Reyes Silva v. Legend Upper West LLC

Background

The plaintiffs—Jacinto Reyes Silva, Panfilo Espinobarros, Salvador Reyes Silva, Sergio Candia, Sixto Galindo, and Victoriano Rogelio—brought claims under the Fair Labor Standards Act and New York Labor Law against Legend Upper West LLC, doing business as Legend Upper West, Min Xing Wang, and Dinggen Wang. The complaint sought unpaid regular and overtime wages, spread-of-hours pay, liquidated damages, damages for missing wage notices and wage statements, equipment costs, interest, and attorney’s fees and costs. Panfilo Espinobarros’s claims had previously been dismissed.

Legend Upper West LLC and Dinggen Wang failed to defend the case, and the court entered defaults against them. After a bench trial against Min Xing Wang, the court found for the plaintiffs on all claims except unauthorized deductions and awarded $449,076 in damages. The court later adopted recommendations awarding prejudgment interest, $41,905 in attorney’s fees, and $5,293.90 in costs, and judgment was entered on September 27, 2022.

Post-Judgment Motion and Recommendations

The plaintiffs later asked the court to reopen the case and clarify that Legend Upper West LLC and Dinggen Wang were jointly and severally liable with Min Xing Wang. “Joint and several liability” means each liable defendant may be responsible for the full amount owed, subject to the rules governing collection and satisfaction of the judgment.

A magistrate judge first recommended that the judgment be modified to make the defaulting defendants jointly and severally liable for the $197,489.10 liquidated-damages award. After the plaintiffs objected and requested liability for all monetary damages, the magistrate judge issued a supplemental recommendation covering compensatory damages, statutory damages, liquidated damages, equipment costs, prejudgment and post-judgment interest, attorney’s fees, and costs. The recommended total was $559,543.37.

Court’s Review and Ruling

The supplemental recommendation warned that objections had to be filed within fourteen days and that failing to object would waive review for purposes of appeal. No party filed objections. Judge Gardephe nevertheless reviewed both recommendations and found them thorough, well-reasoned, and free of clear error.

Judge Gardephe adopted the January 31, 2023 recommendation as amended by the February 23, 2023 supplemental recommendation. The court ordered that an amended judgment be entered clarifying that Legend Upper West LLC and Dinggen Wang are jointly and severally liable with Min Xing Wang for all monetary damages awarded after trial, totaling $559,543.37. The Clerk was directed to terminate the plaintiffs’ motion at Docket No. 141.