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De Jesus v. Carnegie Valet Cleaning Corp.
1:23-cv-04783
S.D.N.Y.
Nov 26, 2024
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Background

  • 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)
Read the full case

Case Details

Case Name: De Jesus v. Carnegie Valet Cleaning Corp.
Court Name: District Court, S.D. New York
Date Published: Nov 26, 2024
Citation: 1:23-cv-04783
Docket Number: 1:23-cv-04783
Court Abbreviation: S.D.N.Y.