UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK Case No. COLLECTIVE ACTION COMPLAINT Xiaoyan Liu, individually and on behalf all other employees similarly situated, Plaintiff, - against - Vanessa’s Dumpling House Inc., d/b/a Vanessa’s Dumpling House, Vanessa Shu Qin Weng, Neal Glaser, and Kevin “Doe” (Last Name Unknown) Defendants. Plaintiff Xiaoyan Liu (“Plaintiff”) on her own behalf and on behalf of all others similarly situated, by and through her undersigned attorneys, Hang & Associates, PLLC, hereby files this complaint against the Defendants Vanessa’s Dumpling House Inc., d/b/a Vanessa’s Dumpling House, Vanessa Shu Qin Weng, Neal Glaser, and Kevin “Doe” (collectively “Defendants”), alleges and shows the Court the following: INTRODUCTION 1. This is an action brought by Plaintiff on her own behalf and on behalf of similarly situated employees, alleging violations of the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”) and the New York Labor Law, arising from Defendants’ various willful and unlawful employment policies, patterns and/or practices. 2. Upon information and belief, Defendants have willfully and intentionally committed widespread violations of the FLSA and NYLL by engaging in a pattern and practice of failing to pay their employees, including Plaintiff, overtime compensation for all hours worked over forty (40) each workweek. Case 1:17-cv-05985 Document 1 Filed 10/12/17 Page 1 of 22 PageID #: 1
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF …3 CORPORATE DEFENDANT 8. Upon information and belief, Corporate Defendant, Vanessa’s Dumpling House Inc., d/b/a Vanessa’s Dumpling
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Case No.
COLLECTIVE ACTION
COMPLAINT
Xiaoyan Liu, individually and on behalf all other
employees similarly situated,
Plaintiff,
- against -
Vanessa’s Dumpling House Inc., d/b/a Vanessa’s
Dumpling House, Vanessa Shu Qin Weng, Neal Glaser,
and Kevin “Doe” (Last Name Unknown)
Defendants.
Plaintiff Xiaoyan Liu (“Plaintiff”) on her own behalf and on behalf of all others similarly
situated, by and through her undersigned attorneys, Hang & Associates, PLLC, hereby files this
complaint against the Defendants Vanessa’s Dumpling House Inc., d/b/a Vanessa’s Dumpling
House, Vanessa Shu Qin Weng, Neal Glaser, and Kevin “Doe” (collectively “Defendants”),
alleges and shows the Court the following:
INTRODUCTION
1. This is an action brought by Plaintiff on her own behalf and on behalf of similarly
situated employees, alleging violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.
(“FLSA”) and the New York Labor Law, arising from Defendants’ various willful and unlawful
employment policies, patterns and/or practices.
2. Upon information and belief, Defendants have willfully and intentionally
committed widespread violations of the FLSA and NYLL by engaging in a pattern and practice of
failing to pay their employees, including Plaintiff, overtime compensation for all hours worked
over forty (40) each workweek.
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3. Plaintiff alleges pursuant to the FLSA, that they are entitled to recover from the
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EXHIBIT 1
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EXHIBIT 2
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NOTICE OF INTENTION TO ENFORCE SHAREHOLDER LIABILITY
FOR SERVICES RENDERED
To: Vanessa Shu Qin Weng, Neal Glaser, and Kevin “Doe”
PLEASE TAKE NOTICE, that pursuant to the provisions of Section 630 of the Business
Corporation Law of New York, you are hereby notified that Xiaoyan Liu, and others similarly
situated intend to charge you and hold you personally liable, jointly and severally, as one of the
ten largest shareholders of Vanessa’s Dumpling House Inc. for all debts, wages, and/or salaries
due and owing to them as laborers, servants and/or employees of the said corporations for
services performed by them or the said corporations within the six (6) years preceding the date
of this notice and have expressly authorized the undersigned, as their attorney, to make this
demand on their behalf.
Dated: October 12, 2017
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EXHIBIT 3
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DEMAND BY EMPLOYEES TO INSPECT SHARE RECORDS AND
MINUTES PURSUANT TO SECTION 624 OF THE NEW YORK STATE
BUSINESS CORPORATION LAW
TO:
Vanessa’s Dumpling House Inc.
310 Bedford Ave.
Brooklyn, NY 11211
PLEASE TAKE NOTICE, that Xiaoyan Liu, and others similarly situated as employees
of the above corporations who intend to demand, pursuant to the provisions of Section 630 of
the Business Corporation Law of New York, payment of debts, wages and/or salaries due and
owing to them as laborers, servants and/or employees of the above corporations for services
performed by them for the above corporations within the six (6) years preceding the date of this
notice from the ten largest shareholders of the above corporations, and who have expressly
authorized the undersigned, as their attorney, to make this demand on their behalf.
HEREBY DEMAND the right to examine, in person or by agent or attorney, during usual
business hours, the minutes of the proceedings of the shareholders and records of shareholders
of the above corporations and to make extracts there from on or after five (5) days from receipt
of this notice.
Dated: October 12, 2017
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JS 44 (Rev. 06/17) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for thepurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC ’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and (Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee - Conditions of Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 OriginalProceeding
’ 2 Removed fromState Court
’ 3 Remanded fromAppellate Court
’ 4 Reinstated orReopened
’ 5 Transferred fromAnother District(specify)
’ 6 MultidistrictLitigation -Transfer
’ 8 Multidistrict Litigation - Direct File
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause:
VII. REQUESTED IN COMPLAINT:
’ CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: ’ Yes ’No
VIII. RELATED CASE(S) IF ANY (See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Case 1:17-cv-05985 Document 1-1 Filed 10/12/17 Page 1 of 2 PageID #: 23
Xiaoyan Liu
Queens
Hang & Associates, PLLC136-18 39th Ave., Suite 1003Flushing, NY 11354 (718)-353-8588
Vanessa's Dumpling House Inc., d/b/a Vanessa's Dumpling House, Vanessa Shu Qin Weng, Neal Glaser, and Kevin "Doe" (Last Name Unknown)
Brooklyn
FLSA 29 USC 216(b)
UNPAID WAGES FOR OVERTIME OF WORK
10/12/2017 s/ Jian Hang
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Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless acertification to the contrary is filed.
I, ______________________, counsel for __________________, do hereby certify that the above captioned civil action isineligible for compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150,000, exclusive of interest and costs,
the complaint seeks injunctive relief,
the matter is otherwise ineligible for the following reason
DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1
Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
RELATED CASE STATEMENT (Section VIII on the Front of this Form)
Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)provides that “A civil case is “related” to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues orbecause the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to thesame judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be deemed “related” to another civil case merely because the civilcase: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that “Presumptively, and subject to the powerof a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still pending before thecourt.”
NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)
1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or SuffolkCounty:_________________________
2.) If you answered “no” above:a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or SuffolkCounty?_________________________
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the EasternDistrict?_________________________
If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau orSuffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassauor Suffolk County?______________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.Yes No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?Yes (If yes, please explain) No
I certify the accuracy of all information provided above.
CERTIFICATION OF ARBITRATION ELIGIBILITYCase 1:17-cv-05985 Document 1-1 Filed 10/12/17 Page 2 of 2 PageID #: 24
No
No
Yes
s/ Jian Hang
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
))))))))))))
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
DOUGLAS C. PALMER
Case 1:17-cv-05985 Document 1-2 Filed 10/12/17 Page 1 of 2 PageID #: 25
Eastern District of New York
Xiaoyan Liu, individually and on behalf all other employees similarly situated,
Vanessa's Dumpling House Inc., d/b/a Vanessa's Dumpling House, Vanessa Shu Qin Weng, Neal Glaser, and Kevin "Doe" (Last Name Unknown)
Vanessa's Dumpling House Inc., Vanessa Shu Qin Weng, Neal Glaser, and Kevin "Doe" (Last Name Unknown) 310 Bedford Ave., Brooklyn, NY 11211
Jian HangHang & Associates, PLLC136-18 39th Ave., Suite 1003Flushing, NY 11354718-353-8588
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
’ I personally served the summons on the individual at (place)
on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Case 1:17-cv-05985 Document 1-2 Filed 10/12/17 Page 2 of 2 PageID #: 26
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ClassAction.orgThis complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: Vanessa’s Dumpling House Hit with Cook’s Wage and Hour Suit