Rose v. Willoughby
- Kenneth Karas
- 7:21-cv-00769
- U.S. District Court · Southern District of New York
- 2
Rose v. Willoughby: Judge Karas ordered Rose to correct her default filing and seek default judgment, warning that inaction could lead to dismissal.
Karlene Rose must correct her default filing and pursue default judgment by the stated deadlines; Robert Willoughby remains the defendant in the action.
What happened
In Rose v. Willoughby, Karlene Rose alleges that Robert Willoughby failed to pay her required minimum wage, overtime, and other wages while she worked at his restaurant, and failed to provide pay statements. The restaurant itself was previously dismissed because it no longer exists.
Rose tried to obtain a clerk’s certificate of default after Willoughby failed to file an answer, but her filing was deficient. The court directed her to submit a proper application by May 25, 2022, and then seek a default judgment under the court’s rules within one week after receiving the certificate.
Judge Kenneth M. Karas warned that failing to meet those deadlines could put the case at risk of dismissal for failure to prosecute. The order did not decide whether Rose’s wage claims were valid.
The detailed version
- Rose v. Willoughby · No. 7:21-cv-00769
- Kenneth Karas
- May 17, 2022
Background
Karlene Rose sued Robert Willoughby under the Fair Labor Standards Act and New York Labor Law. She alleges that, while employed at Carib Fish Market & Grill, she was not paid the required minimum wage, overtime pay, or spread-of-hours pay, and did not receive required pay statements. The opinion states that Willoughby owned and operated the restaurant. Carib Fish Market & Grill was initially named as a defendant but was dismissed on November 17, 2021, because the entity no longer exists.
Procedural history
Willoughby had not filed an answer. On March 9, 2022, Rose filed a proposed clerk’s certificate of default and a supporting affidavit. A clerk’s certificate of default is a formal court record recognizing that a party failed to respond. The Clerk of Court notified Rose’s counsel that the filing was deficient, and Rose had not properly applied for the certificate by the date of this order.
Court’s order
The court directed Rose to properly apply for a clerk’s certificate of default no later than May 25, 2022. It further directed her to file for entry of default judgment under the court’s Individual Rules of Practice for Default Judgment Proceedings no later than one week after receiving the certificate. Default judgment is a judgment sought because a defendant has failed to respond, rather than litigating the case.
Judge Kenneth M. Karas warned that if Rose failed to meet these deadlines, she would risk dismissal of the action for failure to prosecute. The order did not decide the merits of Rose’s wage claims and did not enter default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.