Gomez v. Big Line Inc.
- Vernon Broderick
- 1:20-cv-01094
- U.S. District Court · Southern District of New York
- 4
In Gomez v. Big Line Inc., Judge Broderick adopted the damages recommendation after Big Line failed to respond and directed judgment for Gomez.
Jose Manuel Gomez received the monetary awards. Big Line Inc. was subject to the default on liability and the resulting damages, attorney-fee, and interest awards. Tala Doe was no longer a defendant after Gomez voluntarily dismissed that party.
What happened
In Gomez v. Big Line Inc., Jose Manuel Gomez sued Big Line Inc. under federal and New York wage laws. Gomez voluntarily dismissed Tala Doe, and Big Line never responded or appeared.
The court had already entered Big Line’s default on liability and sent the damages question to a magistrate judge. No party objected to that judge’s recommendation, which awarded damages, unpaid wages, attorney fees, and interest.
Judge Vernon S. Broderick found no clear error, adopted the recommendation in full, and awarded Gomez $38,050 in damages and unpaid wages, $10,135 in attorney fees, and interest at nine percent on $14,025 in unpaid wages from February 10, 2019, through judgment.
The detailed version
- Gomez v. Big Line Inc. · No. 1:20-cv-01094
- Vernon Broderick
- Jan. 25, 2021
Background
Jose Manuel Gomez brought claims under the Fair Labor Standards Act (FLSA) and New York Labor Law. He initially sued Big Line Inc. and Tala Doe, whose last name was unknown. Gomez voluntarily dismissed Tala Doe, leaving Big Line as the only defendant.
Big Line did not respond to the complaint, request more time, appear in the case, or attend the hearing on whether a judgment should be entered because of its failure to respond. The clerk entered Big Line’s default, and Judge Broderick entered default against Big Line on liability. The case was then sent to Magistrate Judge Robert W. Lehrburger to determine damages.
Recommendation and Review
Magistrate Judge Lehrburger recommended awarding Gomez $38,050 in damages and unpaid wages, $10,135 in attorney fees, and interest before judgment on $14,025 in unpaid wages. The recommendation set the interest rate at nine percent from February 10, 2019, through the date of judgment.
The parties had fourteen days to object, but neither party objected or requested more time. Judge Broderick therefore reviewed the recommendation for clear error, meaning an obvious mistake, and found none.
Ruling
Judge Broderick adopted Magistrate Judge Lehrburger’s Report and Recommendation in its entirety. The order awarded Gomez $38,050 in damages and unpaid wages, $10,135 in attorney fees, and nine-percent interest before judgment on $14,025 in unpaid wages from February 10, 2019, to the date of judgment. The Clerk’s Office was directed to enter judgment, terminate open motions, and close the case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.