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

Filing 134

DEFAULT JUDGMENT: Accordingly, having considered the Declaration of Ge Qu dated and filed September 7, 2022, (ECF No. 127), the Memorandum of Law in Support of the Motion for Default Judgment, (ECF No. 128), as well as the Summons and Co mplaint previously filed in this action, and Affidavit of Service thereof, it is hereby ORDERED that judgment be entered in Plaintiffs' favor against Defaulting Defendants on all counts of Plaintiff's Complaint as to liability only. (Signed by Judge Andrew L. Carter, Jr on 8/2/2023) (ate)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SHEK MOOI CHONG, on behalf of all others
similarly situated,
Plaintiff,
-against-

16-cv-5591 (ALC)
DEFAULT JUDGMENT

GOLDEN 88 SPOON INC., et al.,
Defendants.
ANDREW L. CARTER, JR., United States District Judge:
Plaintiff Shek Mooi Chong brings this action against Defendants Ying Zheng, “Terry”
Zheng, Golden 88 Spoon Inc., and TJ Prime Inc. (“Defaulting Defendants”) asserting claims
unpaid minimum and overtime wages due under the Fair Labor Standards Act (“FLSA”) and the
New York Labor Law (“NYLL”). (See generally, Compl., ECF No. 1.) After the Defaulting
Defendants failed to participate in this litigation, the Court directed Plaintiff to file a motion for
default judgment against Defaulting Defendants by September 7, 2022 and to serve the motion and
supporting papers on Defaulting Defendants. (ECF No. 121.)
The Clerk of Court issued a Certificate of Default on August 19, 2022. (ECF No. 123.)
Plaintiffs moved for default judgment on September 7, 2022. (ECF No. 126–129.) The Court
entered an Order to Show Cause on May 31, 2023 directing Defendants to show cause in writing
why default judgment should not be entered by April 26, 2023. (ECF No. 130.) Defaulting
Defendants were directed that any opposition to the motion must be filed by June 21, 2023 and
that failure to appear and oppose the motion could result in a default judgment against Defaulting
Defendants. (Id.) To date, Defaulting Defendants have not opposed the motion or otherwise
participated in the action since that time.
Accordingly, having considered the Declaration of Ge Qu dated and filed September 7,

2022, (ECF No. 127), the Memorandum of Law in Support of the Motion for Default Judgment,
(ECF No. 128), as well as the Summons and Complaint previously filed in this action, and
Affidavit of Service thereof, it is hereby ORDERED that judgment be entered in Plaintiffs’ favor
against Defaulting Defendants on all counts of Plaintiff’s Complaint as to liability only.
SO ORDERED.

Dated: August 2, 2023
New York, New York

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

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