Angulo v. 36th Street Hospitality LLC
- George Daniels
- 1:19-cv-05075
- U.S. District Court · Southern District of New York
- 3
In Angulo v. 36th Street Hospitality, Judge Daniels entered final judgment awarding Rebecca Angulo damages, interest, fees, and costs after the defendant’s default.
Rebecca Angulo received a final monetary judgment. 36th Street Hospitality LLC was ordered to pay the specified damages, interest, attorneys’ fees, and costs.
What happened
Angulo v. 36th Street Hospitality LLC concerned Rebecca Angulo’s claims that the defendant violated New York State and New York City human-rights laws through gender discrimination, sexual harassment, a hostile work environment, and constructive discharge. Angulo alleged that the company’s owner sexually assaulted her and later harassed her at work.
The defendant did not answer, appear, or file a motion. The court had already granted Angulo’s request for a default judgment and sent the damages issues to Magistrate Judge Sarah L. Cave. Cave recommended $498,047.55 in compensatory damages, $100,000 in punitive damages, interest, $22,845 in attorneys’ fees, and $780.66 in costs.
Judge Daniels reviewed the recommendation for clear error, found none, adopted it in full, and ordered final judgment requiring 36th Street Hospitality LLC to pay the recommended amounts, including 9% prejudgment interest on $97,109.79 in back pay and post-judgment interest under federal law.
The detailed version
- Angulo v. 36th Street Hospitality LLC · No. 1:19-cv-05075
- George Daniels
- Aug. 24, 2020
Background
Rebecca Angulo sued 36th Street Hospitality LLC, doing business as Taj II and Suite36, under the New York State Human Rights Law and the New York City Human Rights Law. She sought damages for gender discrimination, sexual harassment, a hostile work environment, and constructive discharge. The opinion states that Angulo had worked as a waitress at the two restaurants, which were operated by 36th Street Hospitality LLC. She alleged that the company’s owner, David Casey, sexually assaulted her at his home and later sexually harassed her at work. She also alleged that these events led to her constructive discharge and caused physical injuries and severe emotional distress, including an attempted suicide.
The defendant did not answer, appear, or file a motion. Angulo moved for default judgment, and the court granted that motion. The court then referred the damages issues to Magistrate Judge Sarah L. Cave for an inquest, meaning a proceeding to determine the amount of damages.
Report and Recommendation
Magistrate Judge Cave recommended awarding Angulo:
- $498,047.55 in compensatory damages, consisting of $97,109.79 in back pay, $100,937.76 in front pay, and $300,000 for emotional distress; - $100,000 in punitive damages; - 9% prejudgment interest on the back-pay portion of the compensatory damages; - post-judgment interest under 28 U.S.C. § 1961(a); - $22,845 in attorneys’ fees; and - $780.66 in costs.
The parties did not object to the report. Because there were no objections, Judge Daniels reviewed the report for clear error, which means an obvious mistake after reviewing the record.
Ruling
Judge Daniels found no clear error and adopted Magistrate Judge Cave’s report in its entirety. The court ordered that final judgment be entered requiring 36th Street Hospitality LLC to pay Angulo $498,047.55 in compensatory damages, $100,000 in punitive damages, 9% prejudgment interest on $97,109.79 in back pay, post-judgment interest under 28 U.S.C. § 1961(a), $22,845 in attorneys’ fees, and $780.66 in costs.
Because the judgment followed the defendant’s failure to appear and defend, this summary classifies the order as a procedural order under the stated classification rules for default judgments.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.