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Yuan v. Hair Lounge Inc.

United States District Court, S.D. New York

December 30, 2019

DONG YUAN, et al., Plaintiffs,
v.
HAIR LOUNGE INC., et al., Defendants.

          ORDER

          BARBARA MOSES United States Magistrate Judge.

         Plaintiffs' letter-motion dated December 24, 2019 (Dkt. No. 80), is GRANTED IN PART for the reasons that follow.

         Defendants' "Notice Mailing List dated November 20, 2019," a copy of which was furnished to the Court during today's conference, does not comply with ¶ 1 of this Court's Memorandum and Order dated November 7, 2019 (Dkt. No. 70), in that the list does not contain "the names, current or last known mailing addresses, current or last known email addresses, and (for former employees only) current or last known telephone numbers of all hair designers and hair salon assistants employed at either of defendants' salons on or after December 21, 2015, together with their dates of employment." (Emphasis added.) Among other things, defendants' list contains only 15 names, cf. Chen Lung Lu Decl. (Dkt. No. 40) ¶¶ 9-10 (attesting that a minimum of 14 employees work at each of the two hair salons identified therein "[o]n any given day"), and only employees who continued to work for both salons into 2019.

         Additionally, plaintiffs raised the question, during today's conference, as to whether one or both of the individual defendants operate a third hair salon, through a New York corporation named Hair Lounge III, Inc. (Hair Lounge III), and if so, whether the employees of Hair Lounge III could or should be included in the conditionally certified collective in this action.[1]

         Consequently, for the reasons discussed during today's conference:

         1. Paragraph 3 of this Court's Order dated December 20, 2019 (Dkt. No. 79), is VACATED.

         2. Counsel for the parties shall promptly meet and confer, in good faith, to discuss whether the complaint should be further amended or the collective expanded to include hair designers and hair salon assistants at Hair Lounge III.

         3. On or before January 10, 2020, defendants shall serve on plaintiffs an updated list containing the names (including nicknames used for work purposes), current or last known mailing addresses, current or last known email addresses, and (for former employees only) current or last known telephone numbers of all hair designers and hair salon assistants employed at any of defendants' salons on or after December 21, 2015, together with their dates of employment. Defendants shall use all reasonable efforts to ensure that the list is as complete and accurate as possible given the information available to them.

         4. On or before January 10, 2020, the parties shall submit a joint status letter to the Court in which they:

a. Attach the updated employee list required by ¶ 3 of this Order;
b. Briefly provide their views as to whether the updated list is reasonably complete and accurate (and if not, why not)
c. Report as to whether they have reached agreement on further amending the complaint and/or expanding the collective (and if not, why not); and
d. If they have agreed to expand the collective, attach a revised version of the approved Notice and Consent Form (Dkt. No. 79, at ECF pages 2-7), ...

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