Siliki v. Linn
- Katherine Failla
- 1:21-cv-08162
- U.S. District Court · Southern District of New York
- 6
In Siliki v. Linn, Judge Failla dismissed the action after Siliki failed to file required damages submissions.
Flavien Siliki’s wage-law action, including the claims asserted on behalf of others similarly situated, was dismissed in its entirety; the defendants had previously received default judgments as to liability only.
What happened
In Siliki v. Linn, Flavien Siliki sued Alan Linn and Citizens Arts Club, Inc., alleging violations of federal and New York wage laws. The defendants did not appear, and the court entered default judgments against them on liability only.
The case was then sent to Magistrate Judge Ona T. Wang to determine damages. After several extensions and a final deadline, Siliki did not file the required materials. Judge Wang recommended dismissal for failure to prosecute, and neither side objected.
Judge Failla found no clear error, adopted Judge Wang’s recommendation in its entirety, and ordered that the action be dismissed in its entirety. The Clerk was directed to terminate pending motions, cancel remaining dates, and close the case.
The detailed version
- Siliki v. Linn · No. 1:21-cv-08162
- Katherine Failla
- Dec. 29, 2023
Background
Flavien Siliki brought the action on behalf of himself and others similarly situated against Alan Linn and Citizens Arts Club, Inc., doing business as Norwood. He alleged that the defendants violated the federal Fair Labor Standards Act, the New York Labor Law, and New York regulations by misclassifying employees as independent contractors and facilitating wage theft.
The defendants were served but did not appear or answer. After the court directed Siliki to seek certificates of default, the Clerk issued certificates of default. Siliki later moved for default judgment. On July 21, 2022, the court entered default judgments against the defendants as to liability only and referred the case to Magistrate Judge Ona T. Wang for an inquest into damages.
Failure to Prosecute
Judge Wang ordered Siliki to submit proposed factual findings, legal conclusions, and proof of damages. She granted four extensions, with the last deadline set for May 3, 2023. On October 12, 2023, because Siliki still had not filed the required materials, Judge Wang granted one final extension through November 17, 2023, and stated that there would be no more extensions.
Siliki did not file the inquest submissions. On November 28, 2023, Judge Wang recommended dismissing the action for failure to prosecute. The parties were informed that objections were due within fourteen days, but neither party objected.
District Court’s Ruling
Because no objections were filed, Judge Failla reviewed the Report and Recommendation for clear error. She found that its reasoning was supported by the facts and law and agreed that the case should be dismissed for failure to prosecute. The court adopted the Report and Recommendation in its entirety and ordered that the action be dismissed in its entirety. The Clerk was directed to terminate all pending motions, adjourn all remaining dates, and close the case.
Disposition
The action was dismissed in its entirety for failure to prosecute. The opinion does not state that the dismissal was with or without prejudice.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.