Gomez v. El Rancho De Andres Carne De Tres Inc. et al

Filing 24

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS; The Court has reviewed the record and, finding no clear error, hereby adopts Magistrate Judge Go's R&R as the opinion of the Court. Accordingly, the Court strikes the answers of defenda nts El Rancho De Andres Carne De Tres Inc. d/b/a Andres Came De Tres, Diane Vargas and Harold Vargas and enters default against them. The Court refers any subsequent request by plaintiffs for damages and other relief in this case to Magistrate Judge Go for report and recommendation. Ordered by Chief Judge Carol Bagley Amon on 5/30/2013. ) (Fernandez, Erica) Modified on 5/31/2013 to reflect that judgment is not needed at this time (Fernandez, Erica).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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CESAR GOMEZ, on behalf of himself and all
others similarly situated,

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Plaintiffs,

NOT FOR PUBLICATION
MEMORANDUM & ORDER
12-CV-01264 (CBA) (MDG)

-againstEL RANCHO DE ANDRES CARNE DE TRES
INC., d/b/a ANDRES CARNE DE TRES,
HAROLD VARGAS, and DIANA VARGAS,
Defendants.

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AMON, Chief United States District Judge.

FILED .

IN CLERK'S OFFICI "

U.S. O!<-~!CT COURT E.D.N.V.

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MAY 3 1.2013

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BROOKLYN OFFICE

Cesar Gomez, on behalf of himself and all others similarly situated, filed this action
pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Since their counsel moved to
withdraw in August 2012, defendants El Rancho De Andres Carne De Tres Inc. d/b/a Andres
Carne De Tres, Diane Vargas and Harold Vargas have consistently failed to defend this action.
Despite repeated warnings that failure to comply with the Court's directives could result in
striking their answers and entry of default judgment against them, defendants failed to produce
Court-ordered discovery, to appear at a conference, or to pay sanctions. In addition, no new
counsel has entered a notice of appearance on behalf of defendants, nor has any defendant
communicated with the Court or plaintiffs' counsel since August 2012. Faced with this
noncompliance, Magistrate Judge Marilyn Go's issued a Report and Recommendation ("R&R")
on February 12, 2013 recommending that the Court strike defendants' answers and enter default
against them.
In line with their apparent lack of interest in defending this action, defendants have not
objected to the R&R, and the time for doing so has passed. Plaintiffs have also not filed any
objections. When deciding whether to adopt a R&R, a district court "may accept, reject, or
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modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28
U.S.C. § 636(b)(l)(C). To accept those portions of the R&R to which no timely objection has
been made, "a district court need only satisfy itself that there is no clear error on the face of the
record." Jarvis v. N. Am. Globex Fund, L.P, 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal
quotation marks and citation omitted). The Court has reviewed the record and, finding no clear
error, hereby adopts Magistrate Judge Go's R&R as the opinion of the Court.
Accordingly, the Court strikes the answers of defendants El Rancho De Andres Came De
Tres Inc. d/b/a Andres Came De Tres, Diane Vargas and Harold Vargas and enters default
against them. The Court refers any subsequent request by plaintiffs for damages and other relief
in this case to Magistrate Judge Go for report and recommendation.
SO ORDERED.

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Dated: Brooklyn, New York

s/Carol Bagley Amon

3v , 2013

Carol Bagle
Chief Unite

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