Zarate v. New Green Emporium Corp.
- Vyskocil
- 1:17-cv-00670
- U.S. District Court · Southern District of New York
- 2
In Zarate v. New Green Emporium Corp., Judge Vyskocil entered default judgment against Jun Kyu Kim for wages, damages, fees, and costs.
Luis Zarate obtained a final judgment against Jun Kyu Kim. The other defendants were dismissed after entering into a settlement, and the judgment against Kim was reduced by a $22,000 settlement offset.
What happened
In Zarate v. New Green Emporium Corp., Luis Zarate sought judgment against Jun Kyu Kim in a wage case after the other defendants settled and the court dismissed the case against them.
Jun Kyu Kim did not appear at the scheduled hearing or oppose the request, even after receiving the court’s order and supporting papers. The clerk had previously recorded Kim’s failure to respond.
Judge Mary Kay Vyskocil granted default judgment against Kim and awarded $98,597.76 in damages, plus $12,952.05 in attorneys’ fees and costs, interest, and a possible 15% increase if the judgment remained unpaid under the order’s conditions. The judgment was reduced by a $22,000 settlement offset, and the case was closed.
The detailed version
- Zarate v. New Green Emporium Corp. · No. 1:17-cv-00670
- Vyskocil
- Sept. 11, 2020
Background
Luis Zarate sued New Green Emporium Corp., doing business as Green Emporium, and Hyoun Ah Kim, Jun Kyu Kim, and Hyon Chon Song. The opinion describes the matter as a case under the Fair Labor Standards Act, a federal wage law. After a fairness hearing, the Court approved a settlement and dismissed the case as to all defendants except Jun Kyu Kim, who was not part of the settlement agreement.
On August 28, 2020, the Clerk of Court issued a Certificate of Default as to Jun Kyu Kim. Zarate moved for default judgment that same day. The Court then ordered Kim to appear at a default-judgment hearing and to explain why judgment should not be entered. Zarate served Kim with that order, the motion, and supporting papers on September 1, 2020. At the September 11 hearing, Zarate appeared through counsel, but no one appeared for Kim.
Ruling
The Court granted default judgment in favor of Zarate against Jun Kyu Kim. The order awarded $98,597.76 in damages, consisting of:
- $44,298.88 in unpaid wages; - $44,298.88 in liquidated damages under New York Labor Law § 663(1); and - $10,000 in statutory damages under New York Labor Law § 198(1-b) and (1-d).
The award also included prejudgment interest at 9% from December 1, 2013, attorneys’ fees and costs of $12,952.05, and post-judgment interest under 28 U.S.C. § 1961. The judgment was subject to a $22,000 offset for amounts paid under the settlement agreement with the other defendants.
Under the order, if any amount remained unpaid 90 days after the judgment was issued—or 90 days after the appeal period ended if no appeal was pending, whichever was later—the total judgment would automatically increase by 15%, pursuant to New York Labor Law §§ 198(4) and 663(4). The Court ordered entry of a final judgment against Jun Kyu Kim and directed the Clerk to close the case.
Classification
This is a procedural order under the stated classification rules because the judgment followed Kim’s nonappearance and default rather than an adversarial decision testing the underlying wage claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.