Garcia v. The Comprehensive Center, LLC
- James Oetken
- 1:17-cv-08970
- U.S. District Court · Southern District of New York
- 2
In Garcia v. The Comprehensive Center, LLC, Judge Oetken adopted a damages recommendation after default judgment and ordered judgment.
Dulce Garcia received the damages award recommended by Magistrate Judge Barbara C. Moses. The five business-entity defendants and Nathan Sklar were subject to the earlier default judgment. The opinion does not identify the fifth individual defendant's name or state the damages amount.
What happened
Garcia v. The Comprehensive Center, LLC was an employment discrimination case brought by Dulce Garcia against five business entities and two individuals. The court had previously entered default judgment against the five entities and Nathan Sklar.
The court referred the question of damages to Magistrate Judge Barbara C. Moses, who conducted a damages hearing process and issued a recommendation. No party timely objected to that recommendation.
Judge J. Paul Oetken found no clear error, adopted the recommendation in full, awarded damages as calculated in the recommendation, directed the Clerk of Court to enter judgment, and closed the case.
The detailed version
- Garcia v. The Comprehensive Center, LLC · No. 1:17-cv-08970
- James Oetken
- Mar. 24, 2020
Background
Dulce Garcia filed an employment discrimination action against five business entities and two individuals on November 16, 2017. On August 16, 2018, the court granted Garcia's motion for default judgment against all five business entities and Nathan Sklar. A default judgment is a judgment entered when a defendant does not defend the case.
Damages Recommendation
The court referred the case to Magistrate Judge Barbara C. Moses to conduct an inquest into damages. Judge Moses issued a Report and Recommendation proposing damages in the amounts calculated in that report. The opinion does not state the dollar amount or provide the damages breakdown.
Court's Review and Disposition
No party filed a timely objection. The court therefore reviewed the recommendation for clear error, meaning an obvious mistake on the record, rather than conducting a new review of the damages issues. The court found no clear error and fully adopted Judge Moses's Report and Recommendation. It awarded damages as calculated in the report, directed the Clerk of Court to enter judgment, and closed the case. Judge J. Paul Oetken signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.