Cazares et al v. 2898 Bagel & Bakery Corp. et al

Filing 89

CLERK'S JUDGMENT re: 88 Order Adopting Report and Recommendations in favor of Ascencion Cazares against 2898 Bagel & Bakery Corp., Shlomo Sela; in favor of Benjamin F. Delacruz against 2898 Bagel & Bakery Corp., Shlomo Sela; in favor of G abino Romano Hernandez against Shlomo Sela; in favor of Hermenejildo Angel Prudente against Shlomo Sela; in favor of Susana E. Robles Martinez against Shlomo Sela; in favor of Ascencion Cazares, Benjamin F. Delacruz, Gabino Romano Hernandez, Herme nejildo Angel Prudente, Susana E. Robles Martinez against Shlomo Sela in the amount of $524,372.27. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 4, 2022, as of the date of the O rder, no objections have been filed. The Court has reviewed the R&R for clear error. The Court finds no clear error except for two computational errors. First, in the pre-judgment interest on unpaid minimum wage damages table for Plaintiff Cazares , on page 37 of the R&R, the total should be $1,219.54 as opposed to $1,376.23. This total is consistent with Judge Freeman's calculations within the table. Accordingly, the total of pre-judgment interest on page 38 should be $ 21,984.79 instead of $22,141.48. Second, in the lodestar table on page 60, the total for Naydenskiy should be $280.00 as opposed to $490.00, and the total for Paralegal(s) should be $370.00 as opposed to $455.00. These tota ls are consistent with Judge Freeman's recommended hourly rates and hours billed. Accordingly, the total lodestar on page 60 should be $1,865.00 instead of $2,160.00. The Court otherwise adopts the R&R in all respects. The Court has awarded Plaintiffs damages, fees, costs, and interest in the following amounts: Cazares: $161,859.05, plus interest in the amount of $18,621.83; Delacruz: $58,671.96, plus interest in the amount of $5,973.83; Romano: $224 ,330.68, plus interest in the amount of $26,350.05; Angel: $14,739.47, plus interest in the amount of $643.08; Robles: $10,805.48, plus interest in the amount of $111.84; Attorneys' fees and costs: $2,265.00; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/10/2022) (Attachments: # 1 Right to Appeal) (km)

Case 1:18-cv-05953-AJN-VF Document 89 Filed 05/10/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

------------------------------------------------------------X
Ascencion Cazares, et al.,
Plaintiffs,
-against-

18 CIVIL 5953 (AJN)(VF)

JUDGMENT

2898 Bagel & Bakery Corp., et al.,
Defendants.
-----------------------------------------------------------X

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order dated May 4, 2022, as of the date of the Order, no objections have
been filed. The Court has reviewed the R&R for clear error. The Court finds no clear error
except for two computational errors. First, in the pre-judgment interest on unpaid minimum wage
damages table for Plaintiff Cazares, on page 37 of the R&R, the total should be $1,219.54 as
opposed to $1,376.23. This total is consistent with Judge Freeman's calculations within the table.
Accordingly, the total of pre-judgment interest on page 38 should be $21,984.79 instead of
$22,141.48. Second, in the lodestar table on page 60, the total for Naydenskiy should be $280.00
as opposed to $490.00, and the total for Paralegal(s) should be $370.00 as opposed to $455.00.
These totals are consistent with Judge Freeman's recommended hourly rates and hours billed.
Accordingly, the total lodestar on page 60 should be $1,865.00 instead of $2,160.00. The Court
otherwise adopts the R&R in all respects. The Court has awarded Plaintiffs damages, fees, costs,
and interest in the following amounts: Cazares: $161,859.05, plus interest in the amount of
$18,621.83; Delacruz: $58,671.96, plus interest in the amount of $5,973.83; Romano:
$224,330.68, plus interest in the amount of $26,350.05; Angel: $14,739.47, plus interest in the

Case 1:18-cv-05953-AJN-VF Document 89 Filed 05/10/22 Page 2 of 2

amount of $643.08; Robles: $10,805.48, plus interest in the amount of $111.84; Attorneys' fees
and costs: $2,265.00; accordingly, the case is closed.
Dated: New York, New York
May 10, 2022

BY:

RUBY J. KRAJICK
_________________________
Clerk of Court
_________________________
Deputy Clerk