Chen et al v. Best Miyako Sushi Corp. et al

Filing 199

ORDER: If plaintiffs wish to pursue their damages claims against the Defaulted Defendants, they shall file all of the proofs of service required by the Court's Scheduling Order no later than November 25, 2019. Plaintiffs shall also serve the Defaulted Defendants with a copy of this Order, and shall file proof of such service no later than November 25, 2019. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 11/18/2019) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SHIQUI CHEN, CHANGREN ZOU, and
WEI SHI, on behalf of themselves and others
similarly situated,
Plaintiffs,

11/18/19
16-CV-2012 (JGK) (BCM)
ORDER

-againstBEST MIYAKO SUSHI CORP. d/b/a
Miyake Sushi, SATORI SUSHI CORP. d/b/a
Miyake Sushi, LOBSTER SUSHI CORP.
d/b/a Miyake Sushi, ZONG HAN ZOU a/k/a
Peter Zou, HIULING CHEUNG, XUE TIAO
CHEN, and FAT HIN CHENG,
Defendants.
BARBARA MOSES, United States Magistrate Judge.
The Court has received and reviewed plaintiffs' Proposed Findings of Fact and
Conclusions of Law, as well as the attachments and exhibits thereto (together, the Proposed
Findings) (Dkt. No. 198). The Proposed Findings do not appear to include the proofs of service
required by paragraphs 2 and 3 of the Court's September 18, 2019 Scheduling Order for
Damages Inquest (Scheduling Order) (Dkt. No. 194), which provided:
2.

Prior to filing their Proposed Findings, plaintiffs shall serve the Proposed
Findings upon each of the Defaulted Defendants by mail at that
defendant's last known addresses, as well as by email, to the extent
known, and shall include with such service all attachments and exhibits to
the Proposed Findings and a copy of this Order. Plaintiffs shall file proof
of such service along with their Proposed Findings.

3.

The Court notes that the docket does not reflect that plaintiffs served all of
the filings they submitted pursuant to Local Civil Rule 55.2(a) and (b) (see
Dkt. Nos. 177, 178), as required by Local Civil Rule 55.2(c). To the extent
they have not done so, plaintiffs shall promptly serve those filings upon
the Defaulted Defendants. Plaintiffs shall also file a proof of such service.
Plaintiffs are reminded that Local Civil Rule 55.2(c) requires them to file
proof of service of "all papers submitted to the Court pursuant to Local
Civil Rule 55.2(a) or (b)" on the Defaulted Defendants.

Notwithstanding these directions, there is no evidence in the record that plaintiffs served
the Defaulted Defendants with (1) their Proposed Findings, (2) their filings "submitted pursuant
to Local Civil Rule 55.2(a) and (b)," or (3) the Court's Scheduling Order.

If plaintiffs wish to pursue their damages claims against the Defaulted Defendants, they
shall file all of the proofs of service required by the Court's Scheduling Order no later than
November 25, 2019.
Plaintiffs shall also serve the Defaulted Defendants with a copy of this Order, and shall
file proof of such service no later than November 25, 2019.
Dated: New York, New York
November 18, 2019
SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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