Lopez et al v. PMMT Inc. et al

Filing 23

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: There being no errors the Court adopts MJ Scanlon's 22 Report and Recommendation without de novo review and enters a default judgment against defendant Thai Caf, only. Ordered by Judge Frederic Block on 1/3/2017. (Innelli, Michael)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------x JOSE Y. LOPEZ, PLACIDO MANJARREZ, and PEDRO B. LOPEZ, MEMORANDUM AND ORDER Plaintiff, 14-cv-2057 (FB) (VMS) -againstPMMT INC., d/b/a/ Thai Café, and THONGPANICH “DOE”, Defendants. --------------------------------------------------x Appearances: For Plaintiff: LUIGI BRANDIMARTE MATHEW WILLIAM BECKWITH Sacco & Fillas, LLP 31-19 Newtown Ave., 7th Floor Astoria, NY 11102 BLOCK, Senior District Judge: On August 25, 2016, Magistrate Judge Vera M. Scanlon issued a Report and Recommendation (“R&R”) recommending that plaintiff’s Motion for Default Judgment against defendant PMMT Inc., d/b/a Thai Cafe (“Thai Cafe”), be granted in part1 and plaintiffs be awarded $85,788.07 in damages, $6,428.10 in attorneys’ fees and costs, and post-judgment interest. No objections have been filed to date, and Thai Cafe’s opportunity to object has passed. 1 Judge Scalon recommended that plaintiffs’ motion for default judgment for defendants’ failure to pay spread-of-hours wages be denied because plaintiffs’ are not legally entitled to receive such wages. Where there are no objections, the Court may adopt the R&R without de novo review. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985); Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice of the consequences, failure timely to object to a magistrate’s report and recommendation operates as a waiver of further judicial review of the magistrate’s decision.”). The Court must conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). No such error appears here. Accordingly, the Court adopts the R&R without de novo review and enters default judgment against Thai Cafe. SO ORDERED. /S/ Frederic Block________ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York January 3, 2016 2

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