Reyes de los Santos v. Marte Construction, Inc.
- Paul Engelmayer
- 1:18-cv-10748
- U.S. District Court · Southern District of New York
- 3
In Reyes de los Santos v. Marte Construction, Judge Engelmayer adopted wage, interest, and fee awards after defendants’ liability was decided by default.
The six named plaintiffs received wage-related damages, interest, and attorneys’ fees and costs. The named defendants were held jointly and severally liable for the awards.
What happened
Reyes de los Santos v. Marte Construction concerns workers’ claims under federal and New York wage laws for unpaid regular and overtime wages and related damages against their employers.
The court adopted a magistrate judge’s recommendation after no party objected. It awarded the plaintiffs amounts ranging from $15,400 to $39,740, plus pre- and post-judgment interest, and approved $15,345 in attorneys’ fees and costs.
Judge Paul A. Engelmayer held that the defendants were jointly and individually responsible for the awards, adopted the recommendation in full, and stated that the parties’ failure to object waived appellate review.
The detailed version
- Reyes de los Santos v. Marte Construction, Inc. · No. 1:18-cv-10748
- Paul Engelmayer
- Dec. 17, 2020
Background
Ignacio Reyes de los Santos, Benito Cantu, Baltazar Reyes Librado, Elvis Martinez, Andy Verdin, and Amador Cantu de los Santos sued Marte Construction Inc.; Joseph M. Marte; Jesus Olaya; Robert Star Plumbing and Heating, Corp.; O.K. Electrical Service Corporation; and Doval Plumbing and Heating Corporation. They brought claims under the Fair Labor Standards Act and New York Labor Law for unpaid regular and overtime wages, spread-of-hours pay, actual and liquidated damages, statutory damages, required notices and wage statements, interest, attorneys’ fees, and costs.
On June 9, 2020, the court entered default judgment for the plaintiffs on liability. The opinion addresses the damages stage, following an inquest and a November 24, 2020 Report and Recommendation by Magistrate Judge Katharine H. Parker.
Review of the Recommendation
Because no party objected to the Report and Recommendation, the court reviewed it for clear error—an examination for an obvious mistake in the record. The court found no facial error and adopted the Report in its entirety. The court also stated that the parties’ failure to file timely objections waived appellate review of those objections.
Ruling and Awards
The court held that the defendants were jointly and severally liable, meaning each defendant was responsible for the full amounts awarded. The awards, described as reflecting unpaid overtime wages, liquidated damages, and statutory damages, were:
- Andy Verdin: $39,740 - I.R. de los Santos: $36,180 - A.C. de los Santos: $31,120 - Benito Cantu: $28,960 - Elvis Martinez: $28,960 - Baltazar Reyes Librado: $15,400
Each plaintiff was also awarded pre- and post-judgment interest, to be calculated by the Clerk of Court. The court approved $15,345 in attorneys’ fees and costs.
Disposition
The court adopted the magistrate judge’s recommendation and entered the stated damages, interest, and fee awards. The opinion directs the Clerk to mail a copy of the decision to the plaintiffs at the address on file.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.