Opinion
7:21-cv-769-KMK
07-15-2022
KARLENE ROSE, Plaintiff, v. ROBERT WILLOUGHBY and CARIB FISH MARKET & GRILL, LLC, Defendants.
[PROPOSED] DEFAULT JUDGMENT
HON. KENNETH M. KARAS, USDJ
Before the Court is a motion for default judgment by Karlene Rose ("Plaintiff) against defendant Robert Willoughby ("Defendant”), filed on June 6, 2022. This action was commenced by the filing of a summons and complaint, copies of which were properly and timely served on Defendant. Defendant did not answer or otherwise move with respect to the Complaint and the Clerk entered a certificate of default against Defendant. Plaintiff has complied with the Court's rules for securing a default judgment, including filing an order to show cause and serving all relevant papers on Defendant. Accordingly, it is hereby
ORDERED, ADJUDGED AND DECREED, that:
1. Plaintiff s motion is granted;
2. Plaintiff is awarded a default judgment against Defendant;
3. The judgment is in the amount of $93,564 which includes:
a. $16,800 for unpaid minimum wages in violation of the NYLL and $16,800 in liquidated damages;;
b. $16,000 for unpaid overtime in violation of the FLSA and the NYLL and $16,000 in liquidated damages;
c. $8,364 in interest for Defendants' failure to pay minimum wage and overtime in violation of the NYLL;
d. $9,600 for failure to pay spread of hours pay in violation of the NYLL;
e. $5,000 for violation of NYLL §195(1); and f. $5,000 for violation of NYLL §195(3).
It is further ORDERED, JUDGED AND DECREED that Plaintiff is awarded $28,620 for attorneys' fees and $1,331.51 in costs.
It is further ORDERED, JUDGED AND DECREED that Plaintiff may move for attorneys' fees and costs at a later time, as necessary, for subsequent work done on this case including without limitation enforcement of this judgment.