Caputi-Richards v. Chuck's Vintage, Inc.
- Rochon
- 1:22-cv-06409
- U.S. District Court · Southern District of New York
- 3
In Caputi-Richards v. Chuck’s Vintage, Judge Rochon granted default judgment for $38,449.18 plus interest against Chuck’s Vintage.
Sallie Caputi-Richards received a default judgment against Chuck’s Vintage, Inc. for $38,449.18 plus interest. The ruling does not state that judgment was entered against Vincent Cammarata.
What happened
Sallie Caputi-Richards sued Chuck’s Vintage, Inc. and Vincent Cammarata under federal and New York wage laws. Chuck’s Vintage did not answer or otherwise appear, and the Clerk entered a default.
A magistrate judge recommended granting default judgment and awarding $38,449.18, including unpaid wages, liquidated damages, attorney’s fees, and costs. Neither party objected, so the court reviewed the recommendation for clear error.
Judge Jennifer L. Rochon adopted the recommendation in full and granted Caputi-Richards’s motion for default judgment against Chuck’s Vintage, Inc. The judgment also includes daily interest and a possible 15 percent increase if it remains unpaid under the stated conditions.
The detailed version
- Caputi-Richards v. Chuck's Vintage, Inc. · No. 1:22-cv-06409
- Rochon
- May 1, 2023
Background
Sallie Caputi-Richards brought claims against her former employer, Chuck’s Vintage, Inc., and Vincent Cammarata under the Fair Labor Standards Act and the New York Labor Law. The opinion states that the action was filed on July 28, 2022, and that Chuck’s Vintage was served on August 12, 2022. Chuck’s Vintage did not file an answer or otherwise appear. After the answer deadline passed, the Clerk entered a certificate of default.
Caputi-Richards moved for default judgment. Magistrate Judge Gabriel W. Gorenstein recommended granting the motion. The Report and Recommendation proposed an award of $38,449.18, consisting of $16,500 in unpaid wages, $16,500 in liquidated damages, $4,947.18 in attorney’s fees, and $502 in costs. It also recommended prejudgment interest on the unpaid wages at $4.07 per day from February 9, 2022, through entry of judgment. The recommendation further provided for an automatic 15 percent increase if the judgment remained unpaid after the period specified in the order.
Review of the Recommendation
The Report warned the parties that objections were due within 14 days and that failing to object would waive further review. Neither party objected by the April 27, 2023 deadline. Judge Rochon therefore reviewed the Report for clear error and found that its reasoning and conclusions were sound and not clearly erroneous.
Ruling
Judge Jennifer L. Rochon adopted the Report and Recommendation in its entirety and granted Plaintiff’s motion for default judgment. The Clerk was directed to enter judgment against Chuck’s Vintage, Inc. and in favor of Sallie Caputi-Richards for $38,449.18, plus interest calculated at $4.07 per day from February 9, 2022, until judgment was entered. The judgment was also to state that, if it was not entirely paid within the specified 90-day period and no appeal was pending, the total judgment would automatically increase by 15 percent. The opinion states that the lack of timely objections precludes appellate review of the decision.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.