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

District Court, District of Columbia·Decided April 7, 2025·No. Civil Action No. 2019-3188·Published

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.

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).

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).

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. Eckerhart, 461 U.S. 424, 437 (1983).

DISCUSSION

At the outset, Defendants do not disagree that Sanchez is entitled to some award of fees and costs as the prevailing party. And for good reason: Sanchez prevailed on his claims at trial. But Defendants do press several arguments—across their two briefs—as to why the Court should reduce the amount of fees requested and instead limit the award to no more than about $130,000 total. First, Defendants contest the hourly rates proposed by Sanchez as too high. Second,

Free access — add to your briefcase to read the full text and ask questions with AI

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

Sanchez Sanchez v. Ultimo, LLC D/B/A Malbec Restaurant (Sanchez Sanchez v. Ultimo, LLC D/B/A Malbec Restaurant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hensley v. Eckerhart
461 U.S. 424 (Supreme Court, 1983)
Blum v. Stenson
465 U.S. 886 (Supreme Court, 1984)
Falica v. ADVANCE TENANT SERVICES, INC.
384 F. Supp. 2d 75 (District of Columbia, 2005)
Salazar v. District of Columbia
123 F. Supp. 2d 8 (District of Columbia, 2000)
Beck v. Test Masters Educational Services, Inc.
73 F. Supp. 3d 12 (District of Columbia, 2014)
United States v. Dynamic Visions Inc.
307 F.R.D. 299 (District of Columbia, 2015)
Eley v. District of Columbia
793 F.3d 97 (D.C. Circuit, 2015)
Ventura v. L. A. Howard Construction Company
134 F. Supp. 3d 99 (District of Columbia, 2015)
Merrick v. District of Columbia
134 F. Supp. 3d 328 (District of Columbia, 2015)
Makray v. Solis
159 F. Supp. 3d 25 (District of Columbia, 2016)
Serrano v. Chicken-Out Inc.
209 F. Supp. 3d 179 (District of Columbia, 2016)
Radtke v. Caschetta
254 F. Supp. 3d 163 (District of Columbia, 2017)
Cortes Herrera v. Mitch O'Hara LLC
257 F. Supp. 3d 37 (District of Columbia, 2017)