UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X MELESIO ANTONIO, individually and on behalf of all others similarly situated,

Plaintiff, -against- 21 CIVIL 1871 (LGS)

DEFAULT JUDGMENT SIPSAK INC. (D/B/A SIP SAK) and MELISSA YEGEN,

Defendants. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 3, 2022, the Report is adopted in part and adopted as modified in part as follows: Plaintiff’s $59,803.73 award of prejudgment interest, for the period from the midpoint of his employment until his damages submission was filed on October 29, 2021, is modified to add an additional $17,234.51 per annum from October 29, 2021, until the date judgment is entered. The amount $17,234.51 represents nine percent of the amount of Plaintiff’s damages award for unpaid overtime and spread-of-hours wages before adding liquidated damages. See CPLR §§ 5001, 5004; Reyes v. Cafe Cousina Rest. Inc., No. 18 Civ. 1873,

, at *13 (S.D.N.Y. Aug. 27, 2019), report and recommendation adopted,

(S.D.N.Y. Oct. 7, 2019) (adding prejudgment interest from the date of the damages submission until judgment is entered); see Maldonado v. La Nueva Rampa, Inc., No. 10 Civ. 8195,

, at *11 (S.D.N.Y. May 14, 2012) (calculating interest on only compensatory damages, not liquidated damages). Plaintiff Antonio is awarded $452,792.73, plus $17,234.51 per annum in pre-judgment interest from October 29, 2021, until the date of judgment, in the amount of $16,054.06. Plaintiff Antonio is awarded post-judgment interest, to be calculated from the date the Clerk of Court enters judgment in this action, using the federal rate set forth in

. Plaintiff is awarded attorneys’ fees and costs in the amounts of $4,330.00 and $402.00, respectively. Default Judgment is entered against Defendants; accordingly, the case 1s closed. Dated: New York, New York October 4, 2022

RUBY J. KRAJICK

Clerkof Court BY: K, MANGO Deputy Clerk