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S.D.N.Y.Procedural orderFiled June 14, 2021

Villalta v. JS Barkats, P.L.L.C.

Judge
Ronnie Abrams
Docket
1:16-cv-02772
Court
U.S. District Court · Southern District of New York
Pages
3
EmploymentCivil ProcedureFee Petition
In one sentence

In Villalta v. JS Barkats, Judge Abrams adopted the damages report and awarded specified amounts for lost wages, emotional harm, punitive damages, fees, and costs.

Who this affects

Denisse Villalta received the ordered damages, attorneys’ fees, costs, and interest determination; JS Barkats, P.L.L.C. and Sunny Barkats were the defendants against whom the default judgment and awards were entered.

What happened

Villalta v. JS Barkats, P.L.L.C. and Sunny Barkats arose from Denisse Villalta’s allegations that the defendants engaged in quid pro quo sexual harassment. The court had already entered a default judgment after the defendants failed to participate properly in discovery and disregarded court orders.

A magistrate judge recommended awards of $24,352.85 for lost wages, $350,000 for emotional harm, $700,000 in punitive damages, $128,056.74 in attorneys’ fees, and $2,285.28 in costs, plus post-judgment interest. Neither side objected to that recommendation.

Judge Ronnie Abrams reviewed the recommendation for clear error, found none, adopted it in its entirety, awarded the listed amounts, directed the clerk to mail the order to the defendants, and closed the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Villalta v. JS Barkats, P.L.L.C. · No. 1:16-cv-02772
Judge
Ronnie Abrams
Date
June 14, 2021

Background

Denisse Villalta brought this action against JS Barkats, P.L.L.C. and Sunny Barkats, alleging quid pro quo sexual harassment. The opinion states that the defendants failed to participate in discovery, disregarded court orders, and engaged in conduct intended to delay or derail the case.

The court granted Villalta’s motion to hold the defendants in default and entered a default judgment. A default judgment is a judgment entered after a party fails to defend the case; the opinion then referred the question of damages to Magistrate Judge Lehrburger for an inquest.

Damages Recommendation

Magistrate Judge Lehrburger recommended that Villalta receive:

- $24,352.85 in lost-wages damages, including prejudgment interest; - $350,000 in emotional-harm damages; - $700,000 in punitive damages; - $128,056.74 in reasonable attorneys’ fees; - $2,285.28 in costs; and - post-judgment interest in an amount to be set by the clerk.

Neither party objected to the recommendation. Without objections, Judge Ronnie Abrams reviewed the report for clear error, meaning an obvious mistake on the face of the record.

Ruling

Judge Abrams found no error and adopted Magistrate Judge Lehrburger’s report in its entirety. The court ordered the listed awards, directed the clerk to mail a copy of the order to the defendants, and closed the case.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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