Juarez v. Precision Apparel, Inc. et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Clerk of Court is directed to enter judgment accordingly. Plaintiff is directed to serve a copy of this order upon defendants and to file proof of service with the court. Ordered by Judge Allyne R. Ross on 9/12/2013. Forwarded for judgment. (Siegfried, Evan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X
12-CV-2349 (ARR)(VMS)

Joselito Juarez both individually and on behalfof ali other
similarly situated persons,

NOT FOR
PRINT OR ELECTRONIC
PUBLICATION

Plaintiff,
-againstPrecision Apparel, Inc., Precision Warehousing, Inc., Zhi
Xiong Qiu, Jonny Chen and Susana Chen,

ORDER

Defendants.
X
ROSS, United States District Judge:
The court has received the Report and Recommendation on the instant case dated August
21,2013, from the Honorable Vera M. Scanlon, United States Magistrate Judge. No objections
have been filed. Accordingly, the cciurt has:revielwed the Report and Recommendation for clear
error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord
Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-1930682 (CBA)
(LB), 2011 WL 1930682, at *I (E.D.N.Y. May 19, 2011). Having reviewed the record, I find no
clear error. I hereby adopt the Report and Recommendation, in its entirety, as the opinion of the
'

Court pursuant to 28 U.S.C. § 636(b)(l).
Therefore, the court grants plaintiff's motion for a default judgment against defendants
Precision Apparel, Inc., Precision Warehousing, Inc. and Jonny Chen and awards plaintiff a
judgment against them for I) $2,938.97 in unpaid minimum-wage-and-overtime pay; 2)
$2,938.97 in liquidated damages for his unpaid minimum-wage-and-overtime pay; 3) $7.25 in
'

..'

' .I ~ I I

i :1

J_<(" ,

I

1

unpaid spread-of-hours pay; 4) $3,675.00 in attorneys' fees; 5) $350.00 in costs; and 6) postjudgment interest. The court denies plaintiff's motion for a default judgment against defendants
Susana Chen and Zhi Xiong Qiu. The Clerk of Court is directed to enter judgment accordingly.
Plaintiff is directed to serve a copy of this order upon defendants and to file proof of service with
the court.
SO ORDERED.
•''

;,,

s/ ARR
Allyne R. i'Jss
~
United States District Judge

Dated: September 12, 2013
Brooklyn, New York

2