Weng v. HungryPanda US, Inc. et al
| Qiang Weng |
| HungryPanda US, Inc., Jiawei Sun, Kelu Liu and HungryPanda US, Inc. doing business as HungryPanda |
| 1:2019cv11882 |
| December 29, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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This docket was last retrieved on February 1, 2022. A more recent docket listing may be available from PACER.
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Filing 75
CLERK'S JUDGMENT re: #74 Memorandum & Opinion in favor of HungryPanda US, Inc., Kelu Liu against Jiawei Sun, Qiang Weng. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 31, 2022, Defendants' motion for judgment on the pleadings under Rule 12(c) is GRANTED in its entirety. Additionally, Plaintiff's request for leave to amend is DENIED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/31/2022) (Attachments: #1 Right to Appeal) (km)
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Filing 74
OPINION AND ORDER: re: #69 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(C). filed by Kelu Liu, Jiawei Sun, HungryPanda US, Inc. For the foregoing reasons, the Court GRANTS Defendants' motion for judgment on the pleadings under Rule 12(c) in its entirety. Additionally, the Court DENIES Plaintiff's request for leave to amend. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. So Ordered. (Signed by Judge Katherine Polk Failla on 1/31/2022) (js) Transmission to Orders and Judgments Clerk for processing.
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Filing 73
REPLY MEMORANDUM OF LAW in Support re: #69 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(C). . Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun..(Douglas, Jeffrey)
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Filing 72
MEMORANDUM OF LAW in Opposition re: #69 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(C). Memorandum of Law In Opposition to Defendants' Fed. R. Civ. P. 12(c) Motion for Judgment on Pleadings /ecy. Document filed by Qiang Weng..(Troy, John)
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Filing 71
DECLARATION of Jeffrey Douglas in Support re: #69 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(C).. Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer).(Douglas, Jeffrey)
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Filing 70
MEMORANDUM OF LAW in Support re: #69 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(C). . Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun..(Douglas, Jeffrey)
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Filing 69
MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(C). Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun. Responses due by 7/26/2021.(Douglas, Jeffrey)
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Filing 68
MEMO ENDORSEMENT on #67 denying without prejudice #63 Motion to Certify Class; denying #66 Letter Motion for Extension of Time to File Response/Reply re #63 MOTION to Certify Class Motion for Conditional Collective Certification., #66 LETTER MOTION for Extension of Time to File Response/Reply as to #63 MOTION to Certify Class Motion for Conditional Collective Certification. and requesting that the Court deny Plaintiff's Motion for Conditional Certification< ENDORSEMENT: The Court is in receipt of Defendants' letter motion dated June 17, 2021 (Dkt. #66), requesting that the Court deny Plaintiff's pending motion for conditional collective certification (Dkt. #63), as well as Plaintiff's above reply to Defendants' letter (Dkt. #67). The Court deems it prudent to resolve Defendants' anticipated motion for judgment on the pleadings, which may be dispositive of the matter, before taking up the issue of collective certification. Accordingly, the Court again concludes that Plaintiff's motion is premature. The Court is mindful of the concerns Plaintiff raises regarding the running of the statute of limitations for potential opt-in members, but notes Plaintiff's ability to request, and the Court's authority to grant, equitable tolling of the limitations period as appropriate to account for delays in reaching the collective certification stage of the litigation. With this understanding, Plaintiff's motion for conditional collective certification is DENIED without prejudice to its renewal following resolution of dispositive motion practice. The Clerk of Court is directed to terminate the motions at docket entries 63 and 66. (Signed by Judge Katherine Polk Failla on 6/21/2021) (rro)
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Filing 67
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from John Troy dated 06/18/2021 re: #66 LETTER MOTION for Extension of Time to File Response/Reply as to #63 MOTION to Certify Class Motion for Conditional Collective Certification. and requesting that the Court deny Plaintiff's Motion for Conditional Certification< /ecy. Document filed by Qiang Weng..(Troy, John)
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Filing 66
LETTER MOTION for Extension of Time to File Response/Reply as to #63 MOTION to Certify Class Motion for Conditional Collective Certification. and requesting that the Court deny Plaintiff's Motion for Conditional Certification addressed to Judge Katherine Polk Failla from Jeffrey Douglas dated June 17, 2021. Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun. (Attachments: #1 Exhibit A).(Douglas, Jeffrey)
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Filing 65
MEMORANDUM OF LAW in Support re: #63 MOTION to Certify Class Motion for Conditional Collective Certification. /ecy. Document filed by Qiang Weng..(Troy, John)
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Filing 64
DECLARATION of John Troy in Support re: #63 MOTION to Certify Class Motion for Conditional Collective Certification.. Document filed by Qiang Weng. (Attachments: #1 Exhibit Complaint, #2 Exhibit Proposed Notice of Pendency and Consent to Sue Form, #3 Exhibit Proposed Publication Order, #4 Affidavit Affidavit of WENG QIANG in support of Motion for Conditional Collective Certification, #5 Affidavit Affidavit of HUI PING YAN in support of Motion for Conditional Collective Certification, #6 Affidavit Affidavit of LIN JIE LIU in support of Motion for Conditional Collective Certification, #7 Affidavit Affidavit of RI XIN JIANG in support of Motion for Conditional Collective Certification, #8 Affidavit Affidavit of KAM HOI CHAN in support of Motion for Conditional Collective Certification, #9 Exhibit Hungry Panda Individual Delivery Orders, with a 15% Minimum Delivery Fee, #10 Exhibit Hungry Panda Delivery Fee for Long Island City, Elmhurst, Flushing, Brooklyn, and Manhattan, #11 Exhibit Hungry Panda Delivery Locations).(Troy, John)
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Filing 63
MOTION to Certify Class Motion for Conditional Collective Certification. Document filed by Qiang Weng..(Troy, John)
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Filing 62
MEMO ENDORSEMENT on re: #61 Status Report. regarding Defendants' anticipated motion for judgment on the pleadings with proposed briefing schedule filed by Kelu Liu, Jiawei Sun, HungryPanda US, Inc. ENDORSEMENT:The Court is in receipt of the above status update from the parties (Dkt. #61) and adopts the parties' proposed briefing schedule., Motions due by 6/24/2021., Responses due by 7/26/2021, Replies due by 8/16/2021. (Signed by Judge Katherine Polk Failla on 5/26/2021) (rj)
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Filing 61
STATUS REPORT. regarding Defendants' anticipated motion for judgment on the pleadings with proposed briefing schedule Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun..(Douglas, Jeffrey)
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Filing 60
NOTICE OF CHANGE OF ADDRESS by Jeffrey Douglas on behalf of HungryPanda US, Inc., Kelu Liu, Jiawei Sun. New Address:..(Douglas, Jeffrey)
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Filing 59
OPINION AND ORDER re: #51 FIRST MOTION to Amend/Correct Complaint. filed by Qiang Weng. For the reasons set forth above, Plaintiff's motion for leave to amend his Complaint is DENIED. The parties are directed to confer and submit a letter to the Court on or before May 25, 2021, setting forth a proposed briefing schedule for Defendants' anticipated motion for judgment on the pleadings, or alternatively outlining proposed next steps if Defendants no longer seek dispositive motion practice. (Signed by Judge Katherine Polk Failla on 5/4/2021) (tro)
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Filing 58
NOTICE OF APPEARANCE by Bran Caley Noonan on behalf of HungryPanda US, Inc., Kelu Liu, Jiawei Sun..(Noonan, Bran)
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Filing 57
NOTICE OF APPEARANCE by Timothy M Barbetta on behalf of HungryPanda US, Inc., Kelu Liu, Jiawei Sun..(Barbetta, Timothy)
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Filing 56
REPLY MEMORANDUM OF LAW in Support re: #51 FIRST MOTION to Amend/Correct Complaint. Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion for Leave to Amend Complaint. Document filed by Qiang Weng..(Troy, John)
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Filing 55
DECLARATION of Jeffrey Douglas in Opposition re: #51 FIRST MOTION to Amend/Correct Complaint.. Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Douglas, Jeffrey)
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Filing 54
REPLY MEMORANDUM OF LAW in Opposition re: #51 FIRST MOTION to Amend/Correct Complaint. . Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun..(Douglas, Jeffrey)
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Filing 53
MEMORANDUM OF LAW in Support re: #51 FIRST MOTION to Amend/Correct Complaint. . Document filed by Qiang Weng..(Troy, John)
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Filing 52
DECLARATION of John Troy in Support re: #51 FIRST MOTION to Amend/Correct Complaint.. Document filed by Qiang Weng. (Attachments: #1 Exhibit Amended Complaint Redlined Version, #2 Exhibit Amended Complaint Clean Version).(Troy, John)
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Filing 51
FIRST MOTION to Amend/Correct Complaint. Document filed by Qiang Weng..(Troy, John)
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Filing 50
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/23/20 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 49
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/23/2020 before Judge Katherine Polk Failla. 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 2/1/2021. Redacted Transcript Deadline set for 2/11/2021. Release of Transcript Restriction set for 4/12/2021..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 12/23/2020. Attorney Aaron B. Schweitzer representing Plaintiff present. Attorney Jeffrey Douglas representing Defendants present. The conference scheduled for 1/6/2021 is adjourned sine die. Plaintiff's motion to amend is due by 1/25/2021; Opposition due by 2/26/2021; and Reply is due by 3/12/2021. The motion for conditional certification is DENIED WITHOUT PREJUDICE. Discovery is stayed pending resolution of Plaintiff's motion to amend. Defendants are to order a copy of today's transcript. (See transcript.) (Court Reporter Kelly Surina) (tn)
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Filing 48
FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine Polk Failla from Jeffrey Douglas dated December 21, 2020. Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun..(Douglas, Jeffrey)
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Filing 47
ORDER granting #45 Letter Motion for Conference. The Court is in receipt of Defendants' letter motion dated December 16, 2020 (Dkt. #45), as well as Plaintiff's response (Dkt. #46). Defendants' request for a conference is GRANTED. The parties are ORDERED to appear for a telephonic conference on December 23, 2020, at 3:00 p.m. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available before 3:00 p.m. SO ORDERED. (Telephone Conference set for 12/23/2020 at 03:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/18/2020) (rro)
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Filing 46
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Aaron B. Schweitzer dated 12-16-2020 re: #45 FIRST LETTER MOTION for Conference requesting leave to move for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) addressed to Judge Katherine Polk Failla from Jeffrey Douglas dated December 16, 2020. . Document filed by Qiang Weng..(Schweitzer, Aaron)
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Filing 45
FIRST LETTER MOTION for Conference requesting leave to move for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) addressed to Judge Katherine Polk Failla from Jeffrey Douglas dated December 16, 2020. Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun. (Attachments: #1 Exhibit A).(Douglas, Jeffrey)
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Filing 44
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY granting #43 Letter Motion to Substitute Attorney. Notice is hereby given that, subject to approval by the Court, Defendants HungryPanda US Inc. d/b/a HungryPanda; Jiawei Sun, and Kelu Liu substitute Jeffrey G. Douglas, Esq. of FordHarrison LLP as counsel of record in place of Robert Scott Hazzard, Esq. of Demidchik Law Firm PLLC. Contact information is as follows: and further set forth in this Order. The Clerk of Court is directed to terminate Robert Hazzard and Michael Walsh as counsel of record for Defendants. (Attorney Robert Scott Hazzard and Michael D Walsh terminated.) (Signed by Judge Katherine Polk Failla on 12/15/2020) (rro)
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Filing 43
LETTER MOTION to Substitute Attorney. Old Attorney: Robert Scott Hazzard, New Attorney: Jeffrey Douglas addressed to Judge Katherine Polk Failla from Jeffrey Douglas dated December 15, 2020. Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun. (Attachments: #1 Text of Proposed Order).(Douglas, Jeffrey)
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Filing 42
NOTICE OF APPEARANCE by Jeffrey Douglas on behalf of HungryPanda US, Inc., Kelu Liu, Jiawei Sun..(Douglas, Jeffrey)
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Filing 41
ORDER FOR ADMISSION PRO HAC VICE: granting #39 Motion for Michael D. Walsh to Appear Pro Hac Vice. SO ORDERED.(Signed by Judge Katherine Polk Failla on 8/13/2020) (ama)
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Filing 40
NOTICE of Courtesy Copy of Fully Briefed Plaintiffs Motion for Conditional Collective Class Certification (with Plaintiffs Opening, Defendants Opposition, and Plaintiffs Reply and All Exhibits) for the Honorable Katherine P. Failla Hand Delivered on August 12, 2020 at 09:37 re: #24 Memorandum of Law in Support of Motion, #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification., #30 Reply Affidavit in Support of Motion, #35 Reply Affidavit in Support of Motion, #33 Reply Affidavit in Support of Motion, #34 Reply Affidavit in Support of Motion, #36 Reply Affirmation in Support of Motion,, #27 Declaration in Opposition to Motion,,,, #37 Reply Memorandum of Law in Support of Motion, #31 Reply Affidavit in Support of Motion, #23 Declaration in Support of Motion,,,,, #32 Reply Affidavit in Support of Motion, #26 Memorandum of Law in Opposition to Motion. Document filed by Qiang Weng..(Troy, John)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 AMENDED MOTION for Michael D. Walsh to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 39
AMENDED MOTION for Michael D. Walsh to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HungryPanda US, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Walsh, Michael)
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Filing 38
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael D. Walsh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20971552. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HungryPanda US, Inc...(Walsh, Michael) Modified on 8/3/2020 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #38 MOTION for Michael D. Walsh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20971552. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Illinois; missing Proposed Order; Attorney Affidavit is missing and cannot be combined with the motion;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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Filing 37
REPLY MEMORANDUM OF LAW in Support re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification. . Document filed by Qiang Weng..(Troy, John)
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Filing 36
REPLY AFFIRMATION of John Troy in Support re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification.. Document filed by Qiang Weng. (Attachments: #1 Exhibit 01 Hungry Panda Organization Chart, #2 Exhibit 02 Work Schedule, #3 Exhibit 03 WeChat Conversation between Manager Ethan and Plaintiff Qiang Weng, #4 Exhibit 04 Work Schedule, #5 Exhibit 05 WeChat Conversation between Manager Aaron and Hui Ping Yan, #6 Exhibit 06 Work Schedule, #7 Exhibit 07 DaDi 360 Ad, #8 Exhibit 08 WeChat Conversation between Manager Aaron and Xiaohui Hu).(Troy, John)
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Filing 35
REPLY AFFIDAVIT of Bo Zhang in Support re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification.. Document filed by Qiang Weng..(Troy, John)
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Filing 34
REPLY AFFIDAVIT of Xiao Hui Hu in Support re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification.. Document filed by Qiang Weng..(Troy, John)
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Filing 33
REPLY AFFIDAVIT of Ri Xin Jiang in Support re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification.. Document filed by Qiang Weng..(Troy, John)
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Filing 32
REPLY AFFIDAVIT of Linjie Lu in Support re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification.. Document filed by Qiang Weng..(Troy, John)
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Filing 31
REPLY AFFIDAVIT of Hui Ping Yan in Support re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification.. Document filed by Qiang Weng..(Troy, John)
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Filing 30
REPLY AFFIDAVIT of Qiang Weng in Support re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification.. Document filed by Qiang Weng..(Troy, John)
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time to File Response/Reply re #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification. Replies due by 7/31/2020. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/14/2020) (rro)
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Filing 28
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Katherine Polk Failla from John Troy dated 07/14/2020. Document filed by Qiang Weng..(Troy, John)
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Filing 27
DECLARATION of Robert S. Hazzard, Esq. in Opposition re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification.. Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun. (Attachments: #1 Exhibit Plaintiff Wengs Independent Contractor Agreement, Contractors Declaration and Form 1099 from the 2019 tax year, #2 Exhibit Ri Xin Jiangs Independent Contractor Agreement, Contractors Declaration and Form 1099 from the 2019 tax year, #3 Exhibit Lin Jie Lus Independent Contractor Agreement, Contractors Declaration and Form 1099 from the 2019 tax year, #4 Exhibit Hui PingYans Independent Contractor Agreement, Contractors Declaration and Form 1099 from the 2019 tax year, #5 Exhibit Kam HoiChans Form 1099 from the 2019 tax year, #6 Exhibit Affidavit of KELU LIU in Oppositionto Plaintiffs Motion for Conditional Collective Certification, #7 Exhibit Affidavit of JIAWEI SUN inOpposition to Plaintiffs Motion for Conditional Collective Certification).(Hazzard, Robert)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification. . Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun..(Hazzard, Robert)
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Filing 25
ORDER: Plaintiff has filed a motion for conditional collective certification. (Dkt. #22-24). Defendants are hereby ORDERED to respond on or before July 10, 2020. Plaintiff may file a reply on or before July 17, 2020. SO ORDERED. Set Deadlines/Hearing as to #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification. :( Responses due by 7/10/2020, Replies due by 7/17/2020.) (Signed by Judge Katherine Polk Failla on 6/22/2020) (rro)
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Filing 24
MEMORANDUM OF LAW in Support re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification. . Document filed by Qiang Weng..(Troy, John)
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Filing 23
DECLARATION of John Troy in Support re: #22 FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification.. Document filed by Qiang Weng. (Attachments: #1 Exhibit 01 Complaint, #2 Exhibit 02 Proposed Notice of Pendancy and Consent to Sue Form, #3 Exhibit 03 Proposed Publication Order, #4 Exhibit 04 Affidavit of Plaintiff WENG QIANG in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #5 Exhibit 05 Affidavit of HUI PING YAN in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #6 Exhibit 06 Affidavit of LIN JIE LU in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #7 Exhibit 07 Affidavit of RI XIN JIANG in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #8 Exhibit 08 Affidavit of KAM HOI CHAN in Support of Plaintiffs' Motion of Conditional Collective Class Certification, #9 Exhibit 09 Hungry Panda Individual Delivery Orders, with a 15% Minimum Delivery Fee (Letter Size), #10 Exhibit 10 Hungry Panda Delivery Fee for Long Island City, Elmhurst, Flushing, Brooklyn, and Manhattan, #11 Exhibit 11 Hungry Panda Delivery Locations).(Troy, John)
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Filing 22
FIRST MOTION to Certify Class Plaintiff's Motion for Conditional Collective Class Certification. Document filed by Qiang Weng..(Troy, John)
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter filed by Qiang Weng. ENDORSEMENT: Application GRANTED. The mediation in this matter is hereby STAYED until the close of discovery. The parties should write to the Court when they are ready to participate in the mediation program again. (Signed by Judge Katherine Polk Failla on 5/13/2020) (rro) Transmission to Mediation Clerk for processing.
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Filing 19
LETTER addressed to Judge Katherine Polk Failla from John Troy dated May 13, 2020 re: Requesting to Refer to Mediation after the Close of Discovery. Document filed by Qiang Weng..(Troy, John)
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Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 12/22/2020. Depositions of fact witnesses due by 10/30/2020. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 4 days. Pretrial Conference set for 1/6/2021 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/21/2020) (rro) Modified on 4/23/2020 (rro).
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Filing 17
DEMAND for Trial by Jury. Document filed by Qiang Weng.(Troy, John)
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Filing 16
PROPOSED CASE MANAGEMENT PLAN. Document filed by Qiang Weng..(Troy, John)
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Filing 15
ORDER granting #13 Motion for Conference. Accordingly, the parties are hereby ORDERED to submit a joint proposed case management and scheduling order pursuant to the Court's Individual Rules on or before April 22, 2020. (Signed by Judge Katherine Polk Failla on 4/13/2020) (rro)
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Filing 14
ORDER with respect to #13 Letter Motion for Conference. Defendants are hereby ORDERED to respond to this letter on or before April 10, 2020. (Signed by Judge Katherine Polk Failla on 4/2/2020) (rro)
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Set/Reset Deadlines as to #13 FIRST LETTER MOTION for Conference (Request for INITIAL PRE-TRIAL CONFERENCE and Activate Discovery Proceeding in Tandem Mandatory Mediation Program during COVID-19 crisis) addressed to Judge Katherine Polk Failla from John Troy dated April 1. Responses due by 4/10/2020 (rro)
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Filing 13
FIRST LETTER MOTION for Conference (Request for INITIAL PRE-TRIAL CONFERENCE and Activate Discovery Proceeding in Tandem Mandatory Mediation Program during COVID-19 crisis) addressed to Judge Katherine Polk Failla from John Troy dated April 1, 2020. Document filed by Qiang Weng..(Troy, John)
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Filing 12
NOTICE OF APPEARANCE by Leanghour Lim on behalf of Qiang Weng..(Lim, Leanghour)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/27/2020..(ms)
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Filing 11
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 2/20/2020. (Signed by Judge Katherine Polk Failla on 12/10/2019) (rpr)
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Filing 10
ANSWER to #1 Complaint,,. Document filed by HungryPanda US, Inc., Kelu Liu, Jiawei Sun..(Hazzard, Robert)
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Filing 9
SUMMONS RETURNED EXECUTED. HungryPanda US, Inc. served on 1/16/2020, answer due 2/6/2020. Service was accepted by Wei Zhang, Manager. Service was made by MAIL. Document filed by Qiang Weng. (Attachments: #1 Exhibit POS as to Wei Zhang Manager of HungryPanda US INC)(Troy, John)
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Filing 8
SUMMONS RETURNED EXECUTED. Kelu Liu served on 1/16/2020, answer due 2/6/2020. Service was accepted by Wei Zhang, Manager. Service was made by MAIL. Document filed by Qiang Weng. (Attachments: #1 Exhibit POS as to Wei Zhang Manager of HungryPanda US INC)(Troy, John)
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Filing 7
SUMMONS RETURNED EXECUTED. Jiawei Sun served on 1/16/2020, answer due 2/6/2020. Service was accepted by Wei Zhang Manager. Service was made by MAIL. Document filed by Qiang Weng. (Attachments: #1 Exhibit POS as to Wei Zhang Manager of HungryPanda US INC)(Troy, John)
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Filing 6
SUMMONS ISSUED as to HungryPanda US, Inc., Kelu Liu, Jiawei Sun. (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: HungryPanda US, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo)
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Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
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Case Designated ECF. (jgo)
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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);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted;. (jgo)
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Filing 5
NOTICE OF APPEARANCE by Aaron B. Schweitzer on behalf of Qiang Weng. (Schweitzer, Aaron)
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Filing 4
CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Qiang Weng.(Troy, John)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to HungryPanda US Inc d/b/a HungryPanda; JIAWEI SUN, and KELU LIU, re: #1 Complaint,,. Document filed by Qiang Weng. (Troy, John)
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Filing 2
CIVIL COVER SHEET filed. (Troy, John)
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Filing 1
COMPLAINT against HungryPanda US, Inc., Kelu Liu, Jiawei Sun. (Filing Fee $ 400.00, Receipt Number ANYSDC-18380434)Document filed by Qiang Weng. (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)(Troy, John)
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