Islas et al v. Moran et al

Filing 45

MEMORANDUM AND ORDER. Plaintiffshave complied with the applicable rules for securing a default judgment, and their motion is granted. This matter is referred to Magistrate Judge Marilyn Go for an inquest to determine the appropriate remedies. Ordered by Judge Eric N. Vitaliano on 7/1/2013. (Siegfried, Evan)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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SOFIA ISLAS, VICTORINA BAT ANA,
ERNEST A VILLEGAS MORAN, LUCIA
JAVIER, ROSA FLORES and GLORIA
ZURITA, individually and on behalf of others
similarly situated,

MEMORANDUM AND ORDER
Plaintiffs,
10-CV-3129 (ENV) (MDG)

-againstELB and GEN LLC, CHAMPION
LAUNDERERS, INC., MICHAEL
ELBOGEN, and MARTIN ELBOGEN,
Defendant.

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VITALIANO, D.J.
Plaintiffs Sofia Islas, Victorina Batana, Ernest Villegas Moran, Lucia Javier,
Rosa Flores, and Gloria Zurita move the Court for default judgment against
defendants ELB and GEN LLC (d/b/a Champion Launderers, Inc.); Michael
Elbogen, and Martin Elbogen. 1 Plaintiffs brought this action on August 8, 2010
under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. and New York wageand-hour laws. (Com pl. (Dkt. No. 1)). Summonses and copies of the complaint were
served on the defendants' agent on January 14, 2011. (Summonses Ret. Exec. (Dkt
Nos. 4-6)). Defendants have never answered or otherwise responded to the
complaint, and the time to do so has expired.
On the plaintiffs' motion, the Clerk of Court entered a Certificate of Default
I

Plaintiffs initially named Allan Rudick as a defendant. By stipulation, Rudick
was dismissed from the action on March 15, 2011. (Stip. of Dismissal (Dkt. No.
10)).
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against defendants on March 15,2011. (Cert. of Default (Dkt. No. 11). Plaintiffs
have since complied with the applicable rules for securing a default judgment, and
their motion is granted. This matter is referred to Magistrate Judge Marilyn Go for
an inquest to determine the appropriate remedies.
SO ORDERED.

s/ ENV

'
ERIC N. VITALIANO
United States District Judge
Dated: Brooklyn, New York
July 1, 2013

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