Ramirez v. Cafe Royale Restaurant Inc.
- Rearden
- 1:22-cv-09684
- U.S. District Court · Southern District of New York
- 4
In Victor Ramirez v. Cafe Royale, Judge Rearden awarded Ramirez $440,675.50 plus interest after adopting a damages recommendation following Defendants’ default.
Victor Ramirez received the monetary award. Cafe Royale Restaurant Inc., Ramon Cuaya, and Jerry Cuaya were ordered to pay the award and applicable interest.
What happened
Victor Ramirez sued Cafe Royale Restaurant Inc., Ramon Cuaya, and Jerry Cuaya under federal and New York wage laws. The Defendants did not answer, appear, or oppose Ramirez’s request for a default judgment, which the Court entered in March 2024.
A magistrate judge recommended awarding Ramirez $440,675.50 for unpaid wages, overtime, spread-of-hours premiums, liquidated damages, attorneys’ fees, and costs. The recommendation also included 9% pre-judgment interest on $214,726.00 and post-judgment interest at the statutory rate. No party objected.
Judge Rearden found no clear error and adopted the recommendation in full. The Court awarded Ramirez the stated $440,675.50, ordered the interest described above, and directed the Clerk to close the case.
The detailed version
- Ramirez v. Cafe Royale Restaurant Inc. · No. 1:22-cv-09684
- Rearden
- Aug. 31, 2025
Background
Victor Ramirez brought claims under the Fair Labor Standards Act and the New York Labor Law. The defendants were Cafe Royale Restaurant Inc., Ramon Cuaya, and Jerry Cuaya. After the defendants were served, they did not answer or otherwise appear. The Clerk issued certificates of default, and Ramirez moved for a default judgment under Federal Rule of Civil Procedure 55.
On March 8, 2024, the Court entered a default judgment and referred the case to Magistrate Judge Stewart D. Aaron to determine damages. Ramirez submitted proposed findings and supporting affidavits. Judge Aaron issued a Report and Recommendation on April 23, 2024. The recommendation stated that the parties had 14 days to object and warned that failing to object would waive objections and preclude appellate review. No objections were filed.
Recommended damages
Judge Aaron recommended awarding Ramirez:
- $16,240.00 in unpaid minimum wages; - $176,928.00 in overtime wages; - $21,558.00 in unpaid spread-of-hours premiums; - $214,726.00 in liquidated damages under the New York Labor Law; - $10,640.00 in attorneys’ fees; and - $583.50 in costs.
These amounts totaled $440,675.50. The recommendation also called for 9% statutory pre-judgment interest on $214,726.00, beginning May 26, 2019, through entry of judgment. It further recommended post-judgment interest at the rate provided by federal law.
Court’s review and ruling
Because no party objected, the Court reviewed the Report and Recommendation for clear error, meaning a clear mistake apparent from the record. The Court stated that the defendants waived judicial review by failing to object after receiving the stated warning. The Court nevertheless reviewed the recommendation and found no clear error.
Judge Rearden adopted Judge Aaron’s Report and Recommendation in full. The Court awarded Ramirez $440,675.50 in actual and liquidated damages, attorneys’ fees, and costs; awarded pre-judgment interest on $214,726.00 at the statutory 9% rate; and awarded post-judgment interest at the rate prescribed by 28 U.S.C. § 1961. The Clerk was directed to close the case after judgment was entered.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.