Cazares v. Atlantic Farm & Food Inc. et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the thorough and careful R&R and the record and, finding no clear error, adopts Magistrate Judge Levy's recommendation as the opinion of the Court. Accordingly, as described a bove, Plaintiff's motion for default judgment is granted, and Plaintiff is awarded $41,666.35 (consisting of damages, attorney's fees, and costs), plus prejudgment interest calculated at a rate of nine percent per annum from February 4, 2014, to today, and postjudgment interest. The Clerk of Court is directed to enter judgment accordingly and to close the case. Ordered by Judge Carol Bagley Amon on 8/24/2017. (fwd for judgment) (Fernandez, Erica)

..^ IN CIERIC8 OFRCE

U.S. DfS"mjCT

UNITED STATES DISTRICT COURT

e d n Y.

,

EASTERN DISTRICT OF NEW YORK

" AU6 2 5 20}? ^

ARMANDO CAZAREZ,

BROOKLYN OFFICE

Plaintiff,

-against-

NOT FOR PUBLICATION
ORDER

ATLANTIC FARM & FOOD INC. doing

15-CV-2666(CBA)
(RML)

Business as ATLANTIC FARM & FOOD

MARKET,GURCHARN SINGH,and
TARLOCHAN SINGH,
Defendants.
X

AMON,United States District Judge:

The Court has received the Report and Recommendation("R&R")of the Honorable Robert

M. Levy, United States Magistrate Judge, recommending that Plaintiffs motion for default
judgment be granted and that Plaintiff be awarded $29,813.76, consisting of $10,642.08 in unpaid
compensation, $514.80 in spread of hours premiums,$11,156.88 in liquidated damages under state

law,$2,500.00 in statutory penalties for wage notice violations, and $5,000.00 in statutory penalties
for wage statement violations. Magistrate Judge Levy further recommended that Plaintiff be

awarded prejudgment interest on his compensatory damages of $11,156.88, calculated at a rate of
nine percent per annum from February 4, 2014 to today, as well as postjudgment interest. Finally,

Magistrate Judge Levy recommended that Plaintiff be awarded $11,205.00 in attorney's fees and
$647.59 in costs. (See D.E.# 39.)

No party has objected to the R&R, and the time for doing so has passed. When deciding
whether to adopt a R&R, 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). To accept

those portions of the R&R "to which no timely objection has been made, a district court need only

1

satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund.

L.P.. 823 F. Supp. 2d 161, 163(E.D.N.Y. 2011)(quoting Wilds v. United Parcel Serv.. 262 F. Supp.
2d 163, 169(S.D.N.Y.2003)).

The Court has reviewed the thorough and careful R&R and the record and, finding no clear
error, adopts Magistrate Judge Levy's recommendation as the opinion of the Court. Accordingly,

as described above, Plaintiffs motion for default judgment is granted, and Plaintiff is awarded
$41,666.35 (consisting of damages, attorney's fees, and costs), plus prejudgment interest calculated

at a rate of nine percent per annum from February 4, 2014, to today, and postjudgment interest. The
Clerk of Court is directed to enter judgment accordingly and to close the case.

SO ORDERED.

Dated: August
,2017
Brooklyn, New York

s/Carol Bagley Amon
Carol Bagley(Am(
United States District Judge