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S.D.N.Y.Procedural orderFiled Feb. 26, 2024

Vazquez Reyes v. Bkuk 10 Corp.

Judge
Analisa Torres
Docket
1:19-cv-03919-AT-JLC
Court
U.S. District Court · Southern District of New York
Pages
1
FlsaEmploymentCivil Procedure
In one sentence

In Vazquez Reyes v. BKUK 10 Corp., Judge Torres adopted the damages recommendation and ordered judgment after defendants defaulted.

Who this affects

Jose Vazquez Reyes and the defendants, BKUK 10 CORP. et al.; the order determines the damages, fees, costs, and interest to be included in the judgment after the defendants’ default.

What happened

In Vazquez Reyes v. BKUK 10 Corp., Jose Vazquez Reyes sued for unpaid minimum and overtime wages under federal and New York wage laws. The defendants were served but did not appear.

The court had already granted Vazquez Reyes’s request for a default judgment and sent the case to Judge James L. Cott to determine damages. Judge Cott recommended $313,813.13 in damages, prejudgment interest on $151,906.56, $5,619 in attorneys’ fees and costs, and post-judgment interest. No party objected.

Judge Analisa Torres found no clear error, adopted Judge Cott’s recommendation in full, directed the Clerk to enter judgment consistent with the order and recommendation, and closed the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Vazquez Reyes v. Bkuk 10 Corp. · No. 1:19-cv-03919-AT-JLC
Judge
Analisa Torres
Date
Feb. 26, 2024

Background

Jose Vazquez Reyes brought claims for unpaid minimum and overtime wages under the Fair Labor Standards Act and New York Labor Law. The defendants were served but failed to appear.

On April 15, 2022, the Court granted Vazquez Reyes’s motion for a default judgment. A default judgment is a judgment entered because a defendant failed to participate in the case. The Court then referred the matter to Judge James L. Cott for an inquest after default to determine the amount owed.

Report and Recommendation

Judge Cott recommended awarding Vazquez Reyes $313,813.13 in damages, prejudgment interest on $151,906.56 of those damages, $5,619.00 in attorneys’ fees and costs, and post-judgment interest. The parties were notified of their right to object, but no objections were filed within the permitted time.

Ruling

Because no objections were filed, Judge Torres reviewed the Report and Recommendation for clear error. The Court found no clear error and adopted Judge Cott’s Report and Recommendation in its entirety. The Clerk was directed to enter judgment consistent with the order and the Report and Recommendation and to close the case.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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