Filed: Aug. 10, 2015
Latest Update: Aug. 10, 2015
Summary: MEMORANDUM DECISION AND ORDER GEORGE B. DANIELS , District Judge . Plaintiff, Ramon Collado, on behalf of himself and others similarly situated, brought this case pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., and New York Labor Law Sections 191 et seq. to recover unpaid wages and overtime compensation, liquidated damages, pre-judgment and post-judgment interest, statutory damages, and attorneys' fees and costs. 1 This Court entered a default judgment in t
Summary: MEMORANDUM DECISION AND ORDER GEORGE B. DANIELS , District Judge . Plaintiff, Ramon Collado, on behalf of himself and others similarly situated, brought this case pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., and New York Labor Law Sections 191 et seq. to recover unpaid wages and overtime compensation, liquidated damages, pre-judgment and post-judgment interest, statutory damages, and attorneys' fees and costs. 1 This Court entered a default judgment in th..
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MEMORANDUM DECISION AND ORDER
GEORGE B. DANIELS, District Judge.
Plaintiff, Ramon Collado, on behalf of himself and others similarly situated, brought this case pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201 et seq., and New York Labor Law Sections 191 et seq. to recover unpaid wages and overtime compensation, liquidated damages, pre-judgment and post-judgment interest, statutory damages, and attorneys' fees and costs.1 This Court entered a default judgment in this matter on September 8, 2014, (see ECF No. 22), and referred this matter to Magistrate Judge Henry Pitman to conduct an inquest concerning Plaintiffs' damages. (See ECF No. 23.) This Court received the Report and Recommendation ("Report") on July 24, 2015. (Report, (ECF No. 29).) This Court now adopts the Report in full. Accordingly, Plaintiff is entitled to damages and fees in the amounts reflected in the Report and below.2
The Court "may accept, reject, or modify, in whole or in part, the findings or recommendations" set forth within the Report. See 28 U.S.C. § 636(b)(1)(C). When parties object to the Report, the Court must review de novo those portions of the Report to which objections are made. Id. The Court need not conduct a de novo hearing on the matter. See United States v. Raddatz, 447 U.S. 667, 675-76 (1980). Rather, "[i]t is sufficient that the district court `arrive at its own, independent conclusion about those portions of the magistrate's report to which objection is made.'" Nelson v. Smith, 618 F.Supp. 1186, 1189-90 (S.D.N.Y. 2005) (quoting Hernandez v. Estelle, 711 F.2d 619, 620 (5th Cir. 1983)). When the parties make no objections to the Report, the Court may adopt the Report if "there is no clear error on the face of the record." Adee Motor Cars, LLC v. Amato, 388 F.Supp.2d 250, 253 (S.D.N.Y. 2005) (citation omitted). No party has objected to the Report, and the time to do so has passed. (See Report at 38-39 (citing Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1)(c)).)
This Court agrees with the factual findings and conclusions of law in the Report. For the reasons articulated in the Report, Plaintiff is entitled to the following:
Wages & Overtime Compensation: $23,840.76
Liquidated Damages: $33,069.12
Pre-judgment Interest: $3,846.61
Statutory Damages: $2,500.00
Post-judgment Interest: At the rate authorized by 28 U.S.C. § 1961(b).
Attorneys' fees: $20,024.50
Costs: $1,376.59
Total: $84,657.58, plus $2.12 per day in pre-judgment interest, and post-judgment interest as
described in the Report and above.3
CONCLUSION
For the reasons provided in the Report, Defendants DonnyCarney Restaurant L.L.C. and Paul Desmond Hurley are jointly and severally liable to Plaintiff in the amount of $84,657.58, plus pre-judgment interest beginning on August 11, 2015 through the date of Judgment, followed by post-judgment interest to be calculated by the Clerk of the Court in accordance with 28 U.S.C. § 1961(b).4
The Clerk of the Court is instructed to close the motion at ECF No. 29 and this case.
SO ORDERED.
