Ramirez v. Sake II Japanese Restaurant, Inc
- Rochon
- 1:20-cv-09907
- U.S. District Court · Southern District of New York
- 3
Ramirez v. Sake II, Judge Rochon adopted the damages recommendation and entered judgment for Ruben Ramirez against Sake II and Bi Shun Dong.
Ruben Ramirez received a judgment for $387,382.00 plus specified prejudgment interest against Sake II Japanese Restaurant, Inc., and Bi Shun Dong. The defendants were subject to the judgment and the case was closed.
What happened
In Ramirez v. Sake II Japanese Restaurant, Inc., Ruben Ramirez sued his former employer, Sake II Japanese Restaurant, Inc., and Bi Shun Dong under federal and New York wage laws for unpaid minimum and overtime wages and related violations. The court had already entered default judgment after the defendants failed to respond and failed to appear at a hearing.
A magistrate judge recommended awarding Ramirez $387,382.00. No party objected. The court reviewed the recommendation for clear error and found none.
Judge Jennifer L. Rochon adopted the recommendation in full and directed the Clerk to enter judgment against both defendants for $387,382.00, plus prejudgment interest of $47.13 per day from February 25, 2017, until final judgment. The court also directed the Clerk to close the case and stated that the lack of timely objections prevents appellate review.
The detailed version
- Ramirez v. Sake II Japanese Restaurant, Inc · No. 1:20-cv-09907
- Rochon
- May 10, 2023
Background
Ruben Ramirez brought claims under the Fair Labor Standards Act and New York Labor Law against his former employer, Sake II Japanese Restaurant, Inc., and Bi Shun Dong. He sought damages for unpaid minimum and overtime wages, statutory penalties, and related relief.
The defendants did not timely respond to the complaint and did not appear at a show-cause hearing. On November 16, 2021, the court entered default judgment in Ramirez’s favor and referred the damages issue to Magistrate Judge Barbara Moses for an inquest.
Report and Recommendation
Magistrate Judge Moses recommended aggregate damages of $387,382.00 against both defendants. The recommendation consisted of:
- $175,158.00 in compensatory damages for unpaid minimum and overtime wages; - $175,158.00 in liquidated damages for those wage violations; - $15,996.00 for failure to provide spread-of-hours pay; - $15,996.00 in liquidated damages for the spread-of-hours violations; - $4,582.00 in attorneys’ fees; and - $492.00 in costs.
The recommendation also called for prejudgment interest of $47.13 per day from February 25, 2017, through entry of final judgment. The report warned the parties that failing to object within 14 days would waive objections and prevent appellate review. The report was served on both defendants, but no party objected by the May 9, 2023 deadline.
Ruling
Because there were no timely objections, Judge Rochon reviewed the report for clear error on the face of the record. She found that its reasoning and conclusions were sound, supported by the facts and law, and not clearly erroneous. The court adopted the report in its entirety.
The court directed the Clerk to enter judgment in favor of Ruben Ramirez and against Sake II Japanese Restaurant, Inc., and Bi Shun Dong, in the amount of $387,382.00, plus prejudgment interest of $47.13 per day from February 25, 2017, until final judgment. The court also directed the Clerk to close the case. It stated that the absence of timely objections precludes appellate review of the decision.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.