· 6/12/2007
Hernandez v. La Cazuela De Mari Restaurant, Inc.
Citations
- 538 F. Supp. 2d 528
- 2007 U.S. Dist. LEXIS 42494
- 2007 WL 1704174
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Together, they own La Cazuela de Mari, and they both acted as managers of the restaurant.”
- “The incurrence of these costs [of moving for a default judgment] does not establish prejudice. Nor does mere delay, without more, constitute prejudice.” (citation omitted)
- “[T]he question of whether an individual is an employer under New York law involves the same considerations as those under federal law.”
- “the question of whether an individual is an employer under New York law involves the same considerations as those under federal law”
- “Courts have consistently held that ‘a corporate officer with operational control of a corporation’s covered enterprise is an employer along with the corporation, jointly and severally liable under the FLSA for unpaid wages.”
- “Despite any meritoriousness of an anticipated defense, a default judgment should not be vacated if the default was willful (citing Action S.A. v. Marc Rich & Co., 951 F.2d 504, 507 (2d Cir.1991))
Source: CourtListener parenthetical corpus (CC0).
Judges: Dora L. Irizarry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.