X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM-DECISION AND ORDERI. INTRODUCTION  On February 9, 2017, Plaintiff Xue Hui Zhang filed the complaint in this putative class action against Defendants Ichiban Group, LLC, Ichiban Food Services, Inc., Chen & Ju, Inc., David Ip, Shiow Fei Ju, Shin Shii Ju, Chwon Tzu Ju, Liping Ju, and Tyng Quh Ju. See Dkt. No. 1. Plaintiff alleges multiple violations of the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). See id. at

70-120. Presently before the Court are Plaintiff’s motion for leave to file an amended complaint and Defendants’ motion to dismiss for lack of service. See Dkt. Nos. 45, 57. Additionally, on July 2, 2018, counsel for Defendant Chen & Ju, Inc., filed a letter brief notifying the Court that Chen & Ju, Inc., has filed for bankruptcy and that the action must therefore be stayed. See Dkt. 59. For the following reasons, Defendants’ motion to dismiss is granted, Plaintiff’s motion to amend is granted in part and denied in part, and the action is stayed as to Chen & Ju, Inc.II. BACKGROUNDThe Court presumes the parties’ familiarity with the background of this case, as detailed in the December 1, 2017 Memorandum-Decision and Order (“December Order”). See Dkt. No. 8. Defendants previously filed a motion to dismiss, which was granted in part and denied in part. See Dkt. No. 18 at 16-17. The Court dismissed counts nine and ten of the complaint — Plaintiff’s claims under 26 U.S.C. §7434 and NYLL §162. See id. at 16. Defendants’ motion to dismiss was denied as to all other claims. See id. But the Court found that service was not proper as to Defendants David Ip, Shiow Fei Ju, Shin Shii Ju, and Chwon Tzu Ju, and the Court granted Plaintiff a thirty-day extension to re-serve those Defendants. See id. Plaintiff filed affidavits of service within the prescribed time. See Dkt. No. 25.Plaintiff also seeks to amend the complaint to include allegations relating to Yue Hua Chen (“Ms. Chen”) and Gui Yong Zhang (“G.Y. Zhang”). See Dkt. No. 49 at 1. Plaintiff alleges that Ms. Chen worked as a waitress at a restaurant owned by Defendants. See id. at65. From November 1, 2009 until December 31, 2015, Ms. Chen worked approximately 72.5 hours per week at the restaurant. See id. at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

Wisniewski & Associates, LLC seeks attorney licensed in NJ and NY with 2-5 years experience for its multi-state real estate, land use, ...


Apply Now ›

Labor Relations CounselUS-GA-AtlantaJob ID: 2024-0042Type: 4 (Exempt, Bargaining Unit 1 (EB)# of Openings: 1Category: Contract Administratio...


Apply Now ›

ASSISTANT FEDERAL PUBLIC DEFENDERS Two posi...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›