Bhagwat v. Queens Carpet Mall, Inc. et al

Filing 21

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, In line with the foregoing, Magistrate Judge Kuo's Report and Recommendation, dated 3/10/17 (ECF Dkt. #18), is adopted, in its entirety, as the opinion of the Court. The motion for defaul t judgment (ECF Dkt. #15) is, therefore, denied, in its entirety, without prejudice. Pltff is granted leave to file, no later than 4/28/17, an amended complaint that includes purported opt-in pltff Naresh Persaud as a named pltff. If pltff intends fo r the amended complaint that was filed, without prior leave of the Court, on 3/16/17 (ECF Dkt. #19), to serve this purpose, then pltff shall re-file it, no later than 4/28/17. If an amended complaint is filed, then pltff shall promptly serve it upon defts. Pltff is further directed to promptly serve a copy of this Order upon defts. (Ordered by Judge Eric N. Vitaliano on 4/11/2017) c/m (Galeano, Sonia)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------- x KALIKABHAGWAT, Plaintiff. MEMORANDUM & ORDER -against14-cv-5474 (ENV) (PK) QUEENS CARPET MALL, INC. and JAANKIE TULSIE, Defendants. -------------------------------------------------------------- x VITALIANO, DJ. On September 18, 2014, plaintiff Kalika Bhagwat commenced this action, allegin violations of the Fair Labor Standards Act (29 U.S.C. §§ 201 et seq.), New York Labor L w (N.Y. Lab. Law§§ 190 et seq. and§§ 650 et seq.), and 12 N.Y.C.R.R. § 142. ECF Dkt. o. . Defendants have not appeared or otherwise responded to the complaint. On June 9, 2016, plaintiff and purported opt-in plaintiff Naresh Persaud filed a motion for default judgmen (E F Dkt. No. 15), which, on August 23, 2016, was referred to Magistrate Judge Peggy Kuo fo an assessment of liability, an inquest as to damages, and to make a report and recommendati n a her findings (Aug. 23, 2016 Order). Magistrate Judge Kuo's report and recommendation ··ss on March 10, 2017. ECF Dkt. No. 18. With notice given (see id. at 1O; ECF Dkt. No. 20), no party has filed an objectio report and recommendation, and the time to do so has passed. In accordance with the ap lie le clear-error standard of review, see Dafeng Hengwei Textile Co. v. Aceco Indus. & Commrci I Corp., 54 F. Supp. 3d 279, 283 (E.D.N.Y. 2014), the Court has carefully reviewed the renort recommendation, and finds it to be correct, well-reasoned, and free of any clear error. T e Court, therefore, adopts it, in its entirety, as the opinion of the Court. 1 d /s/ USDJ ERIC N. VITALIANO

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