Gulston v. Le Verde Group LLC et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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BRENDAN GULSTON,
Plaintiff,
-against-
LE VERDE GROUP LLC et al.,
Defendants.
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MEMORANDUM & ORDER
24-CV-4155 (EK)(PCG)
ERIC KOMITEE, United States District Judge:
The Court has received Magistrate Judge Pollak’s
Report and Recommendation (R&R) dated January 3, 2026. 	ECF No.
27. 	Judge Pollak recommends that the motion for a default
judgment, ECF No. 22, be denied, and that in the absence of an
amended pleading alleging an element of interstate commerce
under the Fair Labor Standards Act (“FLSA”), the case be
dismissed for lack of subject matter jurisdiction. 	Judge Pollak
also recommends that if the Court permit an amended pleading,
the Court should permit plaintiff to amend the factual
allegations pertaining to his wage notice and wage statement
claims to allege an injury-in-fact flowing therefrom. 	Neither
party has filed objections and the time to do so has expired.
Accordingly, the Court reviews Judge Pollak’s recommendation for
clear error on the face of the record. 	See Fed. R. Civ. P.
72(b) advisory committee’s note to 1983 addition; accord State
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Farm Mut. Auto. Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481
(E.D.N.Y. 2013).
Having reviewed the record, I find no error and
therefore adopt the R&R in its entirety. 	Thus, the motion for a
default judgment is denied. 	By February 3, plaintiff may file
an amended complaint. 	Failure to sufficiently allege an element
of interstate commerce under the FLSA may result in dismissal of
this case. 	Plaintiff may also amend his wage notice and wage
statement claims to allege facts establishing an injury-in-fact.
Failure to do so may result in dismissal of that claim.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	January 20, 2026
Brooklyn, New York
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