Reyes Silva et al v. Legend Upper West LLC et al
| Jacinto Reyes Silva, Panfilo Espinobarros, Salvador Reyes Silva, Sergio Candia, Sixto Galindo and Victoriano Rogelio |
| Legend Upper West LLC, Min Xing Wang and Dinggen Wang |
| 1:2016cv03552 |
| May 12, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul G. Gardephe |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
153
AMENDED JUDGMENT: It is hereby ORDERED, ADJUDGED, AND DECREED: Defendants Min Xing Wang, Dinggen Wang, and Legend Upper West LLC ( d/b/a Legend Upper West) are jointly and severally liable for $449,023.20 in damages, owed to Plaintiffs in the following amounts: (1) $115,044.64 to Plaintiff J. Silva; (2) $146,102.04 to Plaintiff S. Silva; (3) $80,016.12 to Plaintiff Candia; (4) $66,160 to Plaintiff Galindo; and (5) $41,700.40 to Plaintiff Rogelio. Defendants Min Xing Wang, Dinggen Wang, and Legend Upper West LLC (d/b/a Legend Upper West) are jointly and severally liable for $110,520.17 in pre-judgment interest, owed to Plaintiffs in the following amounts: (1) $28,879.23 to Plaintiff J. Silva; (2) $40,145.68 to Plaintiff S. Silva; (3) $18,550.03 to Plaintiff Candia; (4) $14,742 to Plaintiff Galindo; and (5) $8,203.23 to Plaintiff Rogelio. Post-judgment interest is awarded using the federal rate set forth in 28 U.S.C. 67; 1961, calculated from the date of this Amended Judgment until the date of payment. Plaintiffs are awarded $41,905 in attorneys' fees and $5,293.90 in costs. If any amounts remain unpaid upon the expiration of ninety days follow ing issuance of this Amended Judgment, or ninety days after expiration of the time to appeal and no appeal is then pending, whichever is later, then the total amount of judgment shall automatically increase by fifteen percent, as required by New York Labor Law § 198(4). (Signed by Judge Paul G. Gardephe on 8/18/2023) (ate)
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Filing
138
ORDER: As discussed at the October 11, 2022 Case Management Conference, by Thursday, November 10, 2022, Plaintiffs shall submit a renewed motion and accompanying memo of law in support of Plaintiffs' request that the defaulting defendant s be held in joint and several liability with the appearing defendants, who were found liable for certain damages after trial, as well as for liquidated damages. Plaintiffs' submission should include a proposed form of judgment. SO ORDERED. ( Motions due by 11/10/2022.) (Signed by Magistrate Judge Katharine H. Parker on 10/11/2022) (vfr)
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Filing
136
ORDER SCHEDULING STATUS CONFERENCE: A Status Conference in this matter is hereby scheduled for Tuesday, October 11, 2022 at 10:30 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. ( Status Conference set for 10/11/2022 at 10:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/30/2022) (vfr)
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Filing
135
CLERK'S JUDGMENT re: 133 Order Adopting Report and Recommendations in favor of Jacinto Reyes Silva against Legend Upper West LLC, Dinggen Wang; in favor of Salvador Reyes Silva against Legend Upper West LLC, Dinggen Wang; in favor of Serg io Candia against Legend Upper West LLC, Dinggen Wang; in favor of Sixto Galindo against Legend Upper West LLC, Dinggen Wang; in favor of Victoriano Rogelio against Legend Upper West LLC, Dinggen Wang; in favor of Jacinto Reyes Silva, Salvador Rey es Silva, Sergio Candia, Sixto Galindo, Victoriano Rogelio against Legend Upper West LLC, Dinggen Wang in the amount of $157,719.07. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated Sept ember 22, 2022, the R&R is adopted in its entirety and pre-judgment interest is awarded in the following amounts: (1) $28,879.23 to Plaintiff J. Silva; (2) $40,145.68 to Plaintiffs. Silva; (3) $18,550.03 to Plaintiff Candia; (4) � 36;14,742 to Plaintiff Galindo; and (5) $8,203.23 to Plaintiff Rogelio. Post-judgment interest is awarded using the federal rate set forth in 28 U.S.C. § 1961, calculated from the date the Clerk of Court enters judgment in this action until the date of payment. Plaintiffs are awarded $41,905 in attorneys' fees and $5,293.90 in costs; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/27/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
133
ORDER for 129 Report and Recommendations,,,, For the reasons stated above, the R&R is adopted in its entirety and pre-judgment interest is awarded in the following amounts: (1) $28,879.23 to Plaintiff J. Silva; (2) $40,145.68 to Pla intiffs. Silva; (3) $18,550.03 to Plaintiff Candia; (4) $14,742 to Plaintiff Galindo; and (5) $8,203.23 to Plaintiff Rogelio. Post-judgment interest is awarded using the federal rate set forth in 28 U.S.C. § 1961, calculated from the date the Clerk of Court enters judgment in this action until the date of payment. Plaintiffs are awarded $41,905 in attorneys' fees and $5,293.90 in costs. The Clerk of Court is directed to enter judgment, and to close this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/22/2022) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing
127
ORDER CONVERTING INQUEST HEARING TO TELEPHONIC CONFERENCE: The Inquest Hearing in this matter scheduled for Thursday, January 6, 2022, at 2:00 p.m. is hereby converted to a telephonic conference. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. So Ordered. (Telephone Conference set for 1/6/2022 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/22/2021) (js)
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Filing
123
ORDER granting 122 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The Inquest Hearing in this matter scheduled on Wednesday, December 8, 2021 at 10:00 a.m in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New Yo rk is hereby rescheduled to Thursday, January 6, 2022 at 2:00 p.m. Plaintiff shall promptly serve a copy of this order on defendants and file an affidavit of service with the court. Application Granted. ( Inquest Hearing set for 1/6/2022 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/8/21) (yv)
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Filing
112
ORDER granting 111 Letter Motion for Extension of Time to File. APPLICATION GRANTED.. (Signed by Magistrate Judge Katharine H. Parker on 10/28/2021) (kv)
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Filing
109
ORDER granting 105 Letter Motion for Extension of Time to File. The application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/23/2021) (tg)
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Filing
104
ORDER granting 103 Letter Motion for Extension of Time to File. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/20/2021) (ks)
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Filing
102
INQUEST ORDER: This case has been referred to me for a damages inquest after default requiring a report and recommendation. (Doc. No. 101.) By October 28, 2021, Plaintiff is directed to serve and file an inquest memorandum, accompanied by support ing affidavits and exhibits setting forth proof of damages, including the costs of this action, Plaintiff's reasonable attorneys' fees, and proposed findings of fact and conclusions of law. All proposed findings of fact must be supported by admissible evidence introduced through affidavit. All proposed findings of law must be supported by reference to applicable law. Claims for actual or statutory damages must be specified and supported with admissible evidence. Claims for attorn eys' fees and costs must be supported by detailed attorney time records and evidence of costs (such as receipts or evidence of paid invoices) introduced through an attorney declaration. By no later than October 28, 2021, Plaintiff shall ser ve a copy of its inquest papers, as set forth in paragraph one above, along with a copy of this Order, via a method intended to ensure delivery to Defendant (including service at Defendant's principal place of business). Plaintiff shall fi le an affidavit of service of the inquest papers and this Order with the Court. Defendant shall have until November 29, 2021 to object or otherwise respond to Plaintiff's Motion for a Default Judgment and application for damages. Defendant must file any objections or response with the Court and serve the response and/or objections on Plaintiff's counsel. A hearing will take place on Wednesday, December 8, 2021 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pe arl Street, New York, New York. Counsel for the parties shall be prepared to answer questions and provide testimony, as appropriate, on the damages application. SO ORDERED. ( Responses due by 11/29/2021, Status Conference set for 12/8/2021 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/15/2021) (vfr)
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Filing
100
ORDER: For the reasons stated below, the Court finds in favor of Plaintiffs as to all claims except for the claim for violation of the unauthorized deduction provisions of the NYLL. Defendant Wang is liable for $449,076 in damages, owed to P laintiffs in the following amounts: (1) $115,044.64 to Plaintiff J. Silva; (2) $146,154.84 to Plaintiff S. Silva; (3) $80,016.12 to Plaintiff Candia; (4) $66,160 to Plaintiff Galindo; and (5) $41,700.40 to Plaintiff Rogelio. Plaintiffs and Defendant will address pre-judgment interest and attorneys' fees and costs on the schedule set forth above. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/13/2021) (ks)
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