Wang v. Shun Lee Palace Restaurant, Inc.

Opinion

TROY LAw, PLLC ATTORNEYS / COUNSELORS AT LAW Tel: (718) 762-1324 troylaw@troyplle.com Fax: (718) 762-1342 41-25 Kissena Boulevard, Suite 103, Flushing, NY 11355 August 25, 2021 Via ECF APPLICATION GRANTED Hon. Vernon S. Broderick, U.S.D.J. SO ORDERED AJ... Bt A” United States District Court VERNON S. BRODERICK Southern District of New York U.S.D.J, 8/26/2021 40 Foley Square New York, NY 10007 Re: Request for Extension of Time to Move for Class Certification Wang v. Shun Lee Palace Restaurant, Inc., No. 17-cv-00840 (VSB), (S.D.N.Y.) Your Honor, We represent Plaintiffs Guoyi Wang, Tong Wei Wu, Zhi Qiang Lu, Haiping Wu, Guoliang Xu, Steven Chung, Quek Yeow Yap, Shude Zhang, Keeyew Foo, Tsunming Fong, Mingsung Chan, Leungtack Choi, Fong Yue, Billy Qin, Monaliza Wong, and Weijun Zhen in the above- referenced matter. We write respectfully to request that these Plaintiffs’ time to move for class certification be extended from August 26, 2021 to November 17, 2021. On March 1, 2021, Your Honor refused to deny those Plaintiffs represented by Troy Law leave to move for class certification. See Dkt. No. 211. Your Honor reasoned that “There is nothing inherently impermissible about the Troy Plaintiffs filing a motion for class certification after the completion of depositions in this case.” Jd. (citing Hernandez v. Bare Burger Dio Inc., No. 12-cv- 07794 (RWS), 2013 WL 3199292, at *2 (S.D.N.Y. June 25, 2015)). Your Honor also set a deadline of August 26, 2021 to move for class certification—30 days after the then-obtaining deadline to complete fact discovery and depositions. See id.; see also Dkt. No. 212. Then, on July 19, 2021, Your Honor entered an amended scheduling order providing, inter alia, for completion of fact discovery and depositions by October 18, 2021, and of all discovery by December 3, 2021. See Dkt. No. 236. The amended scheduling order did not provide for adjustment of the class motion deadline. However, under the logic of Your Honor’s Order of March 1, 2021, the Troy Plaintiffs should be able to move for class certification a reasonable time after the completion of depositions. Additionally, because of Defendants’ pending motion for partial dismissal of the Second Amended Complaint, discovery has been stayed with respect to several plaintiffs and depositions have been taken neither of nor about them. For the foregoing reasons, we respectfully requests that the Court extend the Troy Plaintiffs’ deadline to move for class certification from August 26, 2021 to November 17, 2021—30 days after the present deadline to complete depositions and fact discovery. We thank the Court for its attention to and consideration of this matter. Respectfully submitted, Troy LAW, PLLC

Wang v. Shun Lee Palace Restaurant, Inc., No. 17-cv-00840 (VSB), (S.D.N.Y.) Page 2of 2 /s/ Aaron B. Schweitzer Aaron Schweitzer Attorney for Plaintiffs cc: via ECF all counsel of record /asb