Dominguez et al v. 322 Restaurant Corp. et al
Elba Dominguez, Joel Martinez, Pablo Martinez, Jose Ricardo Martinez-Cayetano, Elizabeth Tigre and Robert Vasquez |
322 Restaurant Corp. and Vincent Mustazza |
1:2014cv03643 |
May 21, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Ronnie Abrams |
Fair Labor Standards Act |
15 U.S.C. ยง 2 |
Plaintiff |
Available Case Documents
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Filing 67 MEMORANDUM OPINION & ORDER re: 64 MOTION for Attorney Fees and costs. filed by Donaciano Cruz-Caballero, Joel Martinez, Elizabeth Tigre, Robert Vasquez, Elba Dominguez, Jose Ricardo Martinez-Cayetano, Pablo Martinez. Plaintiffs 039; counsel seek reimbursement for costs totaling $574.60: $400 for the court filing fee, $155 for service of process, and $19.60 for postage and case record fees. The filing fee is reflected on the Court's docket, Plain tiffs have provided receipts for the costs of serving Defendants, and Mr. Scherr has attested under penalty of perjury as to the accuracy of the postage and case record fees. The Court thus awards costs in the amount of $574.60. For the forego ing reasons, Plaintiffs' motion for attorneys' fees and costs is granted for a total amount of $21,013.10. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 64 and to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/9/2019) (rj) |
Filing 62 ORDER for 61 Report and Recommendations. The Court has reviewed the Report for clear error. See Galeana v. Lemongrass on Broadway Corp., 120 F. Supp. 3d 306, 310 (S.D.N.Y. 2014). The Court hereby enters judgment against Defendants for the amounts s tated in the thorough, well-reasoned Report, with two exceptions: (1) the amount of spread-of-hour damages owed to Mr. Cruz-Caballero shall be reduced from $5973.95 to $5973.87 to remedy a calculation error in adding the sub-amounts of spre ad-of-hour damages owed for the various discrete time periods and (2) the amount of overtime premium damages owed to Mr. Vasquez shall similarly be reduced from $5412.39 to $5121.97, as the Report mistakenly indicates that the pay period fr om April 1st to April 14th of 2014 consisted of four, rather than two, weeks. These changes have the effect of reducing the overall awards as follows: Mr. Cruz-Caballero is owed $118,449.72 and Mr. Vasquez $17,369.56. The overall damages ow ed to all plaintiffs is thus reduced from $749,902.17 to $749,611.67. The parties' failure to file written objections, after Judge Pitman warned that such failure would result in a waiver of objections for the purposes of appeal, precl udes appellate review. See Caidor v. Onondaga Cty., 517 F.3d 601, 604 (2d Cir. 2008). Plaintiffs have until August 31, 2018 to move for attorney's fees and costs. SO ORDERED. (Motions due by 8/31/2018.) (Signed by Judge Ronnie Abrams on 7/25/2018) (mml) |
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