Luna Zuniga v. William James Bushell Corp.
- Gregory Woods
- 1:23-cv-01923
- U.S. District Court · Southern District of New York
- 1
In Luna Zuniga v. Bushell, Judge Woods ordered plaintiffs to update the court about the case and their plans after no defendant appeared.
The order affected Jorge Ignacio Luna Zuniga, Milton Danilo Sanchez Guachun, the additional people who filed notices of consent to sue, and the five named defendants, including the two defendants against whom certificates of default had been entered.
What happened
Jorge Ignacio Luna Zuniga and Milton Danilo Sanchez Guachun filed Luna Zuniga v. William James Bushell Corp. as a proposed collective lawsuit under the Fair Labor Standards Act. They served two of the five named defendants and obtained certificates of default against them, but no defendant appeared.
Additional people filed notices saying they wanted to join the lawsuit. The court explained that default judgment is not normally available for those additional plaintiffs unless an amended complaint properly includes their claims.
Judge Gregory H. Woods ordered the plaintiffs to submit a letter by June 1, 2023, updating the court on the case and explaining how they intended to proceed. The order did not decide the underlying wage claims or enter default judgment.
The detailed version
- Luna Zuniga v. William James Bushell Corp. · No. 1:23-cv-01923
- Gregory Woods
- May 26, 2023
Background
Jorge Ignacio Luna Zuniga and Milton Danilo Sanchez Guachun filed this proposed Fair Labor Standards Act collective action on March 6, 2023. The opinion states that there were five named defendants. The plaintiffs served two defendants and obtained certificates of default against them. A certificate of default is a court entry recognizing that a defendant failed to respond after being properly served. No defendant had appeared in the case.
The plaintiffs also filed notices of consent to sue on behalf of additional people who sought to join the case. The court noted that default judgment is not normally available on behalf of people who join a collective action unless a properly served amended complaint incorporates their claims.
Court’s Order
The court ordered the plaintiffs to submit a letter by June 1, 2023. The letter had to update the court about the status of the case and explain how the plaintiffs intended to proceed.
What the Order Did Not Decide
The order did not resolve the plaintiffs’ Fair Labor Standards Act claims, enter default judgment, or decide whether the additional people could participate in the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.