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Case: Liu v. Donna Karan International, Inc.

1:00-cv-04221 | U.S. District Court for the Southern District of New York

Filed Date: June 7, 2000

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On June 7, 2000, a group of Chinese immigrant garment workers filed a lawsuit against their employers in the U.S. District Court for the Southern District of New York, alleging violations of the Fair Labor Standards Act, 29 U.S.C. § 216(b) and the New York Minimum Wage Act, N.Y. Lab. Law § 650 et seq. Plaintiffs, who were represented by attorneys for the Asian American Legal Defense and Education Fund, alleged that they worked 80 hour, were paid below minimum wage and were not paid overtime. Th…

On June 7, 2000, a group of Chinese immigrant garment workers filed a lawsuit against their employers in the U.S. District Court for the Southern District of New York, alleging violations of the Fair Labor Standards Act, 29 U.S.C. § 216(b) and the New York Minimum Wage Act, N.Y. Lab. Law § 650 et seq. Plaintiffs, who were represented by attorneys for the Asian American Legal Defense and Education Fund, alleged that they worked 80 hour, were paid below minimum wage and were not paid overtime. They sought damages in the form of back pay and liquidated damages. The complaint was amended to seek class action status.

Donna Karan International Incorporated, one of the defendants, moved to dismiss for failure to state a claim, asserting that it was not the employer of the plaintiffs. Plaintiffs maintained that while they were technically employed by the garment factory defendants, as all garments were made for Donna Karan, it should be liable as a joint employer. Donna Karan's motion was denied by District Judge Whitman Knapp on January 2, 2001. Liu v. Donna Karan International Incorporated, 2000 U.S. Dist. LEXIS 18847, *1 (S.D. NY 2001).

Discovery ensued and Donna Karan sought to discover the immigration status of the plaintiff workers. On June 20, 2002, Judge Knapp denied Donna Karan's request on relevancy grounds. Liu v. Donna Karan International Incorporated, 207 F. Supp. 2d 191 (S.D. NY 2002).

Settlement conferences and negotiations followed, which ultimately produced a settlement between plaintiff and the Donna Karan International, Inc. Formal settlement papers were filed with the Court on July 30, 2003.

Following the settlement with Donna Karan, plaintiffs moved for a default judgment against the owners of the garment factories. On January 7, 2004, Magistrate Judge Andrew J. Peck issued a report recommending entry of judgment for plaintiffs against the factory owners, jointly and severally, for damages (including prejudgment interest) of $ 556,577.07, plus $ 20,355.00 in attorneys' fees and $90 in costs. Liu v. Donna Karan International Incorporated, 2004 U.S. Dist. LEXIS 35 (S.D. NY January 7, 2004).

On March 1, 2004, the District Court (Judge Richard J. Howell) accepted and adopted Magistrate Judge Anthony Peck's report and recommendation and entered judgment in favor of plaintiffs. The judgment was amended on July 13 and July 31 of 2006.

The PACER docket reflects that post-judgment activity included efforts by plaintiffs to examine the factory owners under oath, in an attempt to collect the default judgment. It is unclear from the docket whether plaintiffs' default judgment was satisfied.

Summary Authors

Brian Ponton (8/31/2007)

People


Judge(s)

Holwell, Richard J. (New York)

Knapp, Percy Whitman (New York)

Peck, Andrew Jay (New York)

Attorneys(s) for Plaintiff

Kimmerling, Kenneth (New York)

Klein, Adam T. (New York)

Moss, Scott (New York)

Stanley, Marc (New York)

Attorneys(s) for Defendant

Courtney, John (New York)

Hwang, Chi-Yuan (New York)

Massen, Nina (New York)

Judge(s)

Holwell, Richard J. (New York)

Knapp, Percy Whitman (New York)

Peck, Andrew Jay (New York)

Attorneys(s) for Plaintiff

Kimmerling, Kenneth (New York)

Klein, Adam T. (New York)

Moss, Scott (New York)

Stanley, Marc (New York)

Attorneys(s) for Defendant

Courtney, John (New York)

Hwang, Chi-Yuan (New York)

Massen, Nina (New York)

Plevin, Bettina B. (New York)

Documents in the Clearinghouse

Document

1:00-cv-04221

Docket (PACER)

Liu v. Donna Karan International Incorporated

Feb. 28, 2007

Feb. 28, 2007

Docket
18

1:00-cv-04221

Opinion

Liu v. Donna Karan International Incorporated

Jan. 2, 2001

Jan. 2, 2001

Order/Opinion
28

1:00-cv-04221

Opinion

Liu v. Donna Karan International Incorporated

June 11, 2002

June 11, 2002

Order/Opinion
85

1:00-cv-04221

Opinion

Liu v. Jen Chu Fashion Corporation

Jan. 7, 2004

Jan. 7, 2004

Order/Opinion

Docket

Last updated Sept. 6, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 375299. (bm) (Entered: 06/07/2000)

June 7, 2000

June 7, 2000

2

Related case statement filed. (bm) (Entered: 06/07/2000)

June 7, 2000

June 7, 2000

CASE REFERRED TO Judge Whitman Knapp. (bm) (Entered: 06/07/2000)

June 7, 2000

June 7, 2000

3

Affidavit of service as to W & C Fashion Corp., Wong Chai Sportswear, Jen Chu Fashion, Winnie Young Chen, Jen Chu Apparel Inc., Y & C Mfg. Inc., Jen Jen of New York by Calvin Chen on 6/16/00. Answer due on 7/6/00 for W & C Fashion Corp., for Wong Chai Sportswear, for Jen Chu Fashion, for Winnie Young Chen, for Jen Chu Apparel Inc., for Y & C Mfg. Inc., for Jen Jen of New York. (sac) (Entered: 06/22/2000)

June 21, 2000

June 21, 2000

4

Affidavit of service as to Calvin Chen by personal service on 6/16/00. (sac) (Entered: 06/22/2000)

June 21, 2000

June 21, 2000

6

Notice of assignment to Judge Whitman Knapp . Copy of notice and judge's rules mailed to Attorney(s) of record: Scott A. Moss, Adam T. Klein, Stanley Mark, Kenneth Kimerling . (bm) (Entered: 07/10/2000)

June 28, 2000

June 28, 2000

7

Case is designated to Magistrate Judge Andrew J. Peck. (bm) (Entered: 07/10/2000)

June 28, 2000

June 28, 2000

Case accepted as related to 1:99cv 9474. Notice of assignment to follow. (bm) (Entered: 07/10/2000)

June 28, 2000

June 28, 2000

5

AMENDED COMPLAINT by Zeng Liu, Miao Chen, Feng Jiang, Hong Huang, and Xiao Li (Answer due 7/13/00 for Jen Jen of New York, for Winnie Young Chen, for Carvin Chen, for Y & C Mfg. Inc., for Wong Chai Sportswear, for W & C Fashion Corp., for Jen Chu Apparel Inc., for Jen Chu Fashion, and for Donna Karan Intl. ) amending [1-1] complaint against H.L.S. Fashion Corp. (kw) (Entered: 07/05/2000)

June 30, 2000

June 30, 2000

8

RULE 1.9 CERTIFICATE filed by Donna Karan Intl. (kw) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

9

NOTICE OF MOTION by Donna Karan Intl.; for an order, pursuant to FRCP 12(b)(6) dismissing the amended complaint in its entirety, with prejudice . Return date 7/6/00. (kw) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

10

MEMORANDUM OF LAW by Donna Karan Intl. in support of [9-1] motion for an order, pursuant to FRCP 12(b)(6) dismissing the amended complaint in its entirety, with prejudice. (kw) (Entered: 09/01/2000)

Aug. 31, 2000

Aug. 31, 2000

11

STIPULATION and ORDER, reset answer to the amended class action complaint due for 8/31/00 for Donna Karan Intl. ( signed by Judge Whitman Knapp ) (kw) Modified on 09/14/2000 (Entered: 09/14/2000)

Sept. 13, 2000

Sept. 13, 2000

12

ANSWER to Complaint by Jen Chu Fashion, Jen Chu Apparel Inc., W & C Fashion Corp., Wong Chai Sportswear, Y & C Mfg. Inc., Carvin Chen, Winnie Young Chen, Jen Jen of New York, H.L.S. Fashion Corp. (Attorney Chi-Yuan Hwang from the Firm: Chi-Yuan Hwang, Esq.). (lf) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

13

RULE 1.9 CERTIFICATE filed by Jen Chu Fashion, Jen Chu Apparel Inc., W & C Fashion Corp., Wong Chai Sportswear, Y & C Mfg. Inc., Carvin Chen, Winnie Young Chen, Jen Jen of New York, H.L.S. Fashion Corp. (lf) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

14

MEMORANDUM OF LAW by Zeng Liu, Miao Chen, Feng Jiang, Hong Huang, Xiao Li in opposition to [9-1] motion for an order, pursuant to FRCP 12(b)(6) dismissing the amended complaint in its entirety, with prejudice. (lf) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

15

Pltffs' consents purs to Section 216 F.L.S.A. (lam) (Entered: 09/21/2000)

Sept. 18, 2000

Sept. 18, 2000

16

REPLY MEMORANDUM by Donna Karan Intl. re: [9-1] motion for an order, pursuant to FRCP 12(b)(6) dismissing the amended complaint in its entirety, with prejudice (cd) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

Discovery Conference held before Judge Knapp. (lam) (Entered: 11/29/2000)

Oct. 2, 2000

Oct. 2, 2000

17

Consents purs to Section 216 F.L.S.A. (lam) (Entered: 10/11/2000)

Oct. 6, 2000

Oct. 6, 2000

18

MEMORANDUM & ORDER; denying [9-1] motion for an order, pursuant to FRCP 12(b)(6) dismissing the amended complaint in its entirety, with prejudice; ( signed by Judge Whitman Knapp ); Copies mailed. (lf) (Entered: 01/03/2001)

Jan. 2, 2001

Jan. 2, 2001

19

ANSWER to Amended Complaint by Donna Karan Intl. (Attorney Bettina B. Plevan from the Firm: Proskauer Rose LLP). (Received in the night deposit box on 1/17/01 at 6:19 p.m.) (kw) (Entered: 01/25/2001)

Jan. 17, 2001

Jan. 17, 2001

20

Transcript of record of proceedings before Judge Whitman Knapp for the date(s) of 12/5/00 @11:00am. (lam) (Entered: 02/01/2001)

Feb. 1, 2001

Feb. 1, 2001

21

Consent purs to Section 216 F.L.S.A. (lam) (Entered: 03/19/2001)

March 15, 2001

March 15, 2001

22

Consent purs to Section 216 F.L.S.A.; notice is hereby given to all parties that Lee, Kam To, listed on the attached form has opted in to the representative action purs to 29 U.S.C. 216(b) (consented to be a pltff) (lam) (Entered: 04/25/2001)

April 23, 2001

April 23, 2001

23

CONSENT pursuant to Section 216 F.L.S.A. by Wang Qi Kai to be a plaintiff. (kw) (Entered: 05/25/2001)

May 23, 2001

May 23, 2001

24

CONSENT TO Section 216 F.L.S.A. by Yue Ming Peng, individual wishes to opt-in to this action. (sac) (Entered: 08/31/2001)

Aug. 30, 2001

Aug. 30, 2001

25

NOTICE OF MOTION by Zeng Liu, Miao Chen, Feng Jiang, Hong Huang, Xiao Li pursuant to Rules 23 and 15 of the FRCP, for an Order conditionally certifying a Rule 23 class action for plaintiffs' New York Labor Law claims in this action and, for an Order granting plaintiffs leave to file a Second Amended Complaint . Return Date not indicated. (yv) Modified on 05/13/2002 (Entered: 05/10/2002)

May 7, 2002

May 7, 2002

26

MEMORANDUM OF LAW by Zeng Liu, Miao Chen, Feng Jiang, Hong Huang, Xiao Li in support of [25-1] motion pursuant to Rules 23 and 15 of the FRCP, for an Order conditionally certifying a Rule 23 class action for plaintiffs' New York Labor Law claims in this action, [25-2] motion for an Order granting plaintiffs leave to file a Second Amended Complaint . (yv) Modified on 05/13/2002 (Entered: 05/10/2002)

May 7, 2002

May 7, 2002

27

DECLARATION of Kathleen Peratis by Zeng Liu, Miao Chen, Feng Jiang, Hong Huang, Xiao Li in support Re: [25-1] motion pursuant to Rules 23 and 15 of the FRCP, for an Order conditionally certifying a Rule 23 class action for plaintiffs' New York Labor Law claims in this action, [25-2] motion for an Order granting plaintiffs leave to file a Second Amended Complaint. (yv) Modified on 05/13/2002 (Entered: 05/10/2002)

May 7, 2002

May 7, 2002

29

MEMORANDUM OF LAW by Donna Karan Intl. in opposition to [25- 1] motion pursuant to Rules 23 and 15 of the FRCP, for an Order conditionally certifying a Rule 23 class action for plaintiffs' New York Labor Law claims in this action, [25-2] motion for an Order granting plaintiffs leave to file a Second Amended Complaint . (pl) (Entered: 06/17/2002)

June 11, 2002

June 11, 2002

30

DECLARATION of Marc Mandelman by Donna Karan Intl. in support of Re: [25-1] motion pursuant to Rules 23 and 15 of the FRCP, for an Order conditionally certifying a Rule 23 class action for plaintiffs' New York Labor Law claims in this action, [25-2] motion for an Order granting plaintiffs leave to file a Second Amended Complaint . (pl) (Entered: 06/17/2002)

June 11, 2002

June 11, 2002

28

MEMORANDUM & ORDER, that for the reasons set forth, we deny Donna Karan's request to discover plaintiffs' immigration status at this time. If it appears at some later juncture that such discovery would be relevant, and more relevant than harmful, Donna Karan may seek leave to renew this request . ( signed by Judge Whitman Knapp ); Copies mailed. (tp) (Entered: 06/14/2002)

June 12, 2002

June 12, 2002

31

Letter filed by Zeng Liu, Miao Chen, Feng Jiang, Hong Huang, Xiao Li addressed to Judge Knapp' from Adam T. Klein, dated 05/30/02, re: Letter from plaintiffs in opposition to deft. Donna Karan's request for discovery relating to Plaintiff Immigration status. (dc) Modified on 06/18/2002 (Entered: 06/18/2002)

June 14, 2002

June 14, 2002

32

Letter filed by Donna Karan Intl. addressed to Judge Knapp from Bettina B. Plevan, dated 05/24/02, re: Requesting discovery relating to Plaintiff immigration status. (dc) (Entered: 06/18/2002)

June 14, 2002

June 14, 2002

33

ORDER (Duplicate Original), that for the reasons set forth, the Court denies Donna Karan's request to discover plaintiffs' immigration status at this time. If it appears at some later juncture that such discovery would be relevant, and more relevant than harmful, Donna Karan may seek leave to renew this this request . ( signed by Judge Whitman Knapp ); Copies mailed. (tp) (Entered: 06/24/2002)

June 20, 2002

June 20, 2002

34

Memo-Endorsement on letter addressed to Judge Knapp from Kathleen Peratis, dated 6/20/02, re plntfs motion for class certification: we hereby withdraw that portion of the motion requesting leave to file an amended complaint ( signed by Judge Whitman Knapp ); Copies mailed. (cd) (Entered: 07/02/2002)

June 28, 2002

June 28, 2002

35

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/After Initial Case Management Conference held by District Judge, and Dispositive Motion (i.e., motion requireing a R&R). Referred to Magistrate Judge Andrew J. Peck. ( signed by Judge Whitman Knapp ) (tp) (Entered: 03/18/2003)

March 14, 2003

March 14, 2003

36

ORDER; a status conference is scheduled for 3/31/03 at 3:00 p.m. before Mag. Judge Peck in Courtroom 20D (500 Pearl St.) ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by Chamber (sac) (Entered: 03/26/2003)

March 26, 2003

March 26, 2003

37

Memorandum to Docket Clerk: Settlement conference held on 3/31/03. (ph) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

Settlement Conference held on 3/31/03 before Magistrate Judge Andrew J. Peck. (ph) (Entered: 04/01/2003)

March 31, 2003

March 31, 2003

38

ORDER, A settlement conference is scheduled for 10:30 a.m. on 4/15/03, before Magistrate Judge Peck in Courtroom 20D, 500 Pearl Street . ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by Chambers. (tp) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

39

ORDER RESCHEDULING SETTLEMENT CONFERENCE, the settlement conference is rescheduled for 2:00 p.m. on 4/7/03, before Magistrate Judge Andrew J. Peck in Courtroom 20D, 500 Pearl Street. On or before 4:00 p.m. on Friday, 4/4/04 counsel shall fax (212) 805- 7933 a confidential settlement memorandum to my chambers . ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by Chambers. (tp) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

41

Memorandum to Docket Clerk:, Settlement conference held 4/7/03 . (ac) (Entered: 04/10/2003)

April 7, 2003

April 7, 2003

Settlement Conference held before Magistrate Judge Andrew J. Peck . (ac) (Entered: 04/10/2003)

April 7, 2003

April 7, 2003

40

RULE 16 SCHEDULING ORDER: All fact discovery must be completed by 7/15/03. All expert discovery must be completed by 8/15/03. Plaintiffs' class certification motion is due by 7/1/03. Defendants' opposition papers are due by 7/18/03 and plaintiffs' reply papers are due 7/25/03. A status conference will be held before Mag. Judge Peck on 5/6/03 at 2:00 p.m. in Courtroom 20D (500 Pearl Street). ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by Chambers. (sb) (Entered: 04/09/2003)

April 8, 2003

April 8, 2003

42

Memo-Endorsement on letter addressed to Judge Peck from Marc A. Mendelman, dated 4/9/03. Re: requested that Donna Karan International Inc. "DKI" be granted an additional week, until 4/22/03, to report back to the Court regarding settlement. Applicaiton granted . ( signed by Magistrate Judge Andrew J. Peck ); Copies Faxed by Chambers. (db) (Entered: 04/15/2003)

April 11, 2003

April 11, 2003

43

ORDER, set settlement conference for 2:00 5/14/03 in Courtroom 20D, 500 Pearl Street . ( signed by Magistrate Judge Andrew J. Peck ); (ae) (Entered: 05/05/2003)

April 29, 2003

April 29, 2003

44

Memorandum to Docket Clerk: A settlement conference was held via telephone on 5/7/03 before Judge Peck. (moc) (Entered: 05/16/2003)

May 7, 2003

May 7, 2003

Settlement Conference held before Magistrate Judge Andrew J. Peck via telephone. (moc) (Entered: 05/16/2003)

May 7, 2003

May 7, 2003

45

Memorandum to Docket Clerk: settlement conference held (cd) (Entered: 05/16/2003)

May 14, 2003

May 14, 2003

Settlement Conference held before Magistrate Judge Andrew J. Peck (cd) (Entered: 05/16/2003)

May 14, 2003

May 14, 2003

46

Memo-Endorsement on letter addressed to Judge Peck from John J. Courtney, dated 5/30/03. Mr. Courtney's next Status report due on 6/14/03 . ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by chambers. (kw) Modified on 06/05/2003 (Entered: 06/05/2003)

June 3, 2003

June 3, 2003

47

ORDER, the parties shall report in writing about the status of settlement discussions by 6/17/03 . ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by chambers. (kw) (Entered: 06/07/2003)

June 5, 2003

June 5, 2003

48

ORDER, The next status report on settlement is due 7/1/03. The Court warns Mr. Courtney that if he does not make progess in contacting his client, the Court will consider whether sanctions (including possibly a default) are appropriate . ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by Chambers. (sb) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

49

ORDER, by 7/18/03, plaintiffs and the Donna Karan defendants are to submit a final executed settlement agreement, and are to report on their anticipated next step in the litigation against the non-settling Chen defendants . ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by chambers. (kw) (Entered: 07/02/2003)

July 1, 2003

July 1, 2003

50

ORDER; In light of the pending settlment between plaintiffs and certain defendants, all pending motions (including Dkt. No. 25) are deemed withdrawn without prejudice . ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by Chambers. (jco) (Entered: 07/16/2003)

July 15, 2003

July 15, 2003

51

Memorandum to Docket Clerk:, Settlement conference held via telephone on 7/17/03 . (ac) (Entered: 07/28/2003)

July 17, 2003

July 17, 2003

Settlement Conference held before Magistrate Judge Andrew J. Peck via telephone. (ac) (Entered: 07/28/2003)

July 17, 2003

July 17, 2003

52

Notice of Case reassignment to Judge Jed S. Rakoff . Copy of notice and judge's rules mailed to Attorney(s) of record: Chi-Yuan Hwang, Bettina B. Plevan, Scott A. Moss, Adam T. Klein, Stanley Mark, Kenneth Kimerling . (laq) (Entered: 07/31/2003)

July 29, 2003

July 29, 2003

53

STIPULATION and CONSENT ORDER, plntfs' claims against DKI are hereby dismissed with prejudice and without costs to either party ( signed by Judge Whitman Knapp ) (cd) (Entered: 08/01/2003)

July 30, 2003

July 30, 2003

54

Memorandum to Docket Clerk: Status Conference held on 7/31/03. (jw) (Entered: 08/01/2003)

July 31, 2003

July 31, 2003

55

ORDER; that a status conference is scheduled for 9:00 a.m. on 7/31/03, in courtroom 20D, 500 Pearl Street . ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by Chambers. (jco) (Entered: 08/04/2003)

July 31, 2003

July 31, 2003

Status Conference held before Magistrate Judge Andrew J. Peck . (jw) (Entered: 08/01/2003)

July 31, 2003

July 31, 2003

57

Memo-Endorsement on letter addressed to Judge Peck from Calvin Chen, dated 8/18/03. Mr. Courtney is to provide the Court with an address, fax number and telephone number for Mr. Chen. Mr. Chen is to appear for the 9/3/03 conf. Corporations cannot appear pro se. Mr. Chen is to arrange counsel for the corporations by 9/16/03 or plaintiffs can move for default, which will be granted. Mr. Courtney is to served this by fax on Mr. Chen today. His withdrawal is approved . ( signed by Magistrate Judge Andrew J. Peck ); Copies faxed by chambers. (kw) (Entered: 09/09/2003)

Sept. 3, 2003

Sept. 3, 2003

58

ORDER TO SHOW CAUSE by Zeng Liu, Miao Chen, Feng Jiang, Hong Huang, Xiao Li Show Cause Hearing set for 10:00 10/8/03; for default judgment as to defts Jen Chu Fashion, Jen Chu Apparel, W&C Fashion, Wong Chai Sportswear, Y & C Mfg, Jen Jen of NY, and Calvin Chen ( signed by Magistrate Judge Andrew J. Peck ); copies sent by Chambers (cd) (Entered: 09/25/2003)

Sept. 24, 2003

Sept. 24, 2003

59

CERTIFICATE OF SERVICE of OSC & supporting papers as to Jen Chu Fashion, Jen Chu Apparel Inc., W & C Fashion Corp., Wong Chai Sportswear, Y & C Mfg. Inc., Jen Jen of New York by fax & mail on 9/23/03 . (moc) (Entered: 09/30/2003)

Sept. 26, 2003

Sept. 26, 2003

60

PRE TRIAL MEMORANDUM OF LAW by Zeng Liu, Miao Chen, Feng Jiang, Hong Huang, Xiao Li. (dle) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

Telephone Conference held before Judge Jed S. Rakoff . (cd) (Entered: 10/08/2003)

Oct. 1, 2003

Oct. 1, 2003

61

Transcript of record of proceedings before Magistrate Judge Andrew J. Peck for the date(s) of 7/31/03. (tr) (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

PRETRIAL CONFERENCE held on 10/8/03 before Magistrate Judge Andrew J. Peck. Re: order to show cause held on October 8, 2003. Judge's Decision: Mr. Chen did not appear. A default should be entered against him and his companies. (ph) Modified on 10/28/2003 (Entered: 10/28/2003)

Oct. 8, 2003

Oct. 8, 2003

62

Order that case be referred to the Clerk of Court for assignment to Magistrate Judge Peck for Inquest After Default/Damages Hearing. ( signed by Judge Jed S. Rakoff ) (tp) (Entered: 10/14/2003)

Oct. 10, 2003

Oct. 10, 2003

63

AFFIDAVIT of John J. Courtney former counsel for Carvin Chen. (sb) (Entered: 10/15/2003)

Oct. 10, 2003

Oct. 10, 2003

66

CERTIFICATE OF SERVICE of 10/8 Hearing Transcript as to defts, by fax on 10/9/03 . (cd) (Entered: 10/21/2003)

Oct. 14, 2003

Oct. 14, 2003

64

ENTRY OF DEFAULT/ORDER, granting [58-1] motion for default judgment as to defts Jen Chu Fashion, Jen Chu Apparel, W&C Fashion, Wong Chai Sportswear, Y & C Mfg, Jen Jen of NY, and Calvin Chen. ( signed by Judge Jed S. Rakoff ); (kw) (Entered: 10/20/2003)

Oct. 16, 2003

Oct. 16, 2003

65

Memo-Endorsement on letter addressed to Judge Peck from John Courtney, dated 10/16/03, extension of papers to 10/24. If Mr. Courtney cannot keep track of his client's location, the court may not grant him permission to withdraw ( signed by Magistrate Judge Andrew J. Peck ); copies sent by Chambers (cd) (Entered: 10/20/2003)

Oct. 17, 2003

Oct. 17, 2003

68

ORDER; the Court denies Mr. Courtney's application to withdraw as counsel. The might reconsider if Mr. Courtney finds his client and scheduled an appearance before the Court with him and his client, long before plaintiffs' 11/25/03 deadline to file inquest motion papers . ( signed by Magistrate Judge Andrew J. Peck ); copies faxed by chambers. (pl) (Entered: 11/05/2003)

Nov. 3, 2003

Nov. 3, 2003

67

Transcript of record of proceedings before Magistrate Judge Andrew J. Peck for the date(s) of 9/3/03. (df) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

69

Notice of Case reassignment to Judge Richard J. Holwell . Copy of notice and judge's rules mailed to Attorney(s) of record: Chi-Yuan Hwang, Bettina B. Plevan, Scott A. Moss, Adam T. Klein, Stanley Mark, Kenneth Kimerling . (laq) (Entered: 11/13/2003)

Nov. 6, 2003

Nov. 6, 2003

70

Memo-Endorsement on letter addressed to Magistrate Judge Andrew J. Peck from Kenneth Kimerling, dated 11/7/03; Plaintiffs' Inquest papers are extended to 12/12/03; Defendants' opp. papers due 12/31. Mr. Kimerling should draft his papers as if Mrs. Chen and her company were in default. Mr. Courtney can file opp. papers for Mrs. Chen if he has not been allowed to withdraw. ( signed by Magistrate Judge Andrew J. Peck ); Copies Faxed by Chamber (sac) (Entered: 11/15/2003)

Nov. 13, 2003

Nov. 13, 2003

Received returned mail re: [69] Notice of Case Assignment/Reassignment. Mail was addressed to Scott A. Moss, Esq. of Outten & Golden, L.L.P. at 1740 Broadway, 25th Floor, New York, NY 10019 and was returned for the following reason(s): address unknown. (laq, ) (Entered: 12/10/2003)

Nov. 24, 2003

Nov. 24, 2003

71

Letter addressed to Judge Peck from John Courtney dated 11/26/03 re: to be removed as attorney for Winnie Chen and HLS Fashions. Document filed by Winnie Young Chen, H.L.S. Fashion Corp..(cd, ) (Entered: 12/10/2003)

Dec. 1, 2003

Dec. 1, 2003

74

RULE 56.1 STATEMENT. Document filed by Miao Chen, Hong Huang, Feng Jiang, Xiao Li, Zeng Liu. (Wilson, Richard). Document ordered sealed on 1/7/04 by Magistrate Peck. Modified on 3/5/2004 (wv, ). (Entered: 01/02/2004)

Dec. 15, 2003

Dec. 15, 2003

75

MEMORANDUM OF LAW in Support re: [73] MOTION for Default Judgment against defendants Jen Chu Fashions Corp., Jen Chu Apparel Inc., W & CFashion Corp., Wong Chai Sportswear Inc., Y & C Mfg. Inc., Jen Jen of New York Inc. and Calvin Chen. Document filed by Miao Chen, Hong Huang, Feng Jiang, Xiao Li, Zeng Liu. (Wilson, Richard) (Entered: 01/02/2004)

Dec. 15, 2003

Dec. 15, 2003

76

AFFIRMATION of KENNETH KIMERLING in Support OF AN AWARD OF ATTORNEY'S FEES AND COSTS re: [73] MOTION for Default Judgment as to.. Document filed by Miao Chen, Hong Huang, Feng Jiang, Xiao Li, Zeng Liu. (Wilson, Richard) (Entered: 01/02/2004)

Dec. 15, 2003

Dec. 15, 2003

77

DECLARATION of KENNETH KIMERLING in Support re: [73] MOTION for Default Judgment as to.. Document filed by Miao Chen, Hong Huang, Feng Jiang, Xiao Li, Zeng Liu. (Wilson, Richard). Document ordered sealed on 1/7/04 by Magistrate Peck.Modified on 3/5/2004 (wv, ). Modified on 3/5/2004 (wv, ). (Entered: 01/02/2004)

Dec. 15, 2003

Dec. 15, 2003

72

TRANSCRIPT of proceedings held on 10/8/03 before Judge Andrew J. Peck.(pr, ) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

80

ORDER; a status conference is scheduled for 12/22/03 at 3:30 p.m. before the undersigned in Courtroom 20D (500 Pearl Street) (Signed by Judge Andrew J. Peck on 12/19/03) Copies Faxed by Chambers.(djc, ) (Entered: 01/07/2004)

Dec. 19, 2003

Dec. 19, 2003

81

ORDER; Plaintifffs' inquest papers do not address whether the plaintiffs' settlement with defendant Donna Karen has, or should have, any effect on the default judgment in this action against the Calvin Chen defendants and the Winnie Chen defendants. Plaintiffs and defendants are to simultaneously address this issue by 12/31/03. Plaintiffs request prejudgment interest on their state law claims, but do not calculate such interest. Plaintiffs are to withdraw their claim for prejudgment interest or supply reasonable interest calculations for each plaintiff by 12/31/03. Unless Mr. Courtney has "found" his lost client, or in any event intends to oppose the plaintiffs' motion for an inquest/summary judgment, the Court is inclined to allow Mr. Courtney to withdraw and have a default judgment entered against the Wimmie Chen defendants as well as the already in default Clavin Chen defendants. Mr. Courtney is to advise the Court of his position by 12/22/03. The Court intends to issue its report and recommendation on the inquest in early January 2004. (Signed by Judge Andrew J. Peck on 12/18/03) Copies Faxed By Chambers.(sb, ) (Entered: 01/08/2004)

Dec. 19, 2003

Dec. 19, 2003

79

Letter addressed to Judge Andrew J. Peck from Kenneth Kimerling dated 12/18/03 re: attached correction to page two (2) of Exhibit C, a cumulative damage chart which had been improperly formatted. Document filed by Miao Chen, Hong Huang, Feng Jiang, Xiao Li, Zeng Liu.(db, ) (Entered: 01/07/2004)

Dec. 22, 2003

Dec. 22, 2003

Minute Entry for proceedings held before Judge Andrew J. Peck : Status Conference held on 12/22/2003. (jeh, ) (Entered: 01/15/2004)

Dec. 22, 2003

Dec. 22, 2003

82

ENDORSED LETTER addressed to Judge Peck from John Courtney dated 12/22/03 re: Mr. Courtney is excused from today's conference. (Signed by Judge Andrew J. Peck on 12/22/03) copies sent by chambers. (cd, ) (Entered: 01/12/2004)

Dec. 23, 2003

Dec. 23, 2003

83

ENDORSED LETTER addressed to Mag. Judge Peck from John J. Courtney, dated 12/20/03; re: Granting [71] Letter filed by firm of John J. Courtney, Esq., to withdraw as counsel of record for Winnie Young Chen, H.L.S. Fashion Corp; (Signed by Judge Andrew J. Peck on 12/22/03) Copies Faxed by Chambers.(djc, ) (Entered: 01/13/2004)

Dec. 23, 2003

Dec. 23, 2003

84

ORDER TO PLACE CERTAIN FILINGS UNDER SEAL; Plaintiffs' Rule 56.1 Statement of Facts Not in Dispute and the Declaration of Kenneth Kimerling filed on 12/12/03 is placed under seal by the Clerk of the Court and that plaintiffs file redacted versions of those documents. Plaintiffs' filings to be made on or about 12/31/03 to be entitled "Supplemental Declaration of Kenneth Kimerling" shall be filed under seal by the Clerk of the Court. (Signed by Judge Andrew J. Peck on 1/5/04) Copies Faxed By Chambers.(sac, ) (Entered: 01/15/2004)

Jan. 7, 2004

Jan. 7, 2004

85

REPORT AND RECOMMENDATIONS; For the reasons set forth in the report and recommendation, the Court should enter judgment for plaintiffs against the Calvin Chen defendants and the Winnie Chen defendants, jointly and severally, for damages (including prejudgment interest) of $556,577.07, plus $20,355 in attorneys' fees and $90 in costs. Objections to R&R due by 1/19/2004. (Signed by Judge Andrew J. Peck on 1/7/04) Copies Mailed By Chambers.(sb, ) (Entered: 01/20/2004)

Jan. 7, 2004

Jan. 7, 2004

CASE NO LONGER REFERRED to Magistrate Judge Andrew J. Peck. (rag, ) (Entered: 01/08/2004)

Jan. 7, 2004

Jan. 7, 2004

86

RULE 56.1 STATEMENT.(Redacted Version) (NDB) Document filed by Miao Chen, Feng Jiang, Xiao Li, Zeng Liu. (pa, ) (Entered: 01/26/2004)

Jan. 15, 2004

Jan. 15, 2004

87

DECLARATION of Kenneth Kimerling in Support of Pltffs Damages Inquest against Defaulting Defts &/or for Summ. Judgt Against Non- Defaulting Defts. (Redacted Version) (NDB). Document filed by Miao Chen, Hong Huang, Feng Jiang, Xiao Li, Zeng Liu. (pa, ) (Entered: 01/26/2004)

Jan. 15, 2004

Jan. 15, 2004

88

TRANSCRIPT of proceedings held on 12/22/03 before Judge Andrew J. Peck.(rg, ) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

89

ORDER; that the Court finds that no clear error appears on the face of the record and hereby adopts the Report. The Clerk is directed to close this case and enter judgment against defendants. (Signed by Judge Richard J. Holwell on 2/25/04) (pl, ) (Entered: 02/27/2004)

Feb. 26, 2004

Feb. 26, 2004

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Labor Rights

Key Dates

Filing Date: June 7, 2000

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Chinese immigrant garment workers employed by factories in New York and denied minimum wage and overtime pay.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Y & C Mfg. Incorporated, Private Entity/Person

Jen Jen of New York Incorporated, Private Entity/Person

Donna Karan International Incorporated, Private Entity/Person

Jen Chu Fashion Corporation, Private Entity/Person

Jen Chu Apparel Incorporated, Private Entity/Person

W & C Fashion Corporation, Private Entity/Person

Wong Chai Sportswear Incorporated, Private Entity/Person

H.L.S. Fashion Corporation, Private Entity/Person

Case Details

Causes of Action:

State law

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Order Duration: 2004 - 0

Issues

Immigration/Border:

Employer sanctions

Employment