Banasiewicz v. Olympia Mechanical Piping & Heating Corp. et al

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS dated 9/21/12 that the Court adopts and affirms Magistrate Mann's report in its entirety. ( Ordered by Judge Sterling Johnson, Jr on 9/21/2012 ) (Guzzi, Roseann)

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FILED

IN CLERK'S 0
Us DISTRICT COU~~~D_N Y

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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STANISLAW BANASIEWICZ

SEP 26 2012

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BROOKLYN OFFICE

Plaintiff,
IO-CV-369 (SJ) (RIlM)

v.
ORDER ADOPTING
REPORT AND
RECOMMENDATION
OLYMPIA MECHANICAL PIPING AND
HEATING CORP., OLYMPIA
PLUMBING AND HEATING CORP.,
SOLOMON WERZBERGER alk/a
SOLOMON WEIZBERGER,
JOHN DOE alk/a MENDY,
Defendants.

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APPEARANCES
ROBERT WISNIEWSKI & ASSOCIATES P.C.
225 BROADWAY
SUITE 1020
NEW YORK, NY 10007
By:
Rohert Wisniewski
Attorney for Plaintiff

JOHNSON, Senior District Judge,

Plaintiff commenced this action on January 28, 2010. Plaintiff worked as a
plumbing mechanic for Defendants from December 2005 through October 2008. (See
Amended Complaint at ~ 14, Dkt. No 17.) Plaintiff alleges that while his work for
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Defendants was covered by the Fair Labor Standards Act of 1938, as amended (29
U.S.c. § 201, et seq.), New York Labor Law and New York common law @, ~ 29)
and he "regularly worked approximately 44 hours each week

fuL. ,

24), he was paid

for fewer hours than he worked with no overtime premium. On October 3, 2011,
Plaintiff served amended summonses with copies of the amended complaint upon
Defendants, which were returned executed. (See Dkt. Nos. 21-22.) After Defendant
failed to answer the amended complaint, Plaintiff moved for entries of default, which
the Court entered as against Defendants on December 13, 2011. (See Dkt. Nos. 2426.)
The Court referred the Motion to Magistrate Judge Roanne L. Mann for a
Report and Recommendation ("Report") on February 28, 2012. Magistrate Mann
issued the Report on August 31, 2012, wherein she recommended granting the motion
for default judgment against Defendants, jointly and severally, in the amount of $12,
412.00, plus prejudgment interest and $14, 033.29 in attorney's fees and costs.
A district court judge may designate a magistrate judge to hear and determine
certain motions pending before the Court and to submit to the Court proposed findings
of fact and a recommendation as to the disposition of the motion. See 28 U.S.C. §
636(b)( I). Within fourteen days of ,ervice oftbe Report, any party may file written
objections to the Report's findings. See id. Upon de novo review of those portions of
the record to which objections are made, the district court judge may affirm or reject
the recommendations. See id. The Court is not required to review, under a de novo or
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any other standard, the factual and legal conclusions of the magistrate as to those
portions of the Report to which no objections are addressed. See Thomas v. Am, 474

u.s. 140, ISO (1985).

In addition, failure to file timely objections may waive the right

to appeal this Court's order. See 28 U.S.c. § 636(b)(1); Small v. Sec'y of Health and
Human Servs., 892 F.2d IS, 16 (2d Cir. 1989).

Objections to the Report were within fourteen days of receipt. To date, no
objections have been filed. Accordingly, the Court adopts and affirms Magistrate
Mann's Report in its entirety.

SO ORDERED.

/s/(SJ)
DATED: September 21, 2012
Brooklyn, New York

"'SkIing Johnson, Jr, U.S.D.J.

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