Andrade-Barteldes v. ASA College, Inc.

Background

Ernest Andrade-Barteldes brought claims on behalf of himself and other similarly situated ASA faculty members. He asserted unpaid minimum-wage claims under the Fair Labor Standards Act (FLSA) and New York law, along with claims for unpaid earned wages, untimely wages, unjust enrichment, and quantum meruit. The defendants named in the opinion are ASA College, Inc., Alexander Shchegol, and Jose Valencia.

The court had previously granted Andrade-Barteldes’s motion to certify a class under Federal Rule of Civil Procedure 23 and to conditionally certify an FLSA collective. Valencia appeared without a lawyer and answered the complaint on March 27, 2023. The opinion states that he later did not respond to the certification motion, participate in discovery, provide the court with an updated address, or respond to earlier court orders.

Default procedure

Federal Rule of Civil Procedure 55 establishes two steps for obtaining a judgment against a party who fails to defend. First, the clerk enters a certificate of default, formally recognizing the party’s failure to defend. Second, after that entry, the plaintiff may seek a default judgment. A default judgment converts the defendant’s admission of liability into a final judgment and awards relief to the extent permitted by the pleadings and determined by the court.

On December 13, 2023, the court ordered Valencia to explain by January 5, 2024 why the clerk should not enter a certificate of default against him for failing to “otherwise defend” the action. Valencia did not respond to that order.

Ruling

The court found that Valencia failed to “otherwise defend” the action and that entering a certificate of default was appropriate. It directed the Clerk of Court to enter a certificate of default against Valencia and to send him a copy of the order at the address on file. The order did not direct entry of a default judgment or determine the amount of any damages.