Herrera Flores v. Jermyn Contracting Corp.
- Vincent Briccetti
- 7:21-cv-05630
- U.S. District Court · Southern District of New York
- 3
In Herrera Flores v. Jermyn Contracting, Judge Briccetti adopted a damages recommendation and entered a $164,669.15 default judgment against the defendants.
Luis Eduardo Herrera Flores received a $164,669.15 judgment against Jermyn Contracting Corp., Goliath Construction, Inc., Meadowbrook Builders, Inc., and Peter Glass.
What happened
In Herrera Flores v. Jermyn Contracting Corp., the court reviewed a magistrate judge’s recommendation calculating damages after the court had granted Luis Eduardo Herrera Flores’s request for a default judgment against the defendants. No party objected to the recommendation.
The court adopted the recommendation in full and ordered judgment for Herrera Flores against Jermyn Contracting Corp., Goliath Construction, Inc., Meadowbrook Builders, Inc., and Peter Glass. The total judgment was $164,669.15, including unpaid overtime, liquidated damages, wage-statement damages, interest, attorney’s fees, and costs.
Judge Vincent L. Briccetti found no error in the recommendation, directed the Clerk to enter the judgment, and directed the Clerk to close the case.
The detailed version
- Herrera Flores v. Jermyn Contracting Corp. · No. 7:21-cv-05630
- Vincent Briccetti
- Sept. 30, 2022
Background
Magistrate Judge Paul E. Davison issued a Report and Recommendation dated August 22, 2022, calculating damages after the court granted Luis Eduardo Herrera Flores’s motion for a judgment of default against the defendants. The recommendation covered damages owed by Jermyn Contracting Corp., Goliath Construction, Inc., Meadowbrook Builders, Inc., and Peter Glass, individually and as an officer of the listed corporations.
Damages Recommended
Judge Davison recommended a total judgment of $164,669.15, consisting of:
- $65,280.00 in unpaid overtime wages; - $65,280.00 in liquidated damages; - $5,000.00 in statutory damages for wage-statement violations; - $9,965.90 in prejudgment interest; - $17,239.25 in attorney’s fees; and - $1,904.00 in costs.
Court’s Review and Ruling
The court explained that it could accept, reject, or modify the magistrate judge’s recommendations. Because no party filed an objection, the court could adopt the recommendation unless it found clear error. The court reviewed the recommendation and the underlying record and found no error.
Judge Vincent L. Briccetti adopted the Report and Recommendation in its entirety as the court’s opinion. The Clerk was directed to enter judgment in favor of Herrera Flores and against Jermyn Contracting Corp., Goliath Construction, Inc., Meadowbrook Builders, Inc., and Peter Glass for $164,669.15, and to close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.