Su et al v. Hailu Asian Bistro Inc. et al

Filing 52

ORDER granting 42 Motion for Default Judgment. On September 16, 2020, Court held a hearing on Plaintiffs' motion for a default judgment solely against the corporate defendant Hailu Asian Bistro, Inc. [ECF #42]. IT IS HEREBY ORDERED that Plaintiffs motion is GRANTED to the following extent. The Court grants judgment in favor of the named Plaintiffs Jian Ou and Jian Bin Lin against defendant Hailu Asian Bistro Inc. on the issue of liability for two years of violations u nder the Fair Labor Standards Act (Count I in the Complaint) and on the issue of liability for the remaining claims in the Complaint. An Inquest is needed to ascertain the amount of damages due to Plaintiffs. IT IS FURTHER ORDERED that on or before October 7, 2020, Plaintiffs must submit documentation to support their calculation of damages and their allegation that Defendants' violations of the Fair Labor Standards Act are willful. (Signed by Judge Mary Kay Vyskocil on 9/16/2020) (mro)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 9/16/2020

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
YU HING SU, et al., on behalf of themselves
and all others similarly situated,
Plaintiffs,

1:17-cv-10243-MKV

-against-

ORDER

HAILU ASIAN BISTRO INC., et al.,
Defendants.
MARY KAY VYSKOCIL, United States District Judge:
On September 16, 2020, Court held a hearing on Plaintiffs’ motion for a default judgment
solely against the corporate defendant Hailu Asian Bistro, Inc. [ECF #42].
IT IS HEREBY ORDERED that Plaintiffs’ motion is GRANTED to the following extent.
The Court grants judgment in favor of the named Plaintiffs Jian Ou and Jian Bin Lin against
defendant Hailu Asian Bistro Inc. on the issue of liability for two years of violations under the
Fair Labor Standards Act (Count I in the Complaint) and on the issue of liability for the
remaining claims in the Complaint. An Inquest is needed to ascertain the amount of damages
due to Plaintiffs.
IT IS FURTHER ORDERED that on or before October 7, 2020, Plaintiffs must submit
documentation to support their calculation of damages and their allegation that Defendants’
violations of the Fair Labor Standards Act are willful.

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IT IS FURTHER ORDERED that on or before October 7, 2020, Plaintiffs must show
cause by filing a letter on ECF why Plaintiff Yu Hing Su’s claims should not be dismissed for
failure to prosecute.

SO ORDERED

Dated: September 16, 2020
New York, New York

_________________________________
MARY KAY VYSKOCIL
United States District Judge

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