Opinion

Chiu v. American Yuexianggui of LI LLC

Court
District Court, E.D. New York
Filed
Sep 30, 2021
Cited by
0 cases
Authority
More cited than 26.6%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

-------------------------------------------------------------X For Online Publication Only

YVONNE CHIU, on behalf of herself and all

other persons similarly situated,

Plaintiff,

ORDER

-against- 18-CV-05091 (JMA) (AKT)

FILED

AMERICAN YUEXIANGGUI OF LI LLC CLERK

d/b/a LOU JOE RESTAURANT and XING MEI

CHEN, 11:44 am, Se  p 30, 2021

U.S. DISTRICT COURT

Defendants. EASTERN DISTRICT OF NEW YORK

-------------------------------------------------------------X LONG ISLAND OFFICE

AZRACK, United States District Judge:

Plaintiff Yvonne Chiu (“Plaintiff”) commenced this action against Defendant American

Yuexianggui of LI LLC d/b/a Lou Joe Restaurant and individual Defendant Xing Mei Chen

(collectively, “Defendants”), pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq.,

and the New York Labor Law. On November 16, 2020, Defendants moved for summary judgment.

(ECF No. 64.) On November 17, 2020, the late Honorable Sandra J. Feuerstein referred

Defendants’ motion to Magistrate Judge A. Kathleen Tomlinson for a Report and

Recommendation (“R&R”). (Electronic Order, Nov. 17, 2020.) This case was reassigned to the

undersigned on June 11, 2021 following the passing of Judge Feuerstein. On July 26, 2021, Judge

Tomlinson issued an R&R recommending that Defendants’ motion for summary judgment be

denied. (ECF No. 72.)

In reviewing a magistrate judge’s report and recommendation, the court must “make a de

novo determination of those portions of the report or . . . recommendations to which

objection[s][are] made.” 28 U.S.C. § 636(b)(1)(C); see also Brown v. Ebert, No. 05–CV–5579,

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2006 WL 3851152, at *2 (S.D.N.Y. Dec. 29, 2006). The court “may accept, reject, or modify, in

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whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. §

636(b)(1)(C). Those portions of an R&R to which there is no specific reasoned objection are

reviewed for clear error. See Pall Corp. v. Entegris, Inc., 249 F.R.D. 48, 51 (E.D.N.Y. 2008).

To date, no objections have been filed to the R&R and the deadline for filing any such

objections has passed.

I have reviewed Judge Tomlinson’s R&R for clear error, and finding none, I adopt the

R&R in its entirety as the opinion of this Court. Accordingly, the Defendants’ motion for summary

judgment is DENIED.

I now turn to the various other outstanding applications before me.

When this case was pending before Judge Feuerstein, all requests to extend the discovery

deadline had to be submitted to her, and not to Magistrate Judge Tomlinson. I hereby grant

Magistrate Judge Tomlinson the authority to grant an extension of the discovery deadline if she

determines that such an extension is appropriate. I am denying, without prejudice, Plaintiff’s

pending motion which seeks reconsideration concerning the discovery deadline and leave to file

an amended complaint. (ECF No. [50].) Plaintiff may renew those requests to Magistrate Judge

Tomlinson in accordance with her individual rules.

Finally, this matter is hereby referred to Magistrate Judge Tomlinson for a settlement

conference in light of the denial of Defendants’ motion for summary judgment.

SO ORDERED.

Dated: September 30, 2021

Central Islip, New York

/s/ (JMA)

JOAN M. AZRACK

UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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