GUTIERREZ v. LCC LANDSCAPES et al, No. 2:2014cv02129 - Document 13 (D.N.J. 2014)
Court Description: 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, )
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GUTIERREZ v. LCC LANDSCAPES et al Doc. 13 Not for Publication United States District Court for the District of New Jersey DANIEL GUTIERREZ, Plaintiff, v. Civil No.: 14-2129 (KSH) LCC LANDSCAPES and LUCIANO CAGGIANO, JR.,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. Dockets.Justia.com
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