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CASE NAME:Lopez v. De Mayo Bakery, Inc.
ALL PLAINTIFFS:Blanca Guadalupe Lopez, Diomedes Tapia, Virginia Ortiz, Leonor Ramirez, Juan Jose Moreno, Lorenzo Vasquez, Cristina Corona, Arturo Aguilar, Jaime Herrera, Amailia Alvarez, Erasmo Mecalco, Maximo Hernandez, Lilibeth Sandoval
ALL DEFENDANTS:De Mayo Bakery, Inc., 5 De Mayo Mexican II Restaurant, Inc., Raymundo Torres, And Erba Aparicio
CITATION:
DOCKET NUMBER:A-2520-08T3
SOURCE:http://www.leagle.com/unsecure/page.htm?shortname=innjco20100720330
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:
TRIAL JUDGE(S):
YEAR OF ARREST:
YEAR OF VERDICT:2008
TYPE OF COURT:State Court
STATE:New Jersey
FEDERAL DISTRICT:
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:10 +
GENDER OF VICTIM(S):Female and Male
VICTIM'S COUNTRY OF ORIGIN:
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:
NUMBER OF DEFENDANT(S):5
GENDER OF DEFENDANT(S):
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Restaurant/Bar Industry
FIRST CHARGE:
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RESTITUTION REQUIRED:
FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:Fair Labor Standards Act
FIRST CLAIM US/STATE CODE CITATION:29 U.S.C.A sections 201-219
FIRST CLAIM RESULT:
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:New Jersey Wage and Hour Law
SECOND CLAIM US/STATE CODE CITATION:N.J.S.A. 34:11-4.1 to -67
SECOND CLAIM RESULT:
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Intentional Infliction of Emotional Distress
THIRD CLAIM US/STATE CODE CITATION:
THIRD CLAIM RESULT:
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Negligent Infliction of Emotional Distress
FOURTH CLAIM US/STATE CODE CITATION:tortious and fraudulent conversion of salaries
FOURTH CLAIM RESULT:
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:
FIFTH CLAIM US/STATE CODE CITATION:N.J.S.A. 2C:41-1 to -6.2 (New Jersey RICO Statute)
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DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:798387.26
APPEAL:Yes
EXPLANATION OF APPEAL:Appealed Plea
APPELLATE OPINION CITATION:
HOLDING OF APPEALS COURT:
APPEAL STILL PENDING?:No
SUMMARY:Plaintiffs worked in defendants facilities and worked for hourly wages in various positions, to include waiters, waitresses, busboys, and kitchen workers. Plaintiffs complained of being paid less than minimum wage, of being threatened by employers, and wages repeated being deducted for unauthorized reasons. In addition, plaintiffs specifically complained of human trafficking. Default judgment was entered against defendants. Awards varied by plaintiff, but ranged from $8,915.36 to $76,670.76 plus attorneys fees of $753,807.60 and costs of $35,664.30.
Approval Status:Approved
Approver Comments:
            
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