Sarikaputar et al v. Veratip Corp. et al

Filing 222

DEFAULT JUDGMENT:Now, on motion of Troy Law, PLLC, attorney for Plaintiffs, it is hereby ORDER, ADJUDGED, and DECREED as follows: That Plaintiff has judgment jointly and severally against Defendants Corporate Defendants Veratip Corp, ThaiNY Restauran t, Ninety-Nine Plus Corp, 9999 Midtown Corp, Perapong Chotimanenophan, and Chardenpong Oonapanyo in the amount of $1,467,256.59, including compensatory damages, permissible liquidated damages and penalties for violations arising under the New Yo rk Labor Law, plus prejudgment interest pursuant to N.Y. C.P.L.R. § 5001 accming at the nine percent (9%) per annum rate set fmih in N.Y. C.P.L.R. § 5004 from June 1, 2016 to entry of judgment, plus post-judgment interest pursuant to 2 8 U.S.C. § 1961. That Plaintiffs is entitled to recover $134,634.67 in legal fees and $4,084.78 in costs jointly and severally from Defendants, Veratip Corp, ThaiNY Restaurant, Ninety-Nine Plus C01p, 9999 Midtown Co1p, Perapong Chotima nenophan, Shue-Lee Cheng Li, and Chardenpong Oonapanyo. That if any amounts remain 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, as required by NYLL § 198( 4). (Signed by Judge Andrew L. Carter, Jr on 6/5/2024) (rro)

USDC SDNY

DOCUMENT
ELECTRONICALLY FILED

DOC#: _ __ _ _ __

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

DATE FILED: _6/5/2024
_ _ _ _ _

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PARANEESARIKAPUTAR
PHOUVIENGSONESYSOUVONG
a/k/a Tulcta Phouviengsone,
on their own behalfand on behalfofothers similarly
situated
SUPUNNEE SUKASAWETT
VINA! PATAN,
WIPAPORN SITTIDEJ
PEDRO COJ CUMES
PHAISIT SIRIMATRASIT
BOONYARIT PRAPHAI
KAMPHOL KIATWANAKORN
CHAICHANA KITTIRONNAKORNKUL, and
SUPATRA WUNGMARN,
Plaintiffs,
V.

VERATIP CORP.
d/b/a ThaiNY
d/b/a M-Thai
d/b/a Thai Rice
d/b/a Tom Yum,
J AKIRALLC
d/b/a ThaiNY
d/b/a M-Thai
d/b/a Thai Rice
d/b/a Tom Yum,
THAINY RESTAURANT LLC
d/b/a ThaiNY
d/b/a M-Thai
d/b/a Thai Rice
d/b/a Tom Yum,
NINETY-NINE PLUS CORP.
d/b/a ThaiNY
d/b/a M-Thai
d/b/a Thai Rice
d/b/a Tom Yum,
9999 MIDTOWN CORP
d/b/a ThaiNY
d/b/a M-Thai
d/b/a Thai Rice
d/b/a Tom Yum,
PERAPONG CHOTIMANENOPHAN
a/k/a Peter Chotimanenophan,

Case No. 17-cv-00814 (ALC)
(SDA)

DEFAULT JUDGMENT

Defendants.
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This action was commenced in the Southern District of New York on February 2, 2017
with the filing of the Complaint.
The Summons to the Complaint was issued on February 3, 2017 and Defendants Veratip
Corp, J Akira LLC, ThaiNY Restaurant LLC, Ninety-Nine Plus Corp., 9999 Midtown Corp,
Perapong Chotimanenophan, Michael P. Bronstein, and Chardenpong Oonapanyo were served on
March 16, 2017 with proofs of service filed on March 22, 2017, pursuant to Rule 4(h)(1)(B) of the
Federal Rules of Civil Procedure. Defendants time to answer or otherwise defend this action
expired on April 6, 2017.
Defendants Veratip Corp, ThaiNY Restaurant, Ninety-Nine Plus Corp, 9999 Midtown
Corp, Perapong Chotimanenophan, Shue-Lee Cheng Li, and Chardenpong Oonapanyo failed to
answer the complaint served on April 6, 2017.
On November 22, 2021, plaintiff requested for a Clerk’s Certificate of Default as to
Corporate Defendants Veratip Corp, ThaiNY Restaurant, Ninety-Nine Plus Corp, 9999 Midtown
Corp, Perapong Chotimanenophan, and Chardenpong Oonapanyo. The court granted Plaintiffs’
Clerk’s Certificate of Default for Corporate Defendant on April 6, 2023.
Now, on motion of Troy Law, PLLC, attorney for Plaintiffs, it is hereby ORDER,
ADJUDGED, and DECREED as follows:
That Plaintiff has judgment jointly and severally against Defendants Corporate Defendants
Veratip Corp, ThaiNY Restaurant, Ninety-Nine Plus Corp, 9999 Midtown Corp, Perapong
Chotimanenophan,

and

Chardenpong

Oonapanyo

in

the

amount

of $1,467,256.59,

including compensatory damages, permissible liquidated damages and penalties for violations
arising under the New York Labor Law, plus prejudgment interest pursuant to N.Y.
2

C.P.L.R. § 5001 accming at the nine percent (9%) per annum rate set fmih in N.Y. C.P.L.R. §
5004 from June 1, 2016 to entry of judgment, plus post-judgment interest pursuant to 28 U.S.C. §
1961.
That Plaintiffs is entitled to recover $134,634.67 in legal fees and $4,084.78 in costs
jointly and severally from Defendants, Veratip Corp, ThaiNY Restaurant, Ninety-Nine Plus C01p,
9999 Midtown Co1p, Perapong Chotimanenophan, Shue-Lee Cheng Li, and Chardenpong
Oonapanyo.
That if any amounts remain 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,
as required by NYLL § 198(4).
IT IS SO ORDERED.
Dated: June ________5..__,, 20 24
NewYork,NY

Hon. Andrew L. Caiier, U.S.D.J.

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