Caballero de la Cruz v. Pastrami Prince Inc.

Background

Carmelo Caballero de la Cruz, Arnulfo Vazquez Basurto, Omar Espinobarros Vazquez, and Raymundo Vazquez Angel brought a wage-and-hour action under the Fair Labor Standards Act and New York labor laws. The opinion describes Pastrami Queen as the plaintiffs’ former employer, while the caption names Pastrami Prince Inc. and other defendants.

After a default judgment hearing, the court’s January 6, 2023 order found Pastrami Prince Inc., 1125 Kosher Deli Corp., Steven Friedman, Barry Friedman, and Thierno Sisse liable on Causes of Action One through Eight as to Caballero de la Cruz, Vazquez Basurto, and Vazquez Angel. It also found liability on Cause of Action Nine as to Vazquez Basurto and Vazquez Angel. The court found no liability on Causes of Action Ten and Eleven and no liability on any claim brought by Espinobarros Vazquez. The court also determined that the liability period ended on December 31, 2018 and that prejudgment interest and liquidated damages would apply as provided by law.

Report and Recommendation

The court referred the damages determination to Magistrate Judge James L. Cott. On October 10, 2023, Judge Cott recommended total damages of $402,847.72, along with pre- and post-judgment interest, $17,622.75 in attorneys’ fees, and $802.00 in costs. The recommended individual damages were:

- Caballero de la Cruz: $197,817.68 - Vazquez Basurto: $116,932.50 - Vazquez Angel: $88,097.54

The recommendation advised the parties that they had fourteen days to object. No objections were filed, and the objection period expired. The court stated that the parties therefore waived their right to object to the recommendation or obtain appellate review. Despite that waiver, the court conducted a de novo review, meaning an independent review, and found the recommendation well reasoned and supported.

Ruling

Judge John P. Cronan adopted the Report and Recommendation in its entirety and awarded the plaintiffs the damages, attorneys’ fees, and costs specified in it. The Clerk of Court was directed to enter judgment under the recommendation, including prejudgment interest calculated as described there, and to close the case. Post-judgment interest is to be calculated under 28 U.S.C. § 1961(a).