Sanchez Sanchez v. Ultimo, LLC D/B/A Malbec Restaurant

CourtDistrict Court, District of Columbia
DecidedApril 7, 2025
DocketCivil Action No. 2019-3188
StatusPublished

This text of Sanchez Sanchez v. Ultimo, LLC D/B/A Malbec Restaurant (Sanchez Sanchez v. Ultimo, LLC D/B/A Malbec Restaurant) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez Sanchez v. Ultimo, LLC D/B/A Malbec Restaurant, (D.D.C. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ADAN SANCHEZ SANCHEZ,

Plaintiff,

v. Case No. 19-cv-3188-MJS

ULTIMO, LLC D/B/A MALBEC RESTAURANT., et al.,

Defendants.

MEMORANDUM OPINION

In this case, Plaintiff Adan Sanchez Sanchez (“Sanchez”) sued his prior employer, Ultimo,

LLC d/b/a Malbec Restaurant (“Malbec”), and the restaurant’s owner, Felix Nelson Ayala

(“Ayala”), for violations of the Fair Labor Standards Act (“FLSA”), the D.C. Minimum Wage Act

(“DCMWA”), and the D.C. Wage Payment and Collection Law (“DCWPCL”). Sanchez claimed

Defendants wrongfully denied him overtime wages throughout his employment by improperly

treating him as an exempt employee. The case ultimately proceeded to a bench trial before former

Magistrate Judge Robin M. Meriweather, who ruled in favor of Sanchez and against Defendants,

awarding Sanchez nearly $450,000 in unpaid overtime wages and liquidated damages. Now,

Sanchez moves for an award of attorney’s fees and costs against Defendants as the prevailing

party. (ECF Nos. 54 & 66.) For the reasons below, the Court will GRANT the motion.

1 BACKGROUND

Sanchez worked at Malbec—an Argentinian steakhouse restaurant in the Dupont Circle

neighborhood of Washington, D.C. 1—from December 2015 through August 2019. He was “in

charge of the kitchen,” working as a “chef” or “kitchen manager.” Sanchez’s claims in the case

sprung from the fact he routinely worked more than 40 hours per week but was not paid overtime

wages. There was never any real dispute about those facts. Everyone agreed Sanchez generally

worked more than 40 hours per week without overtime pay—Defendants included. But the parties

disagreed about the legality of those facts, at least on the specific facts of this case. Sanchez insisted

Defendants’ failure to pay him overtime wages was unlawful. Defendants disagreed. According to

Defendants, Sanchez was never eligible for overtime pay because his position fell within an

overtime exemption under federal and D.C. law.

Following discovery, both sides moved for summary judgment, which Judge Meriweather

largely denied except on two discrete issues: (1) ruling, in Defendants’ favor, that the FLSA did

not apply to Sanchez’s position during 2016 and 2017 (but finding that the FLSA did apply during

2018 and 2019); and (2) ruling, in Sanchez’s favor, that Ayala qualified as an “employer” for

purposes of joint and several liability. (ECF No. 25.) From there, the case proceeded to a two-day

bench trial, and Judge Meriweather ultimately issued findings of fact and conclusions of law in

favor of Sanchez and against Defendants. Sanchez v. Ultimo, LLC, 2024 WL 3633696 (D.D.C.

Aug. 2, 2024.) Judge Meriweather found that Defendants failed to carry their burden to establish

that Sanchez was an exempt employee under the FLSA or D.C. law, and she determined Sanchez

was owed damages for unpaid overtime for the full period requested—2,770 hours total between

1 It appears Malbec is no longer in business. See https://www.malbecboutiquestk.com (“We are writing to you with a heavy heart to announce that Malbec Boutique Argentine Steakhouse will be closing its doors for the last time on 12/30/2023.”) (last visited April 7, 2025).

2 October 2016 and April 2019—totaling $112,102.50. Id. at *6–8. Judge Meriweather separately

awarded liquidated damages under the DCWPCL in the amount of $336,307.50, resulting in a total

award to Sanchez of $448,410. Id. at *8–9. Finally, Judge Meriweather ruled that an award of

“attorney’s fees and costs to the prevailing party is mandatory under the FLSA and DCMWA” and

directed Sanchez to file an appropriate petition on that issue. Id. *9.

Sanchez did so. A few weeks later, he filed the present motion for attorney’s fees and

costs—accompanied by detailed billing records and other supporting documentation—seeking

$463,626.63 in attorneys’ fees and $8,946.93 in costs. (ECF No. 54.) After the motion was briefed,

the case was reassigned to the undersigned following Judge Meriweather’s appointment to the

Court of Federal Claims. Around that same time, Defendants engaged new counsel and sought

leave to file a “supplement” to their original opposition. (ECF Nos. 61, 61-2.) The Court allowed

that filing but gave Sanchez the opportunity to file a response, which he did. (Dec. 20, 2024 Min.

Order; ECF No. 66.) In addition to addressing Defendants’ substantive arguments, Sanchez’s latest

brief adjusted the amount of the requested fee award to: (a) include the additional fees incurred in

preparing the fee petition, including by responding to Defendants’ supplemental filing; and

(b) incorporate the latest hourly rates. As such, Sanchez now seeks a total of $542,789.70 in

attorney’s fees and $8,946.93 in costs. The matter is fully briefed and ripe for decision. 2

LEGAL STANDARD

The FLSA and the DCMWA require the Court to award reasonable attorney’s fees and

costs to a prevailing plaintiff. The FLSA provides that a court “shall … allow a reasonable

attorney’s fee to be paid by the defendant, and costs of the action.” 29 U.S.C. § 216(b). And the

2 Because the issues are adequately presented by the parties’ written submissions—including supplemental filings, as noted—the Court exercises its discretion to decide the matter without a hearing. LCvR 7(f).

3 DCMWA provides that a court “shall … allow costs of [an] action, including costs or fees of any

nature, and reasonable attorney’s fees, to be paid by the defendant.” D.C. Code § 32-1308(b)(1).

“The initial estimate of a reasonable attorney’s fee is properly calculated by multiplying

the number of hours reasonably expended on the litigation times a reasonable hourly rate.” Ventura

v. L.A. Howard Constr. Co., 134 F. Supp. 3d 99, 105 (D.D.C. 2015) (quoting Blum v. Stenson, 465

U.S. 886, 888 (1984)). The applicant “bears the burden of establishing entitlement to an award,

documenting the appropriate hours, and justifying the reasonableness of the rates[.]” Covington v.

Dist. of Columbia, 57 F.3d 1101, 1107 (D.C. Cir. 1995). This requires providing “sufficiently

detailed information about the hours logged and the work done ... based on contemporaneous time

records,” Nat’l Ass’n of Concerned Veterans v. Sec’y of Def., 675 F.2d 1319, 1327 (D.C. Cir.

1982), and demonstrating that the hourly rates are “in line with those prevailing in the community

for similar services by lawyers of reasonably comparable skill, experience, and reputation,”

Ventura, 134 F. Supp. 3d at 105 (citing Kattan by Thomas v. Dist. of Columbia, 995 F.2d 274, 278

(D.C. Cir. 1993)). “When awarding attorneys’ fees, federal courts have a duty to ensure that claims

for attorneys’ fees are reasonable.” Swedish Hosp. Corp. v. Shalala, 1 F.3d 1261, 1265 (D.C. Cir.

1993). But courts have also long recognized that “a request for attorney’s fees should not result in

a second major litigation.” Hensley v.

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