Perez v. 50 Food Corp.
- Analisa Torres
- 1:17-cv-07837
- U.S. District Court · Southern District of New York
- 2
Perez v. 50 Food Corp.: Judge Torres adopted the recommendation and entered a $90,370.15 judgment for plaintiffs, plus additional interest.
Esteban Perez, Felipe Galindo, Delfino Lopez, and the other plaintiffs received a monetary judgment against 50 Food Corp. and the other defendants; the defendants were held jointly and severally liable for the damages.
What happened
In Perez v. 50 Food Corp., the court considered a report and recommendation after receiving no objections from the parties. The court reviewed it for clear error and found none.
The court adopted the recommendation in full and entered judgment awarding the plaintiffs $66,490.15 in damages against both defendants jointly and severally. The award included unpaid overtime wages, state-law damages, and prejudgment interest.
Judge Torres also awarded $23,880 in attorney’s fees and costs, for an aggregate judgment of $90,370.15, plus specified additional interest, and directed the Clerk of Court to close the case.
The detailed version
- Perez v. 50 Food Corp. · No. 1:17-cv-07837
- Analisa Torres
- Jan. 2, 2020
Background
The court acted on a report and recommendation prepared by Judge Barbara Moses. The opinion states that no objections were filed. The court therefore reviewed the recommendation for clear error—meaning an obvious mistake—and found none.
Ruling
The court adopted the report and recommendation in its entirety and entered judgment for the plaintiffs. It awarded $66,490.15 in total damages against both defendants jointly and severally. The damages were allocated as follows:
- Esteban Perez: $25,374.62, including $8,010.15 in unpaid overtime wages, $8,010.15 in state-law liquidated damages, $5,000 in state-law statutory damages, and $4,354.32 in prejudgment interest. The award also included additional prejudgment interest of $1.98 per day from December 4, 2019, through entry of final judgment. - Felipe Galindo: $15,740.91, including $4,127.21 in unpaid overtime wages, $4,127.21 in state-law liquidated damages, $5,000 in state-law statutory damages, and $2,486.49 in prejudgment interest. The award also included additional prejudgment interest of $1.02 per day from December 4, 2019, through entry of final judgment. - Delfino Lopez: $25,374.62, including $8,010.15 in unpaid overtime wages, $8,010.15 in state-law liquidated damages, $5,000 in state-law statutory damages, and $4,354.32 in prejudgment interest. The award also included additional prejudgment interest of $1.98 per day from December 4, 2019, through entry of final judgment.
The court also awarded the plaintiffs $23,880 in attorney’s fees and costs. It stated that the aggregate judgment was $90,370.15, plus the additional interest described above, and directed the Clerk of Court to close the case.
Effect of the Order
The order resolved the case by entering the stated monetary judgment and closing the case. Judge Analisa Torres signed the order on January 2, 2020. The opinion itself does not include the underlying report and recommendation, so it does not explain the factual or legal analysis supporting the damages award beyond adopting that recommendation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.