Rosario v. Fresh Smoothies LLC et al

Filing 45

CLERK'S REVISED JUDGMENT re: 44 Order in favor of Yajaira Rosario against Fresh Frutii LLC, Fresh Smoothies LLC in the amount of $73,871.73. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court' s Opinion and Order dated December 9, 2021, and the Courts Amended Memorandum and Order dated August 1, 2022, the motion to amend the judgment is GRANTED. The caption has substituted Robinson Capellan in place of Robinson Capello and the judgment is revised containing the correct name for Defendant Robinson Capellan. The Court concludes that Plaintiff is entitled to relief on her claims under the NYLL for back wages and payroll-notice and wage-statement violations; under the IRC for filin g of a false information return; and for attorneys' fees and costs. Fresh Frutii and Fresh Smoothies, as part of a corporate combine, shall be jointly liable for the amounts set forth. Judgment is entered reflecting the Court's holding a nd setting forth Plaintiff's damages as follows: $22,033.75 in back wages under the NYLL, with 9% prejudgment interest accruing from July 23, 2018, the midpoint of Plaintiff's employment with Defendants, until the date of judgm ent, in the amount of $6,709.73. $22,033.75 in liquidated damages. $5,000 for Defendants' violation of NYLL § 195(1); $5,000 for Defendants' violation of NYLL § 195(3); and $5,000 for Defendants' v iolation of 26 U.S.C. § 7434. Post-judgment interest on the above sums pursuant to 28 U.S.C. § 1961. Plus, attorneys' fees in the amount of $7,312.50 and costs in the amount of $782.00; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/2/2022) (Attachments: # 1 Right to Appeal) (km)

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Case 1:20-cv-05831-LJL Document 45 Filed 08/02/22 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X YAJAIRA ROSARIO, -against- Plaintiff, FRESH SMOOTHIES LLC, FRESH FRUTII LLC, ROBINSON CAPELLAN, and JOHN FRANCIS RIVERA, 20 CIVIL 5831 (LJL) REVISED JUDGMENT Defendants. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 9, 2021, and the Court’s Amended Memorandum and Order dated August 1, 2022, the motion to amend the judgment is GRANTED. The caption has substituted “Robinson Capellan” in place of “Robinson Capello” and the judgment is revised containing the correct name for Defendant Robinson Capellan. The Court concludes that Plaintiff is entitled to relief on her claims under the NYLL for back wages and payroll-notice and wage-statement violations; under the IRC for filing of a false information return; and for attorneys' fees and costs. Fresh Frutii and Fresh Smoothies, as part of a corporate combine, shall be jointly liable for the amounts set forth. Judgment is entered reflecting the Court's holding and setting forth Plaintiff's damages as follows: $22,033.75 in back wages under the NYLL, with 9% prejudgment interest accruing from July 23, 2018, the midpoint of Plaintiff's employment with Defendants, until the date of judgment, in the amount of $6,709.73. $22,033.75 in liquidated damages. $5,000 for Defendants' violation of NYLL § 195(1); $5,000 for Defendants' violation of NYLL § 195(3); and $5,000 for Defendants' violation of 26 U.S.C. § 7434. Post-judgment Case 1:20-cv-05831-LJL Document 45 Filed 08/02/22 Page 2 of 2 interest on the above sums pursuant to 28 U.S.C. § 1961. Plus, attorneys' fees in the amount of $7,312.50 and costs in the amount of $782.00; accordingly, the case is closed. Dated: New York, New York August 2, 2022 BY: RUBY J. KRAJICK _________________________ Clerk of Court _________________________ Deputy Clerk

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