GAVIRIA et al v. COLUMBUS BAKERY INC. et al

Filing 39

ORDER granting 35 Motion for Default Judgment in the sum of $1,920.00 in favor of pltf. Fredy Gaviria and against defts. Homestyle Bakery, LLc Richard Darko, Thomas Yeboah and Charles Nyantaky; judgment for the sum of $17,485.71 in favor of pltf. Jorge Acuna and against Homestyle Bakery, LLC, Richard Darko Thomas Yeboah and Charles Nyantaky; attorneys' fees & costs in the amount of $42,845.34. Signed by Judge Jose L. Linares on 4/4/2013. (nr, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
FREDY GAVIRIA, et al.,

Civil Action No.: 11-6999 (JLL)

Plaintiffs,
V.

COLUMBUS BAKERY, INC., et a!.,

ORDER

Defendants.
This matter comes before the Court by way of Plaintiffs’ motion for default judgment
pursuant to Federal Rule of Civil Procedure 55(b)(2) [Docket Entry No. 35], and it appearing that:

1.

Plaintiff’s Complaint was filed with this Court on November 30, 2011. An
Amended Complaint was filed on August 15, 2012.

2.

A copy of the summons and Amended Complaint was served upon
Defendants Thomas Yeboah, Charles Nyantaky, Richard Darko and
Homestyle Bakery on December 14, 2012. See Docket Entry Nos. 25-28.

3.

On March 25, 2013, default as to the foregoing Defendants was entered by
the Clerk’s Office.

4.

Plaintiffs filed a motion for default judgment on March 19, 2013.

5.

To date, the foregoing Defendants have failed to make an appearance in this
matter and have failed to oppose Plaintiffs’ motion for default judgment.

6.

Default judgment is governed by Federal Rule of Civil Procedure 55. Rule
55(a) provides, in relevant part, as follows: “When a party against whom a

judgment for affirmative relief is sought has failed to plead or otherwise
defend, and that failure is shown by affidavit or otherwise, the clerk must
enter the party’s default.” Fed. R. Civ. P. 55(a). “Thereafter, the plaintiffmay
seek the Court’s entryofdefault judgment undereitherRule 55(b)(1) or Rule
55(b)(2).” Doug Brady, Inc. v. N.J. Bldg. Laborers Statewide Funds, 250
F.R.D. 171, 177 (D.N.J. 2008) (citation omitted). “The district court has the
discretion to enter default judgment, although entry of default judgments is
disfavored as decisions on the merits are preferred.” Super 8 Motels, Inc. v.
Kumar, No. 06-5231, 2008 WL 878426 (D.N.J. April 1, 2008) (citation
omitted).
7.

Having carefully considered Plaintiffs’ unopposed motion for default
judgment in conjunction with Plaintiffs’ Amended Complaint, and for good
cause shown,

IT IS on this

4th1

day of April, 2013,

ORDERED that Plaintiffs’ motion for default judgment [Docket Entry No. 35) is granted;
and it is further
ORDERED that judgment is hereby entered in favor of Plaintiff Fredy Gaviria as against

Defendants Homestyle Bakery, LLC (djb/a Homestead Bakery), Richard Darko, Thomas Yeboah and
Charles Nyantaky in the amount of$ 1,920.00 (inclusive of compensatory damages and permissible
liquidated damages, pursuant to 28 U.S.C.

§ 196 1(a)); and it is further

ORDERED that judgment is hereby entered in favor of Plaintiff Jorge Acuna as against
Defendants Homestyle Bakery, LLC (d/b/a Homestead Bakery), Richard Darko, Thomas Yeboah and

Charles Nyantaky in the amount of$ 17,485.71 (inclusive of compensatory damages and permissible
liquidated damages, pursuant to 28 U.S.C.

§

1961(a)); and it is further

ORDERED that Plaintiffs are awarded attorneys’ fees in the amount of $42,423.24 and costs
in the amount of $422.10, pursuant to 28 U.S.C.

§

1961(a).

IT IS SO ORDERED.

JOSE L UN ARES,
UNITED STATES DISTRICT JUDGE