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16-4028 - Lopez v. Royal Thai Plus, LLC et al

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16-4028 - Lopez v. Royal Thai Plus, LLC et al
April 12, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS, The court has reviewed both the record and the R&R and, finding no clear error, ADOPTS IN FULL the R&R (Dkt. 32). Plaintiff's Motion (Dkt. 23) is GRANTED. The court awards Plaintiff $43,509.38 in unpaid overtime wages; $2,669.75 in spread of hours pay; $46,179.13 in liquidated damages; pre-judgment interest in an amount to be calculated by the Clerk of Court by multiplying $11.39 by the number of days from August 31, 2016, until the entry of final judgment; $10,000 in statutory damages for violation of notice and record keeping and wage statement provisions; $3,780 in attorney's fees and $400 in costs; and, if any amountof the total judgment remains unpaid ninety days following judgment or ninety days after the expiration of time to appeal and no appeal is filed (whichever is later), the total amount of judgment should automatically increase by 15% under NYLL ยง 198(4). In addition. Plaintiff is ORDERED to either file a stipulation of dismissal with respect to Lumphong, or show cause why the case against Lumphong should not be dismissed for failure to prosecute. The Clerk of Courtis respectfully DIRECTED to enter judgment with respect to Royal Thai and Phakamas. So Ordered by Judge Nicholas G. Garaufis on 4/11/2018. (Lee, Tiffeny)