Kim et al v. Agape Health Management, Inc. et al
Plaintiff: Kyung Sim Che, Heesang Kim and Myeong Suk Choi
Defendant: James Victory, Tae Kwon Ohm, Sun Ok Lee, Agape Health Management, Inc. and Dong Chul Choi
Case Number: 1:2021cv00756
Filed: June 24, 2021
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Theresa Carroll Buchanan
Referring Judge: T S Ellis
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 20, 2021 Filing 30 Opposition to #24 MOTION to Dismiss and for Sanctions filed by Kyung Sim Che, Myeong Suk Choi, Heesang Kim. (Attachments: #1 Exhibit 1)(Ryu, Hyunkweon)
August 20, 2021 Opinion or Order Filing 29 ORDERED that the Motion #28 is GRANTED; and it is further ORDERED that Defendant's responsive pleading is due on or before Monday, August 30, 2021. Signed by Magistrate Judge Theresa Carroll Buchanan on 08/20/2021. (dvanm, )
August 19, 2021 Filing 28 Consent MOTION for Extension by Tae Kwon Ohm. (Attachments: #1 Proposed Order)(Huh, Jason)
August 19, 2021 Filing 27 NOTICE of Appearance by Jason Jin Huh on behalf of Tae Kwon Ohm (Huh, Jason)
August 18, 2021 Opinion or Order Filing 26 ORDERED that the hearing on Defendant's Second Motion to Dismiss and For Sanctions #24 is CONTINUED from August 27, 2021 at 10 a.m. to September 17, 2021 at 10 a.m. Signed by District Judge T. S. Ellis, III on 08/18/2021. (tran)
August 18, 2021 Reset Hearing as to #24 MOTION to Dismiss and for Sanctions. Motion Hearing reset for 9/17/2021 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (tran)
August 13, 2021 Set Deadlines as to #24 MOTION to Dismiss and for Sanctions. Motion Hearing set for 8/27/2021 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, )
August 13, 2021 Filing 25 Notice of Hearing Date re #24 MOTION to Dismiss and for Sanctions (Victory, James)
August 13, 2021 Filing 24 MOTION to Dismiss and for Sanctions by Agape Health Management, Inc., Sun Ok Lee. (Victory, James)
August 12, 2021 Filing 23 AFFIDAVIT of Service/Summons returned executed for Complaint, Summons, Civil Cover Sheet as to James Victory serve on 07/23/2021, filed by Kyung Sim Che, Myeong Suk Choi, Heesang Kim. (Ryu, Hyunkweon) Modified text on 8/13/2021, no answer due date set, defendant terminated on 7/30/21 (klau, ).
August 12, 2021 Filing 22 AFFIDAVIT of Service/ Summons returned executed for Complaint, Summons, Civil Cover Sheet as to Tae Kwon Ohm serve on 07/23/2021, answer due 8/13/21 , filed by Kyung Sim Che, Myeong Suk Choi, Heesang Kim. (Ryu, Hyunkweon) Modified text on 8/13/2021 to add answer due date (klau, ).
August 12, 2021 Filing 21 AFFIDAVIT of Service/Summons returned executed for Complaint, Summons, Civil Cover Sheet as to Sun Ok Lee serve on 07/23/2021, answer due 8/13/21, filed by Kyung Sim Che, Myeong Suk Choi, Heesang Kim. (Ryu, Hyunkweon) Modified text on 8/13/2021 to reset answer due date per TCB chambers(klau, ).
August 12, 2021 Filing 20 AFFIDAVIT of Service/Summons returned executed for Complaint, Summons, Civil Cover Sheet as to Dong Chul Choi serve on 07/23/2021, answer due 8/13/21, filed by Kyung Sim Che, Myeong Suk Choi, Heesang Kim. (Ryu, Hyunkweon) Modified text on 8/13/2021 to reset answer due date per TCB chambers (klau, ).
August 12, 2021 Filing 19 AFFIDAVIT of Service/Summons returned executed for Complaint, Summons, Civil Cover Sheet as to Dong Chul Choi, Registered Agent of Agape Health Management Inc. serve on 07/23/2021, answer due 8/13/21 filed by Kyung Sim Che, Myeong Suk Choi, Heesang Kim. (Ryu, Hyunkweon) Modified text on 8/13/2021 (klau, ). Modified text on 8/13/2021 to reset answer due date per TCB Chambers. (klau, ).
August 3, 2021 Opinion or Order Filing 18 So Ordered re #17 Notice of Voluntary Dismissal of the defendants Dong Chul CHOI and James VICTORY only, filed by Myeong Suk Choi, Heesang Kim, Kyung Sim Che. Signed by District Judge T. S. Ellis, III on 8/3/21. (klau, )
August 2, 2021 Filing 17 NOTICE of Voluntary Dismissal of the defendants Dong Chul CHOI and James VICTORY only by Kyung Sim Che, Myeong Suk Choi, Heesang Kim (Ryu, Hyunkweon)
July 30, 2021 Filing 16 AMENDED COMPLAINT with Jury Demand against Agape Health Management, Inc., Sun Ok Lee, Tae Kwon Ohm, filed by Kyung Sim Che, Myeong Suk Choi, Heesang Kim.(Ryu, Hyunkweon) Modified text n 8/3/2021 (klau, ).
July 16, 2021 Opinion or Order Filing 15 ORDER that Defendants' #4 Motion to Dismiss is DENIED as moot. ORDERED that Defendants' Rule 11 Sanctions Motion (Dkt. 4-2) is DENIED as moot. ORDERED that Plaintiffs' Motion to File Surreply (Dkt. 8) is DENIED as moot. ORDERED that the portion of the July 14, 2021 Order referring Defendants' Motion to Dismiss and Rule 11 Sanctions Motion to the Magistrate Judge for a Report and Recommendation Pursuant to 28 U.S.C. 636(b) is VACATED as moot. ORDERED that on or before, July 30, 2021 at 5:00 p.m., Plaintiffs shall file an Amended Complaint. ORDERED that on or before August 13, 2021 at 5:00 p.m., Defendants shall file a response to the Amended Complaint. Signed by District Judge T. S. Ellis, III on 7/16/21. (klau, )
July 15, 2021 Filing 14 Response to #9 Order,,, filed by Heesang Kim. (Ryu, Hyunkweon)
July 15, 2021 Opinion or Order Filing 13 ORDER that Defendants Agape Health Management, Inc., Dong Chul Choi, and Sun Ok Lees's #11 Motion for Extension of Time to Answer is GRANTED. ORDER that Defendants' deadline to respond to the complaint is EXTENDED to Wednesday, August 4, 2021. Signed by Magistrate Judge Theresa Carroll Buchanan on 7/15/21. (klau, )
July 15, 2021 MOTIONS REFERRED to Magistrate Judge: Buchanan. #4 MOTION to Dismiss for Failure to State a Claim (clar, )
July 15, 2021 Reset Deadlines as to #4 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 7/16/2021 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (Per TCB chambers motions set for 7/16/2021 on the pleading - Deadlines Terminated) (clar, )
July 15, 2021 Per TCB chambers motions set for 7/16/2021 set before Judge Ellis has been referred to Judge Buchanan - Per TCB chambers motions on the pleading (clar, )
July 14, 2021 Filing 12 Response to #11 MOTION for Extension of Time to File Answer re #1 Complaint, filed by Kyung Sim Che, Myeong Suk Choi, Heesang Kim. (Ryu, Hyunkweon)
July 14, 2021 Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint, by Agape Health Management, Inc., Dong Chul Choi, Sun Ok Lee. (Victory, James)
July 14, 2021 Filing 10 NOTICE of Appearance by James Y. Victory on behalf of Agape Health Management, Inc., Dong Chul Choi, Sun Ok Lee (Victory, James)
July 14, 2021 Opinion or Order Filing 9 ORDER: Both motions are referred to the Magistrate Judge for a Report and Recommendation pursuant to 28 U.S.C. 636(b). This Order expresses no opinion on the merits of Defendants' motions, other than to note that the Rule 11 motion may be premature. The parties are also appropriately reminded that Rule 11 has a safe harbor provision, which permits a party to avoid sanctions by withdrawing or correcting the pleading. See Rule 11(c), Feb. R. Civ. P. Thus, if appropriate, Plaintiffs' counsel may revise the pleading giving rise to Defendants' Rule 11 motion-here the Complaint-on or before July 15, 2021 at 5:00 p.m., thereby rendering moot the Rule 11 sanctions issue. Signed by District Judge T. S. Ellis, III on 07/14/2021. (tran) Modified on 7/16/2021 VACATED per Order dated 7/16/21 (klau, ).
July 13, 2021 Filing 8 Reply to #7 Reply to Response to Motion and Plaintiffs Motion for Leave to File A Surreply filed by Heesang Kim. (Ryu, Hyunkweon)
July 11, 2021 Filing 7 REPLY to Response to Motion re #4 MOTION to Dismiss for Failure to State a Claim and for Sanctions filed by James Victory. (Victory, James)
July 9, 2021 Filing 6 Opposition to #4 MOTION to Dismiss for Failure to State a Claim filed by Heesang Kim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Ryu, Hyunkweon)
July 3, 2021 Set Deadlines as to #4 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 7/16/2021 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, )
July 3, 2021 Filing 5 Notice of Hearing Date (set for July 16, 2021) re #4 MOTION to Dismiss for Failure to State a Claim (Victory, James)
July 2, 2021 Filing 4 MOTION to Dismiss for Failure to State a Claim by James Victory. (Attachments: #1 Exhibit Declaration of James Victory, #2 Exhibit Rule 11 Motion)(Victory, James)
June 25, 2021 Filing 3 Summons Issued for service by SPS as to Agape Health Management, Inc., Dong Chul Choi, Sun Ok Lee, Tae Kwon Ohm, James Victory. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice)(klau, )
June 24, 2021 Filing 2 Proposed Summons re #1 Complaint by Kyung Sim Che, Myeong Suk Choi, Heesang Kim. (Attachments: #1 proposed summons, #2 proposed summons, #3 proposed summons, #4 proposed summons)(Ryu, Hyunkweon)
June 24, 2021 Filing 1 Complaint Retaliation with Jury Demand against Agape Health Management Inc., Dong Chul Choi, Sun Ok Lee, Tae Kwon Ohm, James Victory ( Filing fee $ 402, receipt number AVAEDC-7857522.), filed by Heesang Kim, Kyung Sim Che, Myeong Suk Choi. (Attachments: #1 Civil Cover Sheet)(Ryu, Hyunkweon) Modified text on 6/24/2021 (klau, ).
June 24, 2021 Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge Theresa Carroll Buchanan. (klau, )

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Defendant: James Victory
Represented By: James Y. Victory
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Defendant: Tae Kwon Ohm
Represented By: Jason Jin Huh
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Defendant: Sun Ok Lee
Represented By: James Y. Victory
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Defendant: Agape Health Management, Inc.
Represented By: James Y. Victory
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Defendant: Dong Chul Choi
Represented By: James Y. Victory
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Plaintiff: Kyung Sim Che
Represented By: Hyunkweon Ryu
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Plaintiff: Heesang Kim
Represented By: Hyunkweon Ryu
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Plaintiff: Myeong Suk Choi
Represented By: Hyunkweon Ryu
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