Gomez et al v. Bkuk Corporation et al
Filing
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OPINION AND ORDER re: 27 FIRST LETTER MOTION to Compel entry of judgment due to default addressed to Magistrate Judge Henry B. Pitman from Adam Braverman dated September 27, 2018. filed by Yovani Sanchez Gomez. Accordingly, the Cler k of the Court is respectfully requested to enter judgment against defendants Bkuk Corporation and Besim Kukaj only in the total amount of $25,646.63, comprised of the unpaid balance of the settlement amount ($15,218.00), the $8,000.00 penalty amount, interest through October 3, 2018 ($363.63) and reasonable attorney's fees ($2,065.00). The Clerk of the Court is respectfully requested to mark Docket Item 27 closed. (Signed by Magistrate Judge Henry B. Pitman on 10/3/2018) Copies Transmitted By Chambers. (ne) Transmission to Orders and Judgments Clerk for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------x
YOVANI SANCHEZ GOMEZ,
17 Civ. 4652
(HBP)
Plaintiff,
OPINION
AND ORDER 1
-againstBKUK CORP. , et al . ,
Defendants.
-----------------------------------x
PITMAN, United States Magistrate Judge:
On or about May 30, 2018 all parties to this Fair Labor
Standards Act/Labor Law action entered into a settlement agreement.
The settlement provided, in pertinent part, that defen-
dants would pay plaintiff a total of $19,000.00 in three installments -- $6,333.00 on June 1, 2018, $6,333.00 on July 1, 2018 and
$6,333.00 on August 1, 2018.
The parties also agreed that
defendants would furnish plaintiff with an affidavit of confession of judgment that would permit plaintiff to enter judgment
against defendants if, after notice, defendants failed to cure
any default in making the installment payments within 15 business
days.
Specifically, in the event of an uncured default, the
affidavit of confession of judgment was to authorize plaintiff to
enter judgment in the amount of the unpaid balance of the judg-
1
All parties have consented to my exercising plenary
jurisdiction in this matter pursuant to 28 U.S.C. ยง 636(c)
ment plus $8,000.00, prejudgment interest at the rate of 9% per
annum plus reasonable attorney's fees.
Plaintiff's attorney has submitted an affidavit establishing that defendants' total payment to date has been
$3,782.00, paid on September 14, 2018, and that defendants,
despite being given the required notice, have failed to cure
their default in a timely manner (Affidavit of Adam Braverman,
Esq., sworn to September 27, 2018 (Docket Item 28)).
Plaintiff
now seeks to have judgment entered against defendans.
The unpaid principal balance is $15,218.00
($19,000 -
$3,782.00).
Pursuant to section 5(B) of the parties' settlement
agreement, the entire balance of the $19,000.00 settlement amount
became due and owing 15 days after the notice of default was sent
on June 27, 2018, i.g., the settlement amount of $19,000.00
became due and owing as of July 12, 2018.
This entire amount was
unpaid through September 14, 2018, when a partial payment of
$3,782.00 was made.
The interest due through September 14, 2018
is$ 299.84, calculated as follows: $19,000.00 x 0.09 x 64
days/365 days= $299.84.
Because $3,782.00 of the $19,000.00 was
ultimately paid on September 14, 2018, the principal balance from
that date forward was $15,218.00.
The simple interest on that
sum through October 3, 2018 is $63.79, calculated as follows:
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$15,218.00 x 0.09 x 17 days/365 = $63.79.
Thus, the total
interest owed through October 3, 2018 is $363.63.
Plaintiff's attorney has also submitted time records
demonstrating that counsel has incurred fees of $2,065.00 in his
efforts to enforce the settlement.
This figure is derived by
multiplying the number of hours spent by counsel
counsel's hourly rate ($350.00).
(5.9 hours) by
I find both the amount of time
spent by counsel attempting to enforce the settlement and the
hourly rate to be reasonable.
Plaintiff has submitted an affidavit of confession of
judgment executed on behalf of Bkuk Corporation and Besim Kukaj
only.
No affidavit of confession of judgment has been provided
with respect to defendants Luan Kukaj and Adrian Lazo.
Plaintiff's counsel's affidavit establish the necessary
conditions to permit entry of judgment against Bkuk Corporation
and Besim Kukaj.
Because no affidavit of confession of judgment
has been provided as to them, there is no basis to enter judgment
against Luan Kukaj and Adrian Lazo.
Accordingly, the Clerk of the Court is respectfully
requested to enter judgment against defendants Bkuk Corporation
and Besim Kukaj only in the total amount of $25,646.63, comprised
of the unpaid balance of the settlement amount ($15,218.00), the
$8,000.00 penalty amount,
interest through October 3,
($363.63) and reasonable attorney's fees
3
($2,065.00).
2018
The Clerk of the Court is respectfully requested to
mark Docket Item 27 closed.
Dated:
New York, New York
October 3, 2018
SO ORDERED
HENRYPIT
United States Magistrate Judge
Copy transmitted to:
All Counsel
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