Ergin v. 8th Hill Inc.

Background

On September 20, 2021, the Court granted Plaintiff Mehmet Emre Ergin’s motion for default judgment on his wage-and-hour claims against all three defendants. The Court then referred the matter to Magistrate Judge Gabriel W. Gorenstein for an inquest—a proceeding to determine the amount of damages—and to resolve Ergin’s request for attorney’s fees and costs.

Judge Gorenstein issued an amended Report and Recommendation on April 6, 2022. It recommended an award of $26,605.72 for unpaid wages, liquidated damages, and statutory damages; prejudgment interest on the unpaid wages; $6,195 in attorney’s fees; and $400 in costs. The amended recommendation accounted for Ergin’s sworn affidavit supporting his fee request.

Review of the Recommendation

The court explained that it could accept, reject, or modify the magistrate judge’s recommendation. Because no party filed a timely objection, the court reviewed the recommendation for clear error rather than conducting a new review of the disputed issues. The court found no clear error.

Ruling

Judge Alison J. Nathan adopted the amended Report and Recommendation in its entirety and ordered judgment in favor of Ergin and against the defendants. The judgment includes:

- $26,605.72 in unpaid wages, liquidated damages, and statutory damages; - prejudgment interest on the unpaid wages at $2.05 per day from November 25, 2019, until judgment is entered; - $6,195 in attorney’s fees; - $400 in litigation costs; - an automatic 15% increase in the total judgment if it is not entirely paid within 90 days of judgment, or 90 days after the expiration of an appeal, whichever is later, provided no appeal is pending; and - post-judgment interest at the rate set by 28 U.S.C. § 1961.

The order states that the damages, fees, and costs total $33,200.72, before prejudgment interest. It required Ergin to serve the order on the defendants by April 29, 2022, file proof of service by May 4, 2022, and directed the clerk to enter judgment and close the case.