Chong et al v. Golden 88 Spoon Inc. et al

Filing 113

ORDER: The order dated April 6, 2021, ECF No. 112, is hereby VACATED. Due to a clerical error, that order listed Defendant Xinju Zheng as lacking counsel. The parties should instead refer to the instant order. The Court is in receipt of the stipul ation of voluntary dismissal as to Defendant Xueqin Zheng's claims. No later than April 13, 2022, the Parties shall file a letter explaining whether this dismissal in this FLSA action is subject to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and, if so, the Parties shall file the requisite fairness letter. Further, it appears that Defendant Yin/Terry Zheng is proceeding pro se. Defendant Yin/Terry Zheng has failed to provide his mailing address, telephone numbe r, and email address. Accordingly, Defendant Yin/Terry Zheng shall do so no later than April 13, 2022. Corporate Defendants, Xueqin Zheng, and Bi Chen have neither retained counsel nor notified the Court that they will represent themselves. Accor dingly, Plaintiff shall inform the Court by April 13, 2022 whether she shall move for default judgment as to those Defendants or dismiss those Defendants. Plaintiff is directed to send this order to pro se defendant Yin/Terry Zheng at [e-mail], the email address provided by his former counsel Zhou Wang. See ECF No. 107. Plaintiff shall file proof of service by April 7, 2022. (Signed by Judge Andrew L. Carter, Jr on 4/11/2022) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

4/11/22

SHEK MOOI CHONG, individually and on
behalf of all other employees similarly situated,
Plaintiff,

16-cv-05591 (ALC)

-against-

ORDER

GOLDEN 88 SPOON INC. ET AL.,
Defendants.
ANDREW L. CARTER, JR., United States District Judge:
The order dated April 6, 2021, ECF No. 112, is hereby VACATED. Due to a clerical error,
that order listed Defendant Xinju Zheng as lacking counsel. The parties should instead refer to the
instant order.
The Court is in receipt of the stipulation of voluntary dismissal as to Defendant Xueqin
Zheng’s claims. No later than April 13, 2022, the Parties shall file a letter explaining whether this
dismissal in this FLSA action is subject to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199
(2d Cir. 2015), and, if so, the Parties shall file the requisite fairness letter.
Further, it appears that Defendant Yin/Terry Zheng is proceeding pro se. Defendant
Yin/Terry Zheng has failed to provide his mailing address, telephone number, and email address.
Accordingly, Defendant Yin/Terry Zheng shall do so no later than April 13, 2022. Corporate
Defendants, Xueqin Zheng, and Bi Chen have neither retained counsel nor notified the Court that
they will represent themselves. Accordingly, Plaintiff shall inform the Court by April 13, 2022
whether she shall move for default judgment as to those Defendants or dismiss those Defendants.
Plaintiff is directed to send this order to pro se defendant Yin/Terry Zheng at
[e-mail], the email address provided by his former counsel Zhou Wang. See ECF
No. 107. Plaintiff shall file proof of service by April 7, 2022.

SO ORDERED.
Dated: April 11, 2022
New York, New York

___________________________________
ANDREW L. CARTER, JR.
United States District Judge

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