Collado v. Donnycarney Restaurant L.L.C. et al
| Ramon Collado |
| Donnycarney Restaurant L.L.C., Clonmel Restaurant Corp., Portmarnock Restaurant Corp., Connemara Restaurant Corp., Pier 45 Rest. Inc., GBL Restaurant Corp. and Paul Desmond Hurley |
| 1:2014cv03899 |
| May 30, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| George B. Daniels |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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| Document Text |
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Filing
35
MEMORANDUM DECISION AND ORDER for 29 Motion for Miscellaneous Relief filed by Ramon Collado, 34 Report and Recommendations. For the reasons provided in the Report, Defendants DonnyCarney Restaurant L.L.C. and Paul Desmond Hurley are jointly a nd severally liable to Plaintiff in the amount of $84,657.58, plus pre-judgment interest beginning on August 11, 2015 through the date of Judgment, followed by post-judgment interest to be calculated by the Clerk of the Court in accordance with 28 U.S.C. § 1961 (b). The Report correctly determined that no damages should be assessed against the other named defendants because "there is no legal basis for concluding that the other restaurant defendants are plaintiffs employers and no legal basis for assessing damages against them." (Id. at 37; see also id. at 36, 38.) The default judgment is therefore vacated as to the following defendants: Clonmel Restaurant Corp.; Portmarnock Restaurant Corp.; Connemara Restaurant Corp.; Pier 45 Restaurant Inc.; and GBL Restaurant Corp. The Clerk of the Court is instructed to close the motion at ECF No. 29 and this case. (As further set forth in this Order.) (Signed by Judge George B. Daniels on 8/10/2015) (kko)
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