Zambrana v. Scubavice Diving Center, LLC et al
Filing
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ORDERED: Judge Dudek's Amended Report and Recommendation (Doc. 53) is ACCEPTED and ADOPTED, and the findings incorporated herein. Plaintiff's Renewed Motion for Entry of Default Judgment (Doc. 51) is GRANTED in part. The Clerk is D IRECTED to enter judgment in favor of Plaintiff and against Defendant Scubavice Diving Center, LLC, in the amount of $102,958.36, calculated as follows: $51,023.68 in unpaid minimum wages and an equal amount of liquidated damages, for a tot al of $102,047.36; and$911 in costs. The Clerk is further DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case. If Plaintiff wishes to seek attorney's fees, he must file the appropriate motion within 14 days of the entry of judgment. Signed by Judge Sheri Polster Chappell on 1/28/2025. (AEH)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JEFFREY ZAMBRANA, an
individual,
Plaintiff,
v.
Case No.: 2:23-cv-731-SPC-KCD
SCUBAVICE DIVING CENTER,
LLC AND RAMIRO I. PALMA,
Defendants.
/
OPINION AND ORDER
Before the Court is Plaintiff’s Renewed Motion for Entry of Default
Judgment (Doc. 51) and United States Magistrate Judge Kyle C. Dudek’s
Amended Report and Recommendation (Doc. 53). Judge Dudek recommends
that Plaintiff’s motion be granted in part and that the clerk be directed to enter
judgment in his favor. No party objected, so the matter is ripe for review.
After conducting a careful and complete review of the findings and
recommendations, a district judge “may accept, reject, or modify, in whole or
in part,” a magistrate judge’s report and recommendation.
28 U.S.C.
§ 636(b)(1)(C). In the absence of specific objections, there is no requirement
that a district judge review the report and recommendation de novo. See
Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Instead, when
parties don’t object, a district court need only correct plain error as demanded
by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F.
App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985).
Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it
affected substantial rights”; and (4) “not correcting the error would seriously
affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins.,
197 F.3d 1322, 1329 (11th Cir. 1999).
After careful consideration and an independent review of the case, the
Court finds no plain error. It accepts and adopts the Amended Report and
Recommendation in full.
Accordingly, it is now
ORDERED:
1. Judge Dudek’s Amended Report and Recommendation (Doc. 53) is
ACCEPTED and ADOPTED, and the findings incorporated herein.
2. Plaintiff’s Renewed Motion for Entry of Default Judgment (Doc. 51)
is GRANTED in part.
3. The Clerk is DIRECTED to enter judgment in favor of Plaintiff and
against Defendant Scubavice Diving Center, LLC, in the amount of
$102,958.36, calculated as follows:
a. $51,023.68 in unpaid minimum wages and an equal amount of
liquidated damages, for a total of $102,047.36; and
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b. $911 in costs.
4. The Clerk is further DIRECTED to deny any pending motions as
moot, terminate any deadlines, and close the case.
5. If Plaintiff wishes to seek attorney’s fees, he must file the appropriate
motion within 14 days of the entry of judgment.
DONE and ORDERED in Fort Myers, Florida on January 28, 2025.
Copies: All Parties of Record
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