Motion | Filed: August 07, 2026
| Entered: August 07, 2026
Matute v. Nostrand II Meat Corp. et al
Labor: Fair Standards | New York Eastern
Report and Recommendations
REPORT AND RECOMMENDATIONS re 37 : For the reasons stated in the attached Report and Recommendation, the Court respectfully recommends that Plaintiff's motion for default judgment against Defendants Jamall 1 Corp., doing business as The Meat Place, and Stanley Lormestil (ECF No. 37, as supplemented by ECF No. 41), should be granted in part and denied in part as follows: (1) the Clerk of Court should enter the proposed default judgment against Defendants Jamall 1 Corp., doing business as The Meat Place, and Stanley Lormestil; (2) Plaintiff should be awarded damages of $96,333.71, which includes: (a) $60.00 in unpaid minimum wages; (b) $33,423.50 in underpaid overtime wages; (c) $4,665.00 for unpaid spread of hours pay; (d) $38,148.50 in liquidated damages; (e) $10,000.00 in statutory damages for failure to provide wage notices and wage statements; (f) $10,036.71 in pre-judgment interest to increase at a rate of $9.41 per day until entry of judgment; (g) Plaintiff should be awarded post-judgment interest at the rate set forth in 28 U.S.C. § 1961; (h) Plaintiff should be granted an increase of 15% of any unpaid amount of the judgment still pending after 90 days following the entry of judgment and leave to seek attorneys' fees to enforce any unpaid judgment, pursuant to N.Y. Lab. Law § 198(4). All other requests in Plaintiff's motion should be denied.
A copy of this Report and Recommendation is being served on Plaintiff via ECF. The Clerk of Court is respectfully directed to mail a copy of this Report and Recommendation to Jamall 1 Corp. d/b/a The Meat Place at 1421-23 Nostrand Avenue, Brooklyn, New York 11229; and to Stanley Lormestil at 180 Emporia Avenue, Elmont, New York 11003, and 140-16 172nd Street, Jamaica, New York 11434.
Within 14 days of service, any party may serve and file specific written objections to this Report and Recommendation. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b). Any requests for an extension of time to file objections shall be directed to Judge Merle. If a party fails to object timely to this Report and Recommendation, it waives any right to further judicial review of this decision. See Nambiar v. Cent. Orthopedic Grp., LLP, 158 F.4th 349, 359 (2d Cir. 2025). So Ordered by Magistrate Judge Marcia M. Henry on 08/07/2026. (BMF)