Amador et al v. 109-19 Food Corp. et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SANTOS AMADOR; DARWIN ORTIZ; and
MARIO AVILA,
Plaintiffs,
-against-
109-19 FOOD CORP. ET AL,
Defendants.
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MEMORANDUM & ORDER
21-CV-4633 (EK)(VMS)
ERIC KOMITEE, United States District Judge:
The Court has received Chief Magistrate Judge
Scanlon’s Report and Recommendation (R&R) dated January 30,
2026. 	ECF No. 77. 	Judge Scanlon recommends that plaintiffs’
motion for damages, attorneys’ fees and costs be granted in
substantial part. 	Neither party has filed objections and the
time to do so has expired. 	Accordingly, the Court reviews Judge
Scanlon’s recommendation for clear error on the face of the
record. 	See Fed. R. Civ. P. 72(b) advisory committee’s note to
1983 addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman,
968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013).
Having reviewed the record, I find no error and
therefore adopt the R&R in its entirety. 	Thus, plaintiffs’
motion is granted as set forth below, and denied as to certain
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discrete issues laid out in the R&R. 	The Clerk of Court is
respectfully directed to enter judgment awarding the following:
• 	As to Santos Amador:
o 	$31,312.44 in NYLL overtime-wage compensatory damages;
o 	$31,312.44 in NYLL liquidated damages; and
o 	$7.72 per day in prejudgment interest from November
23, 2017, until the date of judgment.
• 	As to Darwin Ortiz:
o 	$8,828.00 in NYLL overtime-wage compensatory damages;
o 	$24,203.16 in NYLL minimum-wage compensatory damages;
o 	$33,031.16 in NYLL liquidated damages; and
o 	$8.14 per day in prejudgment interest from January 1,
2020, until the date of judgment.
• 	As to Mario Avila:
o 	$13,887.49 in NYLL overtime-wage compensatory damages;
o 	$15,641.50 in NYLL minimum-wage compensatory damages;
o 	$399.25 in NYLL spread-of-hours compensatory damages;
o 	$29,928.57 in NYLL liquidated damages; and
o 	$7.38 per day in prejudgment interest from March 3,
2017, until the date of judgment.
• 	A fifteen percent increase in plaintiffs’ NYLL damages if
they remain unpaid more than ninety days after the entry of
judgment or the expiration of time to appeal, whichever
comes later;
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• 	Attorneys’ fees in the amount of $34,589.25;
• 	Costs in the amount of $5,953.03; and
• 	Post-judgment interest on the total amount of damages
awarded at the rate set forth in 28 U.S.C. § 1961,
calculated from the date on which the Clerk of Court enters
judgment until the date of payment.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	March 13, 2026
Brooklyn, New York
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