Su v. US Care PCA Agency, Inc.

Background

The United States Department of Labor, through Julie A. Su, Acting Secretary of Labor, brought this case against US Care PCA Agency, Inc., Muna Osman, and Shombe Hassam. The order states that Magistrate Judge Dulce J. Foster’s Report and Recommendation described the factual background, but the district court did not repeat those facts.

Report and Recommendation

Judge Foster recommended entering default judgment under Federal Rule of Civil Procedure 55. She found that the defendants failed to respond to court orders on time and that default judgment was an appropriate sanction because of their demonstrated pattern of delay or disregard for court orders. No objections were filed.

When no specific objections are made to a magistrate judge’s recommendation, the district court reviews it for clear error. The court reviewed Judge Foster’s analysis and conclusions and found no error, “clear or otherwise.”

Ruling

Judge Menendez adopted Judge Foster’s August 17, 2023, Report and Recommendation and ordered that default judgment be entered against US Care PCA Agency, Inc., Muna Osman, and Shombe Hassam. The court directed that judgment be entered accordingly. The order does not describe the underlying claims or decide them on their merits; the default judgment resulted from the defendants’ failure to respond to court orders and the court’s determination that default was an appropriate sanction.