Gamero et al v. Koodo Sushi Corp. et al
Israel Gamero, Norberto Mastranzo and Oscar Sanchez |
Koodo Sushi Corp., Raymond Koo and Michelle Koo |
1:2015cv02697 |
April 7, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
Bronx |
Katherine Polk Failla |
Fair Labor Standards Act |
29 U.S.C. ยง 201 |
None |
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Filing 80 OPINION AND ORDER re: 1 COMPLAINT: For the reasons set forth above, the Court concludes that Plaintiffs are entitled to relief under their First through Seventh Causes of Action. The Clerk of Court is directed to prepare a judgment reflecting th e Court's holding and setting forth Plaintiffs' damages as follows: Sanchez: $2,311.58 in unpaid wages under the NYLL, with 9% prejudgment interest beginning to accrue on April 9, 2012; $972.43 in liquidated damages; and & #036;2,500.00 for Defendants' violation of NYLL § 195(3). Mastranzo: $3,668.07 in unpaid wages under the NYLL, with 9% prejudgment interest beginning to accrue on July 30, 2012; $2,915.04 in liquidated damages; and $ 2,500.00 for Defendants' violation of NYLL § 195(3). Gamero: $2,535.00 in unpaid wages under the NYLL, with 9% prejudgment interest beginning to accrue on August 5, 2013; $2,535.00 in liquidated damages; $2,500.00 for Defendants' violation of NYLL § 195(1); and $2,500.00 for Defendant' violation of NYLL § 195(3). "[I]f any amounts remain unpaid upon the expiration of ninety days following issuance of judgment, or ninety day s after expiration of the time to appeal and no appeal is then pending, whichever is later, the total amount of judgment shall automatically increase by fifteen percent." NYLL § 198(4). Plaintiffs are also entitled to recover their co sts and "reasonable attorney's fees." NYLL § 663(1). Given that Plaintiffs' recovery is far smaller than they requested, the Court strongly encourages the parties to reach a mutual agreement on attorney's fees and cost s. In the event the parties cannot reach consensus, Plaintiffs are ORDERED to file a motion for fees and costs on or before October 25, 2017. Defendants shall oppose the motion on or before November 8, 2017. Plaintiffs may not file a reply brief. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/28/2017) (anc) Modified on 9/28/2017 (anc). |
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