Castillo et al v. CFS Construction Specialists, Inc. et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having reviewed the record, I adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the settlement agreement at ECF [31-1] is approved as fair and reasonable under Cheeks, with the division of funds to be made as described in plaintiffs' counsel's letter at ECF 31 . Further, the motion to dismiss at ECF 23 is found moot in light of the settlement. The Clerk of Court is directed enter judgment accordingly and close the case. Ordered by Judge Allyne R. Ross on 8/5/2019. (Gifford, Alison)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
SAMUEL CASTILLO, LUIS PEREZ JUAREZ, LUIS
ARMANDO GALEAS, MANUEL DE JESUS
CARRASCO, ROBERTO MENDOZA, ROQUE
RODRIGUEZ, ERIN PACHEO, EDGAR MEJIAROSENDO, and VIRGILIO DE JESUS RAMOS
BUSTILLO, individually and on behalf of all others similarly
situated,

16-CV-2283 (ARR)
Opinion & Order
Not for electronic or print
publication

Plaintiffs,
— against —
CFS CONSTRUCTION SPECIALISTS, INC., THOMAS
SINDONE and GEORGE KURZ, as individuals,
Defendants.
ROSS, United States District Judge:
This Court has received the Report and Recommendation on the instant case dated July 19,
2019, from the Honorable Vera M. Scanlon, United States Magistrate Judge. No objections have
been filed. The Court reviews “de novo any part of the magistrate judge’s disposition that has been
properly objected to.” Fed. R. Civ. P. 72(b); see also Brissett v. Manhattan & Bronx Surface Transit
Operating Auth., No. 09-CV-874 (CBA)(LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011).
Where no timely objections have been filed, “the district court need only satisfy itself that there is no
clear error on the face of the record.” Finley v. Trans Union, Experian, Equifax, No. 17-CV-0371
(LDH)(LB), 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24, 2017) (quoting Estate of Ellington ex rel.
Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011)). Having reviewed the
record, I find no clear error. I therefore adopt the Report and Recommendation, in its entirety, as
the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1).

Accordingly, the settlement agreement at ECF [31-1] is approved as fair and reasonable
under Cheeks, with the division of funds to be made as described in plaintiffs’ counsel’s letter at ECF
[31]. Further, the motion to dismiss at ECF [23] is found moot in light of the settlement. The Clerk
of Court is directed enter judgment accordingly and close the case.
SO ORDERED.

_______/s/________________
Allyne R. Ross
United States District Judge
Dated:

August 5, 2019
Brooklyn, New York

2