Almanzar v. BX Auto Concept Corp.

Background

Antonio De La Cruz Almanzar sued BX Auto Concept Corp., Bronx Auto Concept Corp., and Gerardo Ortega. The complaint alleged, among other things, violations of the overtime provisions of the Fair Labor Standards Act and the New York Labor Law.

The defendants failed to answer or otherwise respond. The Clerk issued certificates of default, and the Court previously granted Almanzar’s motion for default judgment. The Court then referred the case to Magistrate Judge Aaron to determine the damages owed.

Report and Recommendation

Judge Aaron issued a Report and Recommendation addressing damages. The parties were told they had 14 days to submit written objections, but no objections or requests for more time were filed. The Court therefore reviewed the report for clear error on the face of the record rather than conducting a fresh review of disputed issues.

The Court found no clear error and agreed with Judge Aaron’s calculations. The report found that Almanzar’s spreadsheet accurately calculated $137,916.43 in unpaid overtime wages. It also recommended an equal amount—$137,916.43—in liquidated damages under the New York Labor Law. The report further recommended prejudgment interest at 9 percent per year on the unpaid-wages amount beginning September 16, 2022.

Ruling and Disposition

Judge Ho adopted Judge Aaron’s Report and Recommendation in full. The Court awarded Almanzar $137,916.43 in unpaid overtime wages and $137,916.43 in liquidated damages, for total damages of $275,832.86. The Clerk was directed to calculate and add 9-percent-per-year prejudgment interest on $137,916.43 from September 16, 2022, through May 15, 2025. The Clerk was also directed to enter judgment and terminate the case. Almanzar was ordered to serve the defendants with a copy of the order by mail no later than May 22, 2025.