Chavez- Deremer v. Melo Roofing, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_________________________________________
LORI CHAVEZ-DEREMER, Secretary of Labor,
United States Department of Labor,
Petitioner,
v.
5:25-MC-0010
(GTS/ML)
MELO ROOFING, INC.,
Respondent.
_________________________________________
APPEARANCES: 	OF COUNSEL:
OFFICE OF THE SOLCITOR 	ANDREW KARONIS, ESQ.
UNITED STATES DEPARTMENT OF LABOR 	Senior Trial Attorney
Counsel for Petitioner
Office of Regional Solicitor – New York Office
210 Varick Street, Room 983
New York, New York 10014
GALLI LAW, PLLC 	ANTHONY C. GALLI, ESQ.
Counsel for Respondent
6555 Ridings Road
Syracuse, New York 13206
GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
Currently before the Court, in this administrative action filed by Secretary of Labor Lori
Chavez-Deremer (“Petitioner”) against Melo Roofing, Inc. (“Respondent”) concerning the
production of documents pursuant to an administrative subpoena duces tecum issued by the U.S.
Department of Labor (“Subpoena”), is United States Magistrate Judge Thérèse Wiley Dancks’
Report-Recommendation recommending that the Court grant Petitioner’s motions to compel
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compliance with the Subpoena and extend the six-month statutory deadline for Petitioner to issue
citations pursuant to the doctrine of equitable tolling. (Dkt. Nos. 1, 11, and 12.) The parties have
not filed an Objection to the Report-Recommendation, and the time in which to do so has
expired. (See generally Docket Sheet.)
After carefully reviewing the relevant papers herein, including Magistrate Judge Dancks’
thorough Report-Recommendation, the Court can find no clear error in the Report-
Recommendation:1 Magistrate Judge Dancks employed the proper standards, accurately recited
the facts, and reasonably applied the law to those facts. As a result, the Report-Recommendation
is accepted and adopted in its entirety for the reasons stated therein.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 12) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Petitioner’s motions to compel compliance with the Subpoena and
extend the six-month statutory deadline for Petitioner to issue citations pursuant to the doctrine
of equitable tolling (Dkt. Nos. 1 and 11) are GRANTED; and it is further
1 	When no objection is made to a report-recommendation, the Court subjects that report-
recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes:
1983 Addition. When performing such a “clear error” review, “the court need only satisfy itself
that there is no clear error on the face of the record in order to accept the recommendation.” Id.;
see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995)
(Sotomayor, J.) (“I am permitted to adopt those sections of [a magistrate judge’s] report to which
no specific objection is made, so long as those sections are not facially erroneous.”) (internal
quotation marks omitted).
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ORDERED that the six-month statutory deadline for Petitioner to issue citations in the
investigation that prompted the Petition is equitably tolled from June 6, 2025, until Respondent
has provided complete responses as set forth in this Report-Recommendation.
Dated: February 27, 2026
Syracuse, New York
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