Lin v. Joe Japanese Buffet Restaurant Inc. et al, No. 1:2017cv03435 - Document 91 (E.D.N.Y. 2021)

Court Description: DECISION & ORDER: For the reasons stated in the Order, judgment is entered against Defendants Fuji Japanese Cuisine, Inc., Joe Japanese Buffett Restaurant Inc., Larry Zhou, and Zhao Lin Chen and in favor of Plaintiffs with respect to all FLSA and NYLL claims. All other parties are hereby DISMISSED and the case is closed. SO Ordered by Judge William F. Kuntz, II on 12/7/2021. (Yu, Stephanie)

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Lin v. Joe Japanese Buffet Restaurant Inc. et al Doc. 91 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -X JIANHUILIN,era/., . Plaintiffs, DECISION & ORDER 17-CV-3435(WFKXCLP) V. JOE JAPANESE BUFFET RESTAURANT INC., et al. Defendants. X WILLIAM F. KUNTZ,II, United States District Judge: On June 7,2017, Danny Lin filed a collective and class action against Defendants. ECF Nos. 1,2. The Court later certified this case an FLSA class action. ECF No. 41-3. Alin Chen, Maggie Chen,and Joyce Chen all consented to become parties in the collective action. ECF Nos. 55,56, 58. This Court conducted a bench trial in accordance with 28 U.S.C. ยง 1330(a)from Monday, July 19,2021 and until Wednesday, July 21,2021. Having reviewed the testimony and exhibits, as well as the parties' post-trial submissions, this Court issues the following Findings of Fact and Conclusions ofLaw pursuant to Rule 52 ofthe Federal Rules of Civil Procedure. FINDINGS OF FACT I. The Corporate Defendants Fuji Japanese Cuisine ("Fuji") is a restaurant located at 133-27 Queens Boulevard, Forest Hills, NY 11375. Originally, Fuji was operated by Fuji Japanese Inc. and owned by Dian Cai Zhou. Exhibit Day 2 Transcript 20210720,ECF No. 88-3("Day 2 Tr.") 173:24-175:8. Dian Cai Zhou is the cousin of Dian Chi Zhou ("Larry Zhou"). Id. On or around December 22,2014, Fuji's ownership was transferred from Fuji to Joe Japanese Restaurant Inc., which was owned by Zhao Lin Chen. Day 2 Tr. 197:17-21. Even after the transfer, Joe Japanese maintained the same doing business as name,the same trade dress, and the same logo. Exhibit Day 1 Transcript 20210719,ECF No. 88-2("Day 1 Tr.") 80:12-25. 1 Dockets.Justia.com

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