Zhang v. Ichiban Group LLC,

MEMORANDUM-DECISION AND ORDERI. INTRODUCTION  On February 9, 2017, Plaintiff Xue Hui Zhang filed the complaint in this putative class action against Defendants Ichiban Group, LLC, Ichiban Food Services, Inc., Chen & Ju, Inc., David Ip, Shiow Fei Ju, Shin Shii Ju, Chwon Tzu Ju, Liping Ju, and Tyng Quh Ju. See Dkt. No. 1. Plaintiff alleges multiple violations of the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). See id. at

70-120. Presently before the Court are Plaintiff’s motion for leave to file an amended complaint and Defendants’ motion to dismiss for lack of service. See Dkt. Nos. 45, 57. Additionally, on July 2, 2018, counsel for Defendant Chen & Ju, Inc., filed a letter brief notifying the Court that Chen & Ju, Inc., has filed for bankruptcy and that the action must therefore be stayed. See Dkt. 59. For the following reasons, Defendants’ motion to dismiss is granted, Plaintiff’s motion to amend is granted in part and denied in part, and the action is stayed as to Chen & Ju, Inc.II. BACKGROUNDThe Court presumes the parties’ familiarity with the background of this case, as detailed in the December 1, 2017 Memorandum-Decision and Order (“December Order”). See Dkt. No. 8. Defendants previously filed a motion to dismiss, which was granted in part and denied in part. See Dkt. No. 18 at 16-17. The Court dismissed counts nine and ten of the complaint — Plaintiff’s claims under 26 U.S.C. §7434 and NYLL §162. See id. at 16. Defendants’ motion to dismiss was denied as to all other claims. See id. But the Court found that service was not proper as to Defendants David Ip, Shiow Fei Ju, Shin Shii Ju, and Chwon Tzu Ju, and the Court granted Plaintiff a thirty-day extension to re-serve those Defendants. See id. Plaintiff filed affidavits of service within the prescribed time. See Dkt. No. 25.Plaintiff also seeks to amend the complaint to include allegations relating to Yue Hua Chen (“Ms. Chen”) and Gui Yong Zhang (“G.Y. Zhang”). See Dkt. No. 49 at 1. Plaintiff alleges that Ms. Chen worked as a waitress at a restaurant owned by Defendants. See id. at65. From November 1, 2009 until December 31, 2015, Ms. Chen worked approximately 72.5 hours per week at the restaurant. See id. at