Gurung v. Malhotra

851 F. Supp. 2d 583, 2012 WL 983520, 2012 U.S. Dist. LEXIS 41907
CourtDistrict Court, S.D. New York
DecidedMarch 16, 2012
DocketNo. 10 Civ. 5086(VM)
StatusPublished
Cited by37 cases

This text of 851 F. Supp. 2d 583 (Gurung v. Malhotra) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gurung v. Malhotra, 851 F. Supp. 2d 583, 2012 WL 983520, 2012 U.S. Dist. LEXIS 41907 (S.D.N.Y. 2012).

Opinion

DECISION AND ORDER

VICTOR MARRERO, District Judge.

I. BACKGROUND

Plaintiff Shanti Gurung (“Gurung”) brought this action asserting claims pursuant to several federal and New York State labor and human rights laws as well as common law, arising from Gurung’s employment by defendants Jogesh Malhotra and Neena Malhotra (the “Malhotras”) as a domestic worker. By Decision and Order dated November 22, 2011, 279 F.R.D. 215 (S.D.N.Y.2011), the Court authorized entry of default judgment against the Malhotras and referred the matter to Magistrate Judge Frank Maas for an inquest on damages.

By Order dated February 21, 2012, Magistrate Judge Frank Maas issued a Report and Recommendation (the “Report”), a copy of which is attached and incorporated herein, recommending that Gurung be awarded judgment in a total amount of $1,458,335, plus an additional sum to be determined for expenses of electronic legal research. The Malhotras have not filed objections to the Report. For the reasons stated below, the Court adopts the recommendations of the Report in then-entirety.

II. STANDARD OF REVIEW

A district court evaluating a magistrate judge’s report may adopt those portions of the report to which no “specific, written objection” is made, as long as the factual and legal bases supporting the findings and conclusions set forth in those sections are not clearly erroneous or contrary to law. Fed.R.Civ.P. 72(b); see also Thomas v. Arn, 474 U.S. 140, 149, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985); Greene v. WCI Holdings Corp., 956 F.Supp. 509, 513 (S.D.N.Y.1997). The Court is not required to review any portion of a magistrate judge’s report that is not the subject of an objection. See Thomas, 474 U.S. at 149, 106 S.Ct. 466. A district judge may accept, set aside, or modify, in whole or in part, the findings and recommendations of the magistrate judge as to such matters. See Fed. R.Civ.P. 72(b); DeLuca v. Lord, 858 F.Supp. 1330, 1345 (S.D.N.Y.1994).

III. DISCUSSION

Upon a review of the full record in this litigation, including the papers submitted in connection with this proceeding, as well as the Report and applicable legal authorities, the Court concludes that the findings, reasoning, and legal support for the recommendations made in Report are not clearly erroneous or contrary to law and are thus warranted. Accordingly, for substantially the reasons set forth in the Report the Court adopts the Report’s factual and legal analyses and determinations, as well as its substantive recommendations, in their entirety as the Court’s ruling as to Gurung’s application for an award of damages.

IV. ORDER

For the reasons discussed above, it is hereby

ORDERED that the Report and Recommendation (the “Report”) of Magistrate Judge Frank Maas dated February 21, 2012 (Docket No. 45) is adopted in its entirety, and the application of plaintiff Shanti Gurung (“Gurung”) for an award of damages is GRANTED; and it is further

ORDERED that the Clerk of Court is directed to enter judgment in favor of Gurung and against defendants Jogesh [587]*587Malhotra and Neena Malhotra in an amount of $1,458,335 in accordance with the calculations and breakdown of that amount set forth in the Report.

The Clerk of Court is directed to terminate any pending motions and to close this case.

SO ORDERED.

REPORT AND RECOMMENDATION TO THE HONORABLE VICTOR MARRERO

FRANK MAAS, United States Magistrate Judge.

I. Introduction

Plaintiff Shanti Gurung (“Gurung”) commenced this action to recover damages from defendants Jogesh and Neena Malhotra (“the Malhotras”) because of their barbaric treatment of Gurung while she was employed as their domestic worker, On November 28, 2011, Your Honor granted Gurung’s motion for a default judgment as to liability, but directed that the matter be referred to me to conduct an inquest regarding damages, (ECF Nos. 31, 32). For the reasons set forth below, I recommend that Gurung be awarded judgment against the Malhotras in the amount of $1,458,335, inclusive of legal fees,

In light of the Malhotras’ default, Gurung’s well-pleaded allegations concerning issues other than damages must be accepted as true. See Cotton v. Slone, 4 F.3d 176, 181 (2d Cir.1993); Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir.1992); Time Warner Cable of N.Y.C. v. Barnes, 13 F.Supp.2d 543, 547 (S.D.N.Y.1998). Accordingly, the only question before the Court is the quantum of damages she is entitled to recover.

Although a plaintiff seeking to recover damages against a defaulting defendant must prove her claim through the submission of evidence, the Court need not hold a hearing as long as it has determined the proper rule for calculating damages, see Credit Lyonnais Sec. (USA), Inc. v. Alcantara, 183 F.3d 151, 155 (2d Cir.1999), and the plaintiffs evidence establishes, with reasonable certainty, the basis for the damages specified in the default judgment, see Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir.1997). Here, because both requirements have been met, a hearing is unnecessary.

III. Facts

Gurung’s uncontested complaint and inquest papers establish as follows:

In 2006, Gurung moved to the United States from India at the behest of the Malhotras. (ECF No. 1 (“Compl.”) ¶ 7; ECF No. 37 (“Gurung Aff.”) ¶2). At the time, Neena Malhotra was serving as the “Counselor of Press, Culture, Information, Education, and Community Affairs at the Consulate General of India in Manhattan.” (Compl. ¶ 8). Before Gurung left India, the Malhotras promised to pay her 5,000 Indian rupees (approximately $108) per month for three years, in exchange for “light cooking, light cleaning, and staffing the occasional house party.” (Id. ¶ 14). Gurung thought that the 5,000 rupees “sounded like a good salary for someone in [her] position.” (Gurung Aff. ¶ 5; see also Compl. ¶ 14).

Before Gurung left India, Neena Malhotra helped her to obtain a passport, an “A-3” visa, and an “official identification from the Consulate of India.” (See Compl. ¶ 15). In order to ensure that these documents would be issued, Neena Malhotra instructed Gurung to make two misrepresentations to officials at the American Embassy in New Delhi. The first false statement was that Gurung would be paid $7 [588]*588per hour (not 5,000 rupees per month).

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851 F. Supp. 2d 583, 2012 WL 983520, 2012 U.S. Dist. LEXIS 41907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gurung-v-malhotra-nysd-2012.