Hernandez v. Lake Ave Pizza LLC
- Lorna Schofield
- 1:21-cv-06753
- U.S. District Court · Southern District of New York
- 2
In Hernandez v. Lake Ave Pizza, Judge Schofield adopted a default-judgment damages recommendation awarding Hernandez wages, interest, and fees.
Sergio Hernandez Najera received the damages and attorney’s-fee awards recommended in the report, while Lake Ave Pizza LLC and the other defendants were subject to the adopted default-judgment recommendations.
What happened
Sergio Hernandez Najera brought a proposed group lawsuit under the Fair Labor Standards Act against Lake Ave Pizza LLC and other defendants. After the defendants did not appear, the court entered default judgment and sent the case to Magistrate Judge Sarah L. Cave to determine damages.
Judge Cave recommended awarding Hernandez $21,150 in compensatory damages, an equal amount in liquidated damages, prejudgment interest, post-judgment interest, and $5,460 in attorney’s fees. She also recommended denying statutory damages under New York’s Wage Theft Prevention Act because Hernandez lacked standing for that award.
No timely objections were filed. Judge Lorna G. Schofield found no clear error and adopted the report and recommendation in full.
The detailed version
- Hernandez v. Lake Ave Pizza LLC · No. 1:21-cv-06753
- Lorna Schofield
- Sept. 6, 2023
Background
Sergio Hernandez Najera commenced a proposed collective action under the Fair Labor Standards Act on August 10, 2021. After the defendants failed to appear, the court entered default judgment on September 29, 2022. The matter was then referred to Magistrate Judge Sarah L. Cave for an inquest to determine damages.
Report and Recommendation
On August 3, 2023, Judge Cave recommended that Hernandez receive:
- $21,150 in compensatory damages; - $21,150 in liquidated damages; - prejudgment interest on damages for unpaid minimum, overtime, and spread-of-hours wages at 9% annually from October 20, 2020, through entry of judgment; - post-judgment interest under 28 U.S.C. § 1961; and - $5,460 in attorney’s fees.
The report also recommended that the court award no statutory damages under New York’s Wage Theft Prevention Act because Hernandez lacked standing to seek them.
Court’s Decision
The deadline for objections was fourteen days after service, with three additional days because the report was served by mail. No timely objections were filed. In that situation, the district court reviewed the record for clear error. Judge Schofield found no clear error in Judge Cave’s recommendations and ordered that the report and recommendation be adopted in full, for the reasons stated in the report.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.