Ceesae v. TT's Car Wash Corp. et al

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Bloom. Settlement approved with the modification that the second appearance of the phrase "but not limited to" is stricken from plaintiff's release of claims in paragraph four of the Settlement Agreement.( Ordered by Judge Allyne R. Ross on 2/6/2018 ) *Forwarded for jgm. (Guzzi, Roseann)

FILED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

^ FEB 7 _ 2018 *
BROOKLYN OFFICE

MATARR CEESAE,

17-CV-291 (ARR)(LB)

Plaintiff,

-against-

NOT FOR ELECTRONIC

OR PRINT PUBLICATION

ORDER

TT'S CAR WASH CORP.;DAYANA TRADING INC.;
and TOM THOMAS,
Defendants.
X

ROSS, United States District Judge:

The Court has received the Honorable Lois Bloom's Report and Recommendation dated

January 3, 2018. R. & R., ECF No. 22. Plaintiff has objected to portions of Judge Bloom's legal
analysis in the Report and Recommendation, but has not objected to her ultimate findings or
recommendation. Objs. to R.& R.("Objs."), ECF No.26. I have reviewed the portions ofthe Report

and Recommendation to which plaintiff did not object for clear error on the face of the record. S^

Advisory Comm.Notes to Fed. R. Civ.P. 72(bti accord Brissett v. Manhattan & Bronx Surface Transit
Operating Auth.. No. 09-cv-874, 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011). Because I
conclude that Judge Bloom did not clearly err in fmding that that the settlement, including the fee
award, is fair and reasonable, I adopt Judge Bloom's findings and recommendation. The settlement
is therefore approved.
BACKGROUND

Plaintiff worked for defendants as an "oil change technician and lube operator" from June

2010 to May 2016, with a ten-month gap in 2012. Compl.

17-18. Until August 2015, he worked

seventy-two hours a week and was paid between eight and nine dollars for each hour he worked.

/s/(ARR)