Galeana et al v. Mahasan Inc. et al

Filing 181

ORDER for 179 Report and Recommendations. Accordingly, I ADOPT the Report and Recommendation in its entirety. The awarded damages, prejudgment interest, and attorneys fees are confirmed. Specifically, Plaintiff Galeana is awarded the following : 1. Damages in the amount of $13,759.50, representing: a. $7,423.50 in unpaid wages and overtime; b. $1,218.00 in unpaid spread-of-hours compensation; c. $8,641.50 in liquidated damages; and d. $3,900 in statutory damages. 2 . Prejudgment interest in the amount of: a. $7,598.36, through July 28, 2021 (the date Plaintiffs filed their inquest submissions); and b. additional prejudgment interest at the rate of nine percent per annum on the principal amount of $8,6 41.50, to be calculated by the Clerk of Court from July 28, 2021, to the date of entry of the final judgment. Plaintiff Longwilai is awarded the following: 1. Damages in the amount of $36,688.62, representing: a. $14,016.31 in unpaid wages and overtime; b. $1,828.00 in unpaid spread-of-hours compensation; c. $15,844.31 in liquidated damages; and d. $5,000.00 in statutory damages. 2. Prejudgment interest in the amount of: a. $10,503.16, through July 28, 2021 (the dat e that Plaintiffs filed their inquest submissions); and b. additional prejudgment interest at the rate of nine percent per annum on the principal amount of $15,844.31, to be calculated by the Clerk of Court from July 28, 2021, to the date of ent ry of the final judgment. Additionally, pursuant to NYLL § 198(4), the judgment shall provide that "any amounts remaining unpaid upon the expiration of ninety days following issuance of judgment, or ninety days after expiration of the time to appeal and no appeal is then pending, whichever is later, the total amount of judgment shall automatically increase by fifteen percent." Galeana and Longwilai shall also be awarded attorneys' fees in the amount of $13,818.00 and cos ts in the amount of $581.00. Galeana and Longwilai shall serve a copy of this Order on Mathasan by mail, at its last known address, and promptly file proof of such service on the docket. The Clerk's Office is respectfully directed to termin ate any open motions, to enter judgment in accordance with this Order, and to close this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/26/2022) (kv) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------- X
:
ADELAIDO GALEANA and NICOLAS
:
GALEANA, individually and on behalf of
:
others similarly situated,
:
:
Plaintiffs,
:
:
- against :
:
MAHASAN INC., doing business as
:
ENTHAICE, and JUNTIMA NETPRACHAK, :
:
Defendants. :
:
--------------------------------------------------------- X

14-CV-3625 (VSB) (KNF)
ORDER

VERNON S. BRODERICK, United States District Judge:
On May 20, 2014, Plaintiffs Adelaido Galeana (“Galeana”) and Nicolas Galeana
commenced this action against Defendants Mahasan Inc., doing business as Enthaice
(“Mahasan”), and Juntima Netprachak (“Netprachak”), alleging violations of the minimum wage
and overtime provisions of the Fair Labor Standards Act (“FLSA”), violations of the minimum
wage, overtime, notice and recordkeeping, and wage statement provisions of the New York
Labor Law (“NYLL”), and violations of the spread of hours wage order of the New York
Commissioner of Labor. (Doc. 1.) In December 2014, Subongkot Longwilai (“Longwilai”) and
five other plaintiffs consented to join the action as party plaintiffs. (Docs. 17–22.) I granted
Defendants’ motion to compel arbitration with respect to six of the plaintiffs in this action but
denied the motion with respect to Galeana and Longwilai. (Doc. 101.) Galeana and Longwilai
moved for default judgment against Mahasan. (Doc. 151.) I entered default judgment and
referred the matter to Magistrate Judge Fox for an inquest on the damages against Mahasan.
(Docs. 155–56.) In connection with the inquest on damages, Galeana and Longwilai filed

proposed findings of fact and conclusions of law and a supporting memorandum of law,
declaration, and exhibits. (Docs. 162–64.) On September 20, 2021, I dismissed the other
remaining defendant, Netprachak, from the action. (Doc. 174.)
On December 21, 2021, Magistrate Judge Fox issued his Report and Recommendation,
recommending that Galeana be awarded damages in the amount of $13,759.50 representing
$7,423.50 in unpaid wages and overtime, $1,218.00 in unpaid spread-of-hours compensation,
$8,641.50 in liquidated damages, and $3,900 in statutory damages; and prejudgment interest in
the amount of $7,598.36 through July 28, 2021 (the date that the plaintiffs filed their inquest
submissions) and additional prejudgment interest at the rate of nine percent per annum on the
principal amount of $8,641.50 from July 28, 2021 to the date of entry of the final judgment.
(Doc. 179 or “R&R.”) 1 Magistrate Judge Fox recommended Longwilai be awarded damages in
the amount of $36,688.62 representing $14,016.31 in unpaid wages and overtime, $1,828.00 in
unpaid spread-of-hours compensation, $15,844.31 in liquidated damages, $5,000.00 in statutory
damages; and prejudgment interest in the amount of $10,503.16 through July 28, 2021 (the date
that the plaintiffs filed their inquest submissions) and additional prejudgment interest at the rate
of nine percent per annum on the principal amount of $15,844.31 from July 28, 2021 to the date
of entry of the final judgment. (Id.) Magistrate Judge Fox further recommended “pursuant to
NYLL § 198(4), that the judgment provide with respect to ‘any amounts remaining unpaid upon
the expiration of ninety days following issuance of judgment, or ninety days after expiration of
the time to appeal and no appeal is then pending, whichever is later, [that] the total amount of
judgment shall automatically increase by fifteen percent.’” (Id.) Finally, Magistrate Judge Fox
recommended that Galeana and Longwilai be awarded attorneys’ fees in the amount of

1

“R&R” refers to the Report and Recommendation issued by Magistrate Judge Fox on December 21, 2021. (Doc.
179.)

2

$13,818.00 and costs in the amount of $581.00. (Id.) Neither Plaintiffs nor Mahasan have filed
an objection to the Report and Recommendation or requested additional time to respond.
In reviewing a magistrate judge’s report and recommendation, a district court “may
accept, reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge.” 28 U.S.C. § 636(b)(1). Parties may raise specific, written objections to the
report and recommendation within 14 days of being served with a copy of the report. Id.; see
also Fed. R. Civ. P. 72(b)(2). When a party submits a timely objection, a district court reviews
de novo the parts of the report and recommendation to which the party objected. 28 U.S.C.
§ 636(b)(1); see also Fed. R. Civ. P. 72(b)(3). When neither party submits an objection to a
report and recommendation, or any portion thereof, a district court reviews the report and
recommendation for clear error. Santana v. Comm’r, 17-CV-2648 (VSB) (BCM), 2019 WL
2326214, at *1 (S.D.N.Y. May 30, 2019); Marte v. Berryhill, 17-CV-3567 (VSB) (JLC), 2018
WL 5255170, at *1 (S.D.N.Y. Oct. 22, 2018); Lewis v. Zon, 573 F. Supp. 2d 804, 811 (S.D.N.Y.
2008); Wilds v. United Parcel Serv., Inc., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003).
Here, although the Report and Recommendation explicitly provided that “[p]ursuant to
28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall
have fourteen (14) days from service of this Report to file written objections,” (R&R 19), neither
party filed an objection or sought additional time to file an objection. I therefore reviewed
Magistrate Judge Fox’s thorough and well-reasoned Report and Recommendation for clear error
and, after careful review, found none.
Accordingly, I ADOPT the Report and Recommendation in its entirety. The awarded
damages, prejudgment interest, and attorneys’ fees are confirmed.
Specifically, Plaintiff Galeana is awarded the following:

3

1. Damages in the amount of $13,759.50, representing:
a. $7,423.50 in unpaid wages and overtime;
b. $1,218.00 in unpaid spread-of-hours compensation;
c. $8,641.50 in liquidated damages; and
d. $3,900 in statutory damages.
2. Prejudgment interest in the amount of:
a. $7,598.36, through July 28, 2021 (the date Plaintiffs filed their inquest
submissions); and
b. additional prejudgment interest at the rate of nine percent per annum on the
principal amount of $8,641.50, to be calculated by the Clerk of Court from
July 28, 2021, to the date of entry of the final judgment.
Plaintiff Longwilai is awarded the following:
1. Damages in the amount of $36,688.62, representing:
a. $14,016.31 in unpaid wages and overtime;
b. $1,828.00 in unpaid spread-of-hours compensation;
c. $15,844.31 in liquidated damages; and
d. $5,000.00 in statutory damages.
2. Prejudgment interest in the amount of:
a. $10,503.16, through July 28, 2021 (the date that Plaintiffs filed their inquest
submissions); and
b. additional prejudgment interest at the rate of nine percent per annum on the
principal amount of $15,844.31, to be calculated by the Clerk of Court from
July 28, 2021, to the date of entry of the final judgment.

4

Additionally, pursuant to NYLL § 198(4), the judgment shall provide that “any amounts
remaining unpaid upon the expiration of ninety days following issuance of judgment, or ninety
days after expiration of the time to appeal and no appeal is then pending, whichever is later, the
total amount of judgment shall automatically increase by fifteen percent.”
Galeana and Longwilai shall also be awarded attorneys’ fees in the amount of $13,818.00
and costs in the amount of $581.00.
Galeana and Longwilai shall serve a copy of this Order on Mathasan by mail, at its last
known address, and promptly file proof of such service on the docket.
The Clerk’s Office is respectfully directed to terminate any open motions, to enter
judgment in accordance with this Order, and to close this case.
SO ORDERED.
Dated: May 26, 2022
New York, New York
______________________
Vernon S. Broderick
United States District Judge

5