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GUTIERREZ v. LCC LANDSCAPES, 14-2129 (KSH). (2014)

Court: District Court, D. New Jersey Number: infdco20141231b15 Visitors: 3
Filed: Dec. 30, 2014
Latest Update: Dec. 30, 2014
Summary: Opinion and Order KATHARINE S. HAYDEN, District Judge. 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 sub
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Opinion and Order

KATHARINE S. HAYDEN, District Judge.

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.

Source:  Leagle

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