Alston v. Select Garages LLC
- Ho
- 1:24-cv-05439
- U.S. District Court · Southern District of New York
- 2
In Alston v. Select Garages LLC, Judge Ho adopted a recommendation for default judgment and damages against Select Garages LLC.
The plaintiffs, including Fred Alston as a trustee of Local 272 Labor-Management Pension Fund, and Select Garages, LLC. The order adopted a recommendation for default judgment and monetary awards against Select Garages, LLC.
What happened
In Alston v. Select Garages LLC, a magistrate judge reviewed damages after the defendant did not participate in the case as required for the matter to proceed normally. The magistrate judge recommended entering default judgment against Select Garages LLC.
The recommendation called for $4,323.48 in outstanding contributions, monthly interest at 1.5% from July 1, 2023, until judgment, matching liquidated damages, post-judgment interest, $2,607 in attorney’s fees, and $405 in costs.
No objections were filed. Judge Dale E. Ho found the recommendation well supported and adopted it in its entirety. The court also stated that Select Garages LLC waived its right to object to the recommendation or obtain appellate review.
The detailed version
- Alston v. Select Garages LLC · No. 1:24-cv-05439
- Ho
- Feb. 21, 2025
Background
Fred Alston, as a trustee of Local 272 Labor-Management Pension Fund, and other plaintiffs brought this labor matter against Select Garages, LLC. The matter was referred to Magistrate Judge Cave to determine damages after the defendant's default.
Report and Recommendation
On January 21, 2025, Magistrate Judge Cave recommended that the court enter default judgment against Select Garages, LLC. The recommended award included:
- $4,323.48 in outstanding contributions; - interest on those contributions at 1.5% per month, calculated from July 1, 2023, through the date judgment is entered; - liquidated damages equal to the interest owed on the outstanding contributions; - post-judgment interest under 28 U.S.C. § 1961; - $2,607 in attorney’s fees; and - $405 in costs.
Objections and Review
The Report and Recommendation gave the parties 14 days to object and warned that failing to object on time would waive the right to object. It also referred the parties to Federal Rule of Civil Procedure 72 and 28 U.S.C. § 636(b)(1). No objections or requests for additional time were filed.
Because no objections were made, the court explained that Select Garages, LLC waived its right to object to the recommendation or obtain appellate review. The court nevertheless reviewed the recommendation and found it well reasoned and supported by the facts and law.
Disposition
Judge Dale E. Ho adopted the Report and Recommendation in its entirety. The opinion states that default judgment was to be entered against Select Garages, LLC with the recommended monetary awards and interest.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.