Su v. Hailu Asian Bistro Inc.
- Vyskocil
- 1:17-cv-10243-MKV-VF
- U.S. District Court · Southern District of New York
- 2
In Su v. Hailu Asian Bistro, Judge Vyskocil adopted a damages recommendation, awarding Jian Bin Lin and Jian Ou $14,473 and $13,864, respectively.
Jian Bin Lin and Jian Ou received damages awards against Hailu Asian Bistro Inc.; the order also directed entry of judgment and closure of the case.
What happened
In Su v. Hailu Asian Bistro Inc., Jian Ou and Jian Bin Lin sued Hailu Asian Bistro Inc. for allegedly unpaid wages, overtime wages, and other damages under federal and New York wage laws. The case was brought on behalf of themselves and others similarly situated.
Hailu Asian Bistro Inc. did not answer, appear, or file a motion, so the court previously entered a default judgment against it on responsibility for the claims and sent the case for a damages hearing. Magistrate Judge Valerie Figueredo recommended specific damages, and no party objected to that recommendation.
Judge Mary Kay Vyskocil adopted the recommendation after reviewing it for clear error. She awarded Jian Bin Lin $14,473 and Jian Ou $13,864, plus specified prejudgment and post-judgment interest, directed the Clerk to enter judgment, and ordered the case closed.
The detailed version
- Su v. Hailu Asian Bistro Inc. · No. 1:17-cv-10243-MKV-VF
- Vyskocil
- Mar. 31, 2023
Background
Jian Ou and Jian Bin Lin brought claims against Hailu Asian Bistro Inc. under the Fair Labor Standards Act and the New York Labor Law. They sought unpaid wages, overtime wages, and other damages. The complaint initially named five additional defendants, but the plaintiffs voluntarily dismissed the claims against those defendants without prejudice. The claims of the additional named plaintiff, Yu Hing Su, were dismissed without prejudice for failure to prosecute.
Procedural history
Hailu Asian Bistro Inc. failed to answer, appear, or otherwise move in response to the complaint. The court therefore previously entered a default judgment against the defendant as to liability only. The court referred the damages issue to Magistrate Judge Valerie Figueredo, who conducted an inquest and issued a Report and Recommendation concerning the amounts to be awarded. No party filed a timely or untimely objection.
Because no timely objection was filed, Judge Mary Kay Vyskocil reviewed the recommendation for clear error. She found no clear error and fully adopted the recommendation.
Ruling and damages
The court awarded Jian Bin Lin $14,473.00 and Jian Ou $13,864.00. The awards consisted of unpaid spread-of-hours wages, liquidated damages, and statutory damages. The court also awarded prejudgment interest at 9% per year, calculated for Jian Bin Lin on $2,236.50 from June 19, 2017, until judgment is entered, and for Jian Ou on $1,932.00 from July 5, 2017, until judgment is entered.
Post-judgment interest was to be calculated from the date the Clerk enters judgment until payment, using the federal interest rate under 28 U.S.C. § 1961. The court directed the Clerk to enter judgment in accordance with the order and close the case.
Disposition
The court adopted the Report and Recommendation, awarded the stated damages and interest, directed entry of judgment, and ordered the case closed. Because the judgment followed the defendant’s failure to appear and the claims were not tested through an adversarial merits proceeding, this order is classified as procedural under the applicable classification rules.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.