Guadalupe v. Troubleshooter Towing & Road Service, Inc. et al

Filing 80

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The court adopts the unopposed Report and Recommendation of Magistrate Judge Cheryl L. Pollak, dated July 31, 2013, regarding the damage award made to plaintiffs against the defendants who defaulted, Tri-State Employment, Management & Consulting, Inc., and Mitchell Malewany. (see order for details). Ordered by Judge Nina Gershon on 8/27/2013. (fwd for judgment) (Fernandez, Erica)

FILED
IN CLERK'S OFFICE
U.S. DISTRICT COURT E. D. N.Y.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

AUG 28 2013

BROOKLYN OFFICE

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ENRIQUE GUADALUPE, on behalf of himself and
all other persons similarly situated,
Plaintiffs,

ORDER

-against-

No. 10-cv-3840 (NG) (CLP)

TRI-STATE EMPLOYMENT, MANAGEMENT &
CONSULTING, INC., eta/.,
Defendants.

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GERSHON, United States District Judge:
The court adopts the unopposed Report and Recommendation of Magistrate Judge Cheryl
L. Pollak, dated July 31, 2013, regarding the damage award made to plaintiffs against the

defendants who defaulted, Tri-State Employment, Management & Consulting, Inc., and Mitchell
Malewany. 1 As recommended by Judge Pollak, plaintiffs are awarded the following damages:
(1) $83,143.65 for unpaid overtime wages; (2) $65,866.28 in liquidated damages; and (3)

$32,981.48 in attorneys' fees and costs.

In specific, plaintiffs are awarded the following

amounts: $29,820.27 to Enrique Guadalupe ($16,049.90 in unpaid wages and $13,770.37 in
liquidated damages); $36,029.90 to Gregory Hinton ($21,265. 75 in unpaid wages and
$14,764.15 in liquidated damages); $8,771.96 to John Marino ($4,965.50 in unpaid wages and
$3,806.46 in liquidated damages); $49,123.84 to Jonathan Zuniga ($28,230.52 in unpaid wages

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On October 17, 2012, defendants Anthony Cuccamo and Troubleshooter Towing & Road
Service, Inc., notified the court that they had entered into a settlement with plaintiffs, and all
claims against those defendants were dismissed with prejudice on December 5, 2012.

and $20,893.32 in liquidated damages); $14,237.80 to Wi1mon Chislom ($7,118.90 in unpaid
wages and $7,118.90 in liquidated damages); and $11,026.16 to Joseph McKay ($5,513.08 in
unpaid wages and $5,513.08 in liquidated damages).

SO ORDERED.
"'·-

lA

s/Nina Gershon
NINA GERSHON
United States District Judge

ft,

Dated: August
2013
Brooklyn, New York

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