Luna et al v. Gon Way Construction Inc. et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiffs' motion for default judgment is granted. Freddy Luna is awarded $97,789.00, plus prejudgment interest in the amount of $13,059.74, plus an additional $10.82 per day from Febru ary 14, 2017, until judgment is entered. Rafael Castro is awarded $54,525.00, plus prejudgment interest in the amount of $6,626.43, plus an additional $5.49 per day from February 14, 2017, until judgment is entered. Fidel Sanchez is aw arded $86,160.00, plus prejudgment interest in the amount of $11,333.73, plus an additional $9.39 per day from February 14, 2017, until judgment is entered. Plaintiffs motion for attorneys fees and costs is denied without prejudice. The Clerk of Court is respectfully requested to enter judgment for the plaintiffs consistent with this order. Ordered by Judge Allyne R. Ross on 3/2/2017. (Matsumura, Rebecca)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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X
:
FREDDY LUNA, RAFAEL CASTRO and FIDEL
:
SANCHEZ,
:
:
Plaintiffs,
:
:
-against:
:
GON WAY CONSTRUCTION, INC., SWEENEY T. LEE :
a/k/a JONATHAN LEE and WENDELL LEE,
:
:
Defendants.
X
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16-CV-1411 (ARR) (VMS)
NOT FOR ELECTRONIC
OR PRINT PUBLICATION
ORDER

ROSS, United States District Judge:
The court has received the Report and Recommendation on the instant case dated
February 14, 2017, from the Honorable Vera M. Scanlon, United States Magistrate Judge. No
objections have been filed. Accordingly, the court has reviewed the Report and
Recommendation for clear error on the face of the record. See Advisory Comm. Notes to Fed.
R. Civ. P. 72(b); accord Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09CV-1930682 (CBA) (LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011). Having
reviewed the record, I find no clear error. I hereby adopt the Report and Recommendation, in its
entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). Therefore, I grant
plaintiffs’ motion for a default judgment and award damages in the following amounts:
•

Freddy Luna is awarded $97,789.00, plus prejudgment interest in the amount of
$13,059.74, plus an additional $10.82 per day from February 14, 2017, until judgment is
entered;

•

Rafael Castro is awarded $54,525.00, plus prejudgment interest in the amount of
$6,626.43, plus an additional $5.49 per day from February 14, 2017, until judgment is
entered; and

•

Fidel Sanchez is awarded $86,160.00, plus prejudgment interest in the amount of
$11,333.73, plus an additional $9.39 per day from February 14, 2017, until judgment is
entered.

Plaintiffs’ motion for attorneys’ fees and costs is denied without prejudice. The Clerk of Court is
respectfully requested to enter judgment for the plaintiffs consistent with this order. Chambers
will mail a copy of this order to each defendant at c/o Gon Way Construction, Inc., 33-21
Farrington Street, Flushing, NY 11354.
SO ORDERED.

____________/s/_________________
Allyne R. Ross
United States District Judge
Dated: March 2, 2017
Brooklyn, New York