Fong et. al. v. Kotobuki Restaurant, Inc. et. al.
| New York Eastern District Court | |
| Judge: | Gary R Brown |
| Referred: | Lee G Dunst |
| Case #: | 2:21-cv-00747 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Feb 11, 2021 |
| Terminated: | Jun 14, 2022 |
| Last checked: Tuesday Aug 10, 2021 5:33 AM EDT |
|
Defendant
Eric Kim
|
|
|
Defendant
Kotobuki Restaurant, Inc.
|
Represented By
|
|
Defendant
Yoshihiro Narita
|
|
|
Plaintiff
Sheng Lin
|
Represented By
|
|
Plaintiff
Mary Y. Yueh
|
Represented By
|
|
Plaintiff
Hong Ying Zhang
|
Represented By
|
| TERMINATED PARTIES | |
|
Defendant
Kotobuki Babylon, Inc.
Terminated: 06/04/2021
|
Represented By
|
|
Defendant
Kotobuki Management, Inc.
Terminated: 06/04/2021
|
Represented By
|
|
Defendant
Kotobuki Manhattan, Inc.
Terminated: 06/04/2021
|
Represented By
|
|
Defendant
Kotobuki Roslyn, Inc.
Terminated: 06/04/2021
|
Represented By
|
|
Plaintiff
Angela Fong
Terminated: 07/07/2021
|
Represented By
|
| Docket last updated: 11 hours ago |
| Tuesday, June 14, 2022 | ||
|
order
Order Dismissing Case
Tue 06/14 4:06 PM
ORDER DISMISSING CASE: Whereas the parties agree that this matter should be dismissed but dispute whether such dismissal should be with prejudice or without prejudice, the Court has carefully reviewed the submissions of the parties. Plaintiff's principal ground for a dismissal without prejudice is the concern of post-dismissal retaliatory acts. As such, this case is dismissed with prejudice, however, of course, such dismissal would not bar future claims of retaliation. Defendant's motion for sanctions is denied. The pre-motion conference scheduled for June 15, 2022 at 2:00 PM is cancelled and the Clerk of the Court is respectfully directed to close the case. Ordered by Judge Gary R. Brown on 6/14/2022. c/ecf (Cowan, Timothy) |
||
|
order
~Util - Terminate Civil Case
Wed 06/15 2:36 PM
Civil Case Terminated; Case closed. (Cubano, Jazmin) |
||
| Friday, June 10, 2022 | ||
|
order
Scheduling Order
Fri 06/10 9:35 AM
SCHEDULING ORDER: In light of the reassignment of this case from Magistrate Judge James M. Wicks to Magistrate Judge Lee G. Dunst, the final pre-trial conference previously scheduled for 8/15/22 at 9:00 am is adjourned to 9/7/22 at 10:15 am and will be conducted by Zoom. The Court will email the Zoom invitation closer to the conference date. A joint proposed pre-trial order in compliance with District Judge Gary R. Brown's Individual Rules and signed by counsel for each party must be received by the undersigned by 8/30/22 . The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website . Ordered by Magistrate Judge Lee G. Dunst on 6/10/2022. (Baron, Corey) |
||
| Thursday, June 09, 2022 | ||
|
order
Scheduling Order
Thu 06/09 11:02 PM
SCHEDULING ORDER: In light of the reassignment of this case from Magistrate Judge James M. Wicks to Magistrate Judge Lee G. Dunst, the final pre-trial conference previously scheduled for 8/15/22 at 9:00 am is adjourned to 9/5/22 at 10:15 am and will be conducted by Zoom. The Court will email the Zoom invitation closer to the conference date. A joint proposed pre-trial order in compliance with District Judge Gary R. Brown's Individual Rules and signed by counsel for each party must be received by the undersigned by 8/30/22 . The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website. Ordered by Magistrate Judge Lee G. Dunst on 6/9/2022. (Baron, Corey) |
||
| Tuesday, June 07, 2022 | ||
|
utility
Case Assigned/Reassigned
Tue 06/07 1:55 PM
Case reassigned to Magistrate Judge Lee G. Dunst. Magistrate Judge James M. Wicks no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Florio, Lisa) |
||
| Monday, June 06, 2022 | ||
| 39 | 39
misc
Letter
Mon 06/06 5:12 PM
Letter Plaintiffs Response to Defendants Pre-Motion Letter /gd by Sheng Lin, Mary Y. Yueh, Hong Ying Zhang (Troy, John) |
|
| Thursday, June 02, 2022 | ||
|
order
Order(Other)
Thu 06/02 4:51 PM
ORDER: Pursuant to this Court's April 4, 2022 Electronic Order, plaintiff was directed to respond to defendants' pre-motion letter by April 19, 2022. To date, plaintiff has failed to file any such response. As such, the premotion conference scheduled for June 6, 2022 at 2:00 PM is adjourned until June 15, 2022 at 2:00 PM. Further, plaintiff is directed to respond to defendants' pre-motion letter by close of business June 6, 2022. Plaintiff is cautioned that the failure to comply with this will result in the dismissal of this case for failure to prosecute. Ordered by Judge Gary R. Brown on 6/2/2022. c/ecf (Cowan, Timothy) |
||
| Monday, April 04, 2022 | ||
|
order
Order on Motion to Dismiss
Mon 04/04 3:05 PM
ORDER granting38 Pre-Motion Conference for Motion to Dismiss. A pre-motion telephone conference is scheduled for June 6, 2022 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendants' anticipated motion, DE 38. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time. The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc. , 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 38 in accordance with the undersigned's individual rules by April 19, 2022. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 4/4/2022. c/ecf (Tahbaz, Joseph) |
||
| Wednesday, March 30, 2022 | ||
| 38 | 38
motion
Dismiss
Wed 03/30 1:06 PM
Letter MOTION to Dismiss by Eric Kim, Kotobuki Restaurant, Inc., Yoshihiro Narita. (Kaur, Harpreet) |
|
|
Att: 1
Exhibit Exhibit 1
|
||
| Tuesday, March 22, 2022 | ||
| 37 | 37
minutes
Status Conference ~Util - Set Hearings 1 - Terminate Deadlines and Hearings
Tue 03/22 12:21 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Aaron Schweitzer. Counsel For Defendant: Salvatore Puccio. Status Conference held on 3/22/2022 at 9:00 AM. The parties have not reached an agreement as to whether Plaintiff's intended voluntary dismissal of this action will be with/without prejudice. Accordingly, the Court issued a revised discovery schedule as follows: Plaintiff shall respond to Defendants' discovery demands, including the outstanding discovery enumerated in the motion to compel35 , on or before 3/28/2022; all document discovery shall be completed on or before 5/31/2022; all fact discovery shall be completed on or before 7/29/2022; and, the final date by which the parties shall take the first step of summary judgment motion practice is on or before 8/12/2022. A final Pretrial Conference is scheduled for August 15, 2022, at 9:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. A joint proposed pretrial order in compliance with the Honorable Gary R. Brown's Individual Rules and signed by counsel for each party must be received by the undersigned 5 business days prior to this conference. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #8:58-9:08 (video).)(Ortiz, Grisel) |
|
| Friday, February 18, 2022 | ||
| 36 | 36
minutes
Status Conference ~Util - Set Hearings 1 - Terminate Deadlines and Hearings
Tue 02/22 12:13 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Aaron Schweitzer. Counsel For Defendant: Salvatore Puccio. Status Conference held on 2/18/2022 at 9:00 AM. Plaintiff advised he intends to voluntarily dismiss the action. The parties are in disagreement whether such dismissal would be with or without prejudice under Fed. R. Civ. P. 41(a)(1). To the extent Plaintiff seeks dismissal at this stage, Plaintiff must comply with Rule 41(a)(2), which motion would be brought before the District Judge as it is dispositive. A Status Conference is scheduled for March 22, 2022, at 9:00 AM via the Court's Video Zoom, at which time outstanding discovery issues will be addressed if the case is not dismissed. The Court will email the Zoom invitation closer to the conference date. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #8:58-9:08 (video).)(Ortiz, Grisel) |
|
| Friday, February 11, 2022 | ||
|
order
Order on Motion for Discovery
Fri 02/11 6:18 PM
ORDER. Defendants' motion35 is hereby DENIED, without prejudice to renew. The motion fails to include a certification that the parties met and conferred in an attempt to resolve the issues without judicial intervention. Federal Rule of Civil Procedure 37(a) mandates that a motion to compel "include a certification that the movant has in good faith conferred or attempted to confer with the... party failing to make disclosure or discovery in an effort to obtain it without court action." This command is reaffirmed both in the Local Rules of this Court (see Local Civil Rule 37.3) and the undersigned's Individual Practice Rule 3(A). In sum, no matter what the nature or basis of the discovery application to the court may be, such application must, au fond, only follow a good faith attempt to resolve among the parties first. Since Defendants' letter fails to mention any attempt to meet and confer about the motion before it was filed, therefore, failing to comply with the rules outlined above, the motion is denied. The parties shall be prepared to discuss the subject discovery issues at the Status Conference on 2/18/2022, if the issues are not resolved before then. Ordered by Magistrate Judge James M. Wicks on 2/11/2022. (Weinstein, Tracy) |
||
| Thursday, February 10, 2022 | ||
| 35 | 35
motion
Discovery
Thu 02/10 3:19 PM
MOTION for Discovery by Eric Kim, Kotobuki Restaurant, Inc., Yoshihiro Narita. (Kaur, Harpreet) |
|
|
Att: 1
Exhibit Exhibit A - Plaintiff's First Requests for Production of Documents to Defendants,
|
||
|
Att: 2
Exhibit Exhibit B - Plaintiff's First Set of Interrogatories to Defendants
|
||
| Friday, January 21, 2022 | ||
| 34 | 34
minutes
Video Conference Status Conference ~Util - Set Hearings
Fri 01/21 4:46 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Aaron Schweitzer. Counsel For Defendant: Salvatore Puccio. Video Status Conference held on 1/21/2022 at 11:30 AM. Status conference held jointly with the status conference in the related matter 17-cv-4202, Yu v. Kotobuki Restaurant, Inc. Discovery remains on-going. As stated on the record, Plaintiffs are directed to respond to Defendants' discovery demands on or before 2/4/22. The parties orally requested an extension of the current discovery deadlines, which the Court granted. The discovery schedule is amended as follows: depositions shall be completed on or before 4/2/22; parties shall identify experts-in-chief and make Rule 26 disclosures on or before 4/7/22; parties shall identify rebuttal experts and make Rule 26 disclosures on or before 5/5/22; all discovery, including expert discovery, shall close on 6/10/22; the parties may take the first step in summary judgment practice no later than 6/29/22. A status conference has been scheduled for February 18, 2022 at 9:00 AM via the Court's Video Zoom, at which point the parties should be prepared to inform the Court whether they believe a settlement conference is appropriate in this case. The Court will email the Zoom invitation closer to the conference date. The pretrial conference currently set for May 23, 2022 is hereby adjourned from to July 18, 2022 at 4:00 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. If the trial judge requires one, a joint proposed pretrial order in compliance with that judge's requirements and signed by counsel for each party must be received by the undersigned 5 business days prior to this conference. (FTR Log #11:33-11:53 (video).)(Ortiz, Grisel) |
|
| Thursday, November 18, 2021 | ||
| 33 | 33
minutes
Video Conference Status Conference ~Util - Set Hearings
Thu 11/18 5:05 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: John Troy. Counsel For Defendant: Salvatore Puccio and Harpreet Kaur. Video Status Conference held on 11/18/2021 at 11:30 AM. The parties advised the Court of the status of this case. Discovery is proceeding as scheduled. A Status Conference is scheduled for January 21, 2022 at 11:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #11:32-11:38 (video).)(Ortiz, Grisel) |
|
| 32 | 32
misc
Corporate Disclosure Statement
Thu 11/18 10:41 AM
Corporate Disclosure Statement by Eric Kim, Kotobuki Restaurant, Inc., Yoshihiro Narita (Kaur, Harpreet) |
|
| 31 | 31
answer
Answer to Amended Complaint
Thu 11/18 10:34 AM
ANSWER to21 Amended Complaint, by Eric Kim, Kotobuki Restaurant, Inc., Yoshihiro Narita. (Kaur, Harpreet) |
|
| Wednesday, November 17, 2021 | ||
|
order
Scheduling Order 1 - Terminate Hearings
Wed 11/17 10:23 AM
SCHEDULING ORDER: The Status Conference set for 11/18/2021 will be held at 11:30 AM instead of 9:30 AM. So Ordered by Magistrate Judge James M. Wicks on 11/17/2021. (Ortiz, Grisel) |
||
| Thursday, October 14, 2021 | ||
| 30 | 30
notice
Notice of Appearance
Thu 10/14 4:22 PM
NOTICE of Appearance by Harpreet Kaur on behalf of Eric Kim, Kotobuki Restaurant, Inc., Yoshihiro Narita (aty to be noticed) (Kaur, Harpreet) |
|
| 29 | 29
notice
Notice of Appearance
Thu 10/14 4:19 PM
NOTICE of Appearance by Salvatore Puccio on behalf of Eric Kim, Yoshihiro Narita (aty to be noticed) (Puccio, Salvatore) |
|
| Monday, October 04, 2021 | ||
|
order
Scheduling Order 1 - Terminate Deadlines and Hearings
Mon 10/04 12:28 PM
SCHEDULING ORDER: Due to a conflict in the Court's calendar, the Status Conference set for 11/15/2021 is hereby ADJOURNED to 11/18/2021 at 09:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 10/4/2021. (Ortiz, Grisel) |
||
| Tuesday, September 07, 2021 | ||
| 28 | 28
minutes
Pre Motion Conference
Tue 09/07 3:21 PM
Minute Entry for proceedings held on 9/7/2021 before Judge Gary R. Brown: Civil Cause for Telephone Pre Motion Conference. Counsel for Plaintiff: Aaron Schweitzer. Counsel for Defendant: Salvatore Puccio. FTR: 2:06-2:29. Motion for: Rule 12 of FRCP, (DE23 ). Movant: Kotobuki Babylon, Inc., Kotobuki Management, Inc., Kotobuki Manhattan, Inc., Kotobuki Restaurant, Inc., Kotobuki Roslyn, Inc. Case called. Counsel for all sides present. Pre motion conference held. Motion granted as to plaintiffs Sheng Lin and Mary Y Yueh. Discovery to proceed in the Zhang case. (Tirado, Chelsea) |
|
| Thursday, August 05, 2021 | ||
| 27 | 27
order
Scheduling Order
Fri 08/06 10:10 AM
SCHEDULING ORDER: Please See Order for Further Deadline and Hearing Details. So Ordered by Magistrate Judge James M. Wicks on 8/5/2021. (Ortiz, Grisel) |
|
| 26 | 26
minutes
Video Conference Initial Conference Hearing
Fri 08/06 10:07 AM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Video Initial Conference Hearing held on 8/5/2021 at 10:30 AM. The parties summarized the details of the case. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at DE#27 . A Status Conference is scheduled for November 15, 2021 at 10:00am via the Court's AT&T Conference line. The parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. An in-person Pretrial Conference is scheduled for May 23, 2022 at 10:00 AM in courtroom 1020. If the trial judge requires one, a joint proposed pretrial order in compliance with that judge's requirements and signed by counsel for each party must be received by the undersigned 5 business days prior to this conference. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #10:33-10:51 (video).)(Ortiz, Grisel) Modified on 8/6/2021 (Ortiz, Grisel) |
|
| Wednesday, August 04, 2021 | ||
| 25 | 25
misc
Letter
Wed 08/04 6:35 PM
Letter Response and Opposition to Defendants' Second Request for Pre-Motion Conference in Anticipation of Defendants' Motion to Dismiss the Amended Portions of Plaintiffs Lin and Yueh's Amended Complaint (Docket No. 23)/ecy by Sheng Lin, Mary Y. Yueh, Hong Ying Zhang (Troy, John) |
|
|
order
1 - Terminate Hearings Scheduling Order
Wed 08/04 12:02 PM
SCHEDULING ORDER: Due to a conflict in the Court's calendar the Initial Conference set for 8/5/2021 at 09:30 AM will now be held at 10:30 AM via video. The Court will email the Zoom invitation prior to the conference. So Ordered by Magistrate Judge James M. Wicks on 8/4/2021. (Weinstein, Tracy) |
||
| Wednesday, July 28, 2021 | ||
| 24 | 24
misc
Proposed Scheduling Order
Wed 07/28 10:42 AM
Proposed Scheduling Order Worksheet by Kotobuki Restaurant, Inc. (Puccio, Salvatore) |
|
| Friday, July 23, 2021 | ||
|
order
Scheduling Order 1 - Terminate Deadlines and Hearings
Fri 07/23 6:34 PM
SCHEDULING ORDER: Due to a conflict in the Courts calendar the Initial Conference set for 8/5/2021 at 02:30 PM will now be held at 09:30 AM via the video. The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 7/23/2021. (Ortiz, Grisel) |
||
| Tuesday, July 20, 2021 | ||
|
order
Order on Motion to Dismiss
Tue 07/20 10:40 AM
ORDER granting23 Motion to Dismiss. A pre-motion telephone conference is scheduled for September 7, 2021 at 2:00 p.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendants' anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 23. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time. The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc. , 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Plaintiffs are directed to respond to DE 23 in accordance with the undersigned's individual rules by August 4, 2021. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 7/20/2021. (Meil, Stephen) |
||
| Monday, July 19, 2021 | ||
| 23 | 23
motion
Dismiss
Mon 07/19 3:49 PM
Letter MOTION to Dismiss by Kotobuki Babylon, Inc., Kotobuki Management, Inc., Kotobuki Manhattan, Inc., Kotobuki Restaurant, Inc., Kotobuki Roslyn, Inc.. (Puccio, Salvatore) |
|
|
Att: 1
Exhibit 1- Order Pre-Motion Conference,
|
||
|
Att: 2
Exhibit 2- Transcript,
|
||
|
Att: 3
Exhibit 3-Amended Complaint and Redline,
|
||
|
Att: 4
Exhibit 4- Sheng Lin - Text Messages
|
||
| Monday, July 12, 2021 | ||
| 22 | 22
misc
Transcript
Mon 07/12 10:16 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 4, 2021, before Judge Gary R. Brown. Transcriber AA Express Transcripts, Telephone number 888-456-9716. Email address: aaexpress@court-transcripts.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2021. Redacted Transcript Deadline set for 8/12/2021. Release of Transcript Restriction set for 10/11/2021. (Cox, Dwayne) |
|
| Tuesday, July 06, 2021 | ||
| 21 | 21
cmp
Amended Complaint
Tue 07/06 8:50 PM
AMENDED COMPLAINT /ecy against All Defendants, filed by Mary Y. Yueh, Sheng Lin, Hong Ying Zhang, Angela Fong. (Troy, John) |
|
|
Att: 1
Exhibit Defendant's Letter Asking Plaintiff Sheng Lin to Return to Work,
|
||
|
Att: 2
Exhibit Customer Review About Kotobuki on Google Review
|
||
| Tuesday, June 29, 2021 | ||
|
order
Order on Motion to Adjourn Conference Order on Motion for Extension of Time to File
Tue 06/29 1:40 PM
ORDER: The parties' joint application to adjourn the Initial Conference and to extend the deadline for the proposed discovery plan20 is hereby granted. The Initial Conference is set for August 5, 2021, at 2:30 PM. The Conference will be held by video Zoom. A link will be sent to the parties the week of the Conference. Counsel are directed to complete and file the proposed discovery work plan on or before July 29, 2021. Ordered by Magistrate Judge James M. Wicks on 6/29/2021. (Weinstein, Tracy) |
||
| Monday, June 28, 2021 | ||
| 20 | 20
motion
Adjourn Conference Extension of Time to File Document
Mon 06/28 4:47 PM
Letter MOTION to Adjourn Conference , Letter MOTION for Extension of Time to File to submit proposed discovery plan by Kotobuki Babylon, Inc., Kotobuki Management, Inc., Kotobuki Manhattan, Inc., Kotobuki Restaurant, Inc., Kotobuki Roslyn, Inc.. (Puccio, Salvatore) |
|
| Thursday, June 24, 2021 | ||
|
order
Order(Other)
Thu 06/24 1:46 PM
ORDER: The in-Person Conference scheduled for 7/7/2021 will be held via Video Zoom. A link will be emailed to the parties listed on the docket. So Ordered by Magistrate Judge James M. Wicks on 6/24/2021. (Ortiz, Grisel) |
||
| Friday, June 04, 2021 | ||
| 19 | 19
minutes
Pre Motion Conference ~Util - Add and Terminate Parties
Fri 06/04 4:24 PM
Minute Entry for proceedings held on 6/4/2021 before Judge Gary R. Brown: Civil Cause for Telephone Pre Motion Conference. Counsel for Plaintiff: Aaron Schweitzer. Counsel for Defendant: Salvatore Puccio. FTR #: 2:03-2:30, AT&T Conference. Motion for: Rule 12 of the Federal Rules of Civil Procedure (DE16 ). Movant: Kotobuki Babylon, Inc., Kotobuki Management, Inc., Kotobuki Manhattan, Inc., Kotobuki Restaurant, Inc., Kotobuki Roslyn, Inc. Case called. Counsel for all sides present. Pre motion conference held. Motion argued. The Court deems the motion made. Motion is granted in part and denied in part. Kotobuki Management, Inc. is dismissed. Kotobuki Roslyn, Inc., Kotobuki Babylon, Inc., Kotobuki Manhattan, Inc., are dismissed. Angela Fong's claims are dismissed with prejudice. Mary Y. Yueh and Sheng Lin claims are dismissed without prejudice to filing an Amended Complaint by 7/6/2021. (Tirado, Chelsea) |
|
| Wednesday, May 19, 2021 | ||
|
order
Order(Other)
Wed 05/19 5:45 PM
ORDER Re18 Initial Conference Scheduling Order: The parties are advised that following the in-person initial conference scheduled for 9:30 AM on July 7, 2021, the Court will issue a Discovery Order tailored to the circumstances of this FLSA case. As such, counsel need not prepare a discovery worksheet prior to the initial conference. So Ordered by Magistrate Judge James M. Wicks on 5/19/2021. (Ortiz, Grisel) |
||
| Tuesday, May 18, 2021 | ||
| 18 | 18
order
Scheduling Order
Tue 05/18 11:36 AM
INITIAL CONFERENCE SCHEDULING ORDER: An in-person initial conference will be held at 9:30 AM on July 7, 2021, before Magistrate Judge James M. Wicks in Courtroom 1020. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than June 30, 2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge James M. Wicks on 5/18/2021. (Ortiz, Grisel) |
|
|
Att: 1
Discovery Plan Worksheet,
|
||
|
Att: 2
JMW Individual Rules
|
||
| Friday, May 14, 2021 | ||
|
utility
Case Assigned/Reassigned
Fri 05/14 3:52 PM
Case reassigned to Magistrate Judge James M. Wicks. Magistrate Judge Steven Tiscione no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Florio, Lisa) |
||
| Tuesday, May 11, 2021 | ||
|
order
Order on Motion for Pre Motion Conference
Tue 05/11 1:25 PM
ORDER finding as moot17 Motion for Pre Motion Conference. Filing is a responsive letter, not a motion. Ordered by Judge Gary R. Brown on 5/11/2021. (Meil, Stephen) |
||
| Monday, May 10, 2021 | ||
| 17 | 17
motion
Pre Motion Conference
Mon 05/10 8:07 PM
MOTION for pre motion conference re Order on Motion for Pre Motion Conference,,,,, Plaintiff's Opposition to Request for Pre-Motion Conference by Angela Fong, Sheng Lin, Mary Y. Yueh, Hong Ying Zhang. (Troy, John) |
|
| Friday, April 23, 2021 | ||
|
order
Order on Motion for Pre Motion Conference
Fri 04/23 9:54 AM
ORDER granting16 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for June 4, 2021 at 2:00 p.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendants' anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 16. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time. The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc. , 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Plaintiffs are directed to respond to DE 16 in accordance with the undersigned's individual rules by May 10, 2021. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 4/23/2021. (Meil, Stephen) |
||
| Wednesday, April 21, 2021 | ||
| 16 | 16
motion
Pre Motion Conference
Wed 04/21 4:54 PM
Letter MOTION for pre motion conference by Kotobuki Babylon, Inc., Kotobuki Management, Inc., Kotobuki Manhattan, Inc., Kotobuki Restaurant, Inc., Kotobuki Roslyn, Inc.. (Puccio, Salvatore) |
|
| Friday, April 09, 2021 | ||
| 15 | 15
motion
Extension of Time to File Answer
Fri 04/09 4:38 PM
MOTION for Extension of Time to File Answer re1 Complaint,, by Kotobuki Babylon, Inc., Kotobuki Management, Inc., Kotobuki Manhattan, Inc., Kotobuki Restaurant, Inc., Kotobuki Roslyn, Inc.. (Puccio, Salvatore) |
|
|
order
Order on Motion for Extension of Time to Answer
Fri 04/09 5:22 PM
ORDER granting15 Motion for Extension of Time to Answer: Kotobuki Restaurant, Inc. answer due 4/23/2021. So Ordered by Magistrate Judge Steven Tiscione on 4/9/2021. (Vasquez, Lea) |
||
| Friday, March 19, 2021 | ||
| 14 | 14
service
Waiver of Service Executed
Fri 03/19 3:06 PM
WAIVER OF SERVICE Returned Executed by Mary Y. Yueh, Sheng Lin, Hong Ying Zhang, Angela Fong. Yoshihiro Narita waiver sent on 2/12/2021, answer due 4/13/2021. (Troy, John) |
|
| 13 | 13
service
Waiver of Service Executed
Fri 03/19 3:05 PM
WAIVER OF SERVICE Returned Executed by Mary Y. Yueh, Sheng Lin, Hong Ying Zhang, Angela Fong. Kotobuki Roslyn, Inc. waiver sent on 2/12/2021, answer due 4/13/2021. (Troy, John) |
|
| 12 | 12
service
Waiver of Service Executed
Fri 03/19 3:04 PM
WAIVER OF SERVICE Returned Executed by Mary Y. Yueh, Sheng Lin, Hong Ying Zhang, Angela Fong. Kotobuki Manhattan, Inc. waiver sent on 2/12/2021, answer due 4/13/2021. (Troy, John) |
|
| 11 | 11
service
Waiver of Service Executed
Fri 03/19 3:03 PM
WAIVER OF SERVICE Returned Executed by Mary Y. Yueh, Sheng Lin, Hong Ying Zhang, Angela Fong. Kotobuki Management, Inc. waiver sent on 2/12/2021, answer due 4/13/2021. (Troy, John) |
|
| 10 | 10
service
Waiver of Service Executed
Fri 03/19 3:02 PM
WAIVER OF SERVICE Returned Executed by Mary Y. Yueh, Sheng Lin, Hong Ying Zhang, Angela Fong. Eric Kim waiver sent on 2/12/2021, answer due 4/13/2021. (Troy, John) |
|
| 9 | 9
service
Waiver of Service Executed
Fri 03/19 3:01 PM
WAIVER OF SERVICE Returned Executed by Mary Y. Yueh, Sheng Lin, Hong Ying Zhang, Angela Fong. Kotobuki Restaurant, Inc. waiver sent on 2/12/2021, answer due 4/13/2021. (Troy, John) |
|
| 8 | 8
service
Waiver of Service Executed
Fri 03/19 3:00 PM
WAIVER OF SERVICE Returned Executed by Mary Y. Yueh, Sheng Lin, Hong Ying Zhang, Angela Fong. Kotobuki Babylon, Inc. waiver sent on 2/12/2021, answer due 4/13/2021. (Troy, John) |
|
| Monday, February 15, 2021 | ||
| 7 | 7
notice
Notice(Other)
Mon 02/15 8:21 PM
NOTICE by Angela Fong, Sheng Lin, Mary Y. Yueh, Hong Ying Zhang Notice of Violation of Section 215 of the New York Labor Law to the Attorney General of the State of New York (Troy, John) |
|
| Friday, February 12, 2021 | ||
| 6 | 6
service
Summons Issued
Fri 02/12 1:40 PM
Summons Issued as to All Defendants. (Flanagan, Doreen) (Main Document 6 replaced on 2/12/2021) (Flanagan, Doreen). |
|
| 5 | 5
notice
Notice of Related Case Assignment/Designation
Fri 02/12 1:29 PM
Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates that Case No. 2:17-cv-04202 (JMA)(AYS) is a related case. (Flanagan, Doreen) |
|
| 4 | 4
misc
Clerks Notice of Rule 73
Fri 02/12 1:26 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen) |
|
| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Fri 02/12 1:19 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
|
|
utility
Case Assigned/Reassigned
Fri 02/12 1:25 PM
Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen) |
||
| Thursday, February 11, 2021 | ||
| 2 | 2
Civil Cover Sheet.. Re1 Complaint,, by Angela Fong, Sheng Lin, Hong Ying Zhang and Mary Y. Yueh (Troy, John) Modified on 2/12/2021 (Flanagan, Doreen).
|
|
|
Att: 1
Proposed Summons + Rider
|
||
| 1 | 1
COMPLAINT Angela Fong, Sheng Lin, Hong Ying Zhang and Mary Y. Yueh against All Defendants filing fee $ 402, receipt number ANYEDC-14132700 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Angela Fong, Sheng Lin, Hong Ying Zhang and Mary Y. Yueh. (Troy, John) Modified on 2/12/2021 (Flanagan, Doreen).
|
|
|
Att: 1
Exhibit Notice to Enforce Shareholder Liability for Services Rendered,
|
||
|
Att: 2
Exhibit Notice to Inspect Share Records,
|
||
|
Att: 3
Exhibit Document Preservation Demand,
|
||
|
Att: 4
Exhibit Notice of Lien and Assignment,
|
||
|
Att: 5
Exhibit Notice that Retaliation is Illegal under the FLSA and NYLL,
|
||
|
Att: 6
Exhibit Notice Settlement Under the Table is Prohibited
|
||