Ahmed v. Subzi Mandi, Inc. et al

Filing 12

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, the Court directs the Clerk of Court to enter final judgment against defendants Subzi Mandi Inc. and Jagir Singh, jointly and severally, and in favor of Alina Ahmed as follows: ( 1) unpaid wages and overtime pay of $6,696.55; (2) liquidated damages of $13,139.35; (3) prejudgment interest in the amount of $32.22, plus $0.06 per day from May 27, 2014 until the entry of final judgment; (4) post-judgment interest; and (5) attorney's fees and costs of $4,920. The Clerk of Court is directed to terminate all pending motions and to close the case. Ordered by Chief Judge Carol Bagley Amon on 8/14/2014. (fwd for judgment) (Fernandez, Erica)

FILED
IN Cl.EMS OFFICE

U.S. DIS'TRJCT COURT E.O.N Y.

UNITED STA TES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ALINA AHMED f/k/a Ruchi Diwan,

*

AUG 18 2014

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BROOKLYN OFFICE

Plaintiff,

NOT FOR PUBLICATION
MEMORANDUM & ORDER
13-cv-3353 (CBA) (RER)

-againstSUBZI MANDI, INC. and JAGIR SINGH,
Defendants.

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AMON, Chief United States District Judge.
On June 12, 2013, plaintiff Alina Aluned commenced this action against defendants
Subzi Mandi, Inc. and Jagir Singh seeking unpaid minimum wages, unpaid overtime, spread of
hours pay, liquidated damages, prejudgment and post-judgment interest, attorney's fees and costs
pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C § 201, et seq., and the New York
Labor Law ("NYLL"). Defendants failed to answer the complaint and on October 11, 2013, the
Clerk of Court noted defendants' default for failure to appear or otherwise defend this action.
Plaintiff subsequently moved, on November 1, 2013, for the entry of default judgment against
defendants. (D.E. # 9.) The Court referred the matter to Magistrate Judge Ramon E. Reyes, Jr.,
who issued a Report & Recommendation ("R&R") on May 27, 2014, recommending that the
Court grant plaintiff a default judgment in the amount of $24,788.12. (D.E. # 10.)
No party has objected to the R&R, and the time for doing so has passed. 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 and
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citation omitted). The Court has reviewed the record and, finding no clear error, hereby adopts
Magistrate Judge Reyes's R&R as the opinion of the Court.
Accordingly, the Court directs the Clerk of Court to enter final judgment against
defendants Subzi Mandi Inc. and Jagir Singh, jointly and severally, and in favor of Alina Ahmed
as follows: (I) unpaid wages and overtime pay of$6,696.55; (2) liquidated damages of
$13,139.35; (3) prejudgment interest in the amount of$32.22, plus $0.06 per day from May 27,
2014 until the entry of final judgment; (4) post-judgment interest; and (5) attorney's fees and
costs of $4,920.
The Clerk of Court is directed to terminate all pending motions and to close the case.
SO ORDERED.
Dated: August 14, 2014
Brooklyn, N.Y.

s/Carol Bagley Amon
CarolBagl~y' .{{Illon 0 )
Chief United States District Judge

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