Candia v. Long Spring Garden, Inc. et al
DECISION AND ORDER: I enter a judgment in favor of the plaintiff in the total amount of $354,588.10, plus an additional pre-judgment interest at the rate of $3.34 per day from August 17, 2017 to the date on which judgment is entered in this action. Ordered by Judge Ann M. Donnelly on 9/18/2017. (Greene, Donna)
UNITED STATES DISTRICT COURT
IN CLERK'S OFFICE
US DISTRICT COURT E.D.N.Y.
EASTERN DISTRICT OF NEW YORK
SEP 18 2017
CARITINO CANDIA, individually and on behalf
of others similarly situated,
DECISION AND ORDER
- against -
MIDDLE KINGDOM INC., d/b/a LONG
SPRING GARDEN and JAMES CHAU,
ANN DONNELLY, Di strict Judge.
The plaintiff, Caritino Candia, individuall y and on behalf of all other persons similarly
situated, commenced this action agai nst the defendants, Middle Kingdom, Inc. (d/b/a Long Spring
Garden) ("Middle Kingdom") and James Chau, pursuant to the Fair Labor Standards Act, 29
U.S.C. §§ 20 1 et seq. (" FLSA"), and the New York Law Laws, Art. 6, §§ 190 and 650 ("NYLL").
The plaintiff alleges that the defendants violated the FLSA and NYLL by fa iling to pay him
minimum wage, overtime, equ ipment costs, and spread-of-wage premiums; by fa iling to comply
with uniform maintenance practices; and by fai ling to provide wage notice and acknowledgment.
Despite proper service of the summons and complaint, the defendants did not answer or defend
against this action. The plaintiff now moves for a default judgment pursuant to Rule 55(b)(2) of
the Federal Rules of Civil procedure and fo r attorney's fees, costs, and interest.
On August 17, 20 17, Magistrate Judge Peggy Kuo issued a Report and Recommendation
that I enter default judgment against the defendants in the amount of $354,588.10. (ECF 49.) On
August 29,2017, Judge Kuo's chambers mailed the judgment to the defendants, and ordered them
to file any objections by September 14, 2017. No party has objected to Judge Kuo's Report and
Recommendation within the time prescribed by 28 U.S.C. § 636(b)(1). For the reasons that follow,
I adopt Judge Kuo's report in its entirety.
In reviewing a Report and Recommendation,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)(1)(C). Where, as here, no party has objected to the magistrate judge's recommendation,"a
district court need only satisfy itself that there is no clear error on the face of the record." Urena
V. New York, 160 F.Supp.2d 606, 609-10 (S.D.N.Y. 2001)(quoting
v. Smith, 618 F.Supp.
1186, 1189(S.D.N.Y. 1985)).
I have reviewed Judge Kuo's thorough and well-reasoned opinion and find no error.
Accordingly, I enter a judgment in favor of the plaintiff in the total amount of $354,588.10, plus
an additional pre-judgment interest at the rate of $3.34 per day from August 17, 2017 to the date
on which judgment is entered in this action. This amount represents $176,767.36 in unpaid
overtime wages, $13,563.20 in unpaid spread-of-hours premiums, $70.00 in equipment costs,
$10,000 in statuary damages for NYLL wage notice and statement violations, $141,165.98 in
liquidated damages for the overtime and spread-of hours violations, $6,626.56 in pre-judgment
interest, $5,770.00 in attorney's fees, and $625.00 in costs. The Clerk of the Court is respectfully
directed to close this case.
Ann M. Donnelly
'Ann M. Donnelly
United States District Judge
Dated: Brooklyn, New York
September 18, 2017
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