Solis v. 53rd Street Partners, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PABLO SOLIS et al.

Plaintiffs,

-v- CIVIL ACTION NO.: 19 Civ. 11708 (PGG) (SLC)

ORDER REGARDING DAMAGES INQUEST 53rd STREET PARTNERS LLC d/b/a REMI RESTAURANT, ROBERTO DELLEDONNE, and STEFANO FRITTELLA, Defendants.

SARAH L. CAVE, United States Magistrate Judge.

This matter having been referred to the undersigned to conduct an inquest and provide a report and recommendation regarding Plaintiffs’ damages and attorneys’ fees, it is hereby ORDERED that: 1. Plaintiffs shall submit proposed findings of fact and conclusions of law concerning damages and attorneys’ fees by September 7, 2020. Plaintiffs must support all factual assertions by affidavit and/or other evidentiary material. In addition, Plaintiffs must complete the damages and attorneys’ fees and costs summary charts appended to this Order for each named Plaintiff, attorney, and attorney’s employee for whom Plaintiffs request an award. Chambers will also transmit Word versions of these charts to the parties via email.

2. Defendants shall submit their response to Plaintiffs’ submissions, if any, by September 21, 2020. IF DEFENDANTS (1) FAIL TO RESPOND TO PLAINTIFFS’ SUBMISSIONS, OR (2) FAIL TO CONTACT THE COURT BY SEPTEMBER 21, 2020 AND REQUEST AN IN-COURT HEARING, THE COURT WILL ISSUE A REPORT AND RECOMMENDATION REGARDING DAMAGES AND ATTORNEYS’ FEES BASED ON PLAINTIFFS’ WRITTEN SUBMISSIONS ALONE, WITHOUT AN _IN-COURT HEARING. See Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) (“‘[I]t [is] not necessary for the District Court to hold a hearing, as long as it ensured that there was a basis for the damages specified in the default judgment.’”) (quoting Fustok v. ContiCommodity Servs. Inc., 873 F.2d 38, 40 (2d Cir. 1989)).

Plaintiffs are directed to serve a copy of this Order on Defendants by mail and file proof of service on the docket by August 14, 2020.

Dated: New York, New York August 7, 2020 SO ORDERED yo i) A ] fn i / 4. (oan L. CAVE ~United States Magistrate Judge PABLO SOLIS et al.

Plaintiffs,

-v- CIVIL ACTION NO.: 19 Civ. 11708 (PGG) (SLC)

53rd STREET PARTNERS LLC d/b/a REMI RESTAURANT, ROBERTO DELLEDONNE, and STEFANO FRITTELLA, Defendants.

Requested Attorneys’ Fees Timekeeper Requested Rate Requested Hours Requested Total

TOTAL:

Requested Costs Type of Expense Evidence (with ECF cite) Amount Requested

TOTAL: Case 1:19-cv-11708-PGG-SLC Document 82 Filed 08/07/20 Page 4 of 4

Damages Chart for [name of Plaintiff]1 Year(s) of Applicable Min. Weekly Hrs. Actual Alleged unpaid Alleged unpaid Alleged No. Weeks Statutory Total alleged employment2 Wage Rate3 Worked Rate paid4 Min. Wages / wk Overtime / wk Owed / wk Worked damages owed / yr [Year] [Year] [Year] TOTAL: Total Requested Damages:

Total Requested Damages Plaintiff5 Minimum Wage Overtime Liquidated Prejudgment Statutory Total Damages Interest Damages [name] [name] Please add explanatory footnotes as applicable and as needed to explain entries or to point the Court to supporting materials for a particular entry.

2 Add rows as necessary to cover the plaintiff’s time of employment.

3 Include citation to applicable statute or regulation setting forth the applicable minimum wage for time period.

4 Clearly indicate whether this rate was paid per hour work or per week.

5 Add rows as necessary to cover each plaintiff.