Perez v. 50 Food Corp.

District Court, S.D. New York

Perez v. 50 Food Corp.

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK DOCH FILED ESTABAN PEREZ, ef al., DOC # DATE FILED: _ 1/2/2020 Plaintiffs, -against- 17 Civ. 7837 (AT) (BCM) 50 FOOD CORP., ef ai., ORDER ADOPTING REPORT AND Defendants. RECOMMENDATION ANALISA TORRES, District Judge: Having received no objections to the Report and Recommendation (the “R&R”), ECF No. 62, of the Honorable Barbara Moses, the Court reviewed the R&R for clear error, and found none. Santiago v. Colvin, 12 Civ. 7052,

2014 WL 1092967

, at *1 (S.D.N.Y. Mar. 17, 2014). The Court, therefore, ADOPTS the R&R in its entirety. Accordingly, judgment is entered as follows: (1) Plaintiffs shall be awarded damages in the aggregate amount of $66,490.15 against both Defendants, jointly and severally, consisting of: a. Esteban Perez: $25,374.62, including (a) $8,010.15 in unpaid overtime wages, (b) $8,010.15 in liquidated damages under state law, (c) $5,000 in statutory damages under state law, and (d) $4,354.32 in prejudgment interest to date, plus additional prejudgment interest at the rate of $1.98 per day ($8,010.15 x .09/365) from December 4, 2019 to the date of entry of final judgment. b. Felipe Galindo: $15,740.91 including (a) $4,127.21 in unpaid overtime wages, (b) $4,127.21 in liquidated damages under state law, (c) $5,000 in statutory damages under state law, and (d) $2,486.49 in prejudgment interest, plus additional prejudgment interest at the rate of $1.02 per day ($4,127.21 x .09/365) from December 4, 2019 to the date of entry of final judgment. c. Delfino Lopez: $25,374.62, including (a) $8,010.15 in unpaid overtime wages, (b) $8,010.15 in liquidated damages under state law, (c) $5,000 in statutory damages under state law, and (d) $4,354.32 in prejudgment interest, plus additional prejudgment interest at the rate of $1.98 per day ($8,010.15 x .09/365) from December 4, 2019 to the date of entry of final judgment.

(2) Plaintiffs shall be awarded attorney’s fees and costs in the amount of $23,880. In sum, the Court GRANTS Plaintiffs an aggregate judgment of $90,370.15 (the total of the $66,490.15 in damages, and $23,880 in attorney’s fees and costs), plus additional interest as set forth above. The Clerk of Court is directed to close the case. SO ORDERED. Dated: January 2, 2020 New York, New York

ANALISA TORRES United States District Judge

Reference

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