| Court: | nysd |
| Docket #: | 1:15-cv-09888 |
| Case Name: | Yu et al v. ISG Enterprises Inc. et al |
| PACER case #: | 451383 |
| Date filed: | 2015-12-18 |
| Date terminated: | 2017-06-05 |
| Assigned to: | Judge J. Paul Oetken |
| Referred to: | Magistrate Judge James C. Francis (Settlement) |
| Case Cause: | 29:201 Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Xue Xiang Yu Plaintiff on behalf of themselves and others similarly situated |
Benjamin B. Xue Robert Lev Isabella Kevin K. Yam Puja Sharma Ricky Liang |
| Qi Zhong Chen Plaintiff on behalf of themselves and others similarly situated |
Benjamin B. Xue Robert Lev Isabella Kevin K. Yam Puja Sharma Ricky Liang |
| He Lin Plaintiff on behalf of themselves and others similarly situated |
Benjamin B. Xue Robert Lev Isabella Kevin K. Yam Puja Sharma Ricky Liang |
| ISG Enterprises Inc. Defendant doing business asSushi Sushi |
David T. Azrin Adam Stewart Katz Andrew Justin Urgenson Previn Ajit Waran |
| ABC Corporation Defendant doing business asSushi Sushi |
|
| Igor Grinberg Defendant |
David T. Azrin Adam Stewart Katz Andrew Justin Urgenson Previn Ajit Waran |
| John Doe Defendant |
|
| Jane Doe Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-12-18 | 1 | 0 | COMPLAINT against ABC Corporation, Igor Grinberg, ISG Enterprises Inc., Jane Doe, John Doe. (Filing Fee $ 400.00, Receipt Number 0208-11755516)Document filed by He Lin, Qi Zhong Chen, Xue Xiang Yu. (Attachments: # 1 Exhibit Consent to Sue, # 2 Exhibit Consent to Sue, # 3 Exhibit Consent to Sue)(Isabella, Robert) (Entered: 12/18/2015) | |||
| 2015-12-18 | 2 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - - COMPLAINT against ABC Corporation, Igor Grinberg, ISG Enterprises Inc., Jane Doe, John Doe. Document filed by He Lin, Qi Zhong Chen, Xue Xiang Yu. (Attachments: # 1 Exhibit Consent to Sue, # 2 Exhibit Consent to Sue, # 3 Exhibit Consent to Sue, # 4 Exhibit Notice of Intention to Enforce Shareholder Liability for Services Rendered)(Isabella, Robert) Modified on 12/21/2015 (laq). (Entered: 12/18/2015) | |||
| 2015-12-18 | 3 | 0 | CIVIL COVER SHEET filed. (Isabella, Robert) (Entered: 12/18/2015) | |||
| 2015-12-18 | 4 | 0 | FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ISG Enterprises Inc. d/b/a Sushi Sushi, ABC Corporation d/b/a Sushi Sushi, Igor Grinberg, re: 2 Complaint,. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu. (Isabella, Robert) Modified on 12/21/2015 (laq). (Entered: 12/18/2015) | |||
| 2015-12-21 | 5 | 0 | AMENDED COMPLAINT amending 2 Complaint, against ABC Corporation, Igor Grinberg, ISG Enterprises Inc., Jane Doe, John Doe with JURY DEMAND.Document filed by He Lin, Qi Zhong Chen, Xue Xiang Yu. Related document: 2 Complaint, filed by He Lin, Xue Xiang Yu, Qi Zhong Chen. (Attachments: # 1 Exhibit Consent to Sue of Xue Xiang Yu, # 2 Exhibit Consent to Sue of Qi Zhong Chen, # 3 Exhibit Consent to Sue of He Lin, # 4 Exhibit Notice of Intention to Enforce Shareholder Liability for Services Rendered)(Isabella, Robert) (Entered: 12/21/2015) | |||
| 2015-12-21 | 6 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to ISG Enterprises Inc. d/b/a Sushi Sushi, re: 5 Amended Complaint,,. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu. (Isabella, Robert) (Entered: 12/21/2015) | |||
| 2015-12-21 | 7 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to ABC Corporation d/b/a Sushi Sushi, re: 5 Amended Complaint,,. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu. (Isabella, Robert) (Entered: 12/21/2015) | |||
| 2015-12-21 | 8 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Igor Grinberg, re: 5 Amended Complaint,,. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu. (Isabella, Robert) (Entered: 12/21/2015) | |||
| 2015-12-22 | 9 | 0 | ELECTRONIC SUMMONS ISSUED as to ABC Corporation. (moh) (Entered: 12/22/2015) | |||
| 2015-12-22 | 10 | 0 | ELECTRONIC SUMMONS ISSUED as to Igor Grinberg. (moh) (Entered: 12/22/2015) | |||
| 2015-12-22 | 11 | 0 | ELECTRONIC SUMMONS ISSUED as to ISG Enterprises Inc.. (moh) (Entered: 12/22/2015) | |||
| 2016-01-05 | 12 | 0 | AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Igor Grinberg served on 12/29/2015, answer due 1/19/2016. Service was accepted by Katherine Polanco. Service was made by Mail. Document filed by He Lin; Qi Zhong Chen; Xue Xiang Yu. (Isabella, Robert) (Entered: 01/05/2016) | |||
| 2016-01-05 | 13 | 0 | AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. ABC Corporation served on 12/31/2015, answer due 1/21/2016. Service was accepted by Jane Smith, General Agent (refused full name). Document filed by He Lin; Qi Zhong Chen; Xue Xiang Yu. (Isabella, Robert) (Entered: 01/05/2016) | |||
| 2016-01-12 | 14 | 0 | AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. ISG Enterprises Inc. served on 12/31/2015, answer due 1/21/2016. Service was accepted by Nancy Dougherty, Agent. Document filed by He Lin; Qi Zhong Chen; Xue Xiang Yu. (Isabella, Robert) (Entered: 01/12/2016) | |||
| 2016-02-17 | 15 | 0 | ORDER: Plaintiffs are directed to notify the Court whether they intend to move for default judgment, or if they have received any communication from Defendants or their counsel regarding a response to the complaint. If Plaintiffs fail by March 4, 2016, to either (1) file a letter concerning the status of the case, or (2) move for default judgment against Defendants, the action may be dismissed for failure to prosecute. Plaintiffs are directed to serve copies of this order by mail to Defendants and to the New York Secretary of State. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 2/17/2016) (kgo) (Entered: 02/17/2016) | |||
| 2016-02-25 | 16 | 0 | FIRST LETTER MOTION for Extension of Time to respond to Plaintiff's Complaint addressed to Judge J. Paul Oetken from Adam S. Katz, Esq. dated February 25, 2016. Document filed by Igor Grinberg, ISG Enterprises Inc..(Katz, Adam) (Entered: 02/25/2016) | |||
| 2016-02-25 | 17 | 0 | LETTER addressed to Judge J. Paul Oetken from Robert L. Isabella dated February 25, 2016 re: Update Regarding the Status of This Case and Response to Defendants' Letter of February 25, 2016. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu. (Attachments: # 1 Exhibit E-Mail from Igor Grinberg to Robert Isabella dated January 12, 2016, # 2 Exhibit E-Mail from Robert Isabella to Igor Grinberg dated January 12, 2016, # 3 Exhibit E-Mail Correspondence Between Robert Isabella and Igor Grinberg Regarding Plaintiffs' Damages Calculations, # 4 Exhibit E-Mail from Robert Isabella to Igor Grinberg dated February 12, 2016, # 5 Exhibit E-Mail from Robert Isabella to Igor Grinberg dated February 17, 2016, # 6 Exhibit E-Mail from Andrew Urgenson to Robert Isabella dated February 19, 2016, # 7 Exhibit E-Mail Correspondence Between Robert Isabella and Andrew Urgenson dated February 25, 2016)(Isabella, Robert) (Entered: 02/25/2016) | |||
| 2016-02-26 | 18 | 0 | ORDER granting 16 Letter Motion for Extension of Time. Granted in part. Defendants shall answer or otherwise respond to the complaint on or before March 24, 2016. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 02/26/2016) | |||
| 2016-03-23 | 19 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ISG Enterprises Inc..(Urgenson, Andrew) (Entered: 03/23/2016) | |||
| 2016-03-23 | 20 | 0 | ANSWER to 5 Amended Complaint,, with JURY DEMAND. Document filed by Igor Grinberg, ISG Enterprises Inc..(Urgenson, Andrew) (Entered: 03/23/2016) | |||
| 2016-03-24 | 21 | 0 | ORDER: This case has been assigned to the undersigned for all purposes. Counsel for all parties are directed to appear for a pretrial conference with the Court, at the time and place listed below. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Date and place of conference: April 7, 2016, at 11:30 a.m., in Courtroom 706 of the Thurgood Marshall United States Court House, 40 Foley Square, New York, New York. Initial Conference set for 4/7/2016 at 11:30 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 3/24/2016) (ama) (Entered: 03/24/2016) | |||
| 2016-04-04 | 22 | 0 | RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu.(Isabella, Robert) (Entered: 04/04/2016) | |||
| 2016-04-06 | 23 | 0 | NOTICE OF APPEARANCE by Kevin K. Yam on behalf of Qi Zhong Chen, He Lin, Xue Xiang Yu. (Yam, Kevin) (Entered: 04/06/2016) | |||
| 2016-04-07 | 24 | 0 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. ยง 636(c). All Fact Discovery due by 8/5/2016. Deposition due by 7/28/2016. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is three to four days. Case Management Conference set for 9/7/2016 at 11:00 AM before Judge J. Paul Oetken. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/07/2016) (ama) (Entered: 04/07/2016) | |||
| 2016-04-20 | 25 | 0 | NOTICE OF APPEARANCE by Previn Ajit Waran on behalf of Igor Grinberg, ISG Enterprises Inc.. (Waran, Previn) (Entered: 04/20/2016) | |||
| 2016-05-20 | 26 | 0 | NOTICE OF CHANGE OF ADDRESS by Previn Ajit Waran on behalf of Igor Grinberg, ISG Enterprises Inc.. New Address: Oved & Oved LLP, 401 Greenwich Street, New York, New York, United States of America 10013, 212-226-2376. (Waran, Previn) (Entered: 05/20/2016) | |||
| 2016-06-24 | 27 | 0 | MOTION for Robert Lev Isabella to Withdraw as Attorney . Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu.(Isabella, Robert) (Entered: 06/24/2016) | |||
| 2016-07-20 | 28 | 0 | NOTICE OF APPEARANCE by Puja Sharma on behalf of Qi Zhong Chen, He Lin, Xue Xiang Yu. (Sharma, Puja) (Entered: 07/20/2016) | |||
| 2016-07-21 | 29 | 0 | FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Puja Sharma dated 7/21/2016. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu.(Xue, Benjamin) (Entered: 07/21/2016) | |||
| 2016-07-22 | 30 | 0 | ORDER granting 29 Letter Motion for Extension of Time to Complete Discovery. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 07/22/2016) | |||
| 2016-07-22 | 31 | 0 | NOTICE OF CHANGE OF ADDRESS by Puja Sharma on behalf of Qi Zhong Chen, He Lin, Xue Xiang Yu. New Address: Xue & Associates, P.C., 1001 Avenue of the Americas, 11th Floor, New York, New York, United States 10018, 2122192275. (Sharma, Puja) (Entered: 07/22/2016) | |||
| 2016-08-19 | 32 | 0 | FIRST LETTER addressed to Judge J. Paul Oetken from Previn A. Waran, Esq. dated 08/19/2016 re: Settlement Conference & Discovery Extension. Document filed by Igor Grinberg, ISG Enterprises Inc..(Waran, Previn) (Entered: 08/19/2016) | |||
| 2016-08-19 | 33 | 0 | LETTER addressed to Judge J. Paul Oetken from Puja Sharma dated 8/19/2016 re: Response to Defendants' Letter. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu.(Xue, Benjamin) (Entered: 08/19/2016) | |||
| 2016-08-22 | 34 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge J. Paul Oetken on 8/22/2016) (rjm) (Entered: 08/23/2016) | |||
| 2016-08-22 | 35 | 0 | MEMO ENDORSEMENT on re: 33 Letter Response to Defendants' Letter, filed by He Lin, Xue Xiang Yu, Qi Zhong Chen. ENDORSEMENT: Plaintiffs' request for an extensions of time to complete discovery is GRANTED. Discovery shall be completed by September 30, 2016. The conference scheduled for September 7, 2016, is adjourned to October 3, 2016, at 10:30 a.m. (Discovery due by 9/30/2016, Case Management Conference set for 10/3/2016 at 10:30 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 8/22/2016) (tro) (Entered: 08/23/2016) | |||
| 2016-08-24 | 36 | 0 | LETTER MOTION for Conference Requesting Settlement Conference addressed to Magistrate Judge James C. Francis IV from Puja Sharma dated 8/24/2016. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu.(Xue, Benjamin) (Entered: 08/24/2016) | |||
| 2016-09-19 | 37 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Previn A. Waran, Esq. and Andrew J. Urgenson, Esq. to Withdraw as Attorney . Document filed by Igor Grinberg, ISG Enterprises Inc. (Waran, Previn) Modified on 10/11/2016 (db). (Entered: 09/19/2016) | |||
| 2016-09-20 | 38 | 0 | NOTICE OF APPEARANCE by Ricky Liang on behalf of Qi Zhong Chen, He Lin, Xue Xiang Yu. (Liang, Ricky) (Entered: 09/20/2016) | |||
| 2016-09-23 | 39 | 0 | ORDER terminating 36 Letter Motion for Conference; granting 37 Motion to Withdraw as Attorney. Oved & Oved LLP seeks to withdraw as counsel for Defendants. (Dkt. No. 37.) The request is GRANTED. Defendants are warned that failure to obtain counsel may result in a default judgment against them. See Grace v. Bank Leumi Trust Co. of NY, 443 F.3d 180, 192 (2d Cir. 2006) (holding that "[i]t is settled law that a corporation may not appear in a lawsuit against it except through an attorney, and that, where a corporation repeatedly fails to appear by counsel, a default judgment may be entered against it pursuant to Rule 55, F[ed]. R. Civ. P." (internal quotation marks and citation omitted)). Defendants shall provide a status update to the Court indicating whether they have retained new counsel by October 14, 2016. All deadlines are hereby stayed for 30 days. As such, discovery shall be due by October 30, 2016. Oved & Oved LLP shall serve a copy of this Order on Defendants by September 28, 2016. The Clerk of Court is directed to close the motions at Docket Numbers 36 and 37. Attorney Previn Ajit Waran; Adam Stewart Katz and Andrew Justin Urgenson terminated. (Signed by Judge J. Paul Oetken on 9/23/2016) (lmb) (Entered: 09/23/2016) | |||
| 2016-09-30 | 40 | 0 | ORDER: The conference scheduled for October 3, 2016, at 10:30 a.m. is adjouned until November 8, 2016, at 12:45 p.m. SO ORDERED., ( Case Management Conference set for 11/8/2016 at 12:45 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 9/30/2016) (ama) (Entered: 09/30/2016) | |||
| 2016-10-19 | 41 | 0 | LETTER addressed to Judge J. Paul Oetken from Igor Grinberg, dated 10/14/16 re: Defendant Igor Grinburg advises the Court that he is having a lot of difficulty obtaining an attorney; and he requests that the Court grant him an extension of time to find one. Document filed by Igor Grinberg.(sc) (Entered: 10/20/2016) | |||
| 2016-10-28 | 42 | 0 | NOTICE OF APPEARANCE by David T. Azrin on behalf of Igor Grinberg, ISG Enterprises Inc.. (Azrin, David) (Entered: 10/28/2016) | |||
| 2016-10-31 | 43 | 0 | LETTER MOTION to Adjourn Conference addressed to Judge J. Paul Oetken from David T. Azrin, Esq. dated October 31, 2016. Document filed by Igor Grinberg, ISG Enterprises Inc.. Return Date set for 11/9/2016 at 12:15 PM.(Azrin, David) (Entered: 10/31/2016) | |||
| 2016-11-01 | 44 | 0 | ORDER granting 43 Letter Motion to Adjourn Conference. GRANTED. THE CONFERENCE SCHEDULED FOR NOVEMBER 9, 2016, IS HEREBY ADJOURNED TO NOVEMBER 23, 2016, AT 12:45 P.M. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 11/01/2016) | |||
| 2016-11-18 | 45 | 0 | SECOND NOTICE of rescheduling of PTC. Due to the Courts trial calendar, the PTC previously rescheduled for Nov. 22nd, 2016, HAS BEEN HEREBY RESCHEDULED to Dec. 2nd, 2016, at 12:30pm, and will be held in courtroom 706, in 40 Foley Sq. Courthouse. (Skolnik, Brandon) (Entered: 11/18/2016) | |||
| 2016-12-05 | 46 | 0 | AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis.SO ORDERED. (Signed by Judge J. Paul Oetken on 12/05/2016) (ama) (Entered: 12/05/2016) | |||
| 2016-12-12 | 47 | 0 | MOTION for Ricky Liang to Withdraw as Attorney . Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu.(Liang, Ricky) (Entered: 12/12/2016) | |||
| 2016-12-13 | 48 | 0 | ORDER granting 47 Motion to Withdraw as Attorney. Attorney Ricky Liang terminated. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 12/13/2016) | |||
| 2017-02-23 | 49 | 0 | ORDER. Counsel for the parties shall appear for a telephone conference on Thursday, March 2, 2017, at 10:30 a.m. (New York time). Parties shall jointly call chambers at (212) 805-0266. SO ORDERED. (Telephone Conference set for 3/2/2017 at 10:30 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 2/23/2017) (rjm) (Entered: 02/23/2017) | |||
| 2017-03-03 | 50 | 0 | ORDER: The Court has been notified that the parties have reached a settlement in this Fair Labor Standards Act case. (Telephone Conference on March 2, 2017, at 10:30 a.m.) The parties are advised that they may not dismiss this action with prejudice unless the settlement agreement has been approved by either the Court or the Department of Labor (DOL). Accordingly, to the extent the parties wish to dismiss this action with prejudice, they must either file a joint letter motion requesting that the Court approve the settlement agreement or, alternatively, provide documentation of the approval by DOL. Any letter motion, along with the settlement agreement, must be filed on the public docket within 30 days of this order. The parties are directed to file a letter or stipulation, in accordance with the instructions above, on or before April 17, 2017. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/02/2017) (ama) (Entered: 03/03/2017) | |||
| 2017-03-10 | 51 | 0 | MOTION for Puja Sharma to Withdraw as Attorney . Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu.(Sharma, Puja) (Entered: 03/10/2017) | |||
| 2017-03-30 | 52 | 0 | ORDER: granting 51 Motion to Withdraw as Attorney. So ordered. Puja Sharma, undersigned counsel, respectfully moves to withdraw as counsel for Plaintiffs XUE XIANG YU, QI ZHONG CHEN, and HE LIN ("Plaintiffs") in the above-captioned matter, as her last day with the law firm of Xue & Associates, P.C. is March 10, 2017. Xue & Associates, P.C. will continue to represent the Plaintiffs in this matter, and no party will be prejudiced if this Motion is granted. WHEREFORE, undersigned counsel and the Plaintiffs respectfully request that this Court permit Puja Sharma to withdraw as counsel for the Plaintiffs in this matter. (Signed by Judge J. Paul Oetken on 3/13/2017) (ap) Modified on 3/30/2017 (ap). (Entered: 03/30/2017) | |||
| 2017-04-17 | 53 | 0 | JOINT LETTER MOTION for Extension of Time to Submit Settlement Agreement addressed to Judge J. Paul Oetken from David T. Azrin, Esq. dated April 17, 2017. Document filed by Igor Grinberg, ISG Enterprises Inc..(Azrin, David) (Entered: 04/17/2017) | |||
| 2017-04-18 | 54 | 0 | ORDER granting 53 Letter Motion for Extension of Time GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 04/18/2017) | |||
| 2017-04-27 | 55 | 0 | LETTER MOTION for Extension of Time to File Settlement Agreement addressed to Judge J. Paul Oetken from David T. Azrin, Esq. dated April 27, 2017. Document filed by Igor Grinberg, ISG Enterprises Inc..(Azrin, David) (Entered: 04/27/2017) | |||
| 2017-04-28 | 56 | 0 | ORDER granting 55 Letter Motion for Extension of Time to File. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 04/28/2017) | |||
| 2017-05-16 | 57 | 0 | CONSENT LETTER MOTION for Extension of Time to File Settlement Papers Under Cheeks addressed to Judge J. Paul Oetken from Benjamin B. Xue dated May 16, 2017. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu.(Xue, Benjamin) (Entered: 05/16/2017) | |||
| 2017-05-17 | 58 | 0 | ORDER granting 57 Letter Motion for Extension of Time to File. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 05/17/2017) | |||
| 2017-05-30 | 59 | 0 | LETTER MOTION for Extension of Time to File Settlement Papers Under Cheeks Through May 31, 2017 (One Day Extension of Time) addressed to Judge J. Paul Oetken from Benjamin B. Xue dated May 30, 2017. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu.(Xue, Benjamin) (Entered: 05/30/2017) | |||
| 2017-05-31 | 60 | 0 | ORDER granting 59 Letter Motion for Extension of Time to File. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 05/31/2017) | |||
| 2017-05-31 | 61 | 0 | LETTER addressed to Judge J. Paul Oetken from Benjamin B. Xue dated May 31, 2017 re: Fairness and Reasonableness of Settlement Agreement under Cheeks. Document filed by Qi Zhong Chen, He Lin, Xue Xiang Yu. (Attachments: # 1 Exhibit Fully Executed Settlement Agreement, # 2 Exhibit Plaintiffs' Attorneys' Time Logs)(Xue, Benjamin) (Entered: 05/31/2017) | |||
| 2017-06-05 | 62 | 0 | ORDER: The Court has been notified that the parties have reached a settlement in this Fair Labor Standards Act ("FLSA") case, and they have submitted a proposed settlement for the Court's approval. (Dkt. No. 61.) The proposed settlement gross settlement amount is $30,000.00. Of that, $10,463.79 is to be collected in attorney's fees and costs. (Id.) Plaintiff Xue Xiang Yu is to be allocated $16,058.76; Plaintiff Qi Zhong Chen is to be allocated $1,289.39; and Plaintiff He Lin is to be allocated $2,188.06. (Id.) The Court has reviewed the terms of the proposed settlement and finds that they are fair and reasonable under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 203, 206 (2d Cir. 2015). To that end, the proposed settlement at Docket Number 61 is approved, and the case is hereby DISMISSED WITH PREJUDICE. The Court shall retain jurisdiction solely to resolve any disputes arising from the settlement agreement and the settlement of this action. The Clerk of Court is directed to close the case. (Signed by Judge J. Paul Oetken on 6/5/2017) (jwh) (Entered: 06/05/2017) | 2017-06-07 11:12:44 | 15c9b8ff07ff3a88c4acda5b0926fcb8262289c8 |