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14-1647 - Zhang et al v. Wen Mei Inc. et al


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14-1647 - Zhang et al v. Wen Mei Inc. et al
October 27, 2014
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MEMORANDUM & ORDER granting in part and denying in part 10 Motion to Dismiss for Lack of Jurisdiction; granting 11 Motion for Leave to File Amended Complaint; Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART. It is DENIED insofar as Defendants assert that the Court lacks subject matter jurisdiction or that the Court should decline supplemental jurisdiction, but GRANTED insofar as Defendants assert a failure to state a claim. In addition, however, Plaintiffs' cross-motion to amend is also GRANTED. The Clerk of the Court is directed to docket the PAC at Docket Entry 11-1 as the Amended Complaint. So Ordered by Judge Joanna Seybert on 10/27/2014. C/ECF (Valle, Christine)
October 23, 2015
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AMENDED MEMORANDUM & ORDER replacing Memorandum & Order 96, which is hereby vacated, and granting 24 Motion to Certify FLSA Collective Action for the reasons set forth in the attached order. Plaintiffs' proposed Notice of Pendency and consent forms are approved, see DE [97-1], [97-2], and shall be mailed and posted no later than 11/16/15. Ordered by Magistrate Judge Steven I. Locke on 10/23/2015. (Disbrow, Sandra)
December 21, 2016
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ORDER granting [149, 160, 164, 167]. For the reasons set forth in the attached Memorandum and Order: (1) Plaintiffs' Motion for Leave to Amend the Second Amended Complaint, DE [149, 167], is Granted. On or before January 3, 2017, Plaintiffs are directed to serve and file the Third Amended Complaint; (2) Plaintiffs' Motion for Leave to File Late Consent to Join, DE 160, is Granted. The Consent to Join Lawsuit signed by Plaintiff Hua and attached to Plaintiffs' Motion for Late Consent to Join, DE [160-1], is deemed filed; (3) Plaintiffs' Motion to Compel a Non-Party to Produce Documents, DE 164, is Granted. Plaintiffs are directed to re-serve the subpoena on the non-party by January 3, 2017, indicating that the documents must be produced no later than February 3, 2017; (4) Defendants' Cross-Motion for Sanctions, DE 165, is denied; and (5) the parties' requests for an extension of discovery, DE [166, 169], are Granted. A status conference is set for January 20, 2017 at 10:00 a.m. in Courtroom 820 of the Central Islip courthouse, at which time the Court will issue a Third Amended Scheduling Order. Ordered by Magistrate Judge Steven I. Locke on 12/21/2016. (Cea, Christine)
February 14, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: Judge Lockes R&R (Docket Entry 212) is ADOPTED in its entirety. The motion to dismiss (Docket Entry 199) is GRANTED IN PART and DENIED IN PART. Specifically, the Clerk of the Court is directed to TERMINATE Jie Zhang a/k/a Jimmy Zhang as a plaintiff in this action. Plaintiffsremaining claims will proceed. Plaintiffs motion to certify (Docket Entry 198) is GRANTED as to the modified class: All individuals who were employed or are currently employed by Defendants in any tipped or nontipped non-exempt positions during the six years immediately preceding the initiation of this action up to the date of this decision. Plaintiffs Liu, Lin, and Hseih are appointed as class representatives, and Troy Law PLLC is appointed as class counsel. Additionally, within thirty (30) days of this date of this Memorandum and Order, Plaintiffs shall file a motion for approval of a proposed class notice addressing the issues set forth in Judge Lockes R&R.. Ordered by Judge Joanna Seybert on 2/14/2018. (Bollbach, Jean)