Nestor Victor v. Sams Deli Grocery Corp.

• Court: District Court, S.D. New York
• Decided: April 19, 2022
• Docket: 1:19-cv-02965-SLC
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PASTOR NESTOR VICTOR, individually and on behalf of all others similarly situated,

CIVIL ACTION NO.: 19 Civ. 2965 (SLC) Plaintiff, -v-

ORDER SAM’S DELI GROCERY CORP d/b/a SAM’S DELI, et al.,

Defendants. SARAH L. CAVE, United States Magistrate Judge. On April 18, 2022, Plaintiff Pastor Nestor Victor filed a motion for default judgment against Defendants Sam’s Deli Grocery Corp. (d/b/a Sam’s Deli) and Walid Mohamed Siedi (collectively, the “Defendants). Plaintiff seeks inter alia a judgment in the amount of $172,897.75 against the Defendants, for failure to pay the minimum wage, overtime compensation, plus statutory damages, and liquidated damages. Plaintiff further seeks attorneys' fees and costs in the amount of $16,722.40. Accordingly, it is hereby ORDERED that Defendants shall submit their response, if any, to Plaintiff’s Motion, no later than Wednesday, May 20, 2022. IF DEFENDANTS (1) FAIL TO RESPOND TO PLAINTIFF’S MOTION, OR (2) FAIL TO CONTACT MY CHAMBERS BY MAY 20, 2022 AND REQUEST AN IN-COURT HEARING, I INTEND TO ISSUE A REPORT AND RECOMMENDATION CONCERNING THE MOTION AND DAMAGES BASED ON PLAINTIFF’S WRITTEN SUBMISSIONS ALONE WITHOUT AN IN-COURT HEARING. See Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) (“‘[I]t [is] not necessary for the District Court to hold a hearing, as long as it ensured that there was a basis for the damages specified in a default judgment.’” (quoting Fustok_v. ContiCommodity Services Inc., 873 F.2d 38, 40 (2d Cir. 1989))). Plaintiff is directed to serve this Order on Defendants and to file proof of service by no later than Friday, April 22, 2022. Dated: New York, New York SO ORDERED. April 19, 2022 AWE we SARAH L. CA United States Magistrate Judge