Ortega Juarez v. Mi Mexico Mini Market & Grocery Inc.

Background

Ruben Ortega Juarez brought this action individually and on behalf of others similarly situated against Mi Mexico Mini Market & Grocery Inc., Cecilio Lezama, Rene Lezama, and Jael Lezama. The opinion states that the claims arose under federal and state law. The defendants did not appear or oppose Ortega Juarez’s motion for default judgment.

The Clerk entered certificates of default against the defendants. Magistrate Judge Stewart D. Aaron then issued a Report and Recommendation recommending that the court grant the motion. Ortega Juarez served the recommendation on the defendants, and no party filed objections.

Court’s Review

Because no timely objections were filed, the court reviewed the Report and Recommendation for clear error on the face of the record. The court found that its reasoning was sound, supported by the facts and law, and not clearly erroneous. The court adopted the recommendation in its entirety, with a minor clarification concerning the costs calculation. The opinion states that the recommended total of $488 in costs was accurate and reasonable.

Judgment and Disposition

The court directed the Clerk to enter default judgment in favor of Ortega Juarez and against the defendants for $217,249.50, consisting of $108,624.75 in minimum and overtime wages and $108,624.75 in liquidated damages. It also awarded $2,543 in attorneys’ fees and costs and prejudgment interest at New York’s statutory rate of 9% per year on $108,624.75, calculated from July 8, 2020, through entry of judgment.

The order further states that if amounts remain unpaid after the specified 90-day period, the judgment will automatically increase by 15% under Section 198(4) of the New York Labor Law. Judge Jennifer L. Rochon directed the Clerk to enter judgment consistent with the order and close the case. The opinion states that the defendants’ failure to object after receiving notice prevents appellate review.