Opinion
2:22-CV-00683-CB-CRE
07-11-2022
MARTIN J. WALSH, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR; Plaintiff, v. OM SHIVA ENTERPRISE, INC., DURLABHJU UKANI, Defendants,
REPORT AND RECOMMENDATION
Cynthia Reed Eddy, Chief United States Magistrate Judge
I. RECOMMENDATION
For the reasons that follow, it is respectfully recommended that Plaintiff's Motion to Approve Consent Judgment (ECF No. 4) be granted.
II. REPORT
On May 5, 2022, the Secretary of Labor, on behalf of the United States Department of Labor (“Plaintiff”), filed a complaint to enjoin Defendants OM Shiva Enterprise, Inc. and Durlabhju Ukani from violating provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. On May 27, 2022, Plaintiff filed a motion to approve and enter a consent judgment with the undersigned. According to Plaintiff, “the parties have reached an agreement for the purpose of settling the above-referenced matter.” Motion (ECF No. 4) at 1. Plaintiff has attached to the motion a consent judgment outlining the parameters of the agreement. See Consent Judgment (ECF No. 4-1).
“[A] consent judgment is a judicial act and “possesses the same force and character as a judgment rendered following a contested trial.” S.E.C. v. Hatch, 128 F.R.D. 58, 60 (D.N.J. 1989) “[T]he purpose of a consent judgment is to settle the case without further litigation.” Keefe v. Prudential Prop. & Cas. Ins. Co., 203 F.3d 218, 223 (3d Cir. 2000).
Here, “Plaintiff represents that the parties have reached an agreement for the purpose of settling” this matter. Motion (ECF No. 4) at 1. The Consent Judgment this Court is asked to approve provides, inter alia, that Defendants have waived formal service or process and all defenses and has been signed by both Plaintiff and Defendants. Consent Judgment (ECF No. 41) at 1, 6-7. Based on the foregoing, the undersigned respectfully recommends that the Court approve the Consent Judgment docketed at ECF No. 4-1 in this matter.
Pursuant to the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Civil Rules, the parties are allowed until July 25, 2022, to file objections. Failure to timely file objections will constitute a waiver of any appellate rights. Brightwell v. Lehman, 637 F.3d 187, 193 n. 7 (3d Cir. 2011). Any party opposing objections may file their objections and any response to the initial objections within fourteen (14) days thereafter in accordance with Local Civil Rule 72.