| Ooki Sushi Was Sued For Not
Paying Overtime But Got Default Vacated Now
Sanctions Threat
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Sept 10 – Hua Tian delivered
sushi for Ooki Sushi Japanese
Cuisine & Bar on 1575
Third Avenue in Manhattan in
2019 and in 2020 until
February 23. He has alleged
that either overtime nor
minimum wage were
paid.
On August 4 U.S.
District Court for the
Southern District of New York
Judge Gregory H. Woods held a
proceeding. Inner City Press
covered it.
Default judgment
was vacated and denied amid
sworn testimony about sloppy
or fake service of process.
Going forward,
service has been waived and
the time to answer or respond
to the Complaint has been
extended to September 3. For
any motion by the Defendants
for sanctions, Judge Woods
would have to be informed by
August 1, he said.
And he was. On
September 10 Judge Woods held
another proceeding in the
case, and Inner City Press
again covered it.
Things
began rudimentarily, with
Judge Woods asking how the
collective would be defined.
Counsel asked, in the nature
of Abbott and Costello, how to
define definition.
Judge Woods set a
deadline for seeking
conditional certification, and
discovery deadlines mid 2021.
Referring to "Defendants
anticipated motion for
sanctions" -- there was a
description of how service of
process was accomplished --
Judge Woods asked for another
letter, after the 21 day safe
harbor under FRCP 11(c)(2) is
satisfied.
The case is Tian
v. New Ooki Sushi, Inc. et
al., 20-cv-1950 (Woods)
***
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