Garcia v. 2390 C LLC
- Nelson Roman
- 7:23-cv-01129
- U.S. District Court · Southern District of New York
- 24
In Garcia v. 2390 Creston Realty LLC, Judge Roman directed the Clerk to terminate an improperly labeled motion; the filing did not decide default judgment.
The docket action directly affected Ernesto Garcia’s default-judgment application against 2390 Creston Realty LLC; the provided text does not show a merits ruling or damages award.
What happened
Garcia v. 2390 Creston Realty LLC concerns Ernesto Garcia’s request for a default judgment against 2390 Creston Realty LLC in a wage case. The filing alleged that Garcia was not paid required overtime and did not receive required wage notices and statements.
The court did not decide whether Garcia should receive a judgment or damages. Instead, it explained that the filing was a legal memorandum supporting an application for default judgment, not a formal motion, and the filing asked for money damages, interest, and attorney fees.
Judge Roman directed the Clerk to terminate the motion listed at ECF No. 28. The text provided does not show that the court granted or denied the default-judgment application.
The detailed version
- Garcia v. 2390 C LLC · No. 7:23-cv-01129
- Nelson Roman
- July 28, 2023
Court’s Action
The court noted that the filing at issue was not a formal notice of motion. It was a memorandum of law supporting Ernesto Garcia’s application for a default judgment against 2390 Creston Realty LLC. The court therefore directed the Clerk to terminate the motion at ECF No. 28.
The text provided does not contain an order granting or denying Garcia’s application for default judgment. It also does not show an award of damages, interest, attorney fees, or costs.
Background
According to the filing, Garcia sued 2390 Creston Realty LLC, 2390 C LLC, and Denali Management Inc. under the Fair Labor Standards Act and New York Labor Law. The filing alleged that Garcia worked as a residential janitor and also performed additional repair and other non-janitorial tasks. It alleged that he was not paid overtime for those additional hours and did not receive required wage notices or wage statements.
The filing stated that 2390 Creston Realty LLC did not answer or otherwise respond to the amended complaint and that the Clerk entered a certificate of default against that defendant on June 20, 2023. A default judgment is a judgment requested when a defendant fails to defend, but the court must still determine whether the allegations establish liability and whether the claimed damages are supported.
Requested Relief
The memorandum requested a judgment against 2390 Creston Realty LLC for $267,640.00, consisting of unpaid overtime wages, liquidated damages, and statutory damages for wage-notice and wage-statement violations. It also requested $1,540.33 in prejudgment interest and $5,840 in attorney fees and costs. These amounts were requested in the filing, not awarded by the court in the text provided.
Disposition
Judge Nelson Roman’s ruling was limited to correcting the filing’s docket treatment: the Clerk was directed to terminate the motion at ECF No. 28 because the filing was a memorandum supporting an application rather than a formal motion. The provided text does not state that the default-judgment application was granted, denied, or otherwise resolved on the merits.
Read the full 24-page opinion on CourtListener, the free public archive maintained by the Free Law Project.