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Law Office of Samuel S. Bae
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Filed: May 13, 2024 | Entered: May 13, 2024 Kim v. Maha, Inc. et al
710(Labor: Fair Standards) | Illinois Northern
Minute
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant's motion for sanctions 60 is denied in part. The Court's May 6, 2024, fact discovery order 59 is modified as follows: fact discovery on the newly added retaliation claim only may proceed and must be noticed in time for completion by June 30, 2024. As to the underlying minimum and overtime wage claims, the Court declines to reopen discovery on these claims as previously ordered. Instead, by May 31, 2024, Defendant shall produce the following: any document(s) reflecting Kim's employment and pay records between May 5, 2019, and April 30, 2022. This includes but is not limited to (i) work schedules (including days and hours worked each week together with start and end times for each day); (ii) tax documents; (iii) documents that reflect the amount, method and frequency of payment to Kim during this period, such as paystubs; and (iv) any other document that reflects payment to Plaintiff on each day during this period, including any document(s) that shows the number of hours worked, payment in form of wages (including the wage amount actually paid); payment in the form of tips (including the amount of tips) and any overtime paid. The case remains set for a status hearing on June 27, 2024, at 9:00 a.m. Mailed notice. (jlj, ) (Entered: 05/13/2024)
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Filed: May 10, 2024 | Entered: May 10, 2024 Kim v. Maha, Inc. et al
710(Labor: Fair Standards) | Illinois Northern
Response
RESPONSE by Hyun Jin Kimin Opposition to MOTION by Defendants Bong Hee Ma, Maha, Inc. for sanctions
60 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C1, # 4 Exhibit C2, # 5 Supplement Excerpts from Deposition Transcript)(Kim, Ryan) (Entered: 05/10/2024) -
Filed: May 07, 2024 | Entered: May 07, 2024 Kim v. Maha, Inc. et al
710(Labor: Fair Standards) | Illinois Northern
Minute
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants' motion for Rule 11 sanctions 60 is procedurally improper. A party moving for Rule 11 sanctions must wait at least 21 days after serving the motion on the opposing party to file it with the Court. Fed. R. Civ. P. 11(c)(2); N. Ill. Telecom, Inc. v. PNC Bank, N.A., 850 F.3d 880, 881-82 (7th Cir. 2017) ("Rule 11(c)(2) requires a party seeking Rule 11 sanctions first to serve a proposed motion on the opposing party and to give that party at least 21 days to withdraw or correct the offending matter. Only after that time has passed may the motion be filed with the court.") Plaintiff's alleged misconduct occurred just four days ago, on May 3, 2024, so Defendants' failure to comply with Rule 11(c)(2) is irrefutable. Nevertheless, by May 10, 2024, Plaintiff's counsel must file a concise response to the motion explaining why discovery should reopen on the pre-retaliation claims. Based on the timeline laid out in Paragraphs 18-24 of the motion, it appears Plaintiff's counsel had several months between sending the second deficiency letter and Defendants' substitution of counsel. Moreover, Plaintiff's counsel failed to raise any additional discovery deficiencies despite ample opportunity to do so before the Court. Defendants may not file a reply unless the Court requests one. The reopening of discovery on Plaintiff's pre-retaliation claims is stayed for the time being. Finally, the Court must note its frustration with the parties' inability to timely handle this issue. The Court gave the parties over three weeks to agree on a discovery schedule, but the parties waited until the last minute to exchange proposals. Had counsel conferred earlier, they could have presented their disagreement to the Court in the joint status report, allowing the Court to rule without haphazard filings and facts. As this case approaches trial, the Court expects improved communication and cooperation between counsel. Mailed notice. (jlj, ) (Entered: 05/07/2024)
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