Pelgrift et al v. 355 W, 51st Tavern Inc. et al
| Patrizia Pelgrift, Iryna Lutsenko and Valeriya Kolisnyk |
| 355 W, 51st Tavern Inc. and David Sheeran |
| 1:2014cv08934 |
| November 10, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Employment |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
98
MEMORANDUM OPINION & ORDER adopting Report and Recommendation for 82 Motion for Judgment, Motion for Attorney Fees filed by Valeriya Kolisnyk, Iryna Lutsenko, Patrizia Pelgrift, 92 Report and Recommendations. For the reasons that follow, the Court OVERRULES Defendants' objections, OVERRULES in part and GRANTS in part Plaintiffs' objections, and ADOPTS in part the R&R. For the foregoing reasons, the Court accepts in part Plaintiffs' objections with respect to damages for emotional distress, attorneys' fees, and costs. It rejects the balance of the parties' objections, and adopts the remainder of the R&R. Plaintiffs are therefore entitled to the following damages. Plaintiff Pelgrift is entitled to &# 036;20,000 in emotional distress damages and $10,000 in punitive damages. Plaintiffs Kolisnyk and Lutsenko are each entitled to $40,000 in emotional distress damages and $20,000 in punitive damages. Finally, Plaintiffs' attorneys are entitled to $13,608.75 in fees and $2,963 in costs. Because Plaintiffs indicated that they are not seeking prejudgment interest, see Dkt. No. 82 at 21-22, R&R at 2 n.l, none will be awarded. This resolves all pending matters, inclu ding Dkt. No. 82. The Clerk of Court is respectfully directed to enter judgment in accordance with this Opinion and to close this case. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/30/2018) (anc) Transmission to Orders and Judgments Clerk for processing. Modified on 10/1/2018 (anc).
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Filing
53
MEMORANDUM AND ORDER. For the foregoing reasons, Plaintiffs' motion to strike Defendants' Answer is GRANTED. As a result, Defendants are in default. See Oscar De La Renta Ltd. v. Strelitz Ltd., No. 92-CV-3907 (CES), 1993 WL 267341, at *1 (S .D.N.Y. July 12, 1993). The Court will set a schedule for Plaintiffs to file for default judgment by separate order. The final pretrial conference currently scheduled for March 4, 2016 and the trial currently scheduled to commence March 14, 2016 are adjourned sine die. This resolves Dkt. Nos. 35, 36, 38. Denying 35 FIRST LETTER MOTION for Extension of Time to complete a deposition addressed to Judge Alison J. Nathan from Louis F. Chisari dated 11/11/15; Terminating 36 LETTER MOTION for Exten sion of Time to File Response/Reply as to 35 FIRST LETTER MOTION for Extension of Time to complete a deposition addressed to Judge Alison J. Nathan from Louis F. Chisari dated 11/11/15; Granting 38 Motion for Sanctions. (Signed by Judge Alison J. Nathan on 2/23/2016) (rjm)
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