Case Details

CourtSouthern District of New York
Docket number1:05-cv-08560
Date case filed2005-10-05
Date case closed2007-05-03
Date of latest filing2010-05-07
Assigned toJudge George B. Daniels
Case cause29:201 Fair Labor Standards Act
Nature of suit710 Labor: Fair Standards
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: Do Yea Kim
Party type: Counter Claimant
Attorney name: Amir Weinberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Moses Silverman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven Kyung Choi
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Zhi Lin
Party type: Counter Claimant
Attorney name: Amir Weinberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Moses Silverman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven Kyung Choi
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Jenny Thiem
Party type: Counter Claimant
Attorney name: Amir Weinberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Moses Silverman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven Kyung Choi
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: 167 Nail Plaza, Inc.
Party type: Counter Defendant
Party: Sixty Eight Nail Plaza Inc.
Party type: Counter Defendant
Party: Dong Rim Park
Party type: Counter Defendant
Attorney name: Dong Rim Park
Attorney Contact:
116 Dean Drive Apt #1
Tenafly, NJ 07670
PRO SE
Party: Mou San Rim
Party type: Counter Defendant
Attorney name: Mou San Rim
Attorney Contact:
116 Dean Drive Apt #1
Tenafly, NJ 07670
PRO SE
Party: 167 Nail Plaza, Inc.
Party type: Counter Claimant
Party: Sixty Eight Nail Plaza Inc.
Party type: Counter Claimant
Party: Dong Rim Park
Party type: Counter Claimant
Party: Mou San Rim
Party type: Counter Claimant
Party: Do Yea Kim
Party type: Counter Defendant
Attorney name: Steven Kyung Choi
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Do Yea Kim
Party type: Counter Claimant
Attorney name: Amir Weinberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Moses Silverman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven Kyung Choi
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: 167 Nail Plaza, Inc.
Party type: Counter Claimant
Party: Sixty Eight Nail Plaza Inc.
Party type: Counter Claimant
Party: Dong Rim Park
Party type: Counter Claimant
Party: Mou San Rim
Party type: Counter Claimant
Party: Zhi Lin
Party type: Counter Claimant
Attorney name: Amir Weinberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Moses Silverman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven Kyung Choi
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Jenny Thiem
Party type: Counter Claimant
Attorney name: Amir Weinberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Moses Silverman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven Kyung Choi
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: 167 Nail Plaza, Inc.
Party type: Counter Defendant
Party: Sixty Eight Nail Plaza Inc.
Party type: Counter Defendant
Party: Dong Rim Park
Party type: Counter Defendant
Party: Mou San Rim
Party type: Counter Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12005-10-05 ComplaintCOMPLAINT against 167 Nail Plaza, Inc., Sixty Eight Nail Plaza Inc., Dong Rim Park, Mou San Rim. (Filing Fee $ 250.00, Receipt Number 557254)Document filed by Do Yea Kim, Zhi Lin.(jbe, ) Additional attachment(s) added on 10/11/2005 (lb, ). (Entered: 10/06/2005)
22005-11-16 Order for Initial Pretrial ConferenceORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference is set for 1/5/2006 at 9:30 AM in Courtroom 618, 40 Foley Square before Judge George B. Daniels. (Signed by Judge George B. Daniels on 10/7/05) (kco, ) (Entered: 11/17/2005)
32006-01-03 Motion for Extension of TimeFIRST MOTION for Extension of Time for Adjournment of Initial Pretrial Conference. Document filed by Do Yea Kim, Zhi Lin. (Choi, Steven) (Entered: 01/03/2006)
42006-01-05 Endorsed LetterENDORSED LETTER addressed to Judge George B. Daniels from Steven Choi dated 1/3/06 re: Application GRANTED. The 1/6/06 initial pretrial conference is adjourned. (Signed by Judge George B. Daniels on 1/5/06) (db, ) (Entered: 01/05/2006)
52006-05-25 Answer to ComplaintANSWER to Complaint., COUNTERCLAIM against Do Yea Kim. Document filed by 167 Nail Plaza, Inc., Sixty Eight Nail Plaza Inc., Dong Rim Park, Mou San Rim.(mbe, ) (Entered: 05/25/2006)
62006-07-31 Motion for Extension of TimeFILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for Extension of Time for Adjournment of Status Conference (LETTER). Document filed by Do Yea Kim, Do Yea Kim, Zhi Lin. (Choi, Steven) Modified on 8/1/2006 (kg). (Entered: 07/31/2006)
72006-08-02 Endorsed LetterENDORSED LETTER addressed to Judge George B. Daniels from Steven Choi dated 7/31/06 re: a request for an adjournment of the status conference. ENDORSEMENT: The conference is adjourned to 11/16/06 at 9:45 a.m. (Signed by Judge George B. Daniels on 8/2/06) (kco, ) (Entered: 08/02/2006)
82006-09-15 Order Referring Case to Magistrate JudgeORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge George B. Daniels on 9/15/06) (jco, ) (Entered: 09/18/2006)
92006-09-15 Endorsed LetterENDORSED LETTER addressed to Judge George B. Daniels from Steven Choi dated 9/13/06 re: Counsel writes to request a settlement conference. So Ordered. (Signed by Judge George B. Daniels on 9/15/06) (jco, ) (Entered: 09/18/2006)
102006-09-19 OrderORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for 10/23/2006 10:00 AM before Magistrate Judge Gabriel W. Gorenstein. Courtroom 17A, United States Courthouse, 500 Pearl Street, New York, New york. (Signed by Judge Gabriel W. Gorenstein on 9/19/06) (js, ) (Entered: 09/20/2006)
112006-10-30 Protective OrderSTIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge George B. Daniels on 10/27/2006) (lb, ) (Entered: 10/30/2006)
122006-11-27 Motion to Amend/CorrectFILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct 1 Complaint. Document filed by Do Yea Kim, Do Yea Kim, Zhi Lin. (Attachments: # 1 Supplement Plaintiffs' Memorandum of Law in Support of Motion to Amend Complaint# 2 Exhibit Exhibit - Proposed Amended Complaint# 3 Text of Proposed Order Proposed Order Permitting Amended Complaint)(Choi, Steven) Modified on 11/28/2006 (kg, ). (Entered: 11/27/2006)
132006-11-28 Motion to Amend/CorrectFIRST MOTION to Amend/Correct 1 Complaint to Add Additional Plaintiff. Document filed by Do Yea Kim, Do Yea Kim, Zhi Lin. (Attachments: # 1 Supplement Draft Amended Complaint# 2 Text of Proposed Order Proposed Order For Amended Complaint)(Choi, Steven) (Entered: 11/28/2006)
142006-11-28 Memorandum of Law in Support of MotionFIRST MEMORANDUM OF LAW in Support re: 13 FIRST MOTION to Amend/Correct 1 Complaint to Add Additional Plaintiff.. Document filed by Do Yea Kim, Do Yea Kim, Zhi Lin. (Choi, Steven) (Entered: 11/28/2006)
152006-12-12 OrderORDER that plaintiff is granted leave to file an amended complaint to name an additional plaintiff Jenny Thiem; dfts will be given 20 days from the service of the amended complaint to respond to it. (Signed by Judge George B. Daniels on 12/12/06) (dle, ) (Entered: 12/12/2006)
162006-12-14 Amended ComplaintAMENDED COMPLAINT amending 1 Complaint against 167 Nail Plaza, Inc., Sixty Eight Nail Plaza Inc., Dong Rim Park, Mou San Rim.Document filed by Jenny Thiem, Do Yea Kim, Zhi Lin. Related document: 1 Complaint filed by Do Yea Kim, Zhi Lin.(jco, ) Additional attachment(s) added on 12/22/2006 (jco, ). (Entered: 12/19/2006)
172007-01-11 Notice of AppearanceNOTICE OF APPEARANCE by Moses Silverman on behalf of Do Yea Kim, Zhi Lin, Jenny Thiem (Attachments: # 1 Affidavit Of Service)(Silverman, Moses) (Entered: 01/11/2007)
182007-01-16 Notice of AppearanceNOTICE OF APPEARANCE by Amir Weinberg on behalf of Do Yea Kim, Zhi Lin, Jenny Thiem (Attachments: # 1 Affidavit Of Service)(Weinberg, Amir) (Entered: 01/16/2007)
192007-03-05 OrderORDER that the Court is directed to remove the first motion to amend the complaint from the outstanding motions list (doc #13) (Signed by Judge George B. Daniels on 3/2/07) (cd) (Entered: 03/06/2007)
202007-03-14 ReplyREPLY re: 5 Answer to Complaint, Counterclaim [Plaintiffs' Reply to Defendants' Counterclaim]. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Affidavit of Service)(Weinberg, Amir) (Entered: 03/14/2007)
212007-03-20 Answer to Amended ComplaintANSWER to Amended Complaint., COUNTERCLAIM against all defendants. Document filed by Do Yea Kim, 167 Nail Plaza, Inc., Sixty Eight Nail Plaza Inc., Dong Rim Park, Mou San Rim, Zhi Lin, Jenny Thiem. Related document: 16 Amended Complaint, filed by Do Yea Kim, Jenny Thiem, Zhi Lin.(Cho, Sukjin) (Entered: 03/20/2007)
222007-05-03 Stipulation and Order of DismissalSTIPULATION AND ORDER OF DISMISSAL by and through their respective counsel, hereby stipulate and agree that all counterclaims asserted by or which could have been asserted by Defendants, in the above-captioned action against plaintiffs, are dismissed with prejudice. All costs to be borne by the party that incurred them. SO ORDERED. (Signed by Judge George B. Daniels on 5/3/2007) (jmi) (Entered: 05/04/2007)
232007-06-13 Notice of AppearanceNOTICE OF APPEARANCE by Joshua David Hurwit on behalf of Do Yea Kim, Zhi Lin, Jenny Thiem (Attachments: # 1 Affidavit of Service)(Hurwit, Joshua) (Entered: 06/13/2007)
242007-06-20 Endorsed LetterENDORSED LETTER addressed to Judge George B. Daniels from Richard K. Owne and Amir Weinberg dated 6/18/07 re: The parties respectfully requests a pre-trial conference before the court, following the conclusion of fact discovery, to lay out a schedule for submitting a pre-trial order, motions in limine and pre-trial submissions. So Ordered. A conference is scheduled for 7/26/2007 at 09:30 AM. (Signed by Judge George B. Daniels on 6/20/07) (pl) (Entered: 06/21/2007)
252007-08-01 Endorsed LetterENDORSED LETTER addressed to Judge George B. Daniels from Steven Choi dated 7/27/07 re: Counsel writes to request a change in the trial and pre-trial dates. ENDORSEMENT: The Trial is rescheduled to begin on 10/22/07. Ready for Trial by 10/22/2007. (Signed by Judge George B. Daniels on 8/1/07) (jco) (Entered: 08/03/2007)
262007-08-09 Endorsed LetterENDORSED LETTER addressed to Judge George B. Daniels from Joshua Hurwit dated 8/6/2007 re: I write to inform Your Honor that I am withdrawing as counsel to Plaintiffs because I will not longer be associated with Paul, Weiss, Rifkind, Wharton & Garrison LLP. I also request removal from the Electronic Service List. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 8/9/2007) (jmi) (Entered: 08/10/2007)
272007-10-05 Notice of Change of AddressNOTICE OF CHANGE OF ADDRESS by Steven Kyung Choi on behalf of all plaintiffs. New Address: YKASEC - Empowering the Korean American Community, 136-19 41st Ave, 3rd Floor, Flushing, NY, USA 11354, 718-460-5600. (Choi, Steven) (Entered: 10/05/2007)
282007-10-17 Motion for Partial Summary JudgmentMOTION for Partial Summary Judgment. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Affidavit of Service)(Silverman, Moses) (Entered: 10/17/2007)
292007-10-17 Memorandum of Law in Support of MotionMEMORANDUM OF LAW in Support re: 28 MOTION for Partial Summary Judgment.. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Affidavit of Service)(Silverman, Moses) (Entered: 10/17/2007)
302007-10-17 Declaration in Support of MotionDECLARATION of ANDRE M. ESPINOSA in Support re: 28 MOTION for Partial Summary Judgment.. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 7.1# 9 Exhibit 7.2# 10 Exhibit 7.3# 11 Exhibit 7.4# 12 Exhibit 7.5# 13 Exhibit 7.6# 14 Exhibit 7.7# 15 Exhibit 8# 16 Affidavit of Service)(Silverman, Moses) (Entered: 10/17/2007)
312007-10-17 Rule 56.1 StatementRULE 56.1 STATEMENT. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Affidavit of Service)(Silverman, Moses) (Entered: 10/17/2007)
322007-10-19 Order Admitting Attorney Pro Hac ViceORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Andre M. Espinosa for Do Yea Kim and Jenny Thiem admitted Pro Hac Vice. (Signed by Judge George B. Daniels on 10/19/07) (jco) (Entered: 10/19/2007)
332007-10-23 Order Admitting Attorney Pro Hac ViceORDER ADMITTING ATTORNEY PRO HAC VICE ON ORAL MOTION. Attorney Barry A. Kamar for Do Yea Kim , Zhi Lin and Jenny Thiem admitted Pro Hac Vice. (Signed by Judge George B. Daniels on 10/22/07) (cd) Additional attachment(s) added on 10/23/2007 (Daniec, Chris). (Entered: 10/23/2007)
342007-11-05 Endorsed LetterENDORSED LETTER addressed to Judge George B. Daniels from Richard K. Owen dated 10/31/07 re: Counsel for Defendants request the Defendants be granted 30 days within which to file any possible post-trial motions. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 11/5/07) (tro) (Entered: 11/05/2007)
352007-12-06 Endorsed LetterENDORSED LETTER addressed to Judge George B. Daniels from Andre M. Espinosa dated 12/5/07 re: Plaintiff requests an extension of time until 1/3/07 to file an Opposition to Defendants 34 Letter opposing Plaintiffs request for reinstatement. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 12/6/07) (db) (Entered: 12/06/2007)
362008-01-03 Memorandum of Law in OppositionMEMORANDUM OF LAW in Opposition to Defendants' Post-Trial Motions for Judgment as a Matter of Law, a New Trial, or Remittur. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Affidavit)(Silverman, Moses) (Entered: 01/03/2008)
372008-01-03 Declaration in SupportDECLARATION of Andre M. Espinosa in Opposition to Defendants' Post-Trial Motions for Judgment as a Matter of Law, A New Trial, or Remittur in Support re: 36 Memorandum of Law in Opposition. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Exhibit 4a, # 2 Exhibit 4b, # 3 Exhibit 4c, # 4 Exhibit 4d, # 5 Affidavit)(Silverman, Moses) (Entered: 01/03/2008)
382008-01-07 Memorandum of Law in OppositionMEMORANDUM OF LAW in Opposition to Defendants' Post-Trial Motions For Judgment as a Matter of Law, a New Trial, Or Remittur. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Affidavit of Service)(Silverman, Moses) (Entered: 01/07/2008)
392008-01-11 TranscriptTRANSCRIPT of proceedings held on 10/22/2007 before Judge Judge George B. Daniels. (jar) (Entered: 01/11/2008)
402008-01-11 TranscriptTRANSCRIPT of proceedings held on 10/25/2007 before Judge Judge George B. Daniels. (jar) (Entered: 01/11/2008)
412008-01-18 Order on Motion for Partial Summary JudgmentORDER terminating 28 Motion for Partial Summary Judgment. The Docket Clerk is hereby instructed to remove plaintiffs' motion for partial summary judgment (Document 28 ) from the motions list as the motion was resolved at trial. (Signed by Judge George B. Daniels on 1/18/08) (tro) (Entered: 01/18/2008)
422008-01-31 TranscriptTRANSCRIPT of proceedings held on 10/26/07 @ 9:30AM before Judge George B. Daniels. (pr) (Entered: 01/31/2008)
432008-02-21 TranscriptTRANSCRIPT of proceedings held on 10/24/07 before Judge George B. Daniels. (jbe) (Entered: 02/21/2008)
442008-05-20 TranscriptTRANSCRIPT (DUPLICATE ORIGINAL) of proceedings held on 10/23/2007 at 2:30 PM before Judge George B. Daniels. (tp) (Entered: 05/20/2008)
452008-07-07 Order Referring Case to Magistrate JudgeORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Attorneys' Fees. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge George B. Daniels on 7/7/2008) (tve). (Entered: 07/07/2008)
462008-07-07 OrderMEMORANDUM DECISION AND ORDER: Defendants' motion for judgment notwithstanding the verdict, made pursuant to Rule 50(b) of the F.R.C.P., is DENIED. Defendants' motion for a new trial is DENIED. Defendants' motion for remittitur is GRANTED as to all amounts except the jury's award of $34,000 in compensation for mental anguish. Judgment is awarded to plaintiff in the total amount of $159,100.90. Plaintiff is also awarded reasonable attorneys' fees. The matter is referred to Magistrate Judge Gabriel Gorenstein for a Report and Recommendation on the reasonable amount of attorney's fees to be awarded to plaintiff in this action. SO ORDERED. (Signed by Judge George B. Daniels on 7/7/2008) (tve) (Entered: 07/07/2008)
472008-07-11 Order Referring Case to Magistrate JudgeORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that the case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute (decision on prejudgment interest). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge George B. Daniels on 7/11/08) (cd) (Entered: 07/11/2008)
482008-07-15 Clerk's JudgmentCLERK'S JUDGMENT # 08,1214 That for the reasons stated in the Court's Memorandum Decision and Order dated July 7, 2008, defendants motion for judgment notwithstanding the verdict, made pursuant to Fed. R. Civ. 50(b), is denied; defendants motion for a new trial is denied; defendants motion for remittitur is granted as to all amounts except the jurys award of $34,000 in compensation for mental anguish; judgment is awarded to plaintiff in the total amount of $159,100.90; plaintiff is awarded reasonable attorneys fees; and the matter is referred to Magistrate Judge Gabriel Gorenstein for a Report and Recommendation on the reasonable amount of attorneys fees to be awarded to plaintiff in this action. (Signed by J. Michael McMahon, clerk on 7/15/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 07/15/2008)
48.2 notice of right to appeal
492008-07-22 OrderORDER the Court is in receipt of a letter from defendants' counsel seeking to withdraw. Counsel is directed to serve and file a motion seeking this relief, to be filed on or before 8/1/08. Copies of the motion papers shall be served on the defendants individually (as well as on plaintiffs' counsel) along with a copy of this Order. Proof of such service shall be filed along with the motion, and as further set forth in this document. ( Motions due by 8/1/2008. Response due by 8/15/2008) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/22/08) (cd) (Entered: 07/22/2008)
502008-07-31 Motion to Withdraw as AttorneyFIRST MOTION for Richard K. Owen to Withdraw as Attorney Notice of Motion. Document filed by 167 Nail Plaza, Inc..(Weissman, Samuel) (Entered: 07/31/2008)
512008-07-31 Motion to Withdraw as AttorneyFILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION for Richard K. Owen to Withdraw as Attorney (Affirmation in Support). Document filed by 167 Nail Plaza, Inc..(Weissman, Samuel) Modified on 8/1/2008 (KA). (Entered: 07/31/2008)
522008-08-07 Motion to Amend/CorrectFIRST MOTION to Amend/Correct Judgment with Award of Pre-Judgment Interest. Document filed by Do Yea Kim.(Choi, Steven) (Entered: 08/07/2008)
532008-08-07 Affirmation in Support of MotionAFFIRMATION of Steven Choi in Support re: 52 FIRST MOTION to Amend/Correct Judgment with Award of Pre-Judgment Interest.. Document filed by Do Yea Kim. (Attachments: # 1 Exhibit Letter Motion Requesting Award of Pre-Judgment Interest, # 2 Exhibit Letter motion Requesting Liquidated Damages and Interest)(Choi, Steven) (Entered: 08/07/2008)
53.2 Exhibit Letter Motion Requesting Award of Pre-Judgment Interest
53.3 Exhibit Letter motion Requesting Liquidated Damages and Interest
542008-08-07 Memorandum of Law in Support of MotionFIRST MEMORANDUM OF LAW in Support re: 52 FIRST MOTION to Amend/Correct Judgment with Award of Pre-Judgment Interest.. Document filed by Do Yea Kim. (Attachments: # 1 Exhibit Letter Motion Requesting Award of Pre-Judgment Interest, # 2 Exhibit Letter Motion Requesting Liquidated Damages and Interest, # 3 Exhibit Defendants' Letter Requesting Post-Trial Relief)(Choi, Steven) (Entered: 08/07/2008)
552008-08-07 Motion for Attorney FeesMOTION for Attorney Fees. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem.(Kamar, Barry) (Entered: 08/07/2008)
562008-08-07 Memorandum of Law in Support of MotionMEMORANDUM OF LAW in Support re: 55 MOTION for Attorney Fees.. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Kamar, Barry) (Entered: 08/07/2008)
572008-08-07 Declaration in Support of MotionDECLARATION of Barry Kamar in Support re: 55 MOTION for Attorney Fees.. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Exhibit A1 for Declaration of Barry Kamar, # 2 Exhibit A2 for Declaration of Barry Kamar, # 3 Exhibit A3 for Declaration of Barry Kamar)(Kamar, Barry) (Entered: 08/07/2008)
582008-08-07 Declaration in Support of MotionDECLARATION of Kenneth Kimerling in Support re: 55 MOTION for Attorney Fees.. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Kamar, Barry) (Entered: 08/07/2008)
592008-08-07 Declaration in Support of MotionDECLARATION of Anne L. Clark in Support re: 55 MOTION for Attorney Fees.. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Kamar, Barry) (Entered: 08/07/2008)
602008-08-07 Affirmation in Support of MotionAFFIRMATION of Steven Choi in Support re: 55 MOTION for Attorney Fees.. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Kamar, Barry) (Entered: 08/07/2008)
612008-08-07 Affidavit of Service OtherAFFIDAVIT OF SERVICE of Notice of Plaintiffs' Application for an Award of Attorneys' Fees and Costs, Memorandum of Law in Support, Declaration of Barry Kamar, Affirmation of Steven Choi, Declaration of Kenneth Kimerling, Declaration of Anne L. Clark served on Richard K. Owen, Esq. on 08/07/2008. Service was made by MAIL. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Kamar, Barry) (Entered: 08/07/2008)
622008-08-27 Affirmation in Support of MotionAFFIRMATION of RICHARD OWEN in Support re: 50 FIRST MOTION for Richard K. Owen to Withdraw as Attorney Notice of Motion., 51 FIRST MOTION for Richard K. Owen to Withdraw as Attorney Affirmation in Support.. Document filed by 167 Nail Plaza, Inc.. (Weissman, Samuel) (Entered: 08/27/2008)
632008-09-16 Order on Motion to Withdraw as AttorneyMEMO ENDORSE: on re: 50 Motion to Withdraw as Attorney. ENDORSEMENT: Granted without opposition. The individual defendant's are proceeding pro se. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/16/2008) (jfe) (Entered: 09/16/2008)
642008-09-18 OrderORDER At a conference held yesterday, the individual defendants made clear that they would be proceeding pro se and that the corporate defendants, which they control, would not be retaining counsel. As the Court explained at that time, the corporations cannot proceed pro se and thus a judgment will eventually be entered against them based on this default. See,e.g., Grace v. Bank Leumi Trust Co. of New York, 443 F.3d 180,192 (2d Cir. 2006). Because the individual defendants are now pro se, the plaintiffs are ordered to make service of any future papers on them at their address (reproduced below) and not on their attorney. In addition, the Clerk is directed to change the designation of this case to non-ECF and to list the defendants as pro se on the docket sheet with the address below. The defendants are reminded that if they file any papers with the Court in the future, they must send a copy to plaintiffs counsel at the address below and to the Court at the address further set forth in this order. They are also reminded that the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York ((212) 805-0175) may be of assistance in connection with court procedures. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/18/08) Copies Mailed By Chambers.(mme) (Entered: 09/18/2008)
652008-10-10 TranscriptTRANSCRIPT of proceedings held on 9/16/2008 before Magistrate Judge Gabriel W. Gorenstein. (jn) (Entered: 10/10/2008)
662008-11-24 Report and RecommendationsREPORT AND RECOMMENDATIONS re: 52 FIRST MOTION to Amend/Correct Judgment with Award of Pre-Judgment Interest filed by Do Yea Kim and 55 MOTION for Attorney Fees filed by Do Yea Kim, Jenny Thiem, Zhi Lin. Plaintiffs motions for attorney's fees and for an amended judgment reflecting prejudgment interest (Docket ## 52 and 55) should be granted. Accordingly, an amended final judgment should be entered in favor of plaintiff and jointly and severally against all defendants consisting of the sum of the following numbers: (1) $159,500.90, which is the award contained in the decision of July 7, 2008; (2) $181,573.80, for attorney's fees and costs; and (3)prejudgment interest of (a) $3.15 per day starting April 7, 2001 until the date of final judgment; and (b) $21.09 per day starting November 12, 2006 until the date of final judgment. Objections to R&R due by 12/15/2008. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/24/2008) Copies Mailed By Chambers.(tve) (Entered: 11/24/2008)
672009-01-12 Order Adopting Report and RecommendationsDECISION AND ORDER adopting Report and Recommendation for 66 Report and Recommendations, re: 52 Motion to Amend/Correct filed by Do Yea Kim, 55 Motion for Attorney Fees filed by Do Yea Kim, Jenny Thiem, Zhi Lin. This Court adopts the Report's recommendations in their entirety. Plaintiff's motion for attorneys' fees, costs, and pre-judgment interest (Document Nos. 52 and 55) are GRANTED. It is further ORDERED that defendants pay plaintiff attorneys' fees and costs totaling $181,573.80, along with pre-judgment in the amount of a) $3.15 per day from 4/7/01 to the date of final judgment, for overtime wages; and b) $21.09 from 11/12/06 to the date of final judgment, for damages on her retaliation claim. (Signed by Judge George B. Daniels on 1/9/09) (tro) Modified on 1/20/2009 (tro). (Entered: 01/12/2009)
682009-01-27 Amended JudgmentAMENDED JUDGMENT # 08,1214 amending 48 Clerk's Judgment, That for the reasons stated in the Court's Memorandum Decision and Order and Decision and Order dated July 7, 2008 and January 9, 2009, defendants' motion for judgment notwithstanding the verdict, made pursuant to Fed. R. Civ. 50(b), is denied; defendants motion for a new trial is denied; defendants' motion for remittitur is granted as to all amounts except the jurys award of $34,000 in compensation for mental anguish; judgment is awarded to plaintiff in the total amount of $159,100.90; plaintiff is awarded attorneys' fees and costs totaling $181,573.80, along with pre-judgment interest in the amount of a) $3.15 per day from April 7, 2001 to the date of final judgment, for overtime wages of $8,983.80; and b) $21.09 from November 12, 2006 to the date of final judgment, for damages on her retaliation claim of $17,019.63, amounting in all to $366,678.13. (Signed by J. Michael McMahon, CLERK on 1/27/09) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 01/27/2009)
692009-04-21 Notice (Other)NOTICE of Restraining to Mou San Rim. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Affidavit of Service by Hand, # 2 Affidavit of Service by Federal Express)(Kamar, Barry) (Entered: 04/21/2009)
702009-04-21 Notice (Other)NOTICE of Restraining to Dong Rim Park. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Attachments: # 1 Affidavit of Service by Hand, # 2 Affidavit of Service by Federal Express)(Kamar, Barry) (Entered: 04/21/2009)
712009-04-27 Affidavit of Service OtherAFFIDAVIT OF SERVICE of Restraining Notice Directed to Dong Rim Park served on 167 Nail Plaza Inc., and Sixty-Eight Nail Plaza Inc. on 4/23/2009. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Kamar, Barry) (Entered: 04/27/2009)
722009-04-27 Affidavit of Service OtherAFFIDAVIT OF SERVICE of Restraining Notice Directed to Mou San Rim served on 167 Nail Plaza Inc., and Sixty-Eight Nail Plaza Inc. on 4/23/2009. Document filed by Do Yea Kim, Zhi Lin, Jenny Thiem. (Kamar, Barry) (Entered: 04/27/2009)
732010-05-07 Motion to CompelMOTION to Compel Post-Judgment Discovery. Document filed by Do Yea Kim. (Attachments: # 1 Affidavit of Service)(Anders, Joshua) (Entered: 05/07/2010)
742010-05-07 Memorandum of Law in Support of MotionMEMORANDUM OF LAW in Support re: 73 MOTION to Compel Post-Judgment Discovery.. Document filed by Do Yea Kim. (Attachments: # 1 Affidavit of Service)(Anders, Joshua) (Entered: 05/07/2010)
752010-05-07 Declaration in Support of MotionDECLARATION of Joshua D. Anders in Support re: 73 MOTION to Compel Post-Judgment Discovery.. Document filed by Do Yea Kim. (Attachments: # 1 Exhibit A-K, # 2 Affidavit of Service)(Anders, Joshua) (Entered: 05/07/2010)
762010-10-08 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Gabriel W. Gorenstein. Motions referred to Gabriel W. Gorenstein. (Signed by Judge George B. Daniels on 10/7/10) (djc) (Entered: 10/08/2010)
772010-10-25 ORDER Conference on plaintiff's motion to compel set for 11/3/2010 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/21/10) Copies Sent By Chambers. (cd) (Entered: 10/25/2010)
782010-11-03 ORDER granting 73 Motion to Compel, without opposition (except with respect to the subpoena to Sokho Lim). Plaintiff has leave to submit an appropriate Order at a later time that specifies in detail the relief sought. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/3/10); Copies sent by Chambers; (djc) Modified on 11/3/2010 (djc). (Entered: 11/03/2010)