Ramirez v. Urion Construction LLC
- Lorna Schofield
- 1:22-cv-03342
- U.S. District Court · Southern District of New York
- 2
In Jose Ramirez v. Urion Construction LLC, Judge Schofield adopted a report recommending $601,524.40 in damages, dismissed two claims, and closed the case.
The plaintiffs’ wage claims were addressed through a default proceeding: the adopted report recommended $601,524.40 in damages on five causes of action and dismissal of two other New York Labor Law claims for lack of standing. The defendants were subject to the default judgment described in the opinion.
What happened
Jose Ramirez and other plaintiffs sued Urion Construction LLC and other defendants, alleging violations of federal and New York wage laws, including minimum-wage, overtime, pay-frequency, notice, recordkeeping, and wage-statement requirements. The opinion states that a default judgment had been entered against the defendants.
A magistrate judge recommended awarding the plaintiffs $601,524.40 on their first five claims and dismissing two New York wage-law claims for lack of standing. No timely objection to that recommendation was filed.
Judge Lorna G. Schofield found no clear error in the record, adopted the magistrate judge’s report, and directed the Clerk of Court to close the case.
The detailed version
- Ramirez v. Urion Construction LLC · No. 1:22-cv-03342
- Lorna Schofield
- May 19, 2023
Background
The plaintiffs alleged that the defendants violated the minimum-wage and overtime provisions of the Fair Labor Standards Act and the New York Minimum Wage Act. They also alleged violations of New York Labor Law provisions concerning overtime, frequency of pay, notices, recordkeeping, and wage statements.
The case was referred to Magistrate Judge Robert W. Lehrburger for an inquest after default. The opinion states that default judgment was entered against the defendants by an order dated September 26, 2023.
Report and Recommendation
On April 28, 2023, Magistrate Judge Lehrburger recommended awarding the plaintiffs total damages of $601,524.40 on their first five causes of action. He also recommended dismissing the plaintiffs’ two claims concerning New York Labor Law notice and recordkeeping and wage-statement requirements because the plaintiffs lacked standing to bring them. Standing is the legal requirement that a plaintiff have a sufficient personal stake in a claim.
The deadline for objections was fourteen days after service, with three additional days because the report was served by mail. No timely objection was filed.
Ruling
When no timely objection is filed, the district court reviews a magistrate judge’s report for clear error on the face of the record. Judge Schofield found no clear error and ordered that the report be adopted. The Clerk of Court was directed to close the case.
Disposition
The report was adopted. Its recommendation for $601,524.40 in damages on the first five causes of action was accepted, and the two New York Labor Law claims identified in the report were dismissed for lack of standing. The case was closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.