Chun Hua Jiang v. Guan Dong House, Inc. et al

Filing 22

ORDER dismissing action with prejudice; denying as moot 8 Melinda Mengqiu Zhang's Motion to Dismiss; denying as moot 15 Guan Dong House, Inc., Gang Yang, and Weina Tian's Motion to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge Howard R. Lloyd on 12/9/2014. (hrllc1, COURT STAFF) (Filed on 12/9/2014)

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*E-Filed: December 9, 2014*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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CHUN HUA JIANG,
Plaintiff,

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v.

No. C14-04253 HRL
ORDER DISMISSING ACTION WITH
PREJUDICE

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GUAN DONG HOUSE, INC.; et al.,
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Defendants.

ORDER DENYING AS MOOT
MELINA MENGQIU ZHANG’S
MOTION TO DISMISS

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ORDER DENYING AS MOOT GUAN
DONG HOUSE, INC., GANG YANG,
AND WEINA TIAN’S MOTION TO
DISMISS

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[Re: Docket Nos. 8, 15]
____________________________________/

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Chun Hua Jiang sues Guan Dong House, Inc., Gang Yang, Weina Tian, and Melinda
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Mengqiu Zhang for failure to pay minimum wage, failure to pay overtime compensation, fraudulent
transfer, illegal immigration practices, conspiracy, and related claims. Guan Dong House, Inc.,

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Gang Yang, and Weina Tian move to dismiss the claims asserted against them. Dkt. No. 15. In
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addition, Zhang moves to dismiss the claim brought against her. Dkt. No. 8. All parties have
expressly consented to having all matters proceed before a magistrate judge.

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On October 16, 2014, Plaintiff filed a letter on the docket that stated: “I have decided to
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withdraw from the lawsuit against my former employer. I have told my lawyer X Young Lai . . . to
drop the lawsuit, but I wasn’t able to reach my lawyer.” Dkt. No. 11. Plaintiff requested that the

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Court “[w]ithdraw and drop my lawsuit against GuanDong House Inc and its associates” and

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“cancel my represent lawyer X Young.” Id. Plaintiff’s attorney, X. Young Lai, has filed a

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declaration stating that he believes the letter is forged. Dkt. No. 18-1.

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A hearing was held on December 9, 2014. Through a Court-certified interpreter, Plaintiff

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testified that Defendants paid him $15,000 in July or August, 2014. Plaintiff retained Attorney Lai

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and brought suit against Defendants after receiving this money. Plaintiff testified that he would like

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to dismiss this action against all Defendants.

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Attorney Lai is relieved from the representation of Plaintiff. This action is dismissed with

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prejudice. This dismissal is without prejudice as to any rights Attorney Lai may have against

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Plaintiff for attorney’s fees. Guan Dong House, Yang, and Tian’s motion to dismiss and Zhang’s

For the Northern District of California

United States District Court

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motion to dismiss are denied as moot.

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IT IS SO ORDERED.

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Dated: December 9, 2014
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C14-04253 HRL Notice will be electronically mailed to:

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Michael David Lee

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Xiaoyong X L Lai

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C14-04253 HRL Notice will be mailed to:

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Melinda Mengqiu Zhang
1046 West Taylor Street
Suite 208
San Jose, CA 95126

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[e-mail]
[e-mail]

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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