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CHUN HUA JIANG v. GUAN DONG HOUSE, INC., C14-04253 HRL. (2014)

Court: District Court, N.D. California Number: infdco20141210945 Visitors: 9
Filed: Dec. 09, 2014
Latest Update: Dec. 09, 2014
Summary: ORDER DISMISSING ACTION WITH PREJUDICE ORDER DENYING AS MOOT MELINA MENGQIU ZHANG'S MOTION TO DISMISS ORDER DENYING AS MOOT GUAN DONG HOUSE, INC., GANG YANG, AND WEINA TIAN'S MOTION TO DISMISS [Re: Docket Nos. 8, 15] HOWARD R. LLOYD, Magistrate Judge. Chun Hua Jiang sues Guan Dong House, Inc., Gang Yang, Weina Tian, and Melinda Mengqiu Zhang for failure to pay minimum wage, failure to pay overtime compensation, fraudulent transfer, illegal immigration practices, conspiracy, and related clai
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ORDER DISMISSING ACTION WITH PREJUDICE

ORDER DENYING AS MOOT MELINA MENGQIU ZHANG'S MOTION TO DISMISS

ORDER DENYING AS MOOT GUAN DONG HOUSE, INC., GANG YANG, AND WEINA TIAN'S MOTION TO DISMISS

[Re: Docket Nos. 8, 15]

HOWARD R. LLOYD, Magistrate Judge.

Chun Hua Jiang sues Guan Dong House, Inc., Gang Yang, Weina Tian, and Melinda Mengqiu Zhang for failure to pay minimum wage, failure to pay overtime compensation, fraudulent transfer, illegal immigration practices, conspiracy, and related claims. Guan Dong House, Inc., Gang Yang, and Weina Tian move to dismiss the claims asserted against them. Dkt. No. 15. In addition, Zhang moves to dismiss the claim brought against her. Dkt. No. 8. All parties have expressly consented to having all matters proceed before a magistrate judge.

On October 16, 2014, Plaintiff filed a letter on the docket that stated: "I have decided to withdraw from the lawsuit against my former employer. I have told my lawyer X Young Lai . . . to drop the lawsuit, but I wasn't able to reach my lawyer." Dkt. No. 11. Plaintiff requested that the Court "[w]ithdraw and drop my lawsuit against GuanDong House Inc and its associates" and "cancel my represent lawyer X Young." Id. Plaintiff's attorney, X. Young Lai, has filed a declaration stating that he believes the letter is forged. Dkt. No. 18-1.

A hearing was held on December 9, 2014. Through a Court-certified interpreter, Plaintiff testified that Defendants paid him $15,000 in July or August, 2014. Plaintiff retained Attorney Lai and brought suit against Defendants after receiving this money. Plaintiff testified that he would like to dismiss this action against all Defendants.

Attorney Lai is relieved from the representation of Plaintiff. This action is dismissed with prejudice. This dismissal is without prejudice as to any rights Attorney Lai may have against Plaintiff for attorney's fees. Guan Dong House, Yang, and Tian's motion to dismiss and Zhang's motion to dismiss are denied as moot.

IT IS SO ORDERED.

Source:  Leagle

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