Alberto Martinez Hernandez et al v. East Wingers Inc. et al

Filing 147

DEFAULT JUDGMENT: Accordingly, having considered the Memorandum of Law and Affidavit of Clela A. Errington in support of the motion for default judgment, the Summons and Amended Complaint previously filed in this action, and the affidavits of service thereof, it is hereby ORDERED that judgment be entered in Plaintiffs' favor against Defendants on all counts of Plaintiff's Amended Complaints as to liability. (Signed by Judge Andrew L. Carter, Jr on 5/1/2023) (tro)

Case 1:17-cv-02176-ALC-BCM Document 147 Filed 05/01/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOSE ALBERTO MARTINEZ HERNANDEZ,
ROBERTO JULIAN, ELIAS ROJAS, AGUSTIN
VALERIANO, EMILIO JEREMIAS RAMIREZ
ROJAS, and PRIXCO SORIANO, individually
and
on behalf of others similarly situated,

17-cv-2176 (ALC)

Plaintiffs,
DEFAULT JUDGMENT

-againstEAST WINGERS INC. (d/b/a BEST WINGERS)
and KUNJ PATEL,
Defendants.

ANDREW L. CARTER, JR., United States District Judge:
Plaintiffs bring this action against Defendants EAST WINGERS INC. (d/b/a BEST
WINGERS) and KUNJ PATEL alleging violations of the Fair Labor Standards Act and New York
Labor Law. Defendants’ counsel withdrew from this case on May 31, 2022. The Clerk of Court
entered Certificates of Default as to both Defendants on August 23, 2022. (See ECF Nos. 132–
33.) Plaintiffs moved for default judgment on September 16, 2022. (ECF Nos. 136–138.)
On October 4, 2022, the Court issued an Order to Show Cause why an order pursuant to
Fed. R. Civ. P. 55 entering default judgment should not issue. (ECF No. 139.) Defendants were
advised that failure to respond to the Order to Show Cause would be grounds for granting a default
judgment in Plaintiff’s favor. To date, Defendants have not responded to the Order to Show
Cause or otherwise participated in this action.
Accordingly, having considered the Memorandum of Law and Affidavit of Clela A.
Errington in support of the motion for default judgment, the Summons and Amended Complaint
previously filed in this action, and the affidavits of service thereof, it is hereby ORDERED that

Case 1:17-cv-02176-ALC-BCM Document 147 Filed 05/01/23 Page 2 of 2

judgment be entered in Plaintiffs’ favor against Defendants on all counts of Plaintiff’s Amended
Complaints as to liability.
SO ORDERED.

___________________________________
ANDREW L. CARTER, JR.
United States District Judge

Dated: May 1, 2023
New York, New York

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