Perez v. AC Roosevelt Food Corp.

STRAUB, Circuit Judge:

AC Roosevelt Food Corporation and Antonio Collado appeal from an August 13, 2012 order of the United States District Court for the Eastern District of New York (John Gleeson, Judge), as memorialized in a January 7, 2013 judgment, granting Miguel Perez’s motion for attorneys’ fees. Because the entry of judgment did not restart the time to appeal, we DISMISS the appeal as untimely.

The facts of this case as relevant to this appeal are as follows. Perez commenced this action for overtime wages on October 20, 2010. Defendants initially failed to appear and default was entered…