Motion | Filed: August 19, 2026
| Entered: August 19, 2026
DeBiccari v. Legends CLS, Inc. et al
Labor: Fair Standards | New York Eastern
Default Judgment
MOTION for Default Judgment by Louis DeBiccari. (Attachments: # 1 Memorandum in Support, # 2 Proposed Judgment, # 3 Affidavit of Louis DeBiccari, # 4 Declaration of Matthew Weinick, Esq., # 5 Exhibit 1 - Complaint, # 6 Exhibit 2 - Affidavits of Service, # 7 Exhibit 3 - Invoices and receipt, # 8 Exhibit 4 - Law firm time records, # 9 Exhibit 5 - Certificate of Default, # 10 Certificate of Service) (Weinick, Matthew)
Order | Filed: August 17, 2026
Avendano-Cabrera v. Modern Comfort, LLC et al
Labor: Fair Standards | New York Southern
Order
JUDGMENT: Pursuant to Rule 68 of the Federal Rules of Civil Procedure, Defendants MODERN COMFORT, LLC d/b/a MODERN COMFORT and LARRY ADLER, (collectively, "Defendants") hereby offer to allow judgment to be taken against them, and in fav or of YESSICA AVENDANO-CABRERA ("Plaintiff"), in the sum of Twenty-Five Thousand Dollars and No Cents ($25,000.00) ("Judgment Amount"), inclusive of all of Plaintiff's attorneys' fees, costs, expenses, and disbur sements accrued in the Action through the date of this Offer, and waiver of any claim against Plaintiff for repayment of the cash sums transferred to or on behalf of Plaintiff that Defendants have characterized as loans or advances (the "Alleg ed Loans"), in full and final settlement of all of Plaintiff's wage claims, including but not limited to her claims for unpaid wages, unpaid overtime, spread-of-hours pay, wage notice and wage statement penalties, allowances, and liquidate d damages against the Defendants. Defendants shall fund the Judgment Amount within thirty (30) days after Plaintiff's acceptance of this Offer. Payment shall be made, without withholding, to Famighetti & Weinick, PLLC, as attorneys, for disburse ment as follows: (a) to Famighetti & Weinick, PLLC, Eight Thousand Five Hundred Ninety-Five and 13/100 Dollars ($8,595.13), representing attorneys' fees, costs, expenses, and disbursements; and (b) to Yessica Avendano-Cabrera, Sixteen Thous and Four Hundred Four and 87/100 Dollars ($16,404.87). This Offer of Judgment is made for the purposes specified in Federal Rule of Civil Procedure 68, and neither this Offer of Judgment nor any judgment that may result from this Offer of Judgment shall be construed as either an admission of liability on the part of Defendants, or that Plaintiff has suffered any damages, as further set forth herein. (Signed by Judge Nelson Stephen Roman on 8/17/2026) (mml)