Gao v. Savour Sichuan Inc.
- John Cronan
- 1:19-cv-02515
- U.S. District Court · Southern District of New York
- 3
Gao v. La Vie, Judge Cronan adopted damages and fee recommendations, entered judgment, and terminated the case.
Xiaochun Gao receives the damages, attorneys’ fees, and costs specified in the adopted recommendation. La Vie En Szechuan Restaurant Corp. and Yi Zhang are subject to the judgment and specified damages. The defendants who appeared at trial are responsible for the allocated attorneys’ fees and costs. The case was terminated.
What happened
In Gao v. La Vie En Szechuan Restaurant Corp., Xiaochun Gao sued several corporate and individual defendants under federal and New York wage laws. After a bench trial and a later default-judgment hearing, the court found some defendants liable and dismissed claims against others.
Magistrate Judge Katherine H. Parker recommended damages against Yi Zhang and La Vie En Szechuan Restaurant Corp., along with attorneys’ fees and costs divided between Zhang and the defendants who had appeared at trial. No party objected to the recommendation before the deadline.
Judge John P. Cronan reviewed the recommendation and adopted it in its entirety. He directed the Clerk to enter judgment for Gao against La Vie En Szechuan Restaurant Corp. and Zhang consistent with the order and recommendation, and directed that the case be terminated.
The detailed version
- Gao v. Savour Sichuan Inc. · No. 1:19-cv-02515
- John Cronan
- Jan. 7, 2025
Background
Xiaochun Gao brought claims under the Fair Labor Standards Act and the New York Labor Law against Savour Sichuan, Inc., The Best Sichuan, Inc., La Vie En Szechuan Restaurant Corp., and individual defendants Dongmei Wei, Weimin Hong, Xiaoman Duan, Jie Fang, and Yi Zhang.
The court held a three-day bench trial from July 17 through July 19, 2023, on Gao’s claims against Savour Sichuan, The Best Sichuan, Wei, Hong, Duan, and Fang. The court found Savour Sichuan, Wei, and Hong partly liable, awarded Gao damages against them, and dismissed Gao’s claims against The Best Sichuan, Duan, and Fang.
On July 18, 2024, the court held a hearing on Gao’s request for a default judgment against La Vie En Szechuan Restaurant Corp. and Zhang. The court found liability on certain claims and referred the case to Magistrate Judge Katherine H. Parker for an inquiry into damages against those defendants and for recommendations on Gao’s request for attorneys’ fees against both the defendants who appeared at trial and the defaulted defendants.
Report and Recommendation
On December 18, 2024, Judge Parker recommended that Zhang be held liable for $26,725.92, and that Zhang and La Vie En Szechuan Restaurant Corp. be held liable for $42.00. She also recommended an award of $32,475.50 in attorneys’ fees and $546.25 in costs. The recommendation allocated 75% of the attorneys’ fees and all costs to the defendants who appeared at trial, and 25% of the attorneys’ fees to Zhang, with Zhang responsible for none of the costs.
The recommendation explained that Gao had fourteen days after service to object and that the defendants had seventeen days. No objections were filed, and the deadlines passed. The court stated that the parties therefore waived their right to object to the recommendation or obtain appellate review.
Ruling
Notwithstanding the waiver, Judge John P. Cronan conducted an independent review of the Report and Recommendation. He found it well reasoned and its conclusions well founded, and adopted it in its entirety.
The court directed the Clerk to enter judgment in favor of Gao against La Vie En Szechuan Restaurant Corp. and Yi Zhang consistent with the order and the Report and Recommendation. The court also directed the Clerk to terminate the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.