Tendilla v. 1465 Espresso Bar LLC
- Alison Nathan
- 1:18-cv-05991
- U.S. District Court · Southern District of New York
- 7
In Tendilla v. 1465 Espresso Bar LLC, Judge Nathan granted enforcement of the settlement and ordered a $37,170 judgment for Tendilla.
Maurilio Tendilla received a judgment against 1465 Espresso Bar LLC and the other defendants for the unpaid settlement amount, liquidated damages, and attorneys’ fees. The defendants were held responsible for the $37,170 judgment.
What happened
Tendilla v. 1465 Espresso Bar LLC involved Maurilio Tendilla’s claims for unpaid wages under federal and New York law. The parties settled for $32,500, payable in installments, and the court approved the agreement.
The defendants did not make the first installment payment. The settlement required the full amount to become due after a 10-day cure period and provided for $3,250 in liquidated damages and recovery of reasonable attorneys’ fees and costs.
Judge Alison J. Nathan granted Tendilla’s motion to enforce the settlement and enter judgment. The Clerk was directed to enter judgment for $37,170: $32,500 in unpaid principal, $3,250 in liquidated damages, and $1,420 in attorneys’ fees.
The detailed version
- Tendilla v. 1465 Espresso Bar LLC · No. 1:18-cv-05991
- Alison Nathan
- June 1, 2021
Background
Maurilio Tendilla filed claims under the Fair Labor Standards Act and New York Labor Law seeking unpaid overtime compensation, liquidated damages, interest, and attorneys’ fees and costs. The parties later mediated and reached a settlement. The agreement required the defendants to pay Tendilla $32,500: an initial $5,000 installment followed by 11 monthly installments of $2,500.
The agreement included an acceleration clause. If the defendants failed to make a required payment and did not cure the default within 10 days, the entire settlement amount would become due, along with $3,250 in liquidated damages. The court approved the settlement and entered a dismissal order that expressly retained jurisdiction to enforce the settlement.
Court’s Analysis
Tendilla reported that the defendants failed to make the initial installment, which was due on August 24, 2020. His attorney notified defense counsel of the default and gave notice of the 10-day cure period. The defendants never responded to Tendilla’s enforcement motion and did not dispute that they had failed to make the payment or cure the default.
The court held that it had authority to enforce the settlement because its dismissal order expressly retained jurisdiction for that purpose. Applying New York contract law, the court found all elements of breach of contract satisfied: a valid settlement contract existed, Tendilla performed his obligations by agreeing to dismiss his wage claims, the defendants breached by failing to pay, and Tendilla suffered damages.
The court also approved $1,420 in attorneys’ fees and costs. The settlement allowed the prevailing party in an enforcement action to recover reasonable fees and costs. The court found the requested hourly rates and 3.7 hours of recorded work reasonable and not duplicative or unnecessary.
Disposition
The court granted Tendilla’s motion to enforce the settlement and enter judgment against the defendants. It directed the Clerk of Court to enter judgment for $37,170, consisting of $32,500 in unpaid settlement principal, $3,250 in liquidated damages, and $1,420 in attorneys’ fees. The court also directed the Clerk to terminate the enforcement motion docket entry.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.