Perez v. Pino Grocery Corp. et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION: Pursuant to 28 U.S.C. § 636(b) and Rule 72, the Court has reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Perez's motion for default judgment is granted, and it is hereby ordered that judgment be entered against the defendants in the amount of $21,447.36. The Clerk of Court is respectfully directed to enter judgment pursuant to this Order and close the case. Perez is directed to mail a copy of this Order and the accompanying judgment to the defendants and file a declaration of service on the docket within one week of the date of this Order. Ordered by Judge Roslynn R. Mauskopf on 8/24/2018. (Taronji, Robert)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

-----------------------------------------------------------------X
MIGUELINA PEREZ,
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION
17-CV-2965 (RRM) (RLM)

- against PINO GROCERY CORP. and FEDERICO DE
LA ROSA, a/k/a Federico Delarosa,

Defendants.

------------------------------------------------------------------X
ROSL YNN R. MAUSKOPF, United States District Judge.
Plaintiff Miguelina Perez ("Perez") brought this wage-and-hour action on May 16, 2017,
seeking unpaid overtime wages from her former employers. (Compl. (Doc. No. 1).) After
defendants failed to appear, Perez requested certificates of default, which were entered on July 6,
2017. (Entry of Default (Doc. No. 11).) Perez filed an amended complaint on July 19, 2017.
(Am. Compl. (Doc. 13).) Perez moved for default judgment on January 10, 2018, and this Court
referred the motion to Magistrate Judge Mann on January 16, 2018. (Mot. (Doc. No. 20).)
Because the amended complaint was never properly served pursuant to Federal Rule of Civil
Procedure ("Rule") 4, Perez ' s motion for default judgment is based on her original complaint.
(Resp. to Order to Show Cause (Doc. No. 23).)
Judge Mann issued a Report and Recommendation ("R&R"), recommending that default
judgment be granted and plaintiff be awarded $21 ,447.36. (R&R (Doc. No . 25).) Judge Mann
reminded the parties that, pursuant to Federal Rule of Civil Procedure ("Rule") 72(b), any
objection to the R&R must be filed no later than May 3, 2018. (R&R at 23.) 1 No party has filed
any objection, and the time to do so has since expired.

1

For ease of reference, citations to Cou11 documents utilize the Electronic Case Filing System (" ECF") pagination.

Pursuant to 28 U.S .C. § 636(b) and Rule 72, the Court has reviewed the R&R for clear
error and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton, 481 F.
Supp. 2d 224, 226 (E.D.N.Y. 2007).

CONCLUSION
Accordingly, Perez' s motion for default judgment is granted, and it is hereby ordered that
judgment be entered against the defendants in the amount of $21 ,447.36. The Clerk of Court is
respectfully directed to enter judgment pursuant to this Order and close the case. Perez is
directed to mail a copy of this Order and the accompanying judgment to the defendants and file a
declaration of service on the docket within one week of the date of this Order.

SO ORDERED.

Dated: Brooklyn, New York
, 2018

h

s/Roslynn R. Mauskopf

· -1/
J

ROSL YNN R. MAUSKOPF
United States District Judge

2