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Ji v. Jling Inc.

Chinese Worker May Testify Remotely by Video, Under FRCP 43, in FLSA Wages Action

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MEMORANDUM AND ORDER

*1 Presently before the Court in this wage and hour litigation, brought pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq. and New York Labor Law (“NYLL”) §190 et seq., for overtime and minimum wage pay and related statutory violations, is Plaintiffs’ motion in limine for the admission into evidence of Plaintiff Junjiang Ji’s (“Ji”) deposition transcripts in lieu of live testimony at trial, or in the alternative to permit him to testify by video from an alternative location, because, since the commencement of this action, Ji has moved to China. See Docket Entries (“DE”) [69-71]. Defendants oppose the motion. See DE [72]. For the reasons set forth below, the motion is granted in part and denied in part. Ji will be permitted to testify at trial by video conference. Plaintiffs will be responsible for making all attendant arrangements so that the testimony may go forward and cover all related*2

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