Leon v. AYG Framing Construction LLC
- Vernon Broderick
- 1:21-cv-08014
- U.S. District Court · Southern District of New York
- 4
In Leon v. AYG Framing Construction LLC, Judge Broderick adopted damages after defendants’ default, ordering $118,090 plus $8,606.40 in fees and costs.
The seven plaintiffs—Mario Leon, Rigoberto Naula, Robinson Stalin Ulgo, Segundo Ricardo Hulgo, Segundo Santiago Calapiña, Jheferson Guaman, and Segundo Manuel Ulgo—were awarded damages, attorneys’ fees, and costs against AYG Framing Construction LLC and Adriano E. Moreira. The defendants were held jointly and severally responsible for the judgment.
What happened
In Leon v. AYG Framing Construction LLC, seven plaintiffs sued AYG Framing Construction LLC and Adriano E. Moreira. The defendants did not appear or respond, so the court entered a default judgment against them and sent the question of damages to a magistrate judge.
Magistrate Judge Stewart D. Aaron recommended awarding each plaintiff $16,870, for a total of $118,090, plus $8,606.40 in attorneys’ fees and costs. Neither side objected to that recommendation. The court therefore reviewed it for clear error and found none.
Judge Vernon S. Broderick adopted the recommendation in full. The court directed that judgment be entered jointly and severally against AYG Framing Construction LLC and Adriano E. Moreira for the damages, fees, and costs, and directed the Clerk’s Office to close the case.
The detailed version
- Leon v. AYG Framing Construction LLC · No. 1:21-cv-08014
- Vernon Broderick
- Sept. 13, 2022
Background
Mario Leon, Rigoberto Naula, Robinson Stalin Ulgo, Segundo Ricardo Hulgo, Segundo Santiago Calapiña, Jheferson Guaman, and Segundo Manuel Ulgo sued AYG Framing Construction LLC and Adriano E. Moreira. The defendants failed to appear or respond after being served. The Clerk issued certificates of default, and the court entered a default judgment against both defendants on March 24, 2022.
A default judgment is a judgment entered after a defendant fails to participate in the case. The court referred the damages question to Magistrate Judge Stewart D. Aaron for an inquest, meaning a proceeding to determine the amount owed. The plaintiffs submitted damages materials and three revised calculations.
Report and Recommendation
Magistrate Judge Aaron recommended that each plaintiff receive $16,870 from the defendants, jointly and severally. “Jointly and severally” means that each defendant can be held responsible for the full amount owed, subject to the rule against double recovery. The recommended amount for each plaintiff consisted of $3,435 in unpaid earned wages and overtime wages, $3,435 in liquidated damages, and $10,000 for wage notice and statement violations. The recommendation totaled $118,090 for all seven plaintiffs. It also recommended $8,606.40 in attorneys’ fees and costs.
Neither the plaintiffs nor the defendants objected to the report or requested additional time to respond. Because there were no objections, the district court reviewed the report for clear error, meaning an obvious mistake. The court found no clear error.
Ruling
The court adopted Magistrate Judge Aaron’s Report and Recommendation in its entirety. It directed that judgment be entered in favor of each plaintiff against AYG Framing Construction LLC and Adriano E. Moreira, jointly and severally, for $16,870 per plaintiff, totaling $118,090, plus $8,606.40 in attorneys’ fees and costs. The court also directed the Clerk’s Office to terminate any open motions, enter judgment, and close the case.
Judge Vernon S. Broderick signed the Opinion and Order on September 13, 2022.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.