Ortega Juarez v. Mi Mexico Mini Market & Grocery Inc.

Background

Ruben Ortega Juarez sued Mi Mexico Mini Market & Grocery Inc. and other defendants individually and on behalf of others similarly situated. The opinion excerpt does not describe the underlying allegations in detail. It refers to a prior report and to the court’s January 26, 2024 Memorandum Opinion and Order, but those documents are not included in the excerpt.

Court’s Analysis

The court stated that the report’s reasoning was sound, grounded in fact and law, and not clearly erroneous. The court adopted the report in its entirety. The order also stated that the report provided clear notice and that no timely objections had been filed; as a result, the lack of objections precluded appellate review of the decision.

Disposition

The court entered default judgment in favor of Ruben Ortega Juarez and against the defendants. A default judgment is a judgment entered when a defendant has not defended the case; this excerpt does not explain the defendants’ nonappearance or otherwise describe the underlying litigation.

The judgment totaled $217,249.50, made up of:

- $108,624.75 in minimum and overtime wages; - $108,624.75 in liquidated damages; - $2,543.00 in attorney’s fees and costs; and - $34,739.089 in prejudgment interest, calculated at New York’s statutory rate of 9% per year on $108,624.75 from July 8, 2020, through the date judgment was entered.

The order further provided that, if any amounts remained unpaid after 90 days following issuance of the judgment, or 90 days after the time to appeal expired while no appeal was pending, whichever was later, the total judgment would automatically increase by 15% under Section 198(4) of the New York Labor Law. The case was closed.