Su et al v. Hailu Asian Bistro Inc. et al

Filing 66

ORDER ADOPTING REPORT AND RECOMMENDATION for 64 Report and Recommendations. Magistrate Judge Figueredos well-reasoned Report presents no such errors and istherefore fully adopted by this Court.For the reasons stated in the Report, Plaintiff Ji a Bin Lin is hereby awarded $14,473.00 and Plaintiff Jian Ou is awarded $13,864.00. These awards are comprised of unpaid spread-of- hours wages, liquidated damages, and statutory damages. In addition, Plaintiffs are awarded pre- judgme nt interest at the statutory rate of 9% a year, which the Clerk of Court is directed to calculate as follows: for Plaintiff Lin, on the amount of $2,236.50, from June 19, 2017, to the date judgment is entered; and for Plaintiff Ou, on the amount of $1,932.00, from July 5, 2017, to the date judgment is entered. Finally, Post-judgment interest shall be calculated from the day the Clerk of Court enters judgment until the date of payment by Defendant, using the federal interest rate set forth in 28 U.S.C. § 1961. The Clerk of Court respectfully is requested to enter judgment in accordance with this order and to close the case. (Signed by Judge Mary Kay Vyskocil on 3/31/2023) (tro) Transmission to Orders and Judgments Clerk for processing.

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 3/31/2023

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
YU HING SU, JIAN OU, and JIAN BIN LIN,
on behalf of themselves and all others
similarly situated,

1:17-cv-10243-MKV

Plaintiffs,

ORDER ADOPTING
REPORT AND RECOMMENDATION

-againstHAILU ASIAN BISTRO INC., et al.,
Defendants.

MARY KAY VYSKOCIL, United States District Judge:
Plaintiffs Jian Ou and Jian Bin Lin brought this action on behalf of themselves and others
similarly situated against Defendant Hailu Asian Bistro Inc., to recover unpaid wages, overtime
wages, and other damages arising from Defendant’s alleged violations of the Fair Labor
Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). 1 [ECF No. 1] (“Compl.”).
After Defendant failed to answer, appear, or otherwise move with respect to the Complaint, the
Court granted a default judgment against Defendant with respect to liability only. [ECF No. 52].
The Court then referred this matter to Magistrate Judge Valerie Figueredo for an inquest on
damages. [ECF No. 55].
Judge Figueredo conducted a thorough and careful inquest and issued a Report and
Recommendation (the “Report”) that this Court award damages as specified in the Report.
Despite notification of the right to object to the Report, no party filed a timely (or untimely)
objection to the Report. Where no timely objections are made, the Court reviews the Report for

The complaint initially named five additional defendants, but the claims against those defendants were voluntarily
dismissed without prejudice by the plaintiffs. [ECF No. 51]. The complaint also included an additional named
plaintiff, Yu Hing Su, but the claims asserted by that plaintiff were dismissed without prejudice for failure to
prosecute. [ECF No. 54]

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clear error. See Braunstein v. Barber, No. 06-cv-5978, 2009 WL 1542707, at *1 (S.D.N.Y. June
2, 2009). Magistrate Judge Figueredo’s well-reasoned Report presents no such errors and is
therefore fully adopted by this Court.
For the reasons stated in the Report, Plaintiff Jia Bin Lin is hereby awarded $14,473.00
and Plaintiff Jian Ou is awarded $13,864.00. These awards are comprised of unpaid spread-ofhours wages, liquidated damages, and statutory damages. In addition, Plaintiffs are awarded prejudgment interest at the statutory rate of 9% a year, which the Clerk of Court is directed to
calculate as follows: for Plaintiff Lin, on the amount of $2,236.50, from June 19, 2017, to the
date judgment is entered; and for Plaintiff Ou, on the amount of $1,932.00, from July 5, 2017, to
the date judgment is entered. Finally, Post-judgment interest shall be calculated from the day the
Clerk of Court enters judgment until the date of payment by Defendant, using the federal interest
rate set forth in 28 U.S.C. § 1961.
The Clerk of Court respectfully is requested to enter judgment in accordance with this
order and to close the case.
SO ORDERED
Dated: March 31, 2023
New York, New York

_________________________________
MARY KAY VYSKOCIL
United States District Judge

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