Woods v. Fitzcon Construction/Ren Corp.

Background

The plaintiffs are Edward Woods and Tyrone Hilton. The opinion concerns their motion for default judgment against Esco Hirf Co. Inc. and Martin Tevlin. The case had been referred to Magistrate Judge Sarah L. Cave for general pretrial matters, and the motion for default judgment against Esco Hirf Co. Inc. and Martin Tevlin had also been referred to her.

Report and Recommendation

Judge Cave issued a report and recommendation addressing the motion. The plaintiffs and defendants were notified of the right to object, but no objections were filed. When no timely objection is made, the district court may adopt the report if the record does not show clear error. Judge Carter reviewed the record and found no clear error.

Ruling

The court adopted the report and recommendation in its entirety. It entered a default judgment against Esco Hirf Co. Inc. and Martin Tevlin for violations of the Fair Labor Standards Act, New York Labor Law, New York State Human Rights Law, New York City Human Rights Law, and 42 U.S.C. § 1981. A default judgment is a judgment entered against a party that did not defend the case; the opinion does not describe the defendants' underlying conduct beyond identifying the statutory violations.

The court deferred calculating damages until the case is resolved. It directed the Clerk of Court to enter the default judgment and terminate the motion at ECF No. 55. The plaintiffs were directed to serve the order on Esco Hirf Co. Inc. and Martin Tevlin and file proof of service by September 7, 2022.