By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, Feb 21 – Hyanhuy Nam worked as a chauffeur for South Korea's Mission to the UN, driving a Minister back and forth to 14 Homestead Road in Tenafly, New Jersey - and to run the Ministers' family members' "personal errands including providing free transportation services to his family members."
He was not paid overtime or "spread of hours" and so he sued.
The case was assigned to U.S. District Court for the Southern District of New York Judge Alison J. Nathan, before she was nominated for the Second Circuit Court of Appeals. Inner City Press is covering the South Korean UN Mission case, as well as other cases before Judge Nathan including US v. Ghislaine Maxwell.
The Nam complaint alleges that his job for the Minister included "driving him and his female companions to a discrete rondeau at her apartment" at 867 Metropolitan Avenue, Brooklyn NY 11211." There are other allegations in the complaint, against other South Korean diplomats, which Inner City Press will continue to cover.
The defendants have sought to stay discovery, but on December 27 Judge Nathan denied the request, specifying that if the South Korean Mission or officials "believe Plaintiff's discovery requests exceed the scope of Rule 26 or the parties' protective order entered November 5, 20221, then Defendants may, after meeting and conferring with Plaintiff, file an objection."
A focus seems to be erasing the names of some defendants from the caption. The parties have agreed to take out the names of Hyun Cho, Jinho Jo and Daeyoung Chung." But the Mission to the UN is still being sued.
On March 15, 2022 the Mission through counsel wrote in to say it is invoking immunity, not waived by voluntary appearance at the noticed Rule 30b(6) deposition.
On April 12 after Judge Nathan was confirmed to the Second Circuit, the case was reassigned to Judge Ronnie Abrams: "ORDER: This case was recently reassigned to me from Judge Nathan. By Orders dated October 7, 2021 and January 21, 2022, Judge Nathan scheduled a post-fact discovery conference for April 15, 2022. See Dkts. 30, 61. On February 24, 2022, Judge Nathan granted the parties' request to extend the discovery deadlines, with all fact discovery to be completed by May 12, 2022, and all expert discovery to be completed by June 28, 2022. See Dkt. 68. The Court hereby adjourns the post-fact discovery conference to May 20, 2022 at 10:30 a.m... No later than one week in advance of the conference, the parties are to submit a joint letter updating the Court on the status of the case, including but not limited to whether either party intends to file a dispositive motion and what efforts the parties have made to settle the action. SO ORDERED."
In September 2022 the case was re-assigned for the second time: "NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Ronnie Abrams is no longer assigned to the case."
On February 21, 2023 Judge Rochan awarded initial damages to the plaintiff and said the other claims will go to trial: "OPINION AND ORDER re: [80] MOTION for Summary Judgment (FRCP 56 Statement of Fact). filed by Permanent Mission of the Republic of Korea to the United Nations, [79] MOTION for Summary Judgment . MOTION for Partial Summary Judgment . filed by Hyunhuy Nam, [78] MOTION for Summary Judgment . filed by Permanent Mission of the Republic of Korea to the United Nations, [81] MOTION for Summary Judgment (Certification of Service). filed by Permanent Mission of the Republic of Korea to the United Nations. For the foregoing reasons, Defendant's motion for summary judgment that it is immune from suit under the FSIA and that Plaintiff's employment claims are barred by the settlement agreement between the parties is DENIED. Plaintiff's motion for partial summary judgment on Counts I and III for unpaid overtime under the FLSA and NYLL respectively is GRANTED. Plaintiff is awarded $138,990.33 in damages and $51,852.91 in prejudgment interest. Counts II, IV, V, and VI are DISMISSED. Counts VI to IX shall proceed to trial. Within 45 days, the parties shall submit a joint pretrial order and additional pretrial materials specified in this Court's Individual Rules. If at any time, the parties seek a referral to the S.D.N.Y.'s mediation program or to the Magistrate Judge for a settlement conference, the parties should contact the Court via a joint letter. The Clerk is respectfully requested to close the motions at ECF Nos. 78, 79, 80, 81. (Signed by Judge Jennifer L. Rochon on 2/21/2023)."
The case is now Nam v. Permanent Mission of the Republic of Korea to the United Nations, 21-cv-6165 (Rochon)
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