PAVON et al v. CESPEDES REPAIR, INC. et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 13 Motion for Judgment, filed by DAVID BETANCOURT, YADER PAVON, ALISON CHAVEZ, 15 Report and Recommendations, ; granting in part and denying in part 13 Motion for Judgment; Adopting and A ffirming 15 Report and Recommendations on 13 Motion for Judgment, filed by DAVID BETANCOURT, YADER PAVON, ALISON CHAVEZ, 15 Report and Recommendations. Plaintiffs motion for overtime and liquidated damages is GRANTED. Judgment is en tered in favor of Plaintiff Yader Pavon and against Defendants in the amount of $35,719.04. Judgment is entered in favor of Plaintiff Alison Chavez and against Defendants in the amount of $11,364.64. Judgment is entered in favor of David Betancourt and against Defendants in the amount of $9,421.72. Plaintiffs request for fees and costs is DENIED without prejudice. The Clerk is directed to CLOSE this case. Closing Case. Motions terminated: 13 MOTION for Judgment filed by DAVID BETANCOURT, YADER PAVON, ALISON CHAVEZ, 15 REPORT AND RECOMMENDATIONS re 13 MOTION for Judgment filed by DAVID BETANCOURT, YADER PAVON, ALISON CHAVEZ. Signed by Judge Kathleen M. Williams on 4/1/2021. See attached document for full details. (drz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 20-23365-CIV-WILLIAMS
YADER PAVON, el al.,
Plaintiffs,
v.
CESPEDES REPAIR, INC., et al.,
Defendants.

/
ORDER

THIS MATTER is before the Court on Magistrate Judge Edwin G. Torres’ report
and recommendation (the “Report”) (DE 15) regarding Plaintiffs Yader Pavon, Alison
Chavez, and David Betancourt’s motion for default judgment against Defendants
Cespedes Repair, Inc. and Jose L. Cespedes (DE 13). The Report recommends that
Plaintiff’s motion be granted in part and denied in part. No objections to the report were
filed. Accordingly, upon an independent review of the Report, the record, and applicable
case law, it is ORDERED AND ADJUDGED as follows:
1. The conclusions in the Report (DE 15) are AFFIRMED AND ADOPTED.
2. Plaintiffs’ motion for default judgment (DE 13) is GRANTED IN PART AND
DENIED IN PART.
3. Plaintiffs’ motion for overtime and liquidated damages is GRANTED. Judgment
is entered in favor of Plaintiff Yader Pavon and against Defendants in the
amount of $35,719.04. Judgment is entered in favor of Plaintiff Alison Chavez
and against Defendants in the amount of $11,364.64. Judgment is entered in
favor of David Betancourt and against Defendants in the amount of $9,421.72.

4. Plaintiffs’ request for fees and costs is DENIED without prejudice.
5. The Clerk is directed to CLOSE this case.
DONE AND ORDERED in Chambers in Miami, Florida, this 1st day of April, 2021.

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