Gulston v. Le Verde Group LLC et al.

Summary

The United States District Court for the Eastern District of New York adopted a magistrate judge’s Report and Recommendation recommending denial of the plaintiff’s motion for default judgment. The court granted the plaintiff leave to amend allegations concerning interstate commerce under the Fair Labor Standards Act and injury-in-fact relating to wage notice and wage statement claims, warning that insufficient amendments could result in dismissal.

Holdings

1. When no party objects to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error on the face of the record; finding no error, the court adopted the recommendation in its entirety.
2. Plaintiff's motion for a default judgment was denied.
3. Plaintiff was permitted to file an amended complaint by February 3, 2026, including allegations sufficiently establishing an element of interstate commerce under the FLSA and facts establishing injury in fact for the wage notice and wage statement claims.

Questions Presented

1. Whether the magistrate judge's recommendation should be adopted under clear-error review when no party filed objections.
2. Whether plaintiff's motion for a default judgment should be denied.
3. Whether plaintiff should be permitted to amend the complaint to allege interstate commerce under the FLSA and injury in fact for the wage notice and wage statement claims.

Disposition

other