Castro v. Daniel Sheeri
- Vernon Broderick
- 1:17-cv-01205
- U.S. District Court · Southern District of New York
- 4
Castro v. Sheeri: Judge Broderick adopted the damages report and awarded Castro and Jackson $583,921.82 plus interest after defendants’ liability default.
Ricardo Castro and Jeff Jackson received damages, attorneys’ fees, costs, and interest. AABC Construction, Inc., also known as AABC Plumbing, and Daniel Sheeri were subject to the liability default judgment and monetary awards.
What happened
In Castro v. Daniel Sheeri, the court had already entered a default judgment finding AABC Construction, Inc., also known as AABC Plumbing, and Daniel Sheeri liable to Ricardo Castro and Jeff Jackson. The court referred damages to Magistrate Judge Jennifer E. Willis, who issued an unopposed report recommending damages, liquidated damages, attorneys’ fees, costs, and interest.
Because no party objected, the court reviewed the report for clear error and found none. The court adopted the report in full and awarded Castro $182,312.50 in damages, plus prejudgment and post-judgment interest. Jackson received $214,597.32 in damages, also plus prejudgment and post-judgment interest.
Judge Vernon S. Broderick also awarded the plaintiffs $187,012.00 in attorneys’ fees and costs, for a total award of $583,921.82 plus applicable interest. The damages included unpaid wages or overtime, liquidated damages, and statutory damages under the amounts specified for each plaintiff.
The detailed version
- Castro v. Daniel Sheeri · No. 1:17-cv-01205
- Vernon Broderick
- May 9, 2023
Background
On January 5, 2023, the court entered a default judgment as to liability against AABC Construction, Inc., also known as AABC Plumbing, and Daniel Sheeri, in favor of Ricardo Castro and Jeff Jackson. The matter was then referred to Magistrate Judge Jennifer E. Willis for an inquest on damages. Judge Willis issued an unopposed report and recommendation on April 14, 2023.
The report recommended awards for violations of the wage notice and wage statement provisions of the New York Labor Law, liquidated damages, attorneys’ fees and costs, and prejudgment and post-judgment interest. No party objected to the report or requested additional time to object.
Court’s review and ruling
Under federal law, a district judge may accept, reject, or modify a magistrate judge’s report and recommendation. When no party objects, the district court reviews the report for clear error. Judge Vernon S. Broderick conducted that review, found no clear error, and adopted Judge Willis’s report and recommendation in its entirety.
The court awarded Ricardo Castro:
- $182,312.50 in damages, consisting of $86,156.25 in overtime, $86,156.25 in liquidated damages, and $10,000.00 in statutory damages; - Prejudgment interest at nine percent per year on $86,156.25, calculated from September 8, 2014, through the date final judgment is entered; and - Post-judgment interest calculated under 28 U.S.C. § 1961.
The court awarded Jeff Jackson:
- $214,597.32 in damages, consisting of $102,298.66 in unpaid wages and overtime, $102,298.66 in liquidated damages, and $10,000.00 in statutory damages; - Prejudgment interest at nine percent per year on $102,298.66, calculated from September 16, 2013, through the date final judgment is entered; and - Post-judgment interest calculated under 28 U.S.C. § 1961.
The court also awarded the plaintiffs $187,012.00 in attorneys’ fees and costs. The total award was $583,921.82, plus applicable interest.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.