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Deliverymen Suing Matsu Sushi Got Trial And Mostly Won Now Want Default of Purple Sushi

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Sept 6 – Qiang Lu sued Matsu Sushi of 483 Columbus Avenue in Manhattan for failure to pay overtime and to provide required information "in Chinese, [his] native language."  He and others also sued Purple Sushi.

  On September 24, 2021 U.S. District Court for the Southern District of New York Magistrate Judge Katharine H. Parker held a proceeding. Inner City Press covered it, here. In August 2022 came to trial, as to Matsu Sushi, see below.

  On September 24, 2021, the Law Offices of Vincent S. Wong, for the defendants, asked for an extension of time for discovery, and got it.

Jump cut to August 22, 2022 when the civil trial began before Judge John P. Cronan, to whom the case was reassigned. Inner City Press went and covered it. The questioning was about when a half day was added - in 2015? There were only two other people in the gallery of Courtroom 12D.

On August 23, the redirect examination was doing long. Judge Cronan told plaintiffs' counsel to stay within the scope of the cross examination. On re-cross, the witness acknowledged he had in those days swapped shifts, and couldn't remember which day, no one could. The next witness dramatically identified the defendant, by point and saying, He is wearing black clothing.

On August 24, the defense was questioning a plaintiff why his name did not appear in a handwritten notebook of who got paid, in and before December, 2016. Judge Cronan said to move you, if they had already stipulated to this.

In the docket are dueling emails about stipulations, including an argument to exclude before "the jury will gain no additional clarity... given how squishy his memory of his employment at the 28th Street and 27th Street locations were."

On August 25, defense counsel was asking a witness is someone other than Brother Fa could have substitutes shifts. The plaintiffs' lawyer objected, overrule, then re-phrase. Judge Cronan after the jury left told counsel the charge conference should be Monday, with briefing on the burden on the wage statement claim.

On August 26, Defense counsel with offices on East Broadway and in Sunset Park, Brooklyn wrote in and admitted it has the burden of proof, citing O'Donnell v. Jef Golf Copr, 173 AD3d 1528 [3d Dept 2019].

Plaintiffs' counsel in seeking default against co-defendant Purple Sushi recited that after the August trial, "the jury answered special interrogatories that indicated that the Yami Yami (Purple) defendants were for various periods of time Plaintiffs' employers, filed to pay Plaintiffs minimum wage, overtime and spread of time, and acted with varying levels of good faith." Briefs as to damages were scheduled for September 12, September 28 and October 5 (reply).

  Now Plaintiffs' counsel, at $400 a hour, want default against Yami Yami, and the timing coordinated. Watch this site.

The case is Lu, et al. v. Purple Sushi, Inc. et al., 19-cv-5828 (Cronan)


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