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Wolff v. Seedays (Illinois) LLC

United States District Court, N.D. Illinois, Eastern Division

March 28, 2017

Steven F. Wolff Plaintiff,
v.
Seedays (Illinois) LLC And Dmitry Isaev individually and in his Official capacities as an “employer” as defined Under Illinois law and FLSA Defendants.

          STEVEN WOLFF John Ireland THE LAW OFFICE OF JOHN C. IRELAND.

          SUSAN E. COX MAGISTRATE JUDGE.

          PLAINTIFF'S REQUEST FOR ADDITIONAL REMEDIES

          THE HONORABLE MATTHEW F. KENNELLY JUDGE.

         NOW COMES BEFORE THIS HONORABLE COURT, Plaintiff, Steven F. Wolff (“Plaintiff”), by his attorney JOHN IRELAND, Moves this Honorable Court for an Order containing the following: 1) An Award for Plaintiff's owed salary in accord with the Illinois Wage Payment and Collection Act (IWPCA) 2) An Award of a 2% statutory penalty for the violation of the IWPCA 3) An Award of Pre-Judgment Interest under Illinois Law 4) an Award of Liquidated Damages under the FLSA against the Defendants alleges as follows:

         1. This civil action is brought by Steven Wolff (Plaintiff) who seeks redress for the Defendant's violations of his rights under the Fair Labor Standards Act, 29 U.S.C. § 201, et. seq. and for violations of the Illinois Minimum Wage Act (“IMWA”), 820 ILCS §105 et seq and Illinois Wage Payment and Collection Act (IWPCA).

         2. Plaintiff has received a Default Judgment from this Court. (see Docket Document # 34).

         3. This Court set the Prove-Up of the Plaintiff's Damages for March 30, 2017 and requested the proofs via Affidavit.

         4. In a Prove-Up of Plaintiff's damages Plaintiff now submits to the court an Affidavit providing sworn testimony as follows:

a. Plaintiff was an employee of the Seedays (Illinois) LLC (Hereinafter referred to as “Seedays”). (See Affidavit of Plaintiff Steven Wolff, attached to this Motion as Exhibit 1, ¶3).
b. Plaintiff was an employee of Seedays.
c. Plaintiff and Seedays had a wage Agreement (as per the IWPCA) that Plaintiff was to be paid a salary $8, 333.00 per week before taxes and deductions. (see Affidavit Exhibit 1)
d. However, beginning in January of 2015, Seedays failed to pay any wages to Plaintiff from Mid-January to April of 2015. (Ex 1 ¶ 5).
e. During this time, January to April of 2015 Plaintiff continued to work until he quit due to non-payment of wages. (Ex 1 ¶ 6)
f. Plaintiff is owed wage payments in accord with the IWPCA Agreement between Plaintiff and Defendant Seedays. (Ex 1. ¶ 7)
g. The unpaid wages totals five pay periods and/or 10 weeks from 1/14/15 to 4/1/15. (Ex. 1 ¶ 8)
h. Thus Plaintiff is owed his Agreed-To salary of $8, 333.00 multiplied by five (5) for a total of $41, 665.00. (Ex 1 ¶ 9).
i. Additionally for the five pay periods Plaintiff was paid no wages, despite working approximately 50 hours per week. (Ex. 1 ¶ 10)
j. Thus Plaintiff was paid no wages for his forty hours of work and ten hours of overtime ...

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