional monetary sanctions for time spent in preparing the instant motion is also denied. (As further set forth herein.)The Court has given Li numerous opportunities to comply with the Court's orders and her discovery obligations in this case. Having become fully unresponsive, both to the Court's orders and Defendants' discovery requests, the harsh sanction of dismissal with prejudice is warranted. Li chose to join the lawsuit and has now denied Defendants the discovery necessary to defend the case. She has blithely ignored the Court's directives. Through her silence in response to her own counsel's attempts to contact her, Li has expressed her intent no longer to prosecute her claims. The Court has given Li many chances. No other sanction sufficiently vindicates the Court's authority; no other sanction would assure her compliance with her discovery obligations or the Court's orders. Defendants further request that Plaintiffs' counsel be held jointly responsible for the $3,300.00 in costs that the Court imposed on Plaintiffs in its October 19, 2020 order. Dkt. No. 158 at 38. The request is denied. The costs should be paid by Li who failed to appear. Additionally, Defendants ask that the Court impose an additional $2,200 in attorney's fees for having to renew the motion for sanctions. Dkt. No. 160 at 4. This request is denied. Rule 37(a)(5)(A) makes payment of attorney's fees mandatory, but only for motions for discovery, not for motions for sanctions. Although the Court may have the authority to impose sanctions for a frivolous opposition to a motion for sanctions, the Court does not find that counsel's advocacy for his client was improper. Therefore, Defendants' request for additional sanctions is denied. The Court previously denied Plaintiffs' counsel motion to withdraw from the representation of Li, noting the prejudice to the Defendants from granting the motion while the motion for sanctions was still outstanding. That issue having been resolved, Plaintiffs' counsel may renew its motion to withdraw by December 23, 2020. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/9/2020) (va)
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Set/Reset Deadlines: Motions due by 12/23/2020. (va)
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Filing 163
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from John Troy dated 12/07/2020 re: #160 LETTER MOTION for Discovery Sanctions addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated December 1, 2020. Plaintiff's Motion in Opposition for Renewed Discovery Sanctions. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Clara Flores(on behalf of themselves and others similarly situated), Guang Qing He, Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves and others similarly situated), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves and others similarly situated), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves and others similarly situated), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves and others similarly situated), Maximino Raymundo, Zhenghua Wang, Guoliang Xu, Baofu Yan, Hai Hua Zhai, Haihua Zhai, Jianguo Zhao..(Schweitzer, Aaron)
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Filing 162
ORDER re: #161 Letter, filed by Reyes Perez Guerrero, Aragon Cardoso Cruz, Clara Flores, Gloria Perez Mendez, Maximino Raymundo. In response to concerns raised by the Court in its order dated October 19, 2020, Dkt. No. 158, Plaintiffs have submitted a Revised Notice of Pendency. Dkt. No. 161. Because the Revised Notice of Pendency addresses the issues raised by the Court, the Notice is APPROVED. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/7/2020) (va)
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Filing 161
LETTER addressed to Judge Lewis J. Liman from John Troy dated December 2, 2020 re: Letter Submitting Further-Revised Notice of Pendency. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo. (Attachments: #1 Exhibit 01 Further-Revised Notice of Pendency).(Troy, John)
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Filing 160
LETTER MOTION for Discovery Sanctions addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated December 1, 2020. Document filed by East Brother, Corp, Yiu Fai Fong, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si..(Horowitz, David)
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Filing 159
ORDER denying without prejudice to renewal #151 Motion to Withdraw as Attorney. ; denying without prejudice to renewal #154 Letter Motion for Discovery; denying #156 Motion for Reconsideration. Therefore, Defendants request for clarification is granted. The Flushing conditional collective class shall be limited to nonexempt, non-managerial current and former kitchen workers at the Flushing Restaurant. The Court will allow Li six weeks from the date of this Order to respond to the interrogatories. If she has not responded by November 30, 2020, the Court will entertain a renewed motion to dismiss her claim with prejudice either as a sanction or for failure to prosecute. Plaintiffs' counsel will continue to represent Li until at least after the six weeks have run from the date of this Order. The motion to withdraw is denied without prejudice to renewal after six weeks have expired. The Court denies the motion for reconsideration. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/19/2020) (va)
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Filing 158
OPINION & ORDER re: #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification, filed by Juan Li, Reyes Perez Guerrero, Aragon Cardoso Cruz, Clara Flores, Gloria Perez Mendez, Maximino Raymundo, Lianqin Lu. The Court dismisses the claims of Huer Huang and Hui Zhen Huang. Additionally, the Court imposes $3,300.00 in costs on Plaintiffs for their failure to produce Lu, Li, and Zhai for their depositions. Plaintiffs are further ordered to produce the responses to Li's interrogatories by October 14, 2020. The Court declines to certify a collective action for employees of the Midtown Restaurant. The Court conditionally certifies a collective action represented by named plaintiffs Aragon Cardoso Cruz and Maximino Raymundo concerning Defendants' alleged "common policy of (i) not paying Plaintiffs for all the hours they worked, (ii) failure to pay Plaintiffs at least the minimum wage for each hour worked, and (iii) failure to pay at least the one and one half (1.5x) rate the equivalent hourly rate or the minimum wage, whichever is higher, for each hour worked in excess of forty (40) hours in a work week." Dkt. No. 119 at 14. The conditional class includes "the named [p]laintiff[s] and all nonexempt current and former employees of Defendants... who performed work as non-exempt, non-managerial [kitchen workers] from August 16, 2016 to present" at the Flushing Restaurant. Dkt. No. 135 at 2. Plaintiffs shall submit a revised form of notice to the Court for its approval within two weeks of the date of this Order. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/19/2020) (va) Transmission to Finance Unit (Cashiers) for processing.
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Filing 157
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from John Troy dated October 16, 2020 re: #154 LETTER MOTION for Discovery Sanction addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated October 15, 2020. Opposition to Defendants' Letter Motion to Dismiss Non-Responsive Plaintiff JUAN LI with Prejudice. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 156
MOTION for Reconsideration re; #149 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,, Reconsider the Portion of the Court's October 1, 2020 Order Declining to Conditionally Certify a Collective at the Midtown Location. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Schweitzer, Aaron)
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Filing 155
LETTER addressed to Judge Lewis J. Liman from Aaron Schweitzer dated October 15, 2020 re: Letter Submitting Revised Notice of Pendency per Court Oder dated October 1, 2020. Dkt. Entry No. 149.. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai. (Attachments: #1 Exhibit 01 Plaintiffs' Proposed Revised Notice of Pendency, #2 Exhibit 02 Defendants' Proposed Revisions to Plaintiffs' Proposed Revised Notice of Pendency).(Schweitzer, Aaron)
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Filing 154
LETTER MOTION for Discovery Sanction addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated October 15, 2020. Document filed by East Brother, Corp, Yiu Fai Fong, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si..(Horowitz, David)
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Filing 153
MEMORANDUM OF LAW in Support re: #151 MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney for Plaintiff JUAN LI *ONLY*. MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney for Plaintiff JUAN LI *ONLY*. MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney for Plaintiff JUAN LI *ONLY*. MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney for Plaintiff JUAN LI *ONLY*. . Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 152
DECLARATION of John Troy in Support re: #151 MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney for Plaintiff JUAN LI *ONLY*. MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney for Plaintiff JUAN LI *ONLY*. MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney for Plaintiff JUAN LI *ONLY*. MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney for Plaintiff JUAN LI *ONLY*.. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai. (Attachments: #1 Exhibit 01 Text Message to Plaintiff JUAN LI, #2 Exhibit 02 Post Card to Plaintiff JUAN LI, Redacted, #3 Exhibit 03 WeChat Profile of JUAN LI at Residence of JUAN LI during House Visit, #4 Exhibit 04 WeChat Message from JUAN LI, #5 Exhibit 05 Email Notifying Opposing Counsel of Intent to Withdraw as to Plaintiff JUAN LI).(Troy, John)
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Filing 151
MOTION for John Troy and Aaron B. Schweitzer of Troy Law, PLLC to Withdraw as Attorney for Plaintiff JUAN LI *ONLY*. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 150
LETTER addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated October 6, 2020 re: Defendants Request for Clarification / Correction of Order Defining and Limiting Flushing Conditional Collective Class (Doc 149). Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 149
OPINION AND ORDER: The Court dismisses the claims of Huer Huang and Hui Zhen Huang. Additionally, the Court imposes $3,300.00 in costs on Plaintiffs for their failure to produce Lu, Li, and Zhai for their depositions. Plaintiffs are further ordered to produce the responses to Li's interrogatories by October 14, 2020. The Court declines to certify a collective action for employees of the Midtown Restaurant. The Court conditionally certifies a collective action represented by named plaintiffs Aragon Cardoso Cruz and Maximino Raymundo concerning Defendants' alleged "common policy of (i) not paying Plaintiffs for all the hours they worked, (ii) failure to pay Plaintiffs at least the minimum wage for each hour worked, and (iii) failure to pay at least the one and one half (1.5x) rate the equivalent hourly rate or the minimum wage, whichever is higher, for each hour worked in excess of forty (40) hours in a work week." Dkt. No. 119 at 14. The conditional class includes "the named [p]laintiff[s] and all nonexempt current and former employees of Defendants... who performed work as non-exempt, non-managerial employees from August 16, 2016 to present" at the Flushing Restaurant. Dkt. No. 135 at 2. Plaintiffs shall submit a revised form of notice to the Court for its approval within two weeks of the date of this Order. (As further set forth in this Order.) Huer Huang (on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class) and Hui Zhen Huang (on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class) terminated. (Signed by Judge Lewis J. Liman on 10/1/2020) (cf)
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Filing 148
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/3/2020 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....(McGuirk, Kelly)
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Filing 147
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/3/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Kelly Surina, (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 10/2/2020. Redacted Transcript Deadline set for 10/13/2020. Release of Transcript Restriction set for 12/10/2020..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 9/3/2020 in re: (Dkt. No. 117) Plaintiffs' Motion of Conditional Collective Class Certification. Aaron Schweitzer present by telephone for Plaintiffs. David Horowitz present by telephone for Defendants. Court reporter present by telephone. The Court heard arguments from both Plaintiffs and Defendants. Decision reserved by the Court. Plaintiffs directed to order transcript on an expedited basis. (mf) Modified on 9/10/2020 (mf).
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Filing 146
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Mimi Si pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Aragon Cardoso Cruz, Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Troy, John)
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #146 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Lewis J. Liman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety; the plaintiff(s) filed their voluntary dismissal in a Fair Labor Standards Act (FLSA) case. (dt)
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Filing 145
ORDER denying #143 Letter Motion to Adjourn Conference. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney John Troy. RE-FILE Document No. #144 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation needs to have handwritten signatures of the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
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Filing 144
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Mimi Si pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Aragon Cardoso Cruz, Maximino Raymundo, Hai Hua Zhai, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Troy, John) Modified on 8/31/2020 (km).
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Filing 143
LETTER MOTION to Adjourn Conference to Later of the day on September 3, 2020, but only if that is possible and convenient to the Court (if not, to proceed as scheduled) (Defendants' counsel is available for oral argument all day) addressed to Judge Lewis J. Liman from Aaron Schweitzer dated August 28, 2020. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Schweitzer, Aaron)
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Filing 142
MEMO ENDORSEMENT on re: #141 Letter, filed by Gui Bing Shi, Kiu Sang Si, East Brother, Corp, John Zhang, Yun Cai, Shanghai Duplicate Corp, William Ko, Yiu Fai Fong, Shanghai Original Inc, Tun Yee Lam, Terry Ho, Shanghai City Corp. ENDORSEMENT: Application GRANTED. No further extensions. ( Fact Discovery due by 9/22/2020.) (Signed by Judge Lewis J. Liman on 8/25/2020) (mro)
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Filing 141
LETTER addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated August 22, 2020 re: Request for Extension of Time to Complete Fact Discovery. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 140
ORDER re: #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification. filed by Juan Li, Reyes Perez Guerrero, Aragon Cardoso Cruz, Clara Flores, Gloria Perez Mendez, Maximino Raymundo, Lianqin Lu. At 12:00 p.m. on September 3, 2020, the parties shall appear for oral argument on the plaintiffs motion for conditional class certification (Dkt. No. 117). The argument will proceed telephonically. Parties are directed to call (888) 251-2909 and use access code 2123101. The parties should be prepared to discuss, by restaurant location, which named plaintiffs have ripe FLSA claims as well as to identify the existence of any putative opt-in plaintiffs who would have ripe FLSA claims and are similarly situated to such named plaintiffs. SO ORDERED. ( Telephone Conference set for 9/3/2020 at 12:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 8/20/2020) (va)
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Filing 139
ORDER granting #137 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/4/2020) (va)
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Filing 138
LETTER RESPONSE to Motion addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated August 4, 2020 re: #137 LETTER MOTION for Extension of Time to File letter motions for pre-dispositive motion conferences, and oppositions thereto; STATUS REPORT addressed to Judge Lewis J. Liman from Aaron B. Schweitzer dated 8-3-2020. . Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 137
LETTER MOTION for Extension of Time to File letter motions for pre-dispositive motion conferences, and oppositions thereto; STATUS REPORT addressed to Judge Lewis J. Liman from Aaron B. Schweitzer dated 8-3-2020. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Schweitzer, Aaron)
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Filing 136
REPLY MEMORANDUM OF LAW in Support re: #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification. . Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 135
REPLY AFFIRMATION of John Troy in Support re: #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification.. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo. (Attachments: #1 Exhibit 01 Affidavit of Plaintiff LIANQIN LU in Further Support of MCCC, #2 Exhibit 02 Affidavit of Plaintiff GLORIA PEREZ in Further Support of MCCC, #3 Exhibit 03 Affidavit of Plaintiff CLARA FLORES in Further Support of MCCC, #4 Exhibit 04 Affidavit of Plaintiff REYES PEREZ GUERRERO in Further Support of MCCC, #5 Exhibit 05 Affidavit of Plaintiff HAI HUA ZHAI in Further Support of MCCC, #6 Exhibit 06 Affidavit of Plaintiff ARAGON CARDOSO CRUZ in Further Support of MCCC, #7 Exhibit 07 Affidavit of Plaintiff MAXIMINO RAYMUNDO in Further Support of MCCC, #8 Exhibit 08 Affidavit of Plaintiff DANIEL JIMENEZ in Further Support of MCCC, #9 Exhibit 09 Deposition of Tun Yee Lam: Rate of Pay Contradiction, #10 Exhibit 10 Deposition of William Ko: Strict Schedule Claim and Inconsistency, #11 Exhibit 11 Deposition of William Ko: No Knowledge of Spread of Hours before 2017/2018, #12 Exhibit 12 Deposition of William Ko: Inconsistency Regarding Spread of Time).(Troy, John)
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Filing 134
ORDER granting #133 Letter Motion for Extension of Time to Complete Discovery (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM)
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Filing 133
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lewis J. Liman from John Troy dated July 20, 2020. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai. (Attachments: #1 Exhibit 01 Deficiency Letter, #2 Exhibit 02 Defendant's Response to Deficiency Letter, #3 Exhibit 03 Email Correspondence, #4 Exhibit 04 Sample Illegible Document Production, #5 Exhibit 05 Interrogatories Response, All Defs, #6 Exhibit 06 Interrogatories Response, William Ko).(Troy, John)
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Filing 132
MEMO ENDORSEMENT on re: #131 Letter filed by Lillian Liou. ENDORSEMENT: Pursuant to the Court's May 11, 2020 opinion and order, the motion for judgment on the pleadings as to claims against Lilian Liou was granted. Accordingly, it is confirmed that she need not respond to the corrected First Amended Complaint. (Signed by Judge Lewis J. Liman on 7/17/2020) (va)
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Filing 131
LETTER addressed to Judge Lewis J. Liman from Lynn E. Judell dated July 16, 2020 re: Plaintiffs' First Amended Complaint. Document filed by Lillian Liou..(Judell, Lynn)
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Filing 130
ORDER granting #129 Letter Motion for Extension of Time to File Response/Reply re #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification. Application GRANTED. No further extensions. Replies due by 7/27/2020. (Signed by Judge Lewis J. Liman on 7/13/2020) (va)
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Filing 129
FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lewis J. Liman from John Troy dated 07/13/2020. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Clara Flores(on behalf of themselves and others similarly situated), Guang Qing He, Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves and others similarly situated), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves and others similarly situated), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves and others similarly situated), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves and others similarly situated), Maximino Raymundo, Zhenghua Wang, Guoliang Xu, Baofu Yan, Hai Hua Zhai, Haihua Zhai, Jianguo Zhao..(Troy, John)
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Filing 128
ORDER: This conference previously set for July 24, 2020 is ADJOURNED sine die. The deadline for completion of fact discovery remains July 22, 2020. (Fact Discovery due by 7/22/2020.) (Signed by Judge Lewis J. Liman on 7/7/2020) (cf)
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Filing 127
MEMORANDUM OF LAW in Opposition re: #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification. . Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 126
DECLARATION of Tun Yee Lam in Opposition re: #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification.. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang. (Attachments: #1 Exhibit I - Plaintiff Aragon Cardoso Cruz - East Brothers notices of pay rate, time cards and payroll records, #2 Exhibit J - Plaintiff Maximino Raymundo - Originals notice of pay rate from 2011 and East Brothers notices of pay rate, time cards and payroll records, #3 Exhibit K - Plaintiff Daniel Cortes Jimenez - East Brothers notices of pay rate).(Horowitz, David)
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Filing 125
DECLARATION of Tun Yee Lam in Opposition re: #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification.. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang. (Attachments: #1 Exhibit I - Plaintiff Aragon Cardoso Cruz - East Brothers notices of pay rate, time cards and payroll records).(Horowitz, David)
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Filing 124
DECLARATION of William Ko in Opposition re: #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification.. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang. (Attachments: #1 Exhibit A - Plaintiff Huer Huang - Citys notices of pay rate, time cards and payroll records, #2 Exhibit B - Plaintiff Lian Qin Lu - Citys notices of pay rate, time cards and payroll records, #3 Exhibit C - Plaintiff Gloriz Perez Mendez - Citys notices of pay rate, time cards and payroll records, #4 Exhibit D - Plaintiff Clara Flores - Citys notices of pay rate, time cards and payroll records, #5 Exhibit E - Plaintiff Reyes Perez Guerrero - Citys notices of pay rate, time cards and payroll records, #6 Exhibit F - Plaintiff Hui Zhen Huang - Citys notices of pay rate, time cards and payroll records, #7 Exhibit G - Plaintiff Juan Li - Citys notices of pay rate, time cards and payroll records, #8 Exhibit H - Plaintiff - Hai Hua Zhai aka Bin Xu - Citys notices of pay rate, time cards and payroll records Citys notices of pay rate, time cards and payroll records).(Horowitz, David)
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Filing 123
MOTION TO WITHDRAW AS COUNSEL granting #122 Motion to Withdraw as Attorney. SO ORDERED. Attorney Leanghour Lim terminated. (Signed by Judge Lewis J. Liman on 7/1/2020) (va)
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Filing 122
MOTION for Leanghour Lim to Withdraw as Attorney for Plaintiffs. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Lim, Leanghour)
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Filing 121
MEMO ENDORSEMENT on re: #120 Letter, filed by Gui Bing Shi, Kiu Sang Si, East Brother, Corp, John Zhang, Yun Cai, Shanghai Duplicate Corp, William Ko, Yiu Fai Fong, Shanghai Original Inc, Tun Yee Lam, Terry Ho, Shanghai City Corp. ENDORSEMENT: Application for extension GRANTED. ( Responses due by 7/6/2020.) (Signed by Judge Lewis J. Liman on 6/24/2020) (va)
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Filing 120
LETTER addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated June 24, 2020 re: Defendants Request for One Week Extension of Time to Respond to Plaintiffs Motion for Conditional Collective Class Certification (Doc 117). Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 119
MEMORANDUM OF LAW in Support re: #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification. . Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 118
AFFIDAVIT of John Troy in Support re: #117 MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification.. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo. (Attachments: #1 Exhibit 01 Complaint, #2 Exhibit 02 First Amended Complaint, #3 Exhibit 03 Second Amended Complaint, #4 Exhibit 04 Proposed Notice of Pendency and Consent to Join Form, #5 Exhibit 05 Proposed Publication Order, #6 Exhibit 06 Affidavit of Plaintiff LIANQIN LU in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #7 Exhibit 07 Affidavit of Plaintiff GLORIA PEREZ MENDEZ in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #8 Exhibit 08 Affidavit of Plaintiff REYES PEREZ GUERRERO in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #9 Exhibit 09 Affidavit of Plaintiff HAI HUA ZHAI in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #10 Exhibit 10 Affidavit of Plaintiff ARAGON CARDOSO CRUZ in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #11 Exhibit 11 Affidavit of Plaintiff RAYMUNDO MAXIMINO in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #12 Exhibit 12 Affidavit of Plaintiff BAOFU YAN in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #13 Exhibit 13 Affidavit of Plaintiff GUOLIANG XU in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #14 Exhibit 14 Affidavit of Plaintiff ZHENGHUA WANG in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #15 Exhibit 15 Affidavit of Plaintiff JIANGUO ZHAO in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #16 Exhibit 16 Affidavit of Plaintiff GUANG QING HE in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #17 Exhibit 17 Affidavit of Plaintiff SHUN HAI ZHANG in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #18 Exhibit 18 Affidavit of Plaintiff QUN CHENG in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #19 Exhibit 19 Affidavit of Plaintiff DANIEL CORTEZ JIMENEZ in Support of Plaintiffs' Motion of Conditional Collective Class Certification).(Troy, John)
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Filing 117
MOTION to Certify Class Plaintiffs' Motion of Conditional Collective Class Certification. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo..(Troy, John)
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Filing 116
ORDER denying without prejudice #110 Motion to Withdraw as Attorney. Troys application (Dkt. No. 110) is DENIED WITHOUT PREJUDICE to being renewed after the deadline for compliance with the Courts orders has expired or the discovery is produced. In light of the foregoing, the deadline for discovery is EXTENDED to July 22, 2020. The status conference previously set for July 6, 2020 is ADJOURNED to July 24, 2020 at 12:00 p.m. It will proceed telephonically. The parties are directed to call (888) 251-2909 and use access code 2123101. So Ordered. (Signed by Judge Lewis J. Liman on 6/12/2020) (js)
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Set/Reset Deadlines: ( Discovery due by 7/22/2020.), Set/Reset Hearings:( Telephone Conference set for 7/24/2020 at 12:00 PM before Judge Lewis J. Liman.) (js)
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Filing 115
LETTER RESPONSE to Motion addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated June 12, 2020 re: #107 LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated June 8, 2020. Reply to Plaintiffs' response (Dkt No. 108) to Defendants' Discovery Motion (Dkt No. 107) regarding the depositions of Plaintiffs Lianqin Lu, Juan Li and Hai Hua Zhai construed by the court (Order, Dkt No. 109) as a motion for a protective order. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 114
ANSWER to #103 Amended Complaint,,,,, with JURY DEMAND. Document filed by Mimi Si..(Huang, Xue)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #113 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt)
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Filing 113
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai. Related Document Number: #110 ..(Troy, John) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 112
MEMORANDUM OF LAW in Support re: #110 MOTION to Withdraw as Attorney for Plaintiffs Huer Huang and Hui Zhen Huang. . Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 111
DECLARATION of John Troy in Support re: #110 MOTION to Withdraw as Attorney for Plaintiffs Huer Huang and Hui Zhen Huang.. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai. (Attachments: #1 Exhibit Text Message with Plaintiffs Huer Huang and Hui Zhen Huang).(Troy, John)
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Filing 110
MOTION to Withdraw as Attorney for Plaintiffs Huer Huang and Hui Zhen Huang. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 109
ORDER granting in part and denying in part #107 Letter Motion for Discovery. The Court is in receipt of Defendants' discovery motion (Dkt. No. 107) and Plaintiffs' response (Dkt. No. 108). Having considered the papers and the applicable law, the following is HEREBY ORDERED: 1. Due to the failure of Plaintiffs Huer Huang and Hui Zhen Huang to attend their depositions, a failure that they and their counsel fail to justify, sanctions in the form of reasonable expenses of $1,760.00 are hereby imposed on those two parties, jointly and severally with their counsel. See Fed. R. Civ. P. 37(d). 2. The Court construes Plaintiffs' response (Dkt. No. 108) regarding the depositions of Plaintiffs Lianqin Lu, Juan Li, and Hai Hua Zhai as a motion for a protective order. Defendants shall respond to that motion no later than 5:00 p.m. on June 12, 2020. 3. Plaintiffs Huer Huang, Hui Zhen Huang, and Juan Li shall respond to Defendants' document requests and interrogatories no later than July 3, 2020. The remainder of the request for an order compelling Plaintiffs to respond to interrogatories and document requests is denied as moot. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/10/2020) (va)
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Set/Reset Deadlines: Answer to Interrogatories due by 7/3/2020. Responses due by 6/12/2020. (va)
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Filing 108
RESPONSE re: #107 LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated June 8, 2020. Plaintiffs' Opposition to Defendants' Motion for Discovery. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 107
LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated June 8, 2020. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang. (Attachments: #1 Exhibit A - EBT notice to HUER HUANG, #2 Exhibit B - EBT notice to HUI ZHEN HUANG, #3 Exhibit C - David's Email to Troy on March 12, 2020, #4 Exhibit D - David's Email to Aaron RE: Huer Huangs default on March 12, 2020, #5 Exhibit E - Huer Huang's Statement on March 12, 2020, #6 Exhibit F - Aaron's Email on March 12, 2020, #7 Exhibit G - HUI ZHEN HUANG's Statement on March 12, 2020, #8 Exhibit H - Advanced Reporting Service Invoice, #9 Exhibit I - Legal Language Services Invoice, #10 Exhibit J - David's Email to Troy on March 30, 2020, #11 Exhibit K - David's Email to Troy on April 2, 2020, #12 Exhibit L - David's Email to Troy on May 15, 2020, #13 Exhibit M - David's Email to Troy on May 22, 2020, #14 Exhibit N - Troy's Email to David on May 25, 2020, #15 Exhibit O - David's Email to Troy on May 26, 2020, #16 Exhibit P - Aaron's Email to David on May 26, 2020, #17 Exhibit Q - David's Email to Aaron - May 26, 2020, #18 Exhibit R - Aaron's Email to David on May 27, 2020 at 11:21 a.m., #19 Exhibit S - Troy's Email to David on May 27, 2020 at 11:36 a.m., #20 Exhibit T - David's Email to Troy on May 27, 2020 at 2:35 p.m., #21 Exhibit U - Aaron's Email to David on May 27, 2020 at 3:26 p.m., #22 Exhibit V - David's Email to Troy on May 27, 2020 at 4:30 p.m., #23 Exhibit W - Aaron's Email to David on May 27, 2020 at 6:19 p.m., #24 Exhibit X - David's Email to Aaron on May 27, 2020 at 9:04 p.m., #25 Exhibit Y - EBT Notice to Lianqin Lu, #26 Exhibit Z - EBT Notice to Juan Li, #27 Exhibit AA - EBT Notice to Hai Hua Zhai, #28 Exhibit BB - David's Email to Troy on Feb 13, 2020, #29 Exhibit CC - Defendants' First Set of Interrogatories to Plaintiffs, #30 Exhibit DD - Defendants' First Set of Document Requests to Plaintiffs).(Horowitz, David)
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Filing 106
ORDER granting #104 Letter Motion for Extension of Time: Application GRANTED. The Court will set a deadline for any motion for default judgment after a decision is rendered on the motion for conditional certification. (Signed by Judge Lewis J. Liman on 6/1/2020) (jwh)
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Filing 105
ANSWER to #103 Amended Complaint,,,,,. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 104
THIRD LETTER MOTION for Extension of Time to Move for Default Judgment addressed to Judge Lewis J. Liman from John Troy dated May 30, 2020. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 103
CORRECTED AMENDED COMPLAINT amending #17 Amended Complaint,,,, against Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Lillian Liou, Solomon C Liou, Cheng Kueng Liu, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, Mimi Si, John Zhang.Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Aragon Cardoso Cruz, Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). Related document: #17 Amended Complaint,,,,..(Schweitzer, Aaron)
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Filing 102
FILING ERROR - DEFICIENT PLEADING - PDF ERROR -SECOND AMENDED COMPLAINT amending #17 Amended Complaint,,,, against East Brother, Corp, Yiu Fai Fong, William Ko, Tun Yee Lam, Solomon C Liou, Shanghai City Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, Mimi Si.Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Aragon Cardoso Cruz, Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). Related document: #17 Amended Complaint,,,,..(Troy, John) Modified on 5/19/2020 (pc). Modified on 5/21/2020 (gp).
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Filing 101
ORDER: The Court has received an email from Plaintiff's counsel requesting clarification of the Courts Order that Plaintiff file a corrected complaint with properly numbered paragraphs. (See Dkt. No. 93 at 16.) To clarify: Plaintiff's corrected complaint shall make NO CHANGES TO OR DELETIONS OF the text of the First Amended Complaint (Dkt. No. 17) EXCEPT to replace the currently out-of-order paragraph numbers with numbers that correctly reflect the order of the paragraphs. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/18/2020) (va)
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Filing 100
CLERK'S CERTIFICATE OF DEFAULT as to Solomon C. Liou, issued May 12, 2020.(dt)
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Filing 99
CLERK'S CERTIFICATE OF DEFAULT as to CHENG KUENG LIU, issued May 12, 2020.(dt)
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Filing 98
AFFIRMATION of John Troy in Support re: #96 Proposed Clerk's Certificate of Default,,,, #97 Proposed Clerk's Certificate of Default,,,,. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 97
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Schweitzer, Aaron) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 96
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Schweitzer, Aaron) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 95
ORDER granting #94 Letter Motion for Extension of Time. No further extensions. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM)
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Filing 94
LETTER MOTION for Extension of Time to Move for Default Judgment against Individual Defendants Cheng Kueng Liu and Solomon Liou. addressed to Judge Lewis J. Liman from Aaron Schweitzer dated May 11, 2020. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Schweitzer, Aaron)
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Filing 93
OPINION & ORDER re: #75 MOTION to Dismiss, filed by Gui Bing Shi, Kiu Sang Si, East Brother, Corp, John Zhang, Yun Cai, Shanghai Duplicate Corp, William Ko, Yiu Fai Fong, Shanghai Original Inc, Tun Yee Lam, Terry Ho, Shanghai City Corp. For the foregoing reasons, the motion for judgment on the pleadings as to the claims against the Chinatown Defendants, namely Shanghai Duplicate Corp., Lillian Liou, Cheng Kueng Liu, Yun Cai, John Zhang, and Terry Ho, is GRANTED. The motions to dismiss the NYLL claims for lack of subject matter jurisdiction and to strike class claims are DENIED. IT IS FURTHER ORDERED that Plaintiffs file a corrected complaint with properly numbered paragraphs no later than one week from the date of this Order. The corrected complaint shall not contain any changes to the wording of the FAC; it shall only replace the current paragraph numbering with properly ordered numbers. Defendants' time to answer the Complaint will run from the time the corrected complaint is filed. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/11/2020) (va) Modified on 5/11/2020 (va).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney John Troy. RE-FILE Document No. #91 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Not as to format, also does not have the name of the person that was personally served, has all of the Defendants that were served. Prepare 1 Clerk's Certificate that is on the Court's Website, for each Defendant and add that the Amended Complaint was filed on, etc., etc., as the first part, then separately Re-file as there own entry the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (dt)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney John Troy to RE-FILE Document #92 Affidavit in Support. The Attached is a Request for Clerk's Certificate of Default, it is not an affidavit. Prepare an Affidavit in support of the Clerk's Certificate of Default, attach the request to the back of the Affidavit and file using the event type Affidavit in Support of a Non-Motion found under the event list other answers, if you decide to do it by Declaration, then file it using the event type Declaration in Support of a Non-Motion found under the event list other answers. (dt)
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Filing 92
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - AFFIDAVIT of John Troy in Support re: #91 Proposed Clerk's Certificate of Default,,,,. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John) Modified on 5/11/2020 (dt).
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Filing 91
FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/11/2020 (dt).
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Filing 90
LETTER addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated April 30, 2020 re: Update to Doc 88 Defendants Reply Memorandum Motion for Judgment on the Pleading. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 89
DEMAND for Trial by Jury. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai.(Troy, John)
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Filing 88
REPLY MEMORANDUM OF LAW in Support re: #75 MOTION to Dismiss . . Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 87
MEMORANDUM OF LAW in Opposition re: #75 MOTION to Dismiss . . Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Schweitzer, Aaron)
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Filing 86
SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,, served. Solomon C Liou served on 3/28/2020, answer due 4/20/2020. Service was accepted by Solomon C Liou. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit POS photo of Solomon C Liou, #2 Exhibit POS photo of Mailing to Solomon C Liou).(Troy, John)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 3/18/2020. Aaron Schweitzer present by telephone for Plaintiffs. David Horowitz present by telephone for Defendants, Shanghai City Corp et al. Xue Huang present by telephone for Defendant, Mimi Si. Lynn Judell present by telephone for Defendant, Lillian Liou. (mf)
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Filing 85
ORDER: As discussed at the telephonic conference held today, the following is HEREBY ORDERED: 1. Without objection from any party, the deadline for completion of all fact discovery is ADJOURNED to June 22, 2020. 2. A post-discovery status conference is SET for July 6, 2020 at 4:00 p.m. in Courtroom 15C of the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, New York. 3. In Order to protect public health while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. 4. Defendant Mimi Si may file any motion for summary judgment after the close of fact discovery and not before that time. 5. As discussed at the telephonic conference, a motion for sanctions may be filed with respect to the two deponents referenced in Defendants' letter-motion (Dkt. No. 78) and Plaintiffs' letter-motion (Dkt. No. 81) in response. The Clerk of Court is respectfully directed to TERMINATE the motions in Dkt. Nos. 78 and 81. SO ORDERED. ( Fact Discovery due by 6/22/2020. Status Conference set for 7/6/2020 at 04:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 3/18/2020) (va)
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Filing 84
ORDER: IT IS HEREBY ORDERED that a Telephone Conference will be held in this matter on Wednesday, March 18, 2020 at 10:00 a.m. to further discuss Plaintiffs' motion to stay all depositions (Dkt. No. 81) and Defendants' opposition (Dkt. No. 82). Parties are directed to dial in to the Court's teleconference number at 888-251-2909, Access Code 2123101 and follow the necessary prompts. SO ORDERED. ( Telephone Conference set for 3/18/2020 at 10:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 3/16/2020) (va)
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Filing 83
ORDER granting #81 Letter Motion to Stay. The Court is in receipt of Plaintiffs' letter requesting to stay depositions. (Dkt. No. 81.) The application is GRANTED. The parties are directed to Federal Rule of Civil Procedure 30(b)(4), which allows parties to stipulate and the Court, on motion, to order that a deposition is "taken by telephone or other remote means." The Court will grant any well-suppo1ted motion brought thereunder. IT IS FURTHER ORDERED that the previously-set deadline of April 15, 2020 for completion of all fact discovery (Dkt. No. 57) is RESET to July 20, 2020. Further, the previously set May 27, 2020 status conference (Dkt. No. 80) is RESET to August 17, 2020. The deadlines for pre-motion for summary judgment letters (Dkt. No. 68) are RESET as well. In advance of the August 17, 2020 status conference and no later than August 3, 2020, any party moving for summary judgment shall file on ECF a letter, not to exceed three pages in length, setting forth the basis for any anticipated summary judgment motion, including the legal standards and elements governing the claims at issue. Any opposing party shall file on ECF a letter, not to exceed three pages in length, responding to the letter by August 10, 2020. The content and timing for any anticipated motions for summary judgment shall be discussed at the August 17, 2020 status conference. In summary, the following deadlines are now in place: July 20, 2020: Completion of all fact discovery. August 3, 2020: Pre-MSJ letter due. August 10, 2020: Opposition to pre-MSJ letter due. August 17, 2020: Status conference. (Signed by Judge Lewis J. Liman on 3/13/2020) (mro)
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Set/Reset Deadlines: Fact Discovery due by 7/20/2020. (mro)
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Filing 82
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated March 13, 2020 re: #81 FIRST LETTER MOTION to Stay ALL Depositions until April 30, 2020 addressed to Judge Lewis J. Liman from John Troy dated March 12, 2020. . Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 81
FIRST LETTER MOTION to Stay ALL Depositions until April 30, 2020 addressed to Judge Lewis J. Liman from John Troy dated March 12, 2020. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Troy, John)
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Filing 80
RESCHEDULING ORDER: IT IS HEREBY ORDERED that the post-discovery status conference in this matter, previously scheduled for May 20, 2020 at 10:00 a.m. is RESCHEDULED for May 27, 2020 at 10:30 a.m. in Courtroom 15C of the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, New York. SO ORDERED. ( Status Conference set for 5/27/2020 at 10:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 3/12/2020) (va)
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Filing 79
ORDER denying #78 Letter Motion to Compel; denying #78 Letter Motion for Discovery. Application for an order compelling attendance is DENIED. Defendants may seek sanctions under Federal Rule of Civil Procedure 37(d)(1)(A)(i) if Plaintiffs "fai[l], after being served with proper notice, to appear for [their] deposition[s]." (Signed by Judge Lewis J. Liman on 3/11/2020) (va)
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Filing 78
LETTER MOTION to Compel Huer Huang & Hui Zhen Huang to attend their depositions addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated March 11, 2020., LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated March 11, 2020. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang. (Attachments: #1 DH email with 30 alternate dates, #2 DH email with Notice of Deposition, #3 DH email with confirmation of deposition dates, all parties, #4 DH email to reconfirm, #5 Troy email regarding plaintiffs not available, #6 DH email regarding advance notice, #7 Troy email regarding scheduling conflict).(Horowitz, David)
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Filing 77
MEMORANDUM OF LAW in Support re: #75 MOTION to Dismiss . . Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 76
DECLARATION of David B. Horowitz in Support re: #75 MOTION to Dismiss .. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 75
MOTION to Dismiss . Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 74
MEMO ENDORSEMENT on re: #73 Status Report, filed by Hai Hua Zhai, Huer Huang, Juan Li, Aragon Cardoso Cruz, Gloria Perez Mendez, Maximino Raymundo, Hui Zhen Huang, Reyes Perez Guerrero, Clara Flores, Lianqin Lu. ENDORSEMENT: Application to extend time to serve Defendant Solomon Liou and to extend time to move for default judgment against Individual Defendants Cheng Kueng Liu and Solomon Liou is GRANTED. If Defendants do not timely answer and if no extension to respond is granted, Plaintiffs shall move for default judgment by May 11, 2020. ( Motions due by 5/11/2020.) (Signed by Judge Lewis J. Liman on 3/3/2020) (va)
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Filing 73
STATUS REPORT. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai..(Schweitzer, Aaron)
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Filing 72
ORDER denying without prejudice #71 Letter Motion for Conference. Application DENIED without prejudice. Motions for summary judgment will be discussed at the previously-scheduled post-discovery conference set for May 20, 2020. (Signed by Judge Lewis J. Liman on 2/27/2020) (va)
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Filing 71
LETTER MOTION for Conference addressed to Judge Lewis J. Liman from MIMI SI dated 02/26/2020. Document filed by Mimi Si. (Attachments: #1 Exhibit JUDGMENT OF DIVORCE, #2 Exhibit PHYSICIAN'S LETTER).(Huang, Xue)
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Filing 70
MEMO ENDORSEMENT on re: #69 Letter, filed by Gui Bing Shi, Kiu Sang Si, East Brother, Corp, John Zhang, Yun Cai, Shanghai Duplicate Corp, William Ko, Yiu Fai Fong, Shanghai Original Inc, Tun Yee Lam, Terry Ho, Shanghai City Corp. ENDORSEMENT: Application to set briefing schedule on motion for judgment on the pleadings GRANTED. (Signed by Judge Lewis J. Liman on 2/14/2020) (rro)
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Filing 69
LETTER addressed to Judge Lewis J. Liman from David B. Horowitz, Esq. dated February 13, 2020 re: Joint Briefing Schedule for Motion for Judgment on the Pleading. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang..(Horowitz, David)
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Filing 68
ORDER: It is hereby: ORDERED that the deadlines set forth in the Order at Dkt. No. 56 remain in place. See also Dkt. No. 61. Specifically, any Second Amended Complaint ("SAC") is due February 7, 2020 and a letter on whether the SAC obviates the proposed motion for judgment on the pleadings is due February 14, 2020. If the SAC does not obviate the proposed motion for judgment on the pleadings, the letter shall propose a briefing schedule, jointly agreed on by both parties, which may not exceed 60 days in total from the filing date of the opening brief. ORDERED that the Case Management Plan at Dkt. No. 57 remains in effect until and including the deadline for discovery to close on April 15, 2020. All deadlines subsequent to April 15, 2020 are ADJOURNED pending further order of the Court. The parties are ORDERED to appear for a status conference on May 20, 2020 at 10:00 a.m. in Courtroom 15C of the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, New York. In advance of the status conference and no later than April 29, 2020, Defendants shall file on ECF a letter, not to exceed three pages in length, setting forth the basis for any anticipated summary judgment motion, including the legal standards and elements governing the claims at issue. Plaintiff shall file on ECF a letter, not to exceed three pages in length, responding to Defendants' letter by May 13, 2020. The content and timing for any anticipated motions for summary judgment shall be discussed at the May 20, 2020 status conference. Finally, Defendants Cheng Kueng Liu and Solomon Liou have been served but have not yet appeared (see Dkt. Nos. 23, 31). No later than March 2, 2020, plaintiffs' counsel is ORDERED to file on ECF a letter advising whether it intends to move for default judgment against these defendants or proceed in this case without them. SO ORDERED. ( Amended Pleadings due by 2/7/2020, Discovery due by 4/15/2020, Status Conference set for 5/20/2020 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 2/5/2020) (va)
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NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Lorna G. Schofield is no longer assigned to the case..(wb)
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Filing 67
LETTER addressed to Judge Lorna G. Schofield from Aaron B. Schweitzer dated 1-27-2020 re: Opposition to Defendants Motion Proposal for Judgment on the Pleadings. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Clara Flores(on behalf of themselves and others similarly situated), Guang Qing He, Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves and others similarly situated), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves and others similarly situated), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves and others similarly situated), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves and others similarly situated), Maximino Raymundo, Zhenghua Wang, Guoliang Xu, Baofu Yan, Hai Hua Zhai, Haihua Zhai, Jianguo Zhao.(Schweitzer, Aaron)
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Filing 66
ORDER granting #65 Letter Motion for Extension of Time to File Response/Reply. This extension request is untimely. As the Individual Rules set out, counsel must request extensions at least two business days before a deadline, not on the day of the deadline itself, as this letter does. Furthermore, counsel has been on notice since the December 16, 2019, Order (at Dkt. No. 56) that the response letter was due January 24, 2020. Counsel has been in possession of Defendants' letter since January 10, 2020. Although counsel encountered unforeseen events in trial just this last week, the extension request above does not explain why counsel could not have worked on the response letter before trial, or at the very least, timely requested an extension. Nevertheless, Plaintiffs' time to file the response letter is extended nunc pro tunc until today, January 27, 2020. Continuing failure to comply with Court Orders and Individual Rules will result in sanctions, including if necessary, dismissal for failure to prosecute. SO ORDERED.The Clerk of Court is respectfully directed to close Dkt. No. 65. Responses due by 1/27/2020 (Signed by Judge Lorna G. Schofield on 1/27/2020) (cf)
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Filing 65
LETTER MOTION for Extension of Time to File Response/Reply as to #60 Letter, addressed to Judge Lorna G. Schofield from Aaron B. Schweitzer dated 1/24/2020. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai.(Schweitzer, Aaron)
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Filing 64
SUMMONS RETURNED EXECUTED. Yun Cai served on 12/28/2019, answer due 1/21/2020. Service was accepted by Yun Cai, Defendant personally. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Schweitzer, Aaron)
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Filing 63
SUMMONS RETURNED EXECUTED. Mimi Si served on 1/3/2020, answer due 1/24/2020. Service was accepted by Ms. Chen, Relative. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Haihua Zhai. (Schweitzer, Aaron)
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Filing 62
ANSWER to #17 Amended Complaint,,,, with JURY DEMAND. Document filed by Mimi Si.(Huang, Xue)
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Filing 61
MEMO ENDORSEMENT on re: #60 Letter, filed by Gui Bing Shi, Kiu Sang Si, East Brother, Corp, John Zhang, Yun Cai, Shanghai Duplicate Corp, William Ko, Yiu Fai Fong, Shanghai Original Inc, Tun Yee Lam, Terry Ho, Shanghai City Corp. ENDORSEMENT: The fact discovery deadline remains April 15, 2020. The parties may determine by mutual consent by when they will complete a particular type of fact discovery, including depositions, provided they complete all fact discovery by the April 15, 2020, deadline. (The parties are further reminded of the Order at Dkt. No. 56, which provides: (1) Plaintiffs' response letter to the below letter is due January 24, 2020, (2) a Second Amended Complaint ("SAC") if any is due February 7, 2020, and (3) a letter on whether the SAC obviates the proposed motion below is due February 14, 2020.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/13/2020) (js)
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Set/Reset Deadlines: Amended Pleadings due by 2/7/2020. Fact Discovery due by 4/15/2020. (js)
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Filing 60
LETTER addressed to Judge Lorna G. Schofield from David B. Horowitz, Esq. dated January 10, 2020 re: Defendants Motion Proposal for Judgment on the Pleading. Document filed by Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang.(Horowitz, David)
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Filing 59
NOTICE OF APPEARANCE by David B. Horowitz on behalf of Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang. (Horowitz, David)
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Filing 58
ORDER denying without prejudice to renewal #55 Letter Motion for Conference. The pre-motion letter request above is DENIED without prejudice to renewal. As discussed at the December 17, 2019, conference, no collective certification motion will be allowed until after resolution of the proposed motion for judgment on the pleadings ("MJP"). Plaintiffs may file a renewed pre-motion letter, proposing a conditional collective certification motion, anytime after resolution of the MJP and at least two weeks before the May 5, 2020, case management conference, per the Case Management Plan (Dkt. No. 57), item 13.c.i. The Clerk of Court is respectfully directed to close Dkt. No. 55. (Signed by Judge Lorna G. Schofield on 12/19/2019) (cf)
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Filing 57
CIVIL CASE MANAGEMENT PLAN AND SCHEDULINGORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). No additional parties or Amended pleadings may be filed without leave of Court until 3/20/2019. All fact discovery shall be completed no later than 4/15/2020. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 6/20/2020. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial 5-8 days. On 5/5/2020 at 10:30 A.M. a pre-motion conference will be held (as further set forth in this Order.) Amended Pleadings due by 3/20/2020. Joinder of Parties due by 3/20/2020. Deposition due by 6/20/2020. Fact Discovery due by 4/15/2020. Pre-Motion Conference set for 5/5/2020 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/19/2019) (cf)
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Filing 55
FIRST LETTER MOTION for Conference Requesting for Pre Motion Conference for Plaintiffs' Motion for Conditional Collective Certification addressed to Judge Lorna G. Schofield from John Troy dated December 17, 2019. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai.(Troy, John)
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Filing 56
ORDER: Defendants shall provide Plaintiffs with the last known addresses of Defendants who have not appeared, by December 20, 2019. It is further ORDERED that Defendants pre-motion letter, proposing a Motion for Judgment on the Pleadings, is due January 10, 2020. Plaintiffs' response letter is due January 24, 2020. If Plaintiffs choose to amend, the Second Amended Complaint ("SAC") is due February 7, 2020. (As further set forth in this Order.) (Amended Pleadings due by 2/7/2020.) (Signed by Judge Lorna G. Schofield on 12/16/2019) (cf)
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Filing 54
NOTICE OF APPEARANCE by Leanghour Lim on behalf of Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai. (Lim, Leanghour)
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Filing 53
AMENDED LETTER addressed to Judge Lorna G. Schofield from David B. Horowitz, Esq. dated December 16, 2019 re: Parties Joint Pre-IPTC Letter. Document filed by East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang.(Horowitz, David)
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Filing 52
ORDER: It is hereby ORDERED that the December 17, 2019, 10:30 a.m. conference will be in Courtroom 110, on the first floor of 40 Foley Square, Thurgood Marshall United States Courthouse, and not in the Courts usual Courtroom. Initial Conference set for 12/17/2019 at 10:30 AM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/16/2019) (cf)
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Filing 51
LETTER addressed to Judge Lorna G. Schofield from John Troy dated December 16, 2019 re: Parties Joint Pre-IPTC Letter. Document filed by Aragon Cardoso Cruz, Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai.(Troy, John)
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Filing 50
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai.(Troy, John)
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Filing 49
ORDER: It is hereby ORDERED that, as soon as possible and no later than Monday, December 16, 2019, at 9:00 a.m., the parties shall file (1) their joint conference materials, in accordance with Dkt. No. 15, and (2) include in their joint letter a status update on non-appearing Defendants Solomon Liou, Mimi Si, and Yun Cai, as well as on Defendant Cheng Kueng Liu for whom a summons was not issued. As to the three non-appearing Defendants, Plaintiffs shall advise whether they intend to move for default judgment against them or proceed in this case without those defendants. Plaintiffs shall also advise on status of service for Defendant Cheng Kueng Liu, and whether they will proceed in this case without this defendant. If the parties fail to comply this Order, sanctions will be imposed. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/13/2019) (cf)
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Filing 48
ANSWER to #17 Amended Complaint,,,,. Document filed by Lillian Liou.(Judell, Lynn)
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Filing 47
PROPOSED STIPULATION AND ORDER. Document filed by Lillian Liou. (Judell, Lynn)
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Filing 46
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Lillian Liou. (Judell, Lynn) Proposed Order to be reviewed by Clerk's Office staff. Modified on 11/27/2019 (km).
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Filing 45
NOTICE OF APPEARANCE by Lynn Ellen Judell on behalf of Lillian Liou. (Judell, Lynn)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Lynn Judell to RE-FILE Document #46 Proposed Order. Use the event type Other Filings, Proposed Orders, Proposed Stipulation and Order. (km)
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Filing 44
ORDER granting #43 Letter Motion to Adjourn Conference. The December 3, 2019, 10:30 a.m. initial conference is adjourned until December 17, 2019, at 10:30 a.m. The parties shall file their joint conference materials at least 7 days in advance. The joint letter, as the Order at Dkt. No. 42 provides, must address the status of the four non-appearing Defendants and one Defendant for whom a summons was not issued. Initial Conference set for 12/17/2019 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/26/2019) (mro)
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Filing 43
LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from David B. Horowitz, Esq. dated November 25, 2019. Document filed by East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang.(Horowitz, David)
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Filing 42
ORDER: It is hereby ORDERED that the November 26, 2019, 10:30 a.m. conference is adjourned until December 3, 2019, at 10:30 a.m. It is further ORDERED that, by November 26, 2019, the parties shall file (1) their joint conference materials, in accordance with Dkt. No. 15, and (2) include in their joint letter a status update on non-appearing Defendants Solomon Liou, Mimi Si, Lillian Liou, and Yun Cai, as well as on Defendant Cheng Kueng Liu for whom a summons was not issued. (As further set forth in this Order.) Continuing failure to comply with Court orders may result in sanctions. Initial Conference set for 12/3/2019 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/22/2019) (cf)
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Filing 41
ANSWER to #17 Amended Complaint,,,,. Document filed by East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang.(Horowitz, David)
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Filing 40
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang.(Horowitz, David)
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Filing 39
NOTICE OF APPEARANCE by David B. Horowitz on behalf of East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, John Zhang. (Horowitz, David)
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Filing 38
SUMMONS RETURNED EXECUTED. Shanghai Original Inc served on 10/30/2019, answer due 11/20/2019. Service was accepted by Jonathan "Doe". Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Exhibit Photo)(Troy, John)
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Filing 37
SUMMONS RETURNED EXECUTED. East Brother, Corp served on 10/30/2019, answer due 11/20/2019. Service was accepted by Jonathan "Doe". Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Exhibit Photo)(Troy, John)
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Filing 36
SUMMONS RETURNED EXECUTED. Yun Cai served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of service photo)(Troy, John)
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Filing 35
SUMMONS RETURNED EXECUTED. Yiu Fai Fong served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of service photo)(Troy, John)
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Filing 34
SUMMONS RETURNED EXECUTED. William Ko served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by MAIL. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of service photo)(Troy, John)
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Filing 33
SUMMONS RETURNED EXECUTED. Tun Yee Lam served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of service photo)(Troy, John)
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Filing 32
SUMMONS RETURNED EXECUTED. Terry Ho served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of service photo)(Troy, John)
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Filing 31
SUMMONS RETURNED EXECUTED. Solomon C Liou served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG,. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of service photo)(Troy, John)
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Filing 30
SUMMONS RETURNED EXECUTED. Shanghai Duplicate Corp served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of service photo)(Troy, John)
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Filing 29
SUMMONS RETURNED EXECUTED. Shanghai City Corp served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Errata Proof of service photo)(Troy, John)
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Filing 28
SUMMONS RETURNED EXECUTED. Mimi Si served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of service photo)(Troy, John)
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Filing 27
SUMMONS RETURNED EXECUTED. Lillian Liou served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of service Photo)(Troy, John)
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Filing 26
SUMMONS RETURNED EXECUTED. Kiu Sang Si served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of service Photo)(Troy, John)
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Filing 25
SUMMONS RETURNED EXECUTED. John Zhang served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of Service Photo)(Troy, John)
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Filing 24
SUMMONS RETURNED EXECUTED. Gui Bing Shi served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by Mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of Service photo)(Troy, John)
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Filing 23
SUMMONS RETURNED EXECUTED. Cheng Kueng Liu served on 10/15/2019, answer due 11/5/2019. Service was accepted by WEI CHENG. Service was made by mail. Document filed by Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Aragon Cardoso Cruz; Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Maximino Raymundo; Hai Hua Zhai; Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class); Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class); Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class). (Attachments: #1 Exhibit Proof of Service Photo)(Troy, John)
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Filing 22
ORDER granting #21 Letter Motion to Adjourn Conference. The October 22, 2019, 10:30 a.m. conference is adjourned until November 26, 2019, at 10:30 a.m. The parties shall jointly file their conference materials, in accordance with Dkt. No. 15, at least 7 days before the conference. Initial Conference set for 11/26/2019 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/16/2019) (cf)
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Filing 21
FIRST LETTER MOTION to Adjourn Conference scheduled on October 22, 2019, addressed to Judge Lorna G. Schofield from John Troy dated October 15, 2019. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Clara Flores(on behalf of themselves and others similarly situated), Guang Qing He, Huer Huang(on behalf of themselves and others similarly situated), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves and others similarly situated), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves and others similarly situated), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves and others similarly situated), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves and others similarly situated), Maximino Raymundo, Zhenghua Wang, Guoliang Xu, Baofu Yan, Hai Hua Zhai, Haihua Zhai, Jianguo Zhao.(Troy, John)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Lillian Liou, Solomon C Liou, Cheng Kueng Liu, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, Mimi Si, John Zhang. (jgo)
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Filing 19
REQUEST FOR ISSUANCE OF SUMMONS as to SHANGHAI CITY CORP d/b/a Joe's Shanghai, SHANGHAI DUPLICATE CORP d/b/a Joe's Shanghai, EAST BROTHER CORP d/b/a Joe's Shanghai, SHANGHAI ORIGINAL INC. d/b/a Joe's Shanghai, KIU SANG SI a/k/a Joseph Si a/k/a Joe Si, YIU FAI FONG, TUN YEE LAM a/k/a Peter Lam, GUI BING SHI, SOLOMON C. LIOU, MIMI SI, WILLIAM KO, LILLIAN LIOU, CHENG KUENG LIU, YUN CAI, JOHN ZHANG, TERRY HO, re: #17 Amended Complaint,,,,. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai. (Troy, John)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Troy to RE-FILE Document No. #18 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on 'as to' docket entry text and the attached 'rider' does not exactly match pleading (Cheung Kueng Liu should be Cheng Kueng Liu);. 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. (jgo)
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Filing 18
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SHANGHAI CITY CORP d/b/a Joe's Shanghai, SHANGHAI DUPLICATE CORP d/b/a Joe's Shanghai, EAST BROTHER CORP d/b/a Joe's Shanghai, SHANGHAI ORIGINAL INC. d/b/a Joe's Shanghai, KIU SANG SI a/k/a Joseph Si a/k/a Joe Si, YIU FAI FONG, TUN YEE LAM a/k/a Peter Lam, GUI BING SHI, SOLOMON C. LIOU, MIMI SI, WILLIAM KO, LILLIAN LIOU, CHEUNG KUENG LIU, YUN CAI, JOHN ZHANG, TERRY HO, re: #17 Amended Complaint,,,,. Document filed by Aragon Cardoso Cruz, Clara Flores(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Huer Huang(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Hui Zhen Huang(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Reyes Perez Guerrero(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Gloria Perez Mendez(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai. (Troy, John) Modified on 10/10/2019 (jgo).
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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: Tun Yee Lam. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pne)
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Filing 17
FIRST AMENDED COMPLAINT amending #1 Complaint,,, against Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Lillian Liou, Solomon C Liou, Cheng Kueng Liu, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, Mimi Si, John Zhang.Document filed by Huer Huang(on behalf of themselves and others similarly situated), Lianqin Lu(on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class), Aragon Cardoso Cruz, Juan Li(on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class), Maximino Raymundo, Hai Hua Zhai, Hui Zhen Huang(on behalf of themselves and others similarly situated), Gloria Perez Mendez(on behalf of themselves and others similarly situated), Clara Flores(on behalf of themselves and others similarly situated), Reyes Perez Guerrero(on behalf of themselves and others similarly situated). Related document: #1 Complaint,,,.(Troy, John)
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Huer Huang added. Party added pursuant to #16 Amended Complaint,,.Document filed by Huer Huang. Related document: #16 Amended Complaint,,.(Troy, John)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Troy to RE-FILE re: Document No. #16 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties Huer Huang, Lianqin Lu, Gloria Perez Mendez, Clara Flores and Reyes Perez Guerrero with party text 'on behalf of themselves, and on behalf others similarly situated in the Proposed FLSA Collective and Potential Rule 23 Class'; the All Defendant radio button was selected; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Lianqin Lu added. Party added pursuant to #16 Amended Complaint,,.Document filed by Lianqin Lu. Related document: #16 Amended Complaint,,.(Troy, John)
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Reyes Perez Guerrero added. Party added pursuant to #16 Amended Complaint,,.Document filed by Reyes Perez Guerrero. Related document: #16 Amended Complaint,,.(Troy, John)
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Gloria Perez Mendez added. Party added pursuant to #16 Amended Complaint,,.Document filed by Gloria Perez Mendez. Related document: #16 Amended Complaint,,.(Troy, John)
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Clara Flores added. Party added pursuant to #16 Amended Complaint,,.Document filed by Clara Flores. Related document: #16 Amended Complaint,,.(Troy, John)
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Filing 16
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint,,, against All Defendants.Document filed by Juan Li(on behalf of themselves and others similarly situated), Lianqin Lu, Huer Huang, Aragon Cardoso Cruz, Maximino Raymundo, Hai Hua Zhai, Hui Zhen Huang(on behalf of themselves and others similarly situated), Gloria Perez Mendez, Clara Flores, Reyes Perez Guerrero. Related document: #1 Complaint,,,.(Troy, John) Modified on 10/8/2019 (jgo).
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Hai Hua Zhai, Hui Zhen Huang, Juan Li added. Party added pursuant to #6 Amended Complaint,,,,.Document filed by Hai Hua Zhai, Hui Zhen Huang, Juan Li. Related document: #6 Amended Complaint,,,,.(Troy, John)
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Filing 15
ORDER: Initial Conference set for 10/22/2019 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/6/2019) (ks)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Troy re: Document No. #6 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; you must add Hui Zhen Huang, Juan Li and Hai Hua Zhai on behalf of themselves, and on behalf of others similarly situated in the Potential Rule 23 Class. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Troy to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your 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. (sj)
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Filing 14
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Maximino Raymundo.(Troy, John)
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Filing 13
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Aragon Cardoso Cruz.(Troy, John)
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Filing 12
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Guang Qing He.(Troy, John)
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Filing 11
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Jianguo Zhao.(Troy, John)
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Filing 10
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Zhenghua Wang.(Troy, John)
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Filing 9
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Guoliang Xu.(Troy, John)
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Filing 8
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Baofu Yan.(Troy, John)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to SHANGHAI CITY CORP d/b/a Joe's Shanghai; SHANGHAI DUPLICATE CORP d/b/a Joe's Shanghai; EAST BROTHER CORP d/b/a Joe's Shanghai; and SHANGHAI ORIGINAL INC. d/b/a Joe's Shanghai; KIU SANG SI a/k/a Joseph Si a/k/a Joe Si, YIU FAI FONG, TUN YEE LAM a/k/a Peter Lam, GUI BING SHI, SOLOMON C. LIOU, MIMI SI, WILLIAM KO, LILLIAN LIOU, CHENG KUENG LIU, YUN CAI, JOHN ZHANG, and TERRY HO, re: #6 Amended Complaint,,,,. Document filed by Aragon Cardoso Cruz, Clara Flores, Huer Huang, Hui Zhen Huang, Juan Li, Lianqin Lu, Reyes Perez Guerrero, Gloria Perez Mendez, Maximino Raymundo, Haihua Zhai. (Troy, John)
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Filing 6
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT amending #4 Complaint against Yun Cai, East Brother, Corp, Yiu Fai Fong, Terry Ho, William Ko, Tun Yee Lam, Lillian Liou, Solomon C Liou, Cheng Kueng Liu, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, Mimi Si, John Zhang.Document filed by Juan Li, Lianqin Lu, Huer Huang, Hui Zhen Huang, Gloria Perez Mendez, Haihua Zhai, Clara Flores, Reyes Perez Guerrero, Aragon Cardoso Cruz, Maximino Raymundo. Related document: #4 Complaint. (Attachments: #1 Exhibit 01 Notice to Enforce Shareholder Liability for Services Rendered, #2 Exhibit 02 Notice to Inspect Share Records, #3 Exhibit 03 Document Preservation Demand, #4 Exhibit 04 Notice of Lien and Assignment, #5 Exhibit 05 Notice that Retaliation is Illegal under the FLSA and NYLL, #6 Exhibit 06 Notice Settlement Under the Table is Prohibited, #7 Exhibit 07 Joe's Shanghai Formal Declaration of Company Ownership, #8 Exhibit 08 Joe's Shanghai Brochure Joe Si as Owner)(Troy, John) Modified on 8/26/2019 (sj).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Troy to RE-FILE Document No. #5 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name on summons (Terry Ho) does not match the party name on the complaint caption title (document 1);. 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)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Troy to Document No. #4 Complaint,,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. The caption title has been changed from the initial complaint. Permission from Chambers will be needed to file a Corrected Complaint with the correct caption title or you can file an Amended Complaint. (pc)
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SHANGHAI CITY CORP d/b/a Joe's Shanghai; SHANGHAI DUPLICATE CORP d/b/a Joe's Shanghai; EAST BROTHER CORP d/b/a Joe's Shanghai; and SHANGHAI ORIGINAL INC. d/b/a Joe's Shanghai; KIU SANG SI a/k/a Joseph Si a/k/a Joe Si, YIU FAI FONG, TUN YEE LAM a/k/a Peter Lam, GUI BING SHI, SOLOMON C. LIOU, MIMI SI, WILLIAM KO, LILLIAN LIOU, CHENG KUENG LIU, YUN CAI, JOHN ZHANG, and TERRY HO, re: #4 Complaint,,,. Document filed by Clara Flores, Huer Huang, Hui Zhen Huang, Juan Li, Lianqin Lu, Reyes Perez Guerrero, Gloria Perez Mendez, Haihua Zhai. (Troy, John) Modified on 8/21/2019 (pc).
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Filing 4
FILING ERROR DEFICIENT PLEADING -DUPLICATE DOCKET ENTRY -COMPLAINT against Yun Cai, East Brother, Corp, Yiu Fi Fong, Terry Ho, William Ko, Tun Yee Lam, Lillian Liou, Solomon C Liou, Cheng Kueng Liu, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, Mimi Si, John Zhang. Document filed by Juan Li, Lianqin Lu, Huer Huang, Hui Zhen Huang, Gloria Perez Mendez, Haihua Zhai, Clara Flores, Reyes Perez Guerrero. (Attachments: #1 Exhibit 01 Notice to Enforce Shareholder Liability for Services Rendered, #2 Exhibit 02 Notice to Inspect Share Records, #3 Exhibit 03 Document Preservation Demand, #4 Exhibit 04 Notice of Lien and Assignment, #5 Exhibit 05 Notice that Retaliation is Illegal under the FLSA and NYLL, #6 Exhibit 06 Notice Settlement Under the Table is Prohibited, #7 Exhibit 07 Joe's Shanghai Formal Declaration of Company Ownership, #8 Exhibit 08 Joe's Shanghai Brochure Joe Si as Owner)(Troy, John) Modified on 8/21/2019 (pc).
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ADD PARTY FOR PLEADING. Defendants/Respondents Tun Yee Lam added. Party added pursuant to #1 Complaint,,,.Document filed by Tun Yee Lam. Related document: #1 Complaint,,,.(Troy, John)
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ADD PARTY FOR PLEADING. Defendants/Respondents Terry Ho added. Party added pursuant to #1 Complaint,,,.Document filed by Terry Ho. Related document: #1 Complaint,,,.(Troy, John)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Troy to RE-FILE Document No. #3 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; TUN YEE LAM a/k/a Peter Lam and Terry Ho are not parties listed on the complaint caption title;. 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)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Troy re: Document No. #1 Complaint,,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add Tun Yee Lam to CM ECF with the alias aka "Peter Lam". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc)
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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: Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Yiu Fi Fong, East Brother, Corp, Kiu Sang Si and Terry Ho. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted;. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Troy. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); County code Queens;. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to Kings;. (pc)
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Magistrate Judge Debra C. Freeman 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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)
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Case Designated ECF. (pc)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SHANGHAI CITY CORP d/b/a Joe's Shanghai; SHANGHAI DUPLICATE CORP d/b/a Joe's Shanghai; EAST BROTHER CORP d/b/a Joe's Shanghai; ; and SHANGHAI ORIGINAL INC. d/b/a Joe's Shanghai; KIU SANG SI a/k/a Joseph Si a/k/a Joe Si, YIU FAI FONG, TUN YEE LAM a/k/a Peter Lam, GUI BING SHI, SOLOMON C. LIOU, MIMI SI, WILLIAM KO, LILLIAN LIOU, CHENG KUENG LIU, YUN CAI, JOHN ZHANG, and TERRY HO, re: #1 Complaint,,,. Document filed by Clara Flores, Huer Huang, Hui Zhen Huang, Lianqin Lu, Reyes Perez Guerrero, Gloria Perez Mendez, Haihua Zhai. (Troy, John) Modified on 8/19/2019 (pc).
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Filing 2
CIVIL COVER SHEET filed. (Troy, John)
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Filing 1
COMPLAINT against Yun Cai, East Brother, Corp, Yiu Fi Fong, Terry Ho, William Ko, Lillian Liou, Solomon C Liou, Cheng Kueng Liu, Shanghai City Corp, Shanghai Duplicate Corp, Shanghai Original Inc, Gui Bing Shi, Kiu Sang Si, Mimi Si, John Zhang. (Filing Fee $ 400.00, Receipt Number ANYSDC-17447368)Document filed by Juan Li, Lianqin Lu, Huer Huang, Hui Zhen Huang, Gloria Perez Mendez, Haihua Zhai, Clara Flores, Reyes Perez Guerrero. (Attachments: #1 Exhibit 01 Notice to Enforce Shareholder Liability for Services Rendered, #2 Exhibit 02 Notice to Inspect Share Records, #3 Exhibit 03 Document Preservation Demand, #4 Exhibit 04 Notice of Lien and Assignment, #5 Exhibit 05 Notice that Retaliation is Illegal under the FLSA and NYLL, #6 Exhibit 06 Notice Settlement Under the Table is Prohibited, #7 Exhibit 07 Joe's Shanghai Formal Declaration of Company Ownership, #8 Exhibit 08 Joe's Shanghai Brochure Joe Si as Owner)(Troy, John)
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