Chong v. Golden 88 Spoon Inc.

Background

The case is an action under the Fair Labor Standards Act, a federal wage-and-hour law. The court received a stipulation stating that Defendant Xueqin Zheng’s claims were voluntarily dismissed. The order did not decide whether that dismissal was effective under the court’s required procedures; instead, it directed the parties to address that issue.

The order also stated that Defendant Yin/Terry Zheng appeared to be proceeding without a lawyer and had not provided a mailing address, telephone number, or email address. The corporate defendants, Xinju Zheng, and Bi Chen had not retained lawyers or notified the court that they would represent themselves.

Court’s Orders

The court ordered the parties to file a letter by April 13, 2022, explaining whether the dismissal of Xueqin Zheng’s claims was subject to the review required by Cheeks v. Freeport Pancake House, Inc. If that review applied, the parties were directed to file the required fairness letter.

The court ordered Yin/Terry Zheng to provide his mailing address, telephone number, and email address by April 13, 2022. It directed the plaintiff to inform the court by that date whether she would move for a default judgment against the corporate defendants, Xinju Zheng, and Bi Chen, or dismiss those defendants.

The court also directed the plaintiff to send the order to Yin/Terry Zheng at the email address supplied by his former lawyer, Zhou Wang, and to file proof of service by April 7, 2022. The opinion is a case-management order and does not state that the court granted or denied a motion, entered default judgment, or finally approved the dismissal.