Gomez v. El Rancho De Andres Carne De Tres Inc. et al

Filing 34

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS; The Court has reviewed the record and finding no clear error, hereby adopts Magistrate Judge Go's R&R as the opinion of the Court. Accordingly, the Court directs the Clerk of Court to en ter final judgment against defendants and in favor of Cesar Gomez for his FLSA and NYLL claims in the amount of $27,917.08, consisting of: (1) minimum wages of $4,789.00, (2) spread of hours pay of $529.25, (3) statutory damages of � 36;2,500.00, (4) liquidated damages of $10,107.25, (5) prejudgment interest of $119.08, and (6) attorneys' fees and costs of $9,872.50.The Clerk of Court is directed to terminate all pending motions and to close the case. Ordered by Chief Judge Carol Bagley Amon on 3/31/2014. (fwd for judgment) (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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CESAR GOMEZ, on behalf of himself and
all others similarly situated,
Plaintiff,
- against -

NOT FOR PUBLICATION
MEMORANDUM & ORDER
12-CV-1264 (CBA)(MDG)

EL RANCHO DE ANDRES CARNE DE IRES INC.
d/b/a ANDRES CARNE DE IRES, HAROLD
VARGAS and DIANA VARGAS
Defendants.

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AMON, Chief United States District Judge.
Plaintiff Cesar Gomez brought claims pursuant to the Fair Labor Standards Act
("FLSA"), 29 U.S.C. § 201, et seq., and the New York Labor Law ("NYLL"), against
Defendants El Rancho De Andres Carne De Ires Inc. d/b/a/ Andres Carne De Ires, Diana
Vargas, and Harold Vargas ("defendants") for unpaid compensation, liquidated damages, and
prejudgment interest. Although defendants initially answered, after their counsel withdrew they
consistently failed to defend this action. On May 31, 2013, this Court adopted Magistrate Judge
Marilyn Go's Report and Recommendation ("R&R") recommending that the Court strike
defendants' answers and enter default judgment against them. (DE# 24.) On July 9, 2013,
Gomez moved for default judgment and damages under the FLSA and NYLL, as well as for
reasonable attorney's fees. (DE# 27, 28.) This Court referred Gomez's motion to Magistrate
Judge Go, who, on March II, 2014, issued an R&R recommending default judgment be granted
in the amount of $27,917.08. (DE# 33.)
Neither party has objected to the R&R. When deciding whether to adopt an R&R, a
district court "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)(C). To accept those

portions of the R&R to which no timely objection has been made, "a district court need only
satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund,
L.P, 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal quotation marks omitted). The Court
has reviewed the record and finding no clear error, hereby adopts Magistrate Judge Go's R&R as
the opinion of the Court. Accordingly, the Court directs the Clerk of Court to enter final
judgment against defendants and in favor of Cesar Gomez for his FLSA and NYLL claims in the
amount of$27,917.08, consisting of: (I) minimum wages of$4,789.00, (2) spread of hours pay
of$529.25, (3) statutory damages of$2,500.00, (4) liquidated damages of$10,107.25, (5)
prejudgment interest of$119.08, and (6) attorneys' fees and costs of$9,872.50.
The Clerk of Court is directed to terminate all pending motions and to close the case.
SO ORDERED.
Dated: Brooklyn, New York
March 31, 2014

s/Carol Bagley Amon

Carol Bagley Amon
Chief United States District Judge