GUTIERREZ v. LCC LANDSCAPES et al

Filing 13

Opinion and ORDER denying 12 Motion for Default Judgment. Plaintiff may refile his motion properly supported with full explanation of damage demands on or before January 23, 2015, motion will be returnable on 2/17/15.. Signed by Judge Katharine S. Hayden on 12/30/14. (rg, )

Not for Publication
United States District Court
for the District of New Jersey

DANIEL GUTIERREZ,
Plaintiff,
v.

Civil No.: 14-2129 (KSH)

LCC LANDSCAPES and LUCIANO
CAGGIANO, JR.,

Opinion and Order

Defendants.

Katharine S. Hayden, U.S.D.J.
This matter comes before the Court upon plaintiff Daniel Gutierrez’s motion for entry of
default judgment [D.E. 12] against defendants LCC Landscapes and Luciano Caggiano, Jr.
(“Defendants”); and
Gutierrez having commenced this action against Defendants for their alleged violation of
the Fair Labor Standards Act, 29 U.S.C. § 201 and the New Jersey State Wage and Hour Law,
N.J.S.A. 34:11-561; and
The Court, having reviewed Gutierrez’s submissions on the motion, finding, in exercise
of its discretion, that Gutierrez’s proof of damages [D.E. 12-1, 12-2, and 12-3] is inadequate to
support its request for default judgment;
IT IS, on this 30th day of December 2014,
ORDERED that the motion for entry of default judgment [D.E. 12] is DENIED.
Plaintiff may refile his motion on or before January 23, 2015, returnable February 17, 2015,
properly supported with full explanation of damage demands.

/s/ Katharine S. Hayden
Katharine S. Hayden, U.S.D.J.