Flores et al v. Chirping Chicken NYC Inc. et al
ORDER: Adopting REPORT AND RECOMMENDATIONS for 61 Motion for Default Judgment, filed by Jesus Mendez, Tomas Sapon Baquiar, Lazaro Miculax, Jose Alberto Mastranzo, Eloy Flores, Edilberto Osorno, Zacharias Ramirez, 69 Report and Recommenda tions. The Court has reviewed Judge Freeman's well-reasoned Report and Recommendation, concurs in its findings, and grants plaintiffs' motion for default judgment. The Court adopts the Report and Recommendation with the following correction s to a minor clerical error: Plaintiff Flores is owed $5,093.71 in unpaid minimum wages and overtime pay for the period beginning January 1, 2011 and ending March 6, 2011, not $1,774.35 as reflected in the table on page 27 of the Report and Recommendation. The total amount owed to Flores for unpaid minimum wages and overtime wages is thus $158,549.22, not $155,229.86. In accordance with this change, Flores is owed liquidated damages on unpaid minimum wages and overtime pay of $17,692.78 for the period from March 7, 2008 to March 6, 2011, bringing Flores's total liquidateddamages on unpaid minimum wages and overtime pay to $106,087.98. Further, Flores's prejudgment interest on unpaid minimum wages and overtime pay for the period beginning January 1, 2011 and ending March 6,2011 should be $2,544.62, not $886.40 as shown in the table on page 31 ofthe Report and Recommendation. The total amount of prejudgment interest onunpaid minimum wages and overtime pay is thus $74,801.12. As set forth in the Report and Recommendation, Flores is also awarded $13,875.94 in spread-of-hours pay, $8,651.06 in liquidated damages on spread-of-hours pay, $6,735.32 in prejudgment inter est on spread-of-hours pay, and $5,000 in statutory damages. Except as described above, the Clerk of Court shall enter judgment in favor of plaintiffs as set forth in Judge Freeman's Report and Recommendation. Finally, the court notes that the complaint also names a "John Doe" defendant who has not been identified and who plaintiffs do not move against for a default judgment. Plaintiffs are directed to file a letter updating the court on the status of their claims against this defendant by April 13, 2017. This order resolves the motion pending at docket number 61. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/06/2017) (ama)
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