Velasquez Rodriguez v. Heartland Painting and Remodeling Services, Inc. et al

Filing 39

ORDER: Judge Wilson's report and recommendation (Doc. 38) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. "Plaintiff's Motion for Default Final Judgment" (Doc. 30) is hereby granted. Plaintiff is to be awarded damages as follows: $5,970 in unpaid overtime wages and $5,970 in liquidated damages (totaling $11,940). In addition, Plaintiff is to be awarded $520 in costs.The Clerk i s directed to enter final default judgment in favor of Plaintiff Augusto Velasquez Rodriguez, and against Defendant Heartland Painting and Remodeling Services, Inc., in accordance with this Order. This case remains pending as to Defendant Emilio Murrieta. See Order for details. Signed by Judge Thomas P. Barber on 4/26/2021. (ANL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
AUGUSTO VELASQUEZ
RODRIGUEZ, for himself and on
behalf of those similarly situated,
Plaintiff,
v.

Case No. 8:20-cv-1399-TPB-TGW

HEARTLAND PAINTING AND
REMODELING SERVICES, INC.,
a Florida Corporation, and EMILIO
MURRIETA, individually,
Defendants.

/

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on consideration of the report and
recommendation of Thomas G. Wilson, United States Magistrate Judge, entered on
March 24, 2021. (Doc. 38). Judge Wilson recommends that “Plaintiff’s Motion for
Default Final Judgment” (Doc. 30) against Defendant Heartland Painting and
Remodeling Services, Inc. be granted. Judge Wilson specifically recommends that
Plaintiff be awarded $11,940.00 in unpaid overtime wages and liquidated damages
against Heartland Painting and Remodeling Services, Inc, along with $520.00 in
taxable costs. Neither party has filed an objection, and the time to object has
expired.
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify the magistrate

judge’s report and recommendation. 28 U.S.C. § 636(b)(1); 718 F.2d 198, 199 (4th
Cir. 1983); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). A district court
must “make a de novo determination of those portions of the [report and
recommendation] to which an objection is made.” 28 U.S.C. § 636(b)(1)(C). When
no objection is filed, a court reviews the report and recommendation for clear error.
Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006); Nettles v. Wainwright,
677 F.2d 404, 409 (5th Cir. 1982).
Upon due consideration of the record, including Judge Wilson’s report and
recommendation, the Court adopts the report and recommendation. Consequently,
Plaintiff’s motion for final default judgment against Defendant Heartland Painting
and Remodeling Services, Inc. is granted.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Judge Wilson’s report and recommendation (Doc. 38) is AFFIRMED and
ADOPTED and INCORPORATED BY REFERENCE into this Order for
all purposes, including appellate review.

(2)

“Plaintiff’s Motion for Default Final Judgment” (Doc. 30) is hereby
GRANTED. Plaintiff is to be awarded damages as follows: $5,970 in unpaid
overtime wages and $5,970 in liquidated damages (totaling $11,940). In
addition, Plaintiff is to be awarded $520 in costs.

(3)

The Clerk is DIRECTED to enter final default judgment in favor of Plaintiff
Augusto Velasquez Rodriguez, and against Defendant Heartland Painting

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and Remodeling Services, Inc., in accordance with this Order.
(4)

This case remains pending as to Defendant Emilio Murrieta.
DONE and ORDERED in Chambers, in Tampa, Florida, this 26th day of

April, 2021.

TOM BARBER
UNITED STATES DISTRICT JUDGE

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