New York Southern District Court
Judge:Lorna G Schofield
Referred: James C Francis
Case #: 1:15-cv-00527
Nature of Suit710 Labor - Fair Labor Standards Act
Case Filed:Jan 23, 2015
Terminated:Apr 11, 2016
Last checked: Wednesday Jul 22, 2015 9:15 AM EDT
All Plaintiffs
Luis Villanueva
Represented By
Christopher Berlingieri
Borrelli & Associates PLLC
contact info
Rebecca Solomon Predovan
Borrelli & Associates, P.L.L.C.
contact info
Defendant
RV Transport, Inc.
Defendant
Ringo Valenzuela
Plaintiff
Maykor Castillo
Represented By
Michael John Borrelli
Law Offices Of Borrelli & Associates
contact info
Christopher Berlingieri
Borrelli & Associates PLLC
contact info
Mindy L. Kallus
Borrelli & Associates
contact info
Alexander Todd Coleman
Law Offices Of Borrelli & Associates
contact info
Plaintiff
Hector Felix
Represented By
Christopher Berlingieri
Borrelli & Associates PLLC
contact info
Mindy L. Kallus
Borrelli & Associates
contact info
Alexander Todd Coleman
Law Offices Of Borrelli & Associates
contact info


Docket last updated: 04/24/2024 11:59 PM EDT
Monday, April 11, 2016
53 53 order Judgment - Default Mon 04/11 5:30 PM
DEFAULT JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated April 11, 2016, the Reports recommendation with respect to liquidated damages and pre-judgment interest are modified, the remainder of the Report is adopted; Judgment is hereby entered as follows:Plaintiff Castillo is awarded $58,704.20 in actual damages, $58,704.20 in liquidated damages, $5,000.00 in statutory damages, and pre-judgment interest of $15,377.76 for a Total f $137,786.16;Plaintiff Felix is awarded $28,125.00 in actual damages, $28,125.00 in liquidated damages, $3,750.00 is statutory damages, and prejudgment interest of $5,840.32 for a Total of $65,840.32;Plaintiff Villaneuva is award $105,600.00 in actual damages, $105,600.00 in liquidated damages, $5,000.00 in statutory damages, and prejudgment interest of $30,831.36 for a Total of $247,031.36; and, Plaintiffs collectively are awarded attorneys' fees of $16,111.80 and costs of $1,159.30. A 15% penalty for non-payment will be added to any amount of the judgment attributable to violations of the NYLL that remains unpaid upon the expiration of ninety days following the issuance of judgment, or ninety days after expiration of the time to appeal and no appeal therefrom is then pending, whichever is later,: N.Y. Lab. Law § 663(4); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 4/11/2016)(dt)
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Att: 1 Notice of Right to Appeal,
Att: 2 Notice of Right to Appeal
52 52 8 pgs order Memorandum & Opinion Mon 04/11 4:43 PM
OPINION and ORDER: For the reasons stated above, the Report's recommendations with respect to liquidated damages and pre-judgment interest are MODIFIED. The remainder of the Report is ADOPTED. For the reasons stated above, Plaintiff Castillo is awarded $58,704.20 in actual damages, $58,704.20 in liquidated damages, $5,000.00 in statutory damages, and pre-judgment interest of $15,377.76 for a TOTAL of $137,786.16; Plaintiff Felix is awarded $28,125.00 in actual damages, $28,125.00 in liquidated damages, $3,750.00 in statutory damages, and pre-judgment interest of $5,840.32 for a TOTAL of $65,840.32; Plaintiff Villaneuva is awarded $105,600.00 in actual damages, $105,600.00 in liquidated damages, $5,000.00 in statutory damages, and pre-judgment interest of $30,831.36 for a TOTAL of $247,031.36; and Plaintiffs collectively are awarded attorneys' fees of $16,111.80 and costs of $1,159.30. A 15% penalty for non-payment will be added to any amount of the judgment attributable to violations of the NYLL that remains unpaid upon the expiration of "ninety days following the issuance of judgment, or ninety days after expiration of the time to appeal and no appeal therefrom is then pending, whichever is later." N.Y. Lab. Law § 663(4). The Clerk of Court is directed to enter judgment in the foregoing amounts, close the motion at Docket No. 41 and close this case. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/11/2016) (kgo) Modified on 4/11/2016 (kgo)
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misc Transmission to Judgments and Orders Clerk Mon 04/11 4:43 PM
Transmission to Judgments and Orders Clerk. Transmitted re:52 Memorandum & Opinion,,,,,,, to the Judgments and Orders Clerk. (kgo)
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