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