Nikolaeva v. Home Attendant Services of Hyde Park

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS: On July 19, 2017, Judge Reyes issued an R&R recommending that the Court grant Plaintiff's Motion and that "default judgment be entered against Defendant in the amount of $44,860 - representing $22,000 in unpaid overtime compensation, $17,860in liquidated damages, and $5,000 in statutory damages - plus pre and post-judgment interest". (R&R (Dkt. 15 ) at 1.) The R&R recommended that pre-judgment interest be awarded at a rate of nine percent (9%) per year. (Id. at 6.) The R&R also recommended that the court decline to award Plaintiff costs and fees, as Plaintiff has failed to provide (1) "any information elated to out-of pocket expenses related to this ca se" or (2) a calculation of attorney's fees. (Id. at 7.) No Party has objected to the R&R and the time to do so has passed. See Fed. R. Civ. P. 72(b)(2). Therefore, the court therefore reviews the R&R for clear error. See Porter v. Potter, 219. App'x 112,113 (2d Cir. 2007) (Summary order)("Failure to object to timely to a Magistrate's report operates as a waiver of any further judicial review of the Magistrate's decision". (internal quotation marks and citati on omitted)); Gesualdi v. Mack Excavation & Trailer Serv., Inc. No. 09-CV-2502 (KAM)(JO), 2010 WL 985294, at *1 (E.D.N.Y Mar. 15, 2010) ( "Where no objection to the [R&R] has been filed, the district court need only satisfy itself that thee is n o clear error on the face of the record. " internal quotation marks citation omitted)). Finding no clear error, the Court ADOPTS IN FULL the R&R (Dkt. 15 ). Plaintiff's Motion (Dkt. 12 is granted. The Court AWARDS Plaintiff damages in th e amount of $44,860- representing $22,000 in unpaid overtime compensation, $17,860 in liquidated damages, and $5,000 in statutory damages - plus pre -judgment interest at the rate of the nine percent (9%) per anum and post-judgment interest. The Clerk of Court is respectfully DIRECTED to enter judgment and close this case. Ordered by Judge Nicholas G. Garaufis on 8/11/2017. (Basnight, Jasmine)

0/(
FILED

IN CLEAK1S OFFICE
US DISTRICT COURT E.O.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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TAMARA NIKOLAEV A,

*

AUG l 4 2017

*

BROOKLYN OFFICE
ORDER
Plaintiff,

15-CV-6977 (NGG)

~R)

-againstHOME ATTENDANT SERVICES OF HYDE

PARK,
Defendant.

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NICHOLAS G. GARAUFIS, United States District Judge.
On December 8, 2015, Plaintiff Tamara Nikolaeva commenced this action against her
I

form.er employer, Defendant Home Attendant Services of Hyde Park, pursuant to the Fair Labor,
Standards Act (the "FLSA") and New York Labor Law ("NYLL").

(C01.~pl.

(Dkt. 1).)

Defendant has not appeared in this action and has failed to answer or otherwise respond to the
Complaint. On January 19, 2017, the Clerk of Court entered default against Defendant. (Entry
of Default (Dkt. 11).) On April 13, 2017, Plaintiff moved pursuant to Federal Rule of Civil
Procedure 55 for a default judgment against Defendant (the "Motion"). (Mot. for Default J.
("Mot.") (Dkt. 12).) The court referred the Motion to Magistrate Judge Ramon E. Reyes, Jr. for
a Report and Recommendation ("R&R") pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rule
of Civil Procedure 72(b){l). (Apr. 13, 2017, Order.)
On July 19, 2017, Judge Reyes issued an R&R recommending that the court grant
Plaintiffs Motion and that "default judgment be entered against Defendant in the amount of
"$44,860-representing $22,000 in unpaid overtime compensation[,] [] $17 ,860 in liquidated
damages[,] [and] $5,000 in statutory damages-plus pre and post-judgment interest." (R&R
(Dkt. 15) at 1.) The R&R recommended that pre-judgment interest be awarded at a rate of nine
1

percent (9%) per year. (Id. at 6.) The R&R also recommended that the court decline to award
Plaintiff costs and fees, as Plaintiff has failed to provide (1) "any information related to out-ofpocket expenses related to this case" or (2) a calculation of attorney's fees. (ML. at 7.)
No party has objected to the R&R and the time to do so has passed. See Fed. R. Civ. P.
72(b)(2). Therefore, the court therefore reviews the R&R for clear error. See Porter v. Potter,
219 F. App'x 112, 113 (2d Cir. 2007) (summary order) ("[F]ailure to object timely to a
magistrate's report operates as a waiver of any further judicial review of the magistrate's
decision." (internal quotation marks and citation omitted)); Gesualdi v. Mack Excavation &
Trailer Serv., Inc., No. 09-CV-2502 (KAM) (JO), 2010 WL 985294, at *1 (E.D.N.Y. Mar. 15,
2010) ("Where no objection to the [R&R] has been filed, the district court need only satisfy itseltf
that there is no clear error on the face of the record." (internal quotation marks and citation
omitted)). Finding no clear error, the court ADOPTS IN FULL the R&R (Dkt. 15). Plaintiff's
Motion (Dkt. 12) is GRANTED. The court AWARDS Plaintiff damages in the amount of
$44,860-representing $22,000 in unpaid overtime compensation, $17,860 in liquidated
damages, and $5,000 in statutory damages-plus pre-judgment interest at the rate of nine

percen~

(9%) per annum and postjudgment interest. The Clerk of Court is respectfully DIRECTED to
enter judgment and close this case.

SO ORDERED.
s/Nicholas G. Garaufis
Dated: Brooklyn, New York
AugustJL, 2017

United States District Judge

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