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

Filing 54

ORDER: IT IS HEREBY ORDERED that the claims of Plaintiff Yu Hing Su are dismissed without prejudice for failure to prosecute. By separate order today, the Court will refer this case to the designated Magistrate Judge, Debra C. Freeman, for an inquest hearing regarding the two remaining Plaintiffs' damages.SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/16/2020) (ama)

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Case 1:17-cv-10243-MKV-DCF Document 54 Filed 12/16/20 Page 1 of 1 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 12/16/2020 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 No. 42]. Following that hearing, the Court granted Plaintiffs’ motion in favor of two named Plaintiffs on the issue of liability only. The Court ordered that Plaintiffs provide additional support for their damage calculations and to show cause why the claims of Plaintiff Yu Hing Su should not be dismissed for failure to prosecute. Plaintiffs subsequently filed an affidavit of counsel providing additional information [ECF No. 53]. Accordingly, IT IS HEREBY ORDERED that the claims of Plaintiff Yu Hing Su are dismissed without prejudice for failure to prosecute. By separate order today, the Court will refer this case to the designated Magistrate Judge, Debra C. Freeman, for an inquest hearing regarding the two remaining Plaintiffs’ damages. SO ORDERED Dated: December 16, 2020 New York, New York _________________________________ MARY KAY VYSKOCIL United States District Judge 1

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