Opinion
Docket No.: 17-CV-5885-GHW
08-28-2020
ENG BOCK CHIA, RUI GUI WU, YUE MING LIN, GRACE WU, CINDY LIN, XIN QIANG YU, GUI XIANG DONG, CHIN KOK HING, WAI HO NG, JIANWEI XU, and WONG KAM FOONG, Plaintiffs, v. 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, 5127 RESTAURANT CORP. d/b/a GINGER'S, TUNG SHENG YEH, STEVEN C.J. TANG, ALICE TANG, KUAN YOKE AKOON aka "WINNIE," TEO SU JIN, BENNY CHEONG Defendants.
JUDGMENT
WHERAS, the above entitled action having duly come on for a bench trial before the Honorable Gregory H. Woods, U.S.D.J. at the United States District Courthouse for the Southern District of New York, at the courthouse located at 500 Pearl Street, New York, New York 10007 on the 20 and 21 day of July, 2020, and upon the Decision and Order of the U.S.D.J. GREGORY H. WOODS, issued on the 23 day of July, 2020, granting judgment for Plaintiffs ENG BOCK CHIA, RUI GUI WU, YUE MING LIN, GRACE WU, CINDY LIN, XIN QIANG YU, GUI XIANG DONG, CHIN KOK HING, WAI HO NG, and JIANWEI XU against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, 5127 RESTAURANT CORP. d/b/a GINGER'S, TUNG SHENG YEH, KUAN YOKE AKOON, BENNY CHEONG, TEO SU JIN, and STEVEN C.J. TANG, and finding Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, 5127 RESTAURANT CORP. d/b/a GINGER'S, TUNG SHENG YEH, KUAN YOKE AKOON, BENNY CHEONG, TEO SU JIN, and STEVEN C.J. TANG jointly and severally liable for reasonable attorneys' fees and costs, and upon the Decision and Order of the U.S.D.J. GREGORY H. WOODS, issued on the 28 day of August, 2020, granting Plaintiffs' motion for attorneys' fees and costs;
Now on the submission of Plaintiffs ENG BOCK CHIA, RUI GUI WU, YUE MING LIN, GRACE WU, CINDY LIN, XIN QIANG YU, GUI XIANG DONG, CHIN KOK HING, WAI HO NG, and JIANWEI XU, by and through their attorneys, Virginia & Ambinder, LLP and TakeRoot Justice, for entry of a Judgment, it is:
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff ENG BOCK CHIA, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and TEO SU JIN also known as "Su Jin Teo," jointly and severally for unpaid minimum and overtime wages in the amount of $55,994.30 , unpaid spread of hours in the amount of $5,118.25 , and unpaid uniform maintenance in the amount of $2,494.95 , for total unpaid wage damages in the amount of $63,607.50 , plus interest from March 17 , 2014 in the amount of $36,785.27 , plus liquidated damages in the amount of $63,607.50 , plus unreimbursed uniform costs in the amount of $696.26 , plus damages for failure to provide wages statements in the amount of $5,000.00 , for total damages in the amount of $169,696.53 ; and against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and STEVEN C.J. TANG also known as "Steven Tang," jointly and severally for unpaid minimum and overtime wages in the amount of $1,860.00 , unpaid spread of hours in the amount of $725.00 , and unpaid uniform maintenance in the amount of $237.40 , for total unpaid wage damages in the amount of $2,822.40 , plus interest from January 5 , 2017 in the amount of $916.07 , plus liquidated damages in the amount of $2,822.40 , plus unreimbursed uniform costs in the amount of $47.55 , for total damages in the amount of $6,608.42 ;
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff RUI GUI WU, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and TEO SU JIN also known as "Su Jin Teo," jointly and severally for unpaid minimum and overtime wages in the amount of $56,197.14 , unpaid spread of hours in the amount of $4,960.50 , and unpaid uniform maintenance in the amount of $2,489.00 , for total unpaid wage damages in the amount of $63,646.64 , plus interest from March 17 , 2014 in the amount of $36,803.91 , plus liquidated damages in the amount of $63,646.64 , plus unreimbursed uniform costs in the amount of $689.69 , plus damages for failure to provide wages statements in the amount of $5,000.00 , for total damages in the amount of $169,786.89 ; and against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and STEVEN C.J. TANG also known as "Steven Tang," jointly and severally for unpaid minimum and overtime wages in the amount of $1,814.25 , unpaid spread of hours in the amount of $755.00 , and unpaid uniform maintenance in the amount of $252.50 , for total unpaid wage damages in the amount of $2,821.75 , plus interest from January 18 , 2017 in the amount of $908.99 , plus liquidated damages in the amount of $2,821.75 , plus unreimbursed uniform costs in the amount of $57.17 , for total damages in the amount of $6,609.67 ;
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff YUE MING LIN, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and TEO SU JIN also known as "Su Jin Teo," jointly and severally for unpaid minimum and overtime wages in the amount of $61,089.82 , unpaid spread of hours in the amount of $5,221.75 , and unpaid uniform maintenance in the amount of $2,622.75 , for total unpaid wage damages in the amount of $68,934.32 , plus interest from March 17 , 2014 in the amount of $40,786.92 , plus liquidated damages in the amount of $68,934.32 , plus unreimbursed uniform costs in the amount of $2,364.66 , plus damages for failure to provide wages statements in the amount of $5,000.00 , for total damages in the amount of $186,020.21 ; and against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and STEVEN C.J. TANG also known as "Steven Tang," jointly and severally for unpaid minimum and overtime wages in the amount of $970.25 , unpaid spread of hours in the amount of $334.00 , and unpaid uniform maintenance in the amount of $115.80 , for total unpaid wage damages in the amount of $1,420.05 , plus interest from January 19 , 2017 in the amount of $510.26 , plus liquidated damages in the amount of $1,420.05, plus unreimbursed uniform costs in the amount of $196.03 , for total damages in the amount of $3,546.39 ;
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff JIAN WEI XU, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and TEO SU JIN also known as "Su Jin Teo," jointly and severally for unpaid minimum and overtime wages in the amount of $43,778.02 , unpaid spread of hours in the amount of $3,320.50 , and unpaid uniform maintenance in the amount of $1,671.70 , for total unpaid wage damages in the amount of $48,770.22 , plus interest from June 9 , 2013 in the amount of $31,629.99 , plus liquidated damages in the amount of $48,770.22, plus unreimbursed uniform costs in the amount of $557.67 , plus damages for failure to provide wages statements in the amount of $5,000.00 , for total damages in the amount of $134,728.10 ;
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff XIN QIANG YU, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and TEO SU JIN also known as "Su Jin Teo," jointly and severally for unpaid minimum and overtime wages in the amount of $39,971.88 , unpaid spread of hours in the amount of $3,313.25 , and unpaid uniform maintenance in the amount of $2,168.55 , for total unpaid wage damages in the amount of $45,453.68 , plus interest from March 17 , 2014 in the amount of $26,249.99 plus liquidated damages in the amount of $45,453.68 , plus unreimbursed uniform costs in the amount of $433.52 , plus damages for failure to provide wages statements in the amount of $5,000.00 , for total damages in the amount of $122,590.87 ; and against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and STEVEN C.J. TANG also known as "Steven Tang," jointly and severally for unpaid minimum and overtime wages in the amount of $2,000.22 , unpaid spread of hours in the amount of $333.00 , and unpaid uniform maintenance in the amount of $401.95 , for total unpaid wage damages in the amount of $2,735.17 , plus interest from June 29 , 2017 in the amount of $785.03 , plus liquidated damages in the amount of $2,735.17 plus unreimbursed uniform costs in the amount of $108.72 , for total damages in the amount of $6,364.09 ;
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff WAI HO NG, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and TEO SU JIN also known as "Su Jin Teo," jointly and severally for unpaid minimum and overtime wages in the amount of $13,938.46 , unpaid spread of hours in the amount of $810.25 , and unpaid uniform maintenance in the amount of $1,523.15 , for total unpaid wage damages in the amount of $16,271.86 , plus interest from March 16 , 2015 in the amount of $7,958.01 , plus liquidated damages in the amount of $16,271.86, plus unreimbursed uniform costs in the amount of $228.22 , plus damages for failure to provide wages statements and notices in the amount of $10,000.00 , for total damages in the amount of $50,729.94 ; and against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and STEVEN C.J. TANG also known as "Steven Tang," jointly and severally for unpaid minimum and overtime wages in the amount of $188.25 , unpaid spread of hours in the amount of $63.00 , and unpaid uniform maintenance in the amount of $40.10 , for total unpaid wage damages in the amount of $291.35 , plus interest from November 14 , 2016 in the amount of $98.42 , plus liquidated damages in the amount of $291.35 , plus unreimbursed uniform costs in the amount of $4.99 , for total damages in the amount of $686.11 ;
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff GUI XIANG DONG, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and TEO SU JIN also known as "Su Jin Teo," jointly and severally for unpaid minimum and overtime wages in the amount of $13,804.48 , unpaid spread of hours in the amount of $1,786.50 , and unpaid uniform maintenance in the amount of $706.80 , for total unpaid wage damages in the amount of $16,297.78 , plus interest from September 30 , 2013 in the amount of $10,318.37 , plus liquidated damages in the amount of $16,297.78 , plus unreimbursed uniform costs in the amount of $521.64 , plus damages for failure to provide wages statements and notices in the amount of $5,000.00 , for total damages in the amount of $48.435.58 ;
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff CHIN KOK HING, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and TEO SU JIN also known as "Su Jin Teo," jointly and severally for unpaid minimum and overtime wages in the amount of $53,283.56 , unpaid spread of hours in the amount of $4,300.00 , and unpaid uniform maintenance in the amount of $2,544.25 , for total unpaid wage damages in the amount of $60,127.81 , plus interest from March 17 , 2014 in the amount of $34,734.58 , plus liquidated damages in the amount of $60,127.81 , plus unreimbursed uniform costs in the amount of $591.16 , plus_damages for failure to provide wages statements in the amount of $5,000.00 , for total damages in the amount of $160,581.36 ; and against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and STEVEN C.J. TANG also known as "Steven Tang," jointly and severally for unpaid minimum and overtime wages in the amount of $2,166.50 , unpaid spread of hours in the amount of $237.00 , and unpaid uniform maintenance in the amount of $269.40 , for total unpaid wage damages in the amount of $2,672.90 , plus interest from January 16 , 2017 in the amount of $861.08 , plus liquidated damages in the amount of $2,672.90 , plus unreimbursed uniform costs in the amount of $46.85 , for total damages in the amount of $6,253.73 ;
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff GRACE WU, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and TEO SU JIN also known as "Su Jin Teo," jointly and severally for unpaid minimum and overtime wages in the amount of $24,862.00 , unpaid spread of hours in the amount of $2,247.50 , and unpaid uniform maintenance in the amount of $558.00 , for total unpaid wage damages in the amount of $27,667.50 , plus interest from March 24 , 2012 in the amount of $20,905.26 , plus liquidated damages in the amount of $27,667.50 , plus unreimbursed uniform costs in the amount of $193.97 , plus damages for failure to provide wages statements in the amount of $2,500.00 , for total damages in the amount of $78,934.24 ;
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Plaintiff CINDY LIN, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and TEO SU JIN also known as "Su Jin Teo," jointly and severally for unpaid minimum and overtime wages in the amount of $4,599.93 , and unpaid spread of hours in the amount of $11,790.00 , for total unpaid wage damages in the amount of $16,389.93 , plus interest from April 9 , 2014 in the amount of $9,282.99 plus liquidated damages in the amount of $16,389.93 , plus damages for failure to provide wages statements and notices in the amount of $10,000.00 , for total damages in the amount of $52,062.85 ; and against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," and STEVEN C.J. TANG also known as "Steven Tang," jointly and severally for unpaid minimum and overtime wages and back wages in the amount of $8,611.11 , unpaid spread of hours in the amount of $2,412.00 , for total unpaid wage damages in the amount of $11,023.11 , plus interest from June 17 , 2017 in the amount of $3,076.81 , plus liquidated damages in the amount of $11,023.11 , plus damages for retaliation in the amount of $20,000.00 , for total damages in the amount of $45,123.04 ;
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of TakeRoot Justice, located at 123 William St., 16 Floor; New York, NY 10038, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," TEO SU JIN also known as "Su Jin Teo," and STEVEN C.J. TANG also known as "Steven Tang," jointly and severally for attorneys' fees in the total amount of $45,550.00 ; and
ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Virginia & Ambinder, LLP, located at 40 Broad Street, 7 Floor, New York, New York 1004, against Defendants 520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, located at 520 8 Avenue, New York, N.Y. 10018, 5127 RESTAURANT CORP. d/b/a GINGER'S, located at 512 7 Avenue, New York, N.Y. 10018, TUNG SHENG YEH also known as "Peter Yeh" and "Tung Yeh," KUAN YOKE AKOON also known as "Winnie Liew" and "Winnie Kuan Akoon," BENNY CHEONG also known as "Oon Chin Cheong" and "Cheong Oon Chin," TEO SU JIN also known as "Su Jin Teo," and STEVEN C.J. TANG also known as "Steven Tang," jointly and severally for attorneys' fees in the amount of $298,347.50 , costs in the amount of $30,476.89 , for a total of $328,824.39. SO ORDERED. Dated: August 28, 2020
New York, New York
/s/_________
GREGORY H. WOODS
United States District Judge