Cepeda v. Hillside Tire Shop, Inc. et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION. For the reasons stated herein, Judge Levy's Report and Recommendation dated June 30, 2016, is adopted in its entirety. The Clerk of Court is directed to enter a default judgment in favor of plaintiff and against the defendants, jointly and severally, in the amount of $29,671.20. Upon entry of judgment, the Clerk of Court shall close this case. Ordered by Judge Sandra L. Townes on 9/21/2016. C/M (Barrett, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------------x
EDWIN L. ZEPEDA,

HUW

9 CLERK
US. DISTRICT CO! IRT EDN.'

* SEP262016 *
BROOKLYN OFFICE

Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

-against15-CV-0530 (SLT)(RML)
HILLSIDE TIRE SHOP, INC, and GENNADIY
BARAYEV, Individually

Defendants.
-----------------------------------------x
TOWNES, United States District Judge:

In February of 2015, Plaintiff Edwin L. Zepeda commenced this action pursuant to the
Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201 et seq., and New York Labor Law
("NYLL"), N.Y. Lab. Law §§ 195, 650-65, alleging that he did not receive minimum wage or
overtime pay for his work as a tire repair person at "Hillside Tire Shop," a business owned and
operated hidfendant Gennadiy Barayev, Inc. Plaintiff filed proof that both defendants were
served with a summons and complaint in March of the same year. (ECF Nos. 7-12). Neither
defendant answered or otherwise responded to the pleading. Accordingly, two months later
Plaintiff requested that the Clerk of Court enter a default against defendants. (ECF No. 13).
After the Clerk entered the default, plaintiff moved for entry of default judgment pursuant
to Fed. R. Civ. P. 55(b)(2) for damages, costs, and fees. (ECF No. 16). The Court subsequently
referred the motion to Magistrate Judge Robert Levy for a report and recommendation ("R&R").
(ECF No. 17).
On June 30, 2016, Judge Levy issued his R&R, recommending that a default judgment be

entered against defendants in the total amount of $29,671.20. (R&R at 12). That amount
consisted of $586.08 in unpaid minimum wages; $12,702.72 in undpaid overtime; $13,288.80 in
liquidated damages; $2,550 in attorney's fees; and $543.60 in costs. (Id.) The R&R specifically
advised defendants that they had fourteen days from issuance of the R&R to file written
objections, and that "[f]ailure to file objections within the time specified waives the right to
appeal the district court's order." Id. (citing authorities).
On June 30, 2016, Judge Levy's chambers also mailed a copy of the R&R to each
defendants' last known address. (ECF entry dated 6/30/2016). More than a eighteen days have
passed since the R&R issued, but this Court has yet to receive objections from any party.
A district court is not required to review the factual or legal conclusions of a magistrate
judge as to those portions of a report and recommendation to which no objections are addressed.

See Thomas v. Am, 474 U.S. 140, 150 (1985). Nonetheless, when no objections are filed, many
courts seek to satisfy themselves "that there is no clear error on the face of the record." Fed. R.
Civ. P. 72(b) advisory committee note (1983 Addition); see also Edwards v. Town of

Huntington, No. 05 Civ. 339 (NGG) (AKT), 2007 WL 2027913, at *2 (E.D.N.Y. July 11, 2007).
Accordingly, this Court has reviewed the R&R for clear error on the face of the record. The
Court finds no clear error, and therefore adopts the R&R in its entirety as the opinion of the
Court pursuant to 28 U.S.C. § 636(b)(1).

CONCLUSION
For the reasons stated above, Judge Levy's Report and Recommendation dated June 30,
2016, is adopted in its entirety. The Clerk of Court is directed to enter a default judgment in
2

favor of plaintiff and against the defendants, jointly and severally, in the amount of $29,671.20.
Upon entry of judgment, the Clerk of Court shall close this case.
SO ORDERED.

/s/ Sandra

L. Townes

United States District Judge

W

2016
BIk
r klyn.,New York