Zhu v. A Plus Kitchen Inc.

Background

Guang Ping Zhu and Chi How Cheung brought this action under the Fair Labor Standards Act against A Plus Kitchen, Inc., Zheng Cun Zheng, and other defendants identified as John Does. The named defendants answered the original complaint. After the plaintiffs filed an amended complaint, the named defendants stipulated that they were liable on certain counts. Their counsel later withdrew, and the plaintiffs reported that the named defendants intended to default.

The plaintiffs obtained a Clerk’s Certificate of Default and sought a default judgment. The named defendants did not appear at the December 7, 2018 show-cause hearing. On December 9, 2018, the court entered their default and referred the case to Magistrate Judge Kevin Nathaniel Fox to determine damages.

Report and Recommendation

The plaintiffs submitted proposed factual findings, legal conclusions, declarations, exhibits, and a legal memorandum. Magistrate Judge Fox recommended awards of $67,346.62 to Zhu, $42,889.16 to Cheung, $20,197.50 in attorney’s fees, and $1,114.40 in costs. Neither the plaintiffs nor the defendants objected.

When no party objects to a magistrate judge’s report and recommendation, the district court reviews it for clear error. Judge Vernon S. Broderick reviewed Magistrate Judge Fox’s report under that standard and found no clear error.

Ruling

Judge Broderick adopted the Report and Recommendation in its entirety and granted the plaintiffs’ application for a default judgment. The court awarded Zhu $67,346.62 and Cheung $42,889.16. It also awarded the plaintiffs $20,197.50 in attorney’s fees and $1,114.40 in costs.

The Clerk’s Office was directed to terminate any open motions, enter judgment consistent with the order, and close the case.