Gao v. Umi Sushi, Inc.
- Andrew Carter
- 1:18-cv-06439
- U.S. District Court · Southern District of New York
- 2
In Gao v. Umi Sushi, Inc., Judge Carter adopted a no-objection recommendation holding defendants liable for $206,103.76 plus interest.
Plaintiffs Shiqiang Gao and Jianmin Peng, and defendants Umi Sushi, Inc. d/b/a Umi Sushi; Lin Xie Corp. d/b/a Dai Hachi Sushi; Dai Hachi Sushi Corporation d/b/a Dai Hachi Sushi; Luo Kun Zheng; and Ling Xie.
What happened
In Gao v. Umi Sushi, Inc., the court reviewed a magistrate judge’s recommendation after a hearing about the defendants’ default and damages. The recommendation stated that the defendants should be held liable for $206,103.76 plus applicable interest.
The defendants were notified that they could object to the recommendation but filed no objections. The court found no clear error in the record and adopted the recommendation in its entirety.
Judge Andrew L. Carter, Jr. ordered liability for the listed damages, attorneys’ fees, costs, and applicable prejudgment and post-judgment interest. He directed the Clerk of Court to enter judgment and close the open motion.
The detailed version
- Gao v. Umi Sushi, Inc. · No. 1:18-cv-06439
- Andrew Carter
- Feb. 17, 2023
Background
On June 17, 2022, the matter was referred to Magistrate Judge Sarah Netburn for an inquest following a default and damages hearing. Magistrate Judge Netburn issued a Report and Recommendation on January 31, 2023, recommending that the defendants be found liable for $206,103.76 plus applicable interest.
Review of the Recommendation
The defendants had been notified of their right to object but filed no objections. The court therefore reviewed the recommendation for clear error on the face of the record. Finding no clear error, the court adopted the Report and Recommendation in its entirety.
Ruling and Amounts Awarded
The order stated that the defendants were liable for $206,103.76 plus applicable interest, consisting of:
- $13,050.55 in back pay and spread-of-hours damages to Plaintiff Gao, plus nine percent prejudgment simple interest from January 26, 2018, through the date of judgment; - $72,708.68 in back pay and spread-of-hours damages to Plaintiff Peng, plus nine percent prejudgment simple interest from February 8, 2017, through the date of judgment; - $13,050.55 in liquidated damages to Plaintiff Gao; - $72,708.68 in liquidated damages to Plaintiff Peng; - $32,466.68 in attorneys’ fees; and - $2,118.62 in costs.
Post-judgment interest was ordered to run from the date the Clerk entered judgment until the defendants paid, at the federal rate set by 28 U.S.C. § 1961. Judge Andrew L. Carter, Jr. directed the Clerk to enter judgment and close the open motion at ECF No. 115.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.