De Jesus v. Carnegie Valet Cleaning Corp.
1:23-cv-04783
S.D.N.Y.Nov 26, 2024Background
- Jorge De Jesus sued Gotham Cleaners Inc. and Cory Perlson under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) for unpaid wages and related damages.
- Defendants failed to appear, respond, or otherwise participate in the case.
- On October 31, 2023, the court granted a default judgment for De Jesus and referred the case to Magistrate Judge Cave for an inquest into damages.
- De Jesus submitted proposed findings and evidence, which defendants did not contest.
- Magistrate Judge Cave recommended damages, attorney’s fees, and costs, and gave the parties 14 days for objections; none were filed.
- The district court reviewed the recommendation for clear error, found none, and adopted the findings in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability under FLSA/NYLL | Owed unpaid wages and overtime by Gotham | No argument made | Defendants jointly and severally liable |
| Damages for unpaid wages | Entitled to straight time and overtime pay | No argument made | Awarded compensatory and liquidated damages |
| Entitlement to attorney’s fees and costs | Prevailing parties entitled to fees and costs | No argument made | Fees and costs awarded as requested |
| Objection to Magistrate Report | Magistrate findings should stand | No argument made | No objections; adopted entire report |
Key Cases Cited
- Ruiz v. Citibank, N.A., [citation="14 F. App'x 88"] (2d Cir. 2011) (articulates standard for reviewing unopposed magistrate recommendations)
- Monroe v. Hyundai of Manhattan & Westchester, [citation="372 F. App'x 147"] (2d Cir. 2010) (failure to object to magistrate’s report waives appellate review)
- Caidor v. Onondaga Cnty., 517 F.3d 601 (2d Cir. 2008) (discusses waiver of objections to magistrate reports)
- Frank v. Johnson, 968 F.2d 298 (2d Cir. 1992) (addresses consequences of not filing timely objections to report and recommendation)
