Castro v. Daniel Sheeri
- Vernon Broderick
- 1:17-cv-01205
- U.S. District Court · Southern District of New York
- 3
In Castro v. Sheeri, Judge Broderick adopted a damages recommendation after default liability, awarding Castro and Jackson wages, damages, interest, and fees.
Ricardo Castro and Jeff Jackson received damages, interest, attorneys’ fees, and costs. AABC Construction, Inc., also known as AABC Plumbing, and Daniel Sheeri were subject to the resulting awards after the default judgment as to liability.
What happened
In Castro v. 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 case was then sent to Magistrate Judge Jennifer E. Willis to determine damages, and no party objected to her recommendation.
The court adopted the recommendation and awarded Castro $182,312.50 in damages, plus nine-percent yearly interest on $86,156.25 from September 8, 2014, and interest after judgment. It awarded Jackson $214,597.32 in damages, plus nine-percent yearly interest on $102,298.66 from September 16, 2013, and interest after judgment. The plaintiffs also received $187,012 in attorneys’ fees and costs.
Judge Vernon S. Broderick reviewed the recommendation for clear error, found none, and adopted it in its entirety. Because the ruling followed a default judgment rather than a contested decision on liability, the court’s action was procedural under the classification rules.
The detailed version
- Castro v. Daniel Sheeri · No. 1:17-cv-01205
- Vernon Broderick
- May 12, 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 court referred the case to Magistrate Judge Jennifer E. Willis to conduct an inquest, meaning a proceeding to determine the amount of damages.
Judge Willis issued a report and recommendation on April 14, 2023. The recommendation was unopposed, and no party objected or requested more time to object by the April 28 deadline. The report recommended damages for violations of New York’s wage-notice and wage-statement requirements, unpaid overtime wages, liquidated damages, attorneys’ fees and costs, and pre- and post-judgment interest.
Court’s Review and Ruling
Judge Vernon S. Broderick reviewed the unopposed report for clear error and found none. The court adopted the 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 in statutory damages; - Pre-judgment interest at nine percent per year on the unpaid-wage amount of $86,156.25, calculated from September 8, 2014, through entry of the final judgment; and - Post-judgment interest 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 in statutory damages; - Pre-judgment interest at nine percent per year on the unpaid-wage amount of $102,298.66, calculated from September 16, 2013, through entry of the final judgment; and - Post-judgment interest under 28 U.S.C. § 1961.
The court also awarded the plaintiffs $187,012 in attorneys’ fees and costs.
Disposition
The court adopted the report and recommendation in its entirety and entered the stated damages and interest awards following the earlier default judgment as to liability.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.