Gonzalez Ramirez v. Devoe Grocery Store Inc.
- Analisa Torres
- 1:19-cv-00563
- U.S. District Court · Southern District of New York
- 2
In Gonzalez Ramirez v. Devoe Grocery Store, Judge Torres adopted a damages recommendation and entered a $258,729.63 default judgment, plus post-judgment interest.
Miguel Angel Gonzalez Ramirez received the judgment. Devoe Grocery Store Inc., Genesis Grocery Store Inc., Juan C Valdez, Francis S Nunez Vargas, and Nino Doe were held jointly and severally liable for the award.
What happened
In Gonzalez Ramirez v. Devoe Grocery Store Inc., the court had previously granted Miguel Angel Gonzalez Ramirez’s request for a default judgment and sent the issue of damages to Judge Katharine H. Parker for review.
Judge Parker recommended awards under New York’s wage law for unpaid minimum and overtime wages, spread-of-hours pay, liquidated damages, wage-notice and wage-statement violations, interest, attorney’s fees, and costs. No defendant objected to that recommendation.
Judge Analisa Torres found no clear error, adopted the recommendation in full, and entered judgment holding the defendants jointly and individually responsible for a total of $258,729.63, plus post-judgment interest.
The detailed version
- Gonzalez Ramirez v. Devoe Grocery Store Inc. · No. 1:19-cv-00563
- Analisa Torres
- Oct. 2, 2020
Background
On November 25, 2019, the Court granted Plaintiff Miguel Angel Gonzalez Ramirez’s motion for a default judgment against Devoe Grocery Store Inc., Genesis Grocery Store Inc., Juan C Valdez, Francis S Nunez Vargas (also identified as Nunezvaggas), and Nino Doe. The Court referred the damages issue to Magistrate Judge Katharine H. Parker for an inquest, meaning a proceeding to determine the amount owed after the defendants failed to defend the case.
Judge Parker issued a Report and Recommendation, or R&R, on July 20, 2020. The R&R recommended the following amounts under the New York Labor Law:
- $97,762.96 for unpaid minimum wage and overtime pay; - $5,790.00 for unpaid spread-of-hours pay; - $103,552.96 in liquidated damages; - $10,000.00 in statutory damages for violations of the wage-notice and wage-statement requirements; - $34,768.71 in prejudgment interest; - $6,295.00 in attorney’s fees; and - $560.00 in costs.
The R&R also recommended post-judgment interest under 28 U.S.C. § 1961. The defendants were personally served with the R&R on July 23 and July 24, 2020, but filed no objections.
Court’s Review and Ruling
Because no objections were filed, Judge Torres reviewed the R&R for clear error and found none. She adopted the R&R in its entirety.
The Court ordered entry of judgment holding the defendants jointly and severally liable—that is, each defendant could be responsible for the full amount—to Plaintiff for:
- $217,105.92 in damages; - $34,768.71 in prejudgment interest; - $6,295.00 in attorney’s fees; and - $560.00 in costs.
The total award was $258,729.63, plus post-judgment interest under 28 U.S.C. § 1961. The Clerk of Court was directed to enter judgment and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.