Farez v. Pinery Cleaners Inc.

Background

Luis Farez brought the action individually and on behalf of others similarly situated. He sought unpaid minimum and overtime wages under the Fair Labor Standards Act and New York Labor Law, along with liquidated damages, interest, attorneys’ fees, and costs.

Farez filed proof that Pinery Cleaners Inc., doing business as Madison Cleaners/Crown Cleaners, and Won K. Cho, also known as James Cho, had been served. Neither defendant appeared or responded by the applicable deadlines. The Clerk of Court issued certificates of default. After the defendants also failed to attend an order-to-show-cause hearing or request more time, the court entered a default judgment against them on liability on April 14, 2023.

Damages Recommendation

The court referred the damages issue to Magistrate Judge Stewart D. Aaron for an inquest. On July 21, 2023, Judge Aaron recommended entering judgment for Farez in the amount of $167,338, consisting of $83,669 in minimum and overtime wages and $83,669 in liquidated damages. He also recommended awarding $3,218.25 in attorneys’ fees and costs.

The recommendation further called for prejudgment interest and post-judgment interest as described in the report. It also recommended additional damages if the judgment was not satisfied, as described in the report.

Ruling

The parties had fourteen days to object to the recommendation, but neither party objected or requested more time. Without a timely objection, the district court reviews the recommendation for clear error, meaning an obvious mistake in the record. Judge Broderick reviewed the report and found no clear error.

Judge Broderick therefore adopted the Report and Recommendation in its entirety. He directed the Clerk’s Office to terminate any open motions, enter judgment in accordance with the order, and close the case.