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Perez v. 50 Food Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jan 2, 2020
17 Civ. 7837 (AT) (BCM) (S.D.N.Y. Jan. 2, 2020)

Opinion

17 Civ. 7837 (AT) (BCM)

01-02-2020

ESTABAN PEREZ, et al., Plaintiffs, v. 50 FOOD CORP., et al., Defendants.


ORDER ADOPTING REPORT AND RECOMMENDATION :

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 × .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 × .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 × .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

/s/_________

ANALISA TORRES

United States District Judge


Summaries of

Perez v. 50 Food Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jan 2, 2020
17 Civ. 7837 (AT) (BCM) (S.D.N.Y. Jan. 2, 2020)
Case details for

Perez v. 50 Food Corp.

Case Details

Full title:ESTABAN PEREZ, et al., Plaintiffs, v. 50 FOOD CORP., et al., Defendants.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Jan 2, 2020

Citations

17 Civ. 7837 (AT) (BCM) (S.D.N.Y. Jan. 2, 2020)