Cho v. Osaka Zen Spa

Background

The plaintiff's counsel submitted a letter asking the court to compel discovery. The letter states that the case includes claims involving disability, perceived disability, religious discrimination, retaliation, minimum wage, overtime, and other wage-and-hour violations under New York law, the Fair Labor Standards Act, and the New York Labor Law.

The letter says that the plaintiff served interrogatories, document requests, and deposition notices on July 7, 2021. According to the plaintiff's counsel, Osaka Zen Spa and Boksil Paula Lee sent responses to the interrogatories and document requests on November 24, 2021, but produced no documents and did not verify the interrogatory responses. Counsel also reportedly stated that he believed Paula Lee might be legally incompetent. The letter says defendants had not provided documentation showing whether a legal guardian had been appointed, despite requests and court conferences.

Requested Relief

The plaintiff asked the court to order Osaka Zen Spa and Boksil Paula Lee to fully respond to the discovery requests, produce responsive documents, verify the interrogatory answers, and appear in person for depositions in the Southern District of New York on December 12 and 13, 2022.

Court’s Action

Judge Edgardo Ramos endorsed the letter and directed the defendant to respond no later than November 16, 2022. The order does not state that the discovery request was granted or denied, and it does not resolve the parties' underlying claims.