Yu v. Hasaki Restaurant, Inc. et al

Filing 37

OFFER OF JUDGMENT: Pursuant to Rule 68 of the Federal Rules of Civil Procedure, defendants Hasaki Restaurant, Inc., Shuji Yagi, Kunitsugu Nakata, Hashimoto Gen, John Doe and Jane Doe# 1-10 ("defendants") by their attorneys Pechman Law Group PLLC, hereby offer to allow judgment in this action to be taken against it and in favor of plaintiff Mei Xing Yu ("plaintiff"), in the amount of twenty thousand dollars ($20,000) plus reasonable attorneys' fees, costs, and expens es through the date of this offer. The amount paid to plaintiff shall be inclusive of all damages, liquidated damages, and interest. If plaintiff accepts this offer of judgment, no further payment will be due from defendants with respect to this mat ter, or any other matter, and as further set forth in this order. In light of the Second Circuit's decision in this matter, the Clerk of Court is directed to enter judgment consistent with this accepted Offer of Judgment and close the case. (Signed by Judge Jesse M. Furman on 5/4/2020) (jwh)

Case 1:16-cv-06094-JMF Document 37 Filed 05/04/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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MEI XING YU, on behalf of himself and all
others similarly situated,

Plaintiff,
-againstHASAKI RESTAURANT, INC., SHUJI YAGI,
KUNITSUGU NAKATA, HASHIMOTO GEN,
JOHN DOE and JANE DOE# 1-10,

16 Civ. 6094 (JMF)(RLE)
OFFER OF JUDGMENT

Defendants.

-----------------------------------------------------------------------X
Pursuant to Rule 68 of the Federal Rules of Civil Procedure, defendants
Hasaki Restaurant, Inc., Shuji Yagi, Kunitsugu Nakata, Hashimoto Gen, John Doe and
Jane Doe# 1-10 ("defendants") by their attorneys Pechman Law Group PLLC, hereby
offer to allow judgment in this action to be taken against it and in favor of plaintiff Mei
Xing Yu ("plaintiff"), in the amount of twenty thousand dollars ($20,000) plus
reasonable attorneys' fees, costs, and expenses through the date of this offer. The
amount paid to plaintiff shall be inclusive of all damages, liquidated damages, and
interest. If plaintiff accepts this offer of judgment, no further payment will be due from
defendants with respect to this matter, or any other matter.
This Offer of Judgment is made for the purposes specified in Rule 68, and is not
to be construed as an admission that defendant is liable in any manner whatsoever in
this action, or that plaintiff has suffered any damage, or that defendant has in any
manner or way violated any of plaintiff's rights.
Acceptance of this Offer of Judgment will act to dismiss with prejudice all claims
raised by plaintiff in this action.

Case 1:16-cv-06094-JMF Document 37 Filed 05/04/20 Page 2 of 2

If plaintiff does not accept this offer, he may become obligated to pay costs and
attorneys' fees incurred by defendants after the making of this offer.
Defendant's Offer of Judgment, if not accepted in writing within fourteen (14)
days of service, shall be deemed withdrawn, and evidence of it shall not be admissible,
except in a proceeding to determine costs incurred by defendants after the making of
the offer. Dated: New York, New York
November 23, 2016

ouis Pechman
Laura Rodriguez
488 Madison Avenue, 11th Floor
New York, New York 10022
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants
TO: Jian Hang, Esq.
Keli Liu, Esq.
Hang & Associates, PLLC
136-18 39th Avenue, Suite 1003
Flushing, NY 11354
(718)-353-8588
Attorneys for Plaintiff

In light of the Second Circuit's decision in this matter, the Clerk of Court is directed to enter judgment
consistent with this accepted Offer of Judgment and close the case. SO ORDERED.

May 4, 2020

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