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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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