Yuquilema et al v. Manhattan's Hero Corp et al
Filing
25
MEMORANDUM AND ORDER. It is ORDERED that: 1. Plaintiffs' motion for default judgment against Stefano Troia is denied; 2. Default judgments are hereby entered against Defendants Manhattan's Hero Corp., 350 Fifth Avenue Corp., and William Her nandez, precluding them from participating in the merits aspects of this action; and 3. The damages inquests against the defaulting Defendants will be consolidated with the damages aspects of the trial against the non-defaulting Defendants. The Clerk of Court is directed to terminate the motion pending at ECF No. 14. Granting in part and denying in part 14 Motion for Default Judgment. (Signed by Judge William H. Pauley, III on 6/25/2013) Copies Sent By Chambers. (rjm)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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USDCSDNY
DOCUMENT
·IILECTRONICALLY FILED
DOC #:_._---_ _ _ __
DATE FILED: 6/Z6/rs
JOSE YUQUILEMA, et aI.,
13 Civ. 461 (WHP)
Plaintiffs,
MEMORANDUM & ORDER
-againstMANHATTAN'S HERO CORP., et al.,
Defendants.
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WILLIAM H. PAULEY III, District Judge:
Plaintiffs Jose Yuquilema, Jose Orea, Pablo Velendez, and Mario Carrasco bring
this action under the Fair Labor Standards Act and New York Labor Law. They move for
default judgment against Defendants Manhattan's Hero Corp., 350 Fifth Avenue Corp., William
Fernandez, and Stefano Troia. For the following reasons, Plaintiffs' motion is granted in part.
DISCUSSION
Plaintiffs commenced this action on January 22,2013. 1 Manhattan's Hero Corp.
and 350 Fifth A venue Corp. were served with copies of the summons and complaint on March
11,2013 by serving the New York Secretary of State pursuant to N.Y. C.P.L.R. § 311(a)(I) and
N.Y. Bus. Corp. Law § 306(b)(1).2 William Fernandez and Stefano Troia were served March 21,
2013 pursuant to N.Y. C.P.L.R. § 308(2) by delivering copies ofthe summons and complaint to a
person of suitable age at their actual place of business and subsequently mailing copies of the
I
2
Compl. (ECF Doc. No.1).
ECF Docs. Nos. 3-4.
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summons and complaint to their place ofbusiness. 3
4
Stefano Troia answered the Complaint on June 20,2013. While his answer was
untimely, Plaintiffs were not prejudiced by his tardiness and entering a default judgment against
Troia would be inappropriate. See Pinaud v. Cnty. of Suffolk, 52 F.3d 1139, 1152 n.11 (2d Cir.
1995); Hallett v. Davis, 2012 WL 4378020, at *6 n.1 (S.D.N.Y. Sept. 25, 2012).
On the other hand, Manhattan's Hero Corp., 350 Fifth Avenue Corp., and William
Fernandez have failed to answer the Complaint or appear in this action. The Clerk of Court has
issued Certificates of Default against them. s Fernandez is not an infant nor is he incompetent. 6
Plaintiffs' motion for default judgments against these Defendants is granted as to liability, but
the Court will defer assessing damages against them pending the resolution of the claims against
the non-defaulting Defendants. See Pacific M. Int'l Corp. v. Raman Int'l Gems, Ltd., 888 F.
Supp. 2d 385,399-400 (S.D.N.Y. 2012); Montcalm Publ'g Corp. v. Ryan, 807 F. Supp. 975,
977-78 (S.D.N.Y. 1992).
3
4
ECF Docs. Nos. 5, 7.
ECF Doc. No. 24.
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CONCLUSION
For the following reasons, it is ORDERED that:
1. Plaintiffs' motion for default judgment against Stefano Troia is denied;
2. Default judgments are hereby entered against Defendants Manhattan's
Hero Corp., 350 Fifth Avenue Corp., and William Hernandez, precluding
them from participating in the merits aspects of this action; and
3. The damages inquests against the defaulting Defendants will be
consolidated with the damages aspects of the trial against the non
defaulting Defendants.
The Clerk of Court is directed to tenninate the motion pending at ECF No. 14.
Dated: June 25, 2013
New York, New York
SO ORDERED:
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WILLIAMH. PAULEYID
U.S.D.J.
r
Copies to:
Michael A.Faillace, Esq.
Michael Faillace & Associates, P.C.
60 East 42nd Street, Suite 2020
New York, NY 10 165
Counsel for Plaintiffs
Jack Mordehai
350 Fifth Avenue
New York, NY 10018
Defendant Pro Se
5
Decl. of Michael A. Faillace, Esq. in Support ofPl.'s Mot. for Default J. (ECF Doc. No. 20) ("Faillace Decl."),
Exs. H-J.
6
Faillace Decl. , 8.
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Stefano Troia
57 Main Street
Port Washington, NY 11050
Defendant Pro Se
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