Gao et al v. Perfect Team Corporation et al

Filing 301

ORDER ADOPTING REPORT AND RECOMMENDATIONS, With notice given, no party has filed objections to the R&R, and the time in which to do so has, again, expired. In line with the foregoing, Magistrate Judge Pollak's report and recommendation, dated 2/ 9/16, is adopted in its entirety as the opinion of the Court. Pltff is ordered to, within two weeks of the entry of this memorandum and order on the docket, file her request, if any, for attorneys' fees and costs. That matter is respectfully referred to Magistrate Judge Pollak for a report and recommendation as to her findings. (Ordered by Judge Eric N. Vitaliano on 4/09/2016) c/m (Galeano, Sonia)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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LI RONG GAO,

BROO!<L \'N OFFICE

Plaintiff,
MEMORANDUM & ORDER
-against10 Civ. 1637 (ENV) (CLP)
PERFECT TEAM CORPORATION,

doing business as Guang Zhou
Restaurant, JI SHIANG, INC., doing
business as Guang Zhou Restaurant,
FENG LIN, CHUN KIT CHENG, also
known as Jun Jie Zheng, and JIA LI
WANG,
Defendants.

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VITALIANO, D.J.
Li Rong Gao brought this action alleging violations of the Fair Labor Standards Act
("FLSA") and New York Labor Law ("NYLL"). Plaintiff's motion for summary judgment was
granted, with the exception of a disputed issue concerning 1 hour of work per week. (Mem. &
Order, ECF No. 282). At the Court's suggestion, plaintiff requested permission to dismiss that
claim, her request was granted, and the matter was referred to Magistrate Judge Cheryl L. Pollak
for a report and recommendation on the calculation of statutory damages, attorneys' fees, and
costs. (Id. at 34-35; Mem. & Order, ECF No. 296).
Magistrate Judge Pollack filed her report and recommendation, dated February 9, 2016
(the "R&R"), recommending, inter alia, that defendants Perfect Team Corporation, Chun Kit
Cheng, and Jia Li Wang (collectively, the "Perfect Team Defendants") be held liable for a total
of $46,266.01, and that defendants Ji Shiang, Inc. and Feng Lin (collectively, the "Ji Shiang
Defendants") be held liable for a total of$5186.16. (R&R, ECF No. 297). The Perfect Team
Defendants then filed a motion for reconsideration ofthis Court's order dismissing the 1-hour

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claim. (3/7/2016 Order, ECF). That motion was denied. (Id.). In the meantime, defendants'
time in which to object to the R&R expired, and, in an abundance of caution, the Court extended
that deadline sua sponte. (Id.). With notice given, no party has filed objections to the R&R, and
the time in which to do so has, again, expired. For the reasons stated below, the R&R is adopted
in its entirety.
Legal Standard
In reviewing the report and recommendation of a magistrate judge, 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)(l). A district judge is required to "determine de novo any
part of the magistrate judge's disposition that has been properly objected to." Fed. R. Civ. P.
72(b)(3). Where no timely objection has been made, the district court may adopt the report and
recommendation, "provided no clear error is apparent from the face of the record." Dafeng

Hengwei Textile Co. v. Aceco Indus. & Commercial Corp., 54 F. Supp. 3d 279, 283 (E.D.N.Y.
2014).
Discussion
In accordance with the Court's referral to her, Magistrate Judge Pollack took up the issue
of damages and, after affording the parties notice and opportunity to be heard, she concluded that
1) the Perfect Team Defendants should be held liable for a total of $46,266.01, which represents
$16,398.42 in unpaid minimum wages, $2563.28 in unpaid overtime wages, $1887.60 in unpaid
spread of hours wages, $18,961. 70 in liquidated damages under the FLSA, $5212.33 in liquidated
damages under the NYLL, and $1242.68 in prejudgment interest on plaintiff's spread of hours
claim, 2) the Ji Shiang Defendants should be held liable for a total of$5186.16, which represents
$2304.96 in unpaid minimum wages, $2304.96 in liquidated damages under the FLSA, and

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$576.24 in liquidated damages under the NYLL, and 3) that plaintiff should be afforded two weeks
from the adoption of the R&R, should it be adopted, to submit a request for attorneys' fees and
costs. (R&R at 16).
The Court has now reviewed the R&R in accordance with the applicable clear error
standard of review, and finds it to be correct, well-reasoned, and free of any clear error. The
Court, therefore, adopts the R&R as to damages in its entirety as the opinion of the Court.
Conclusion
In line with the foregoing, Magistrate Judge Pollak's report and recommendation, dated
February 9, 2016, is adopted in its entirety as the opinion of the Court.
Plaintiff is ordered to, within two weeks of the entry of this memorandum and order on
the docket, file her request, if any, for attorneys' fees and costs. That matter is respectfully
referred to Magistrate Judge Pollak for a report and recommendation as to her findings.

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So Ordered.
Dated: Brooklyn, New York
April 9, 2016

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ERIC N. VITALIANO
United States District Judge

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