Soto v. Crismeli Deli Grocery Inc

Background

Yorman Soto brought this action individually and on behalf of others similarly situated against Crismeli Deli Grocery Inc. and Decatur Deli Food Corp. The opinion states that the two delis were owned and operated by Jose Dolores Garcia and Reymundo Cosme. Soto asserted claims under the Fair Labor Standards Act and the New York Labor Law.

The defendants did not answer the complaint or appear at a show-cause hearing. The court therefore had previously granted Soto’s request for entry of a default judgment and referred the question of damages to Magistrate Judge Barbara C. Moses for an inquest, or formal damages review.

Magistrate Judge’s Recommendation

On June 28, 2024, Magistrate Judge Moses issued a Report and Recommendation. She recommended that the plaintiffs receive aggregate damages of $162,653.44, plus prejudgment interest, against all defendants. The recommendation stated that the parties had fourteen days to object, but neither party filed an objection or requested more time.

Court’s Analysis and Ruling

When no timely objection is filed, the district court reviews a magistrate judge’s recommendation for clear error on the face of the record. Judge Broderick reviewed the recommendation and found no clear error.

Judge Broderick adopted the Report and Recommendation in its entirety. He directed the Clerk’s Office to terminate any open motions, enter judgment in accordance with the order, and close the case. Under the classification convention used here, this is a procedural order because the judgment followed the defendants’ default rather than an adversarial decision testing the underlying claims.