Martinez v. 2009 Bamkp Corp.
- George Daniels
- 1:18-cv-07414
- U.S. District Court · Southern District of New York
- 3
In Martinez v. 2009 Bamkp, Judge Daniels entered default judgment for the plaintiffs and awarded damages, fees, and costs.
The plaintiffs, Efrain Martinez and Leovigildo Vasquez, received default judgment and specified damages. The defendants—2009 Bamkp Corp., St. Nicholas JM Deli Grocery, Inc., and Pablo Peguero—were ordered to pay the damages, attorneys’ fees, and costs.
What happened
Efrain Martinez and Leovigildo Vasquez sued 2009 Bamkp Corp., St. Nicholas JM Deli Grocery, Inc., and Pablo Peguero under federal and New York wage laws. The defendants did not respond to the plaintiffs’ request for judgment.
A magistrate judge recommended granting the request and awarding the plaintiffs damages, attorneys’ fees, and costs. No party objected to that recommendation.
Judge Daniels adopted the recommendation, entered default judgment for the plaintiffs, and ordered payment of $160,656.99 to Martinez, $137,463.12 to Vasquez, and $9,228 in attorneys’ fees and costs.
The detailed version
- Martinez v. 2009 Bamkp Corp. · No. 1:18-cv-07414
- George Daniels
- Jan. 23, 2020
Background
Efrain Martinez brought the action against 2009 Bamkp Corp., doing business as La Antillana; St. Nicholas JM Deli Grocery, Inc., doing business as La Antillana; and Pablo Peguero. The complaint alleged violations of the Fair Labor Standards Act and New York Labor Law. Leovigildo Vasquez later filed a consent to sue. The plaintiffs moved for default judgment on June 5, 2019. The defendants did not respond.
The court referred the matter to Magistrate Judge Kevin N. Fox for general pretrial supervision and for a report and recommendation on dispositive motions. Judge Fox recommended granting the motion for default judgment and awarding damages, attorneys’ fees, and costs. The parties did not file objections.
Court’s Review
Under 28 U.S.C. § 636(b)(1)(C), a district court may accept, reject, or modify a magistrate judge’s report and recommendation. When no objections, or only perfunctory objections, are filed, the district court reviews the report for clear error, meaning a definite and firm conviction that a mistake was made.
The court reviewed Judge Fox’s report and found no clear error. It concluded that the plaintiffs satisfied the requirements for default judgment and directed entry of judgment in their favor against the defendants. The court also found no error in Judge Fox’s damages and fee calculations.
Disposition
Judge George B. Daniels adopted Judge Fox’s report in full. The defendants were ordered to pay Martinez $160,656.99 in damages, Vasquez $137,463.12 in damages, and the plaintiffs $9,228 in attorneys’ fees and costs.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.