Zambrano v. Jermyn Contracting Corp.
- Cathy Seibel
- 7:22-cv-03131
- U.S. District Court · Southern District of New York
- 2
In Zambrano v. Jermyn Contracting Corp., Judge Seibel entered a $175,555.37 default judgment for unpaid wages, damages, interest, fees, and costs.
Francisco Zambrano and Jamie Huayllasaca obtained a $175,555.37 judgment for the amounts listed in the order. Jermyn Contracting Corp., Goliath Construction, Inc., Meadowbrook Builders, Inc., Meadowbrook Builders and Remodeling Corp., and Peter Glass were made jointly and severally liable for that judgment.
What happened
Zambrano v. Jermyn Contracting Corp. concerned the damages owed to Francisco Zambrano and Jamie Huayllasaca after the defendants defaulted under the Fair Labor Standards Act and New York Labor Law. No party objected to the magistrate judge’s recommendation about the damages.
The court ordered judgment against the defendants, jointly and separately, for $175,555.37. The amount included unpaid overtime, an equal amount in liquidated damages, prejudgment interest, damages for wage-statement violations, attorney’s fees, and costs. The judgment could increase by 15% if it remained unpaid after the period described in the order.
Judge Cathy Seibel found no clear error, adopted the recommendation, directed the Clerk of Court to enter judgment, and ordered the case closed. The court’s ruling was based on the defendants’ default rather than a contested trial on the claims.
The detailed version
- Zambrano v. Jermyn Contracting Corp. · No. 7:22-cv-03131
- Cathy Seibel
- Sept. 26, 2023
Background
The opinion addresses damages owed to Plaintiffs Francisco Zambrano and Jamie Huayllasaca under the Fair Labor Standards Act and the New York Labor Law after Defendants Jermyn Contracting Corp., Goliath Construction, Inc., Meadowbrook Builders, Inc., Meadowbrook Builders and Remodeling Corp., and Peter Glass defaulted. Magistrate Judge Judith C. McCarthy issued a Report and Recommendation concerning the damages.
No objections were filed. Judge Seibel therefore reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record. The opinion states that the court found no error and adopted the recommendation as the court’s decision.
Judgment
The court directed the Clerk of Court to enter judgment against the defendants jointly and severally, meaning each defendant could be held responsible for the full amount, totaling $175,555.37. The judgment consisted of:
- $23,280.00 in unpaid overtime to Zambrano; - $39,600.00 in unpaid overtime to Huayllasaca; - $23,280.00 in liquidated damages to Zambrano; - $39,600.00 in liquidated damages to Huayllasaca; - $8,013.04 in prejudgment interest to Zambrano; - $18,085.28 in prejudgment interest to Huayllasaca; - $10,000.00 in statutory damages for wage-statement violations to Zambrano; - $5,000.00 in statutory damages for wage-statement violations to Huayllasaca; - $7,441.00 in attorney’s fees; and - $1,256.05 in costs.
If any amount remained unpaid after 90 days following issuance of the judgment, or 90 days after the appeal period expired with no appeal pending, whichever was later, the total judgment would automatically increase by 15% under New York Labor Law § 198(4). Judge Cathy Seibel ordered the Clerk to enter the judgment and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.