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CASE NAME:Deyanira Espinal v. Ramco General Stores, Inc.
ALL PLAINTIFFS:Deyanira Espinal, Angela Berise Peralta Fritman, Maria Aravelie Gonzales Flores
ALL DEFENDANTS:Ramco General Stores, Inc. d/b/a Ramco and/or National Discount Store, Ramco General Store Inc 2 d/b/a Ramco and/or National Discount Store, and Albert Palacci
CITATION:2006 U.S. Dist. Lexis 74511
DOCKET NUMBER:04 CV 3594 (TPG)
SOURCE:Lexis Search
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:
TRIAL JUDGE(S):Thomas P. Griesa
YEAR OF ARREST:2004
YEAR OF VERDICT:2004
TYPE OF COURT:Federal
STATE:New York
FEDERAL DISTRICT:Southern District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:3
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:Dominican Republic, Mexico
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:No
NUMBER OF DEFENDANT(S):3
GENDER OF DEFENDANT(S):Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Retail store
FIRST CHARGE:
FIRST CHARGE US/STATE CODE CITATION:
FIRST CHARGE VERDICT/PLEA:
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SECOND CHARGE:
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THIRD CHARGE:
THIRD CHARGE US/STATE CODE CITATION:
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FOURTH CHARGE:
FOURTH CHARGE US/STATE CODE CITATION:
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FIFTH CHARGE:
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RESTITUTION REQUIRED:
FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:Unpaid minimum wages and overtime wages
FIRST CLAIM US/STATE CODE CITATION:29 U.S.C. 201 et seq. (FLSA)
FIRST CLAIM RESULT:Settled
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Unpaid minimum wages and overtime premiums
SECOND CLAIM US/STATE CODE CITATION:New York Labow Law Article 6 Section 190 et seq.
SECOND CLAIM RESULT:Settled
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Gender discrimination and retiliation
THIRD CLAIM US/STATE CODE CITATION:N.Y. Exec. Law 296
THIRD CLAIM RESULT:Liable
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Damages for Gender-motivated violence
FOURTH CLAIM US/STATE CODE CITATION:N.Y.C. Admin. Code 8-903
FOURTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Assault and battery
FIFTH CLAIM US/STATE CODE CITATION:
FIFTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:False imprisonment
SIXTH CLAIM US/STATE CODE CITATION:
SIXTH CLAIM RESULT:
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:455,000
APPEAL:Yes
EXPLANATION OF APPEAL:Appealed Sentence
APPELLATE OPINION CITATION:2007 U.S. Dist. Lexis 25117
HOLDING OF APPEALS COURT:Denied Defendarnts' motion for reduction of jury verdict and granted Plaintiffs' motion for attorney fees and costs
APPEAL STILL PENDING?:No
SUMMARY:Defendants owned discount retail stores and used sexual harassment and other coercion tactics to keep three employees from receiving adequate wages. The labor wages charges were ultimately settled but the defendants were found guilty of sexual harassment and other coercive charges including assaulting two of the women in an attempt to force them to clean his apartment. On appeal, the judge granted Plaintiffs a total of $878,196.10 which included an affirmation of the jury verdict of $455,000 as well as attorney fees and costs.
Approval Status:Approved
Approver Comments:
            
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