Garcia et al v. Saigon Grill Inc. et al
| Isidro Garcia and Eliazar Valentin |
| Saigon Grill Inc., Simon Nget and Chris Pizzimenti |
| 1:2015cv09433 |
| December 1, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Vernon S. Broderick |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
124
CLERK'S JUDGMENT re: 123 Order Adopting Report and Recommendations in favor of Isidro Garcia against Saigon Market LLC, Hau Nguyen, Johnathan Nguyen; in favor of Eliazar Valentin against Saigon Market LLC, Hau Nguyen, Johnathan Nguyen; in favor of Fermin Quiche against Saigon Market LLC, Hau Nguyen, Johnathan Nguyen; in favor of Eliazar Valentin, Fermin Quiche, Isidro Garcia against Saigon Market LLC, Hau Nguyen, Johnathan Nguyen in the amount of $83,930.27. It is hereb y ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Amended Opinion and Order dated April 25, 2022, the Amended Opinion and Order shall supersede the Courts prior Opinion and Order at Docket Entry 122. Magistrate Judge Cave's report is ADOPTED IN PART and MODIFIED IN PART. Accordingly, (1) Plaintiff Garcia is awarded $39,684.97 in damages, comprised of: (i) $9,105.06 in unpaid minimum wages, (ii) $3,702.33 in unpaid overtime wages, (iii) 6;12,807.39 in liquidated damages, (iv) $8,598.88 in prejudgment interest, and (v) $7,500 in statutory damages; (2) Plaintiff Valentin is awarded $6,933.82 in damages, comprised of: (i) $2,112.00 in unpaid minimum wages, (ii) &# 036;204.45 in unpaid overtime wages, (iii) $2,316.45 in liquidated damages, (iv) $1,526.08 in prejudgment interest, and (v) $1,000 in statutory damages; (3) Plaintiff Quiche is awarded $17,314.73 in damages, comprised of: (i) &# 036;5,933.04 in unpaid minimum wages, (ii) $111.57 in unpaid overtime wages, (iii) $6,044.61 in liquidated damages, (iv) $3,731.94 in prejudgment interest, and (v) $2,500 in statutory damages; and (4) Plaintiffs are awarded atto rneys' fees in the amount of $19,531.75 and costs in the amount of $465.00, with post-judgment interest pursuant to 28 U.S.C. § 1961; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 4/25/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
122
OPINION & ORDER for 109 Report and Recommendations,,,, For the reasons stated above, I hereby ADOPT IN PART and MODIFY IN PART Magistrate Judge Cave's Report. Accordingly, (1) Plaintiff Garcia is awarded $39,684.97 in dam ages, comprised of: (i) $9,105.06 in unpaid minimum wages, (ii) $3,702.33 in unpaid overtime wages, (iii) $12,807.39 in liquidated damages, (iv) $8,598.88 in prejudgment interest, and (v) $7,500 in statutory damages; (2) Pl aintiff Valentin is awarded $6,933.82 in damages, comprised of: (i) $2,112.00 in unpaid minimum wages, (ii) $204.45 in unpaid overtime wages, (iii) $2,316.45 in liquidated damages, (iv) $1,526.08 in prejudgment interest, a nd (v) $1,000 in statutory damages; (3) Plaintiff Quiche is awarded $17,314.73 in damages, comprised of: (i) $5,933.04 in unpaid minimum wages, (ii) $111.57 in unpaid overtime wages, (iii) $6,044.61 in liquidated damages, (iv) $3,731.94 in prejudgment interest, and (v) $2,500 in statutory damages; and (4) Plaintiffs are awarded attorneys' fees in the amount of $19,531.75 and costs in the amount of $465.00. The Clerk of Court is respectfully d irected to (1) terminate any open motions, (2) enter judgment in accordance with this Order, (3) calculate the post-judgment interest owed consistent with the rate set by 28 U.S.C. § 1961, and (4) close this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/21/2022) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing
100
OPINION & ORDER re: 83 MOTION for Summary Judgment filed by Eliazar Valentin, Fermin Quiche, Isidro Garcia, 78 FIRST MOTION for Summary Judgment Notice of Motion filed by Hau Nguyen, Johnathan Nguyen, Saigon Marke t LLC. For the reasons stated above, Defendants' motion for summary judgment and Plaintiffs' cross-motion for partial summary judgment are each GRANTED IN PART and DENIED IN PART. Specifically, summary judgment is granted in favor of Pla intiffs with respect to liability on Plaintiffs' minimum wage and overtime claims under the FLSA, 29 U.S.C. §§ 206(a) and 207(a), and under N.Y. Lab. L. § 652(1) and 12 N.Y.C.R.R. § 1461.4; however, because I find that Def endants' violations were not willful, Plaintiffs' FLSA claims are subject to a two-year statute of limitations. Summary judgment is also granted in favor of Plaintiffs with respect to Plaintiffs' claims for failure to provide adequa te annual notice of wages under N.Y. Lab. L. § 195(1) and Plaintiff Garcia's claim for failure to provide proper weekly wage statements under N.Y. Lab. L. § 195(3). Summary judgment is granted in favor of Defendants with respect to Plaintiffs' claims for spread of hours violations under 12 N.Y.C.R.R. § 1461.6, and for the recovery of equipment costs pursuant to 29 C.F.R. § 531.35 and 12 N.Y.C.R.R. § 1462.7(c). The parties' respective motions for summa ry judgment are otherwise denied. Because Plaintiffs have not attempted to prove the extent of their damages on their minimum wage and overtime claims, I grant summary judgment on those claims as to liability only. I will refer the matter to a Uni ted States Magistrate Judge for a damages inquest as to those claims, with the instruction that Plaintiffs are entitled to liquidated damages under the FLSA or the NYLL, as applicable, but not to be awarded cumulatively. As to Plaintiffs' N.Y . Lab. L. §§ 195(1) claims for failure to provide adequate annual wage notices, Plaintiffs have established that Garcia and Quiche are each entitled to $2,500 in statutory damages, plus reasonable costs and attorney's fees, whi le Valentin is entitled to $1,000 in statutory damages, plus reasonable costs and attorney's fees. In addition, Garcia has established that he is entitled to $5,000 in statutory damages, plus reasonable costs and attorney's fees , for Defendants' violations of N.Y. Lab. L. § 195(3). An Order of Reference for a damages inquest and determination of reasonable attorney's fees will issue shortly. The Clerk of Court is respectfully directed to terminate the motions pending at Documents 78 and 83. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/24/2019) (rro) Modified on 9/24/2019 (rro).
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