Opinion
1:21-cv-06753-LGS
09-29-2022
SERGIO HERNANDEZ NAJERA, individually and on behalf of all other employees similarly situated Plaintiff, v. LAKE AVE PIZZA LLC DBA LAKE AVENUE PIZZA AND RAYMOND DELFINO. Defendants.
[PROPOSED] DEFAULT JUDGMENT
LORNA G. SCHOFIELD, UNITED STATES DISTRICT JUDGE
This action was commenced on August 10, 2021 (Docket # 1 No. 42) Summons were issued for individual defendant on January 25, 2022 (Docket No. 45). Service was then made on the defendant Defendant Lake Ave Pizza LLC was served on August 31, 2021 (Dkt. No. 10).
To date, no defendant has answered the Complaint or otherwise appeared or moved, and (Dkt. No. 53) the Clerk of this Court has certified the default of Defendants (Docket No. 53) The time for answering the Complaint having expired, it is:
NOW, on motion of Plaintiff, by his attorney Stillman Legal PC., It is hereby ORDERED, ADJUDGED AND DECREED: that, pursuant to Rule 55 of the Federal Rules of Civil Procedure, Plaintiff has judgment against the Defendant DBA LAKE AVENUE PIZZA) AND RAYMOND DELFINO, in amounts to be determined by post-default judgment inquest.
The Complaint alleges that Defendants violated the minimum wage and overtime provisions of the Fair Labor Standards Act, the New York Minimum Wage Act and the overtime, spread-of-hours, notice and recordkeeping, and wage statement provisions of the New York Labor Law. The Complaint sufficiently pleads these claims to establish liability as a matter of law. See City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 137 (2d Cir. 2011) ("[A] district court is required to determine whether the plaintiff's allegations establish the defendant's liability as a matter of law."). The Complaint adequately alleges that Defendants willfully failed to pay Plaintiff the applicable hourly rate, willfully failed to pay Plaintiff overtime compensation, willfully failed to pay one additional hour's pay at the basic minimum wage rate before allowances for each day Plaintiff spread of hours exceeded ten hours, and failed to provide Plaintiff with written notice of his rate(s) of pay and/or dates of work covered by any payments received.
An order referring the case for a damages inquest will issue separately.