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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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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.
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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.
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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

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