Lin v. Grand Sichuan 74 st Inc.
- Ronnie Abrams
- 1:15-cv-02950
- U.S. District Court · Southern District of New York
- 9
In Lin v. Grand Sichuan 74 st Inc., Judge Abrams adopted the damages report, granted fees at $47,177, awarded costs and damages, and closed the case.
The plaintiffs received the court-approved damages, attorneys’ fees, and costs. The remaining defendants were subject to entry of judgment for those amounts, while the court did not address an unfiled request to vacate the default judgment.
What happened
In Lin v. Grand Sichuan 74 st Inc., former restaurant employees sued the restaurant’s purported owners, operators, or managers under the Fair Labor Standards Act and New York Labor Law. The court had already entered a default judgment on most claims and sent the case to a magistrate judge to determine damages and litigation expenses.
The defendants objected to the recommended damages and attorneys’ fees, and also mentioned that they might seek to undo the default judgment, but they had not filed that request. The court rejected all but one objection. It found that some requested attorney time involved correcting earlier errors and reduced the recommended fee award by $6,504, from $53,681 to $47,177.
Judge Abrams adopted the magistrate judge’s report with that modification, granted the plaintiffs’ fee motion with attorneys’ fees set at $47,177, awarded $2,368.80 in costs, entered the listed damages awards, directed judgment against the remaining defendants, and closed the case.
The detailed version
- Lin v. Grand Sichuan 74 st Inc. · No. 1:15-cv-02950
- Ronnie Abrams
- Feb. 11, 2021
Background
The plaintiffs, identified as Yunjian Lin, Young Jun Li, Wei Wei Ding, Li Weng, Wei Ting Zhao, Yuhai Zhu, Youmin Shen, and Miao Wang, were former employees of Grand Sichuan 74. They sued the restaurant’s purported owners, operators, or managers, alleging violations of the Fair Labor Standards Act and New York Labor Law, among other claims.
In July 2019, the court granted the plaintiffs’ motion for default judgment on most claims and referred the case to Magistrate Judge Fox for an assessment of damages. Judge Fox’s first report recommended awarding no damages because the plaintiffs’ initial submissions had several deficiencies. The court adopted that recommendation but gave the plaintiffs one more opportunity to correct the problems. The plaintiffs then submitted revised findings, exhibits, affidavits, and a motion for attorneys’ fees and costs.
Objections and analysis
Judge Fox’s second report recommended $53,681 in attorneys’ fees, $2,368.80 in costs, and damages totaling the amounts listed below. Three defendants—Yong Li Li, Yong Shu Li, and Li Jiang—objected. They also asserted that they had grounds to seek relief from the default judgment, but they had not filed a motion to vacate it. The court therefore limited its review to the objections concerning damages, attorneys’ fees, and costs.
The defendants raised five objections. The court rejected their arguments that fees should not include work performed between the filing and approval of a settlement, work performed after the initial default-judgment motion, or work allegedly related to another group of defendants. It also rejected their arguments that inaccurate affidavits or dismissed claims required additional fee reductions because those objections were conclusory and did not identify a reliable basis for reducing the award.
The court sustained the objection concerning attorney time spent correcting counsel’s own errors. It identified two specific time entries and several entries related to correcting deficiencies in the plaintiffs’ first damages submission. The court reduced the recommended attorneys’ fee award by $6,504, setting the award at $47,177.
Disposition
The court adopted Judge Fox’s report with the modification to attorneys’ fees. It granted the plaintiffs’ motion for attorneys’ fees, with the award set at $47,177, and awarded $2,368.80 in costs. It assessed damages as follows:
- Lin: $191,635.80 - Li: $81,504.69 - Ding: $57,781.74 - Weng: $53,438.81 - Zhao: $28,835.20 - Shen: $58,553.34 - Wang: $23,344.64 - Zhu: $81,076.72
Judge Abrams directed the Clerk of Court to enter judgment against the remaining defendants and close the case.
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.