Yu v. Shanghai Dumpling, Inc.
- Andrew Carter
- 1:19-cv-07601
- U.S. District Court · Southern District of New York
- 1
In Yu v. Shanghai Dumpling, Judge Carter denied Yu’s motion to strike without prejudice after adopting the magistrate judge’s recommendation.
Su Ping Yu’s motion to strike was denied without prejudice; the opinion does not state what material she sought to strike or otherwise describe the practical effect on the other parties.
What happened
In Yu v. Shanghai Dumpling, Inc., Su Ping Yu asked the court to strike something in the case. The court had referred that request to Magistrate Judge Valerie Figueredo.
Judge Figueredo recommended denying the motion without prejudice. Neither side filed an objection to that recommendation.
Judge Andrew L. Carter, Jr. reviewed the recommendation for clear error, found none, and adopted it in full. The court therefore denied Yu’s motion to strike without prejudice.
The detailed version
- Yu v. Shanghai Dumpling, Inc. · No. 1:19-cv-07601
- Andrew Carter
- Sept. 29, 2022
Background
Su Ping Yu brought the case on her own behalf and on behalf of others similarly situated against Shanghai Dumpling, Inc., and other defendants. The opinion addresses Yu’s motion to strike. On June 15, 2022, the court referred that motion to Magistrate Judge Valerie Figueredo.
Recommendation and Review
Judge Figueredo issued a Report and Recommendation advising that the motion be denied without prejudice. The parties were notified that they could object, but no objections were filed. When no timely objection is made, the district court reviews the recommendation for clear error, meaning an obvious mistake in the record.
Ruling
The court found no clear error and adopted Judge Figueredo’s Report and Recommendation in its entirety. The court denied Yu’s motion to strike without prejudice. The opinion does not describe the underlying arguments concerning the motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.