Garcia et al v. AKR Corporation et al

Filing 61

ORDER ADOPTING REPORT AND RECOMMENDATION: see attached Memorandum and Order. The Clerk of the Court is directed to transmit a copy of this Order to Wyckoff Food Corporation at the following address:Wyckoff Food Corp., d/b/a Palace Fried Chicken285 Wyckoff AvenueBrooklyn, NY 11237. Ordered by Judge Roslynn R. Mauskopf on 2/24/2013. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JEOVANNY GARCIA, et al.,
Plaintiffs,
- against -

ORDER ADOPTING REPORT
AND RECOMMENDATION
11-CV-6184 (RRM) (RLM)

AKR CORPORATION, et al.,
Defendants.
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ROSLYNN R. MAUSKOPF, United States District Judge.
By Motion filed on July 6, 2012, plaintiffs Jeovanny Garcia, Melvin Ivan Chavez, and
Niceforo Martin Bautista moved for default judgment against defendant Wyckoff Food
Corporation.1 (Doc. No. 25.) By Order entered on July 11, 2012, this Court referred that motion
to the assigned Magistrate Judge, the Honorable Roanne L. Mann, for a Report and
Recommendation. On January 10, 2013, Judge Mann issued a Report and Recommendation
(“R&R”) recommending that plaintiffs’ motion for default judgment on liability against Wyckoff
Food Corporation be granted and that the inquest on damages be deferred pending the resolution
of plaintiffs’ claims against the non-defaulting defendants. (Doc. No. 59.) Judge Mann
reminded the parties that, pursuant to Rule 72(b), any objection to the R&R was due on or before
January 28, 2013. No party has filed any objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has
reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See
Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it is hereby
ORDERED that default judgment on liability enter in favor of plaintiffs against Wyckoff Food
Corporation. Upon resolution of plaintiffs’ claims against the non-defaulting defendants, the
1

Plaintiffs also sought default judgment against Ghulem Mohammed, but withdrew their motion after Mohammed
appeared in this action. (See Endorsed Order dated July 25, 2012 (Doc. No. 34).).

Court will determine the damages, if any, to which plaintiffs are entitled from Wyckoff Food
Corporation.
The Clerk of the Court is directed to transmit a copy of this Order to Wyckoff Food
Corporation at the following address:
Wyckoff Food Corp., d/b/a Palace Fried Chicken
285 Wyckoff Avenue
Brooklyn, NY 11237

SO ORDERED.

Dated: Brooklyn, New York
February 24, 2013

Roslynn R. Mauskopf
____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge