Santana v. The Duke, LLC et al

Filing 60

ORDER adopting 57 REPORT AND RECOMMENDATIONS re 46 MOTION for default judgment against Fabio Bonifacio, The Duke, LLC filed by Edward Santana. The Report and Recommendation 57 is ACCEPTED and ADOPTED and the findings incorporated here in. Plaintiff's Motion for Default Judgment 46 is GRANTED IN PART AND DENIED IN PART. Specifically, the Motion is granted as to Counts 1, 2, 6, and 7, and is otherwise denied. The Clerk shall enter default judgment in favor of Plaintiff and a gainst Defendants as follows: (a) as to Count 1 for unpaid minimum wages in the amount of $816.95, an equal amount of liquidated damages in the amount of $816.95, and $50.00 in costs, totaling $1,683.90; (b) as to Count 2 for ret aliation in the amount of $23,764.90, and an equal amount of liquidated damages in the amount of $23,764.90, for a total of $47,529.80; (c) as to Counts 6 and 7 for false imprisonment and/or false arrest in the amount of $290.00; (d) Counts 3, 4, and 5 are dismissed without prejudice. After the entry of judgment, the Clerk is directed to terminate all pending matters and to close the file. Signed by Judge Sheri Polster Chappell on 6/15/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
EDWARD SANTANA,
Plaintiff,
v.

Case No: 2:16-cv-190-FtM-38MRM

THE DUKE, LLC and FABIO
BONIFACIO,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy’s Report and Recommendation (Doc. 57) filed on May 16, 2017.2 Judge McCoy
recommends granting in part and denying in part Plaintiff pro se Edward Santana’s Motion
for Final Default Judgment (Doc. 46).

Because no objections have been filed to the

Report and Recommendation, this matter is ripe for review.
A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge
1

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products they provide on their websites. Likewise, the Court has no agreements with any of these
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some other site does not affect the opinion of the Court.
2

The objection period was extended because copies were not initially furnished to the parties.
(Doc. 58).

may also receive further evidenced or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file carefully and independently, and upon considering Judge
McCoy’s findings and recommendations submitted after holding an evidentiary hearing
on the matter, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 57) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) Plaintiff’s Motion for Default Judgment (Doc. 46) is GRANTED IN PART AND
DENIED IN PART. Specifically, the Motion is granted as to Counts 1, 2, 6, and 7, and is
otherwise denied.
(3) The Clerk shall enter default judgment in favor of Plaintiff and against
Defendants as follows:
(a) as to Count 1 for unpaid minimum wages in the amount of $816.95, an
equal amount of liquidated damages in the amount of $816.95, and
$50.00 in costs, totaling $1,683.90;
(b) as to Count 2 for retaliation in the amount of $23,764.90, and an equal
amount of liquidated damages in the amount of $23,764.90, for a total
of $47,529.80;
(c) as to Counts 6 and 7 for false imprisonment and/or false arrest in the
amount of $290.00;
(d) Counts 3, 4, and 5 are dismissed without prejudice.

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(4) After the entry of judgment, the Clerk is directed to terminate all pending matters
and to close the file.
DONE and ORDERED in Fort Myers, Florida this 15th day of June, 2017.

Copies:
Hon Mac R. McCoy
All Parties of Record

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