Garzon v. Building Services Inc.
- Rochon
- 1:24-cv-05429
- U.S. District Court · Southern District of New York
- 3
In Garzon v. Building Services Inc., Judge Rochon adopted the recommendation and directed default judgment for Garzon totaling $50,611.72 plus interest.
Dora Elisa Garzon received a default judgment against Building Services, Inc., Michael A. Gomez, and Guadalupe Castillo. The defendants were held responsible for the specified damages, interest, attorneys’ fees, and costs.
What happened
In Garzon v. Building Services Inc., the defendants did not respond, and the Clerk entered their default. Dora Elisa Garzon then asked the court to enter a default judgment. The court referred the request and damages calculation to Magistrate Judge Robyn F. Tarnofsky.
Judge Tarnofsky recommended awarding Garzon $50,611.72 plus postjudgment interest. The award included unpaid wages, overtime and spread-of-hours premiums, liquidated damages, prejudgment interest, interest on late payments, and attorneys’ fees and costs.
No party objected to the recommendation. Judge Jennifer L. Rochon reviewed it for clear error, found none, adopted it in its entirety, and directed the Clerk to enter final judgment for Garzon and close the case.
The detailed version
- Garzon v. Building Services Inc. · No. 1:24-cv-05429
- Rochon
- July 23, 2025
Background
The Clerk of Court entered a certificate of default against Building Services, Inc., Michael A. Gomez, and Guadalupe Castillo on October 3, 2024. Dora Elisa Garzon moved for default judgment against all three defendants on October 18, 2024. The court referred the motion to Magistrate Judge Robyn F. Tarnofsky for a recommendation and a damages inquiry.
Report and Recommendation
On July 2, 2025, Judge Tarnofsky recommended granting Garzon’s motion and awarding $50,611.72 plus postjudgment interest. The recommendation included:
- $19,167.00 in compensatory damages: $6,768.00 in unpaid weekly wages, $11,208.00 in unpaid overtime premium wages, and $1,191.00 in spread-of-hours premium wages; - $19,167.00 in liquidated damages; - $3,864.07 in prejudgment interest as of July 2, 2025, plus $4.73 per day until final judgment; - $149.15 in interest on late payments; - $8,264.50 in attorneys’ fees and costs; and - postjudgment interest under 28 U.S.C. § 1961.
Review and Ruling
The report gave the parties fourteen days to object. That period expired without any objections. Judge Jennifer L. Rochon therefore reviewed the uncontested report for clear error, meaning an obvious mistake in the record. She found the report comprehensive, well-reasoned, and free from clear error, and adopted it in its entirety.
The court directed the Clerk to enter final judgment in favor of Garzon and against the defendants, terminate the default-judgment motion, and close the case. The judgment amounts were $19,167.00 in compensatory damages, $19,167.00 in liquidated damages, $3,864.07 in prejudgment interest as of July 2, 2025 with $4.73 added per day until final judgment, $149.15 in interest on late payments, and $8,264.50 in attorneys’ fees and costs, plus postjudgment interest.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.