Lopez v. Angelitos Auto Repair Inc. et al

Filing 85

ORDER ADOPTING 83 REPORT AND RECOMMENDATIONS and granting 10 Motion for Default Judgment filed by Miguel A. Lopez. Ordered by Judge Allyne R. Ross on 9/3/2021. (Willingham, Alexandra)

Case 1:17-cv-01668-ARR-CLP Document 85 Filed 09/03/21 Page 1 of 2 PageID #: 409

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MIGUEL LOPEZ, individually and on behalf of others
similarly situated,
Plaintiff
— against —

2017-cv-1668 (ARR)
Opinion & Order
Not for electronic or print
publication

ANGELITO GUZMAN, ANGELITO AUTO REPAIR,
Defendant.
ROSS, United States District Judge:
This Court has received the Report and Recommendation on the instant case dated August
11, 2021, from the Honorable Cheryl L. Pollak, United States Chief 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), aff’d,
472 F. App’x 73 (2d Cir. 2012) (summary order). 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).
Therefore, the default should be re-entered and plaintiff’s motion for default judgment is
granted in the amount of $99,475, which includes backpay of $44,737.50, liquidated damages of
$44,737.50, and statutory damages of $10,000. Plaintiff’s counsel may file a supplemental request for

Case 1:17-cv-01668-ARR-CLP Document 85 Filed 09/03/21 Page 2 of 2 PageID #: 410

attorney’s fees—as recommended in the Report and Recommendation—within thirty (30) days of this
order. The Clerk of Court is directed to enter judgment accordingly.
SO ORDERED.

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

September 3, 2021
Brooklyn, New York

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