Hernandez v. Lake Ave Pizza LLC

Background

Sergio Hernandez Najera filed the complaint on August 10, 2021. The opinion states that the two defendants named in the original complaint were served, but neither responded. The court therefore converted an initial conference into a hearing concerning possible default judgment.

The order recounts an extended history of filing and service problems. Hernandez repeatedly submitted proposed certificates of default incorrectly, failed to submit a required proposed order to show cause for default judgment, and did not timely provide information about an unidentified “Doe” defendant. After the court directed him to amend the complaint, he filed an amended complaint replacing the “Doe” defendant with Raymond Delfino. The opinion also states that Hernandez later filed another proof of service concerning a “John Doe.”

Hernandez continued to miss or incompletely follow orders concerning the proposed default-judgment order, service of documents, proof of service, and damages calculations. The court specifically noted that the complaint alleged employment in Yonkers, New York, while the damages calculations appeared to use New York City minimum-wage rates.

Court’s Analysis

The court explained that it has inherent authority to enforce its orders through civil contempt. Civil contempt is a sanction designed to secure compliance with a court order. The court said the relevant order was clear, the evidence of noncompliance was certain, and Hernandez’s counsel had not been reasonably diligent, given the repeated failures to follow precise court instructions.

The court also explained that a forward-looking monetary sanction can function as civil contempt when it is intended to coerce future compliance and can be avoided by complying. Based on that reasoning, the court ordered further compliance rather than entering default judgment at this stage.

Order

The court ordered Hernandez, as soon as possible and no later than September 21, 2022, to: file a proposed default-judgment order; serve that proposed order and the court’s order on all defendants; ensure that all supporting papers for the order to show cause had been served; and file proof of all required service. The court also required a new damages calculation and supporting affidavit if necessary, using the proper minimum-wage rates.

The court kept the default-judgment show-cause hearing scheduled for September 28, 2022. If Hernandez failed to comply, his counsel would be fined $100 per day beginning September 22, 2022, until compliance or until counsel filed a letter explaining the earlier failures and requesting an extension that counsel could meet. The order did not grant or deny default judgment and did not determine damages.