Alvarez Cifuentes v. Hamo Inc.

Background

Silas Elman Alvarez Cifuentes brought this action against Hamo Inc., Little West Inc., Elhassani, Rachid Bourassa, and Hakim Chantit, alleging unpaid wages and overtime. Bourassa and Chantit had previously been dismissed from the action through a stipulated voluntary dismissal.

Elhassani was initially represented by counsel but failed to communicate with counsel, participate in discovery, or attend scheduled conferences. After the court allowed his counsel to withdraw, Magistrate Judge Katharine H. Parker ordered Elhassani to explain why a default judgment should not be entered against him. Elhassani did not respond or appear at the related hearing.

Report and Recommendation

Magistrate Judge Parker recommended default judgment under Federal Rule of Civil Procedure 37(b)(2)(A)(vi), based on Elhassani’s failure to participate in discovery. She also conducted a damages inquiry and recommended awarding Alvarez Cifuentes $115,797.80 in unpaid regular, overtime, and spread-of-hours wages; $115,797.80 in liquidated damages; and $10,000 in statutory penalties for violations of wage-notice and wage-statement requirements. At Alvarez Cifuentes’s request, she deducted $3,000 to account for his settlement with Bourassa and Chantit, producing a total recommendation of $238,595.60.

Because no party objected to the report, the district court reviewed it for clear error, meaning an obvious mistake after reviewing the record.

Ruling

The court found no error, clear or otherwise, in Magistrate Judge Parker’s analysis. Judge George B. Daniels adopted the report in its entirety and ordered final judgment against Elhassani for $238,595.60 in unpaid wages, liquidated damages, and statutory penalties.