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Francis v. Ideal Masonry Inc.

Magistrate's Report Not Adopted in Court's Denial of Default Judgment's Vacatur

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MEMORANDUM & ORDER Plaintiffs Peter Francis and Michael George brought this action against Defendants Ideal Masonry, Inc. (“Ideal”), Rocky’s Construction, Inc. (“Rocky’s”), and Rakid Vrlaku, alleging violations of 42 U.S.C. §1981, Title VII of the Civil Rights Act of 1964, and the Administrative Code of the City of New York, §8-101 et seq. Pending before the court is Defendants’ Motion to Vacate the Default Judgment, pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. (See Mot. to Set Aside J. (“Mot.”) (Dkt. 27).) The court referred the pending motion to Magistrate Judge Peggy Kuo, who issued a Report and Recommendation (“R&R”) recommending that the court grant Defendants’ motion contingent on their payment of Plaintiffs’ costs and attorneys’ fees. (Sept. 25, 2020 R&R (“R&R”) (Dkt. 47) at 12.) Plaintiffs filed a timely objection to the R&R. (See Obj. to R&R (“Obj.”) (Dkt. 50).) Defendants responded to Plaintiffs’ objection, urging the court to adopt Judge Kuo’s R&R. (See Reply to Pls.’ Obj. (“Reply to Obj.”) (Dkt. 52).) As explained below, the court agrees with much of the analysis and several of the findings set forth in the R&R, but it agrees with Plaintiffs’ objection that the R&R ascribed insufficient weight to the willfulness of Defendants’ default. Accordingly, the court SUSTAINS Plaintiffs’ objection, DECLINES TO ADOPT the R&R, and DENIES Defendants’ Motion to Vacate the Default Judgment. I. BACKGROUND Plaintiffs Michael George and Peter Francis, both of whom are Black males and immigrants, were hired by Defendants in December 2014 and January 2015, respectively. (Compl. (Dkt. 1)

6-7.) They were both fired on April 22, 2015. (Id.

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