From Casetext: Smarter Legal Research

Piedra v. Ecua Rest., Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Feb 28, 2018
17-CV-3316 (PKC) (CLP) (E.D.N.Y. Feb. 28, 2018)

Summary

finding liability against an individual defendant in a default motion, where the complaint alleged that the defendant "participated in the day-to-day operations of the Restaurant, making all business decisions, including the amount of salary the employees were to receive and the number of hours they were to work"

Summary of this case from Yu Peng Lu v. Nisen Sushi of Commack, LLC

Opinion

17-CV-3316 (PKC) (CLP)

02-28-2018

CARLOS PIEDRA, individually and on behalf of all other employees similarly situated, Plaintiffs, v. ECUA RESTAURANT, INC. d/b/a "La Bamba Restaurant," BLANCA O GUALLPA, a/k/a "Blanca Chauca," LOUIS PEREZ, and DAVID SIGCHA, Respondents.


MEMORANDUM & ORDER :

On January 31, 2018, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation (Dkt. 23), in which she recommended that Plaintiff be awarded a total of $140,122.63 in damages (id. at 44). This Court respectfully modifies the exceedingly thorough Report and Recommendation ("Report") and awards Plaintiff a total of $242,303.89 in damages.

STANDARD OF REVIEW

A court may accept, reject, or modify, in whole or in part, the findings or recommendations made by a magistrate judge. See Fed. R. Civ. P. 72(b)(3); Grassia v. Scully, 892 F.2d 16, 19 (2d Cir. 1989). A court may accept those portions of a report to which no specific, written objection is made, as long as the factual and legal bases supporting the findings are not clearly erroneous. See Ramirez v. United States, 898 F.Supp.2d 659, 663 (S.D.N.Y. 2012). No objections have been filed in this case.

DISCUSSION

The Court modifies the Report as follows:

Table 1: Piedra's Modified Overtime Wages

See Dkt. 23 at 28 for the Report's calculation.


Period

HourlyWageRate Paid

OvertimeWage Rate

Hours ofOvertime PerWeek

Number ofWeeks inPeriod

OvertimeOwed forthe Period

11/9/15-5/9/16

$20.00

$30.00

48

26

$37,440.00

5/10/16-1/31/17

$22.50

$33.75

48

38

$61,560.00

2/1/17-5/9/17

$13.00

$19.50

18

14

$4,641.00

Total Overtime Owed:

$103,641.00


Table 2a: Piedra's Modified Spread of Hours Wages

See id. at 29 for the Report's calculation.


Period

NYLL Min.Wage

No. of DaysWorked Over10 Hours

No. of Weeksin Period

Total SOHOwed forPeriod

11/9/15-12/30/15

$8.75

6

7.4

$388.50

12/31/15-12/30/16

$9.00

6

52

$2,808.00

12/31/16-1/31/17

$9.70

6

4.6

$267.72

2/1/17-5/9/17

$9.70

2

14

$271.60

Total Spread of HoursPay Owed:

$3,735.82


Modified Total Damages Owed to Plaintiff

See id. at 44 for the Report's calculation. --------


Claim

Amount Owed to Plaintiff Piedra

Unpaid Overtime

$103,641.00

Unpaid Spread of Hours

$3,735.82

Wage Notice Damages

$5,000.00

Wage StatementDamages

$5,000.00

Liquidated Damages

$107,376.82

Pre-Judgment Interest

$14,350.25

Attorney's Fees

$2,800.00

Costs

$400.00

Total

$242,303.89

CONCLUSION

The Court has reviewed the Report and adopts the Recommendations with the exception of the modifications described above. Accordingly, it is hereby ORDERED that Plaintiff is awarded $242,303.89 in damages. The Clerk of Court is respectfully requested to enter judgment and close the case accordingly.

SO ORDERED.

/s/ Pamela K . Chen

Pamela K. Chen

United States District Judge Dated: February 28, 2018

Brooklyn, New York


Summaries of

Piedra v. Ecua Rest., Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Feb 28, 2018
17-CV-3316 (PKC) (CLP) (E.D.N.Y. Feb. 28, 2018)

finding liability against an individual defendant in a default motion, where the complaint alleged that the defendant "participated in the day-to-day operations of the Restaurant, making all business decisions, including the amount of salary the employees were to receive and the number of hours they were to work"

Summary of this case from Yu Peng Lu v. Nisen Sushi of Commack, LLC

reducing the fees billed for "administrative tasks" such as "printing and filing papers with the Court."

Summary of this case from Yu Peng Lu v. Nisen Sushi of Commack, LLC
Case details for

Piedra v. Ecua Rest., Inc.

Case Details

Full title:CARLOS PIEDRA, individually and on behalf of all other employees similarly…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Feb 28, 2018

Citations

17-CV-3316 (PKC) (CLP) (E.D.N.Y. Feb. 28, 2018)

Citing Cases

Yu Peng Lu v. Nisen Sushi of Commack, LLC

I find that Plaintiff established individual liability against Defendant Lam as his employer by alleging that…

Thompson v. Hyun Suk Park

Although there is a "strong presumption that this amount represents a reasonable fee," the court may adjust…