Tejada et al v. La Selecta Bakery, Inc. et al

Filing 50

MEMORANDUM & ORDER: The Court adopts the R&R 48 in its entirety pursuant to 28 U.S.C. § 636(b)(1). Therefore, the Court grants Plaintiffs' motion for default judgment 45 and awards damages as set forth in the R&R. The Clerk of Court is respectfully directed to enter judgment and close this case. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 11/25/2020. (Guy, Alicia)

Case 1:17-cv-05882-EK-RER Document 50 Filed 11/25/20 Page 1 of 4 PageID #: 854

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------------x
ANTONIO TEJADA, ANDRES EDGARDO
LARROCA FRANCO, ALICIA SANTOS, EVELYN
JACINTO, ARACELI PEREZ, AND ADAN
TEJADA,

MEMORANDUM & ORDER
17-CV-5882(EK)(RER)

Plaintiffs,
-againstLA SELECTA BAKERY, INC. AND RAFAEL
REYNOSO,
Defendants.
------------------------------------x
ERIC KOMITEE, United States District Judge:
Plaintiffs Antonio Tejada, Andres Edgardo Larroca
Franco, Alicia Santos, Evelyn Jacinto, Araceli Perez, and Adan
Tejada bring this action against defendants La Selecta Bakery,
Inc. and Rafael Reynoso alleging violations of the Fair Labor
Standards Act (FLSA) and the New York Labor Law (NYLL).
Plaintiffs seek damages for unpaid overtime and minimum wages,
unlawful deductions, failure to furnish wage notices and wage
statements, liquidated damages, pre-judgment and post-judgment
interest, attorneys’ fees and costs, and a fifteen percent
penalty for all damages not paid within ninety days.
Defendants failed to appear or otherwise defend
against this action.

At the Plaintiffs’ request, the Clerk of

the Court entered a Certificate of Default on July 31, 2019.
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ECF No. 42.

On February 25, 2020, the Plaintiffs moved for

default judgment, ECF No. 45, and the Court referred that motion
to Magistrate Judge Ramon E. Reyes for a Report and
Recommendation (R&R).

See Minute Entry dated Feb 27, 2020.

On September 23, 2020, Judge Reyes issued an R&R
recommending that the Court grant Plaintiffs’ motion for default
judgment and award damages under the NYLL.

ECF No. 48.

Neither

party has filed an objection to the R&R and the time to do so
has expired.

28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).

Accordingly, the Court reviews the R&R for clear error on the
face of the record.

See Advisory Comm. Notes to Fed. R. Civ. P.

72(b); accord Gesualdi v. Mack Excavation & Trailer Serv., Inc.,
No. 09-CV-2502, 2010 WL 985294, at *1 (E.D.N.Y. Mar. 15, 2010).
Having reviewed the record, the Court finds no clear error.
Accordingly, the Court adopts the R&R in its entirety pursuant
to 28 U.S.C. § 636(b)(1).
Therefore, the Court grants Plaintiffs’ motion for
default judgment and awards damages as set forth in the R&R:


$35,480.92 to Plaintiff Antonio Tejada, plus pre-judgment
interest in the amount of $17,453.70 as of, and
including, the date of this Order, plus an additional

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$8.75 for every additional day through the entry of
judgment; 1


$25,743.08 to Plaintiff Andres Edgardo Larroca Franco,
plus pre-judgment interest in the amount of $14,218.64 as
of, and including, the date of this Order, plus an
additional $6.35 for every additional day through the
entry of judgment;



$41,163.58 to Plaintiff Alicia Santos, plus pre-judgment
interest in the amount of $20,046.10 as of, and
including, the date of this Order, plus an additional
$10.15 for every additional day through the entry of
judgment;



$28,207.42 to Plaintiff Evelyn Jacinto, plus pre-judgment
interest in the amount of $13,840.96 as of, and
including, the date of this Order, plus an additional
$6.96 for every additional day through the entry of
judgment;



$31,939.31 to Plaintiff Araceli Perez, plus pre-judgment
interest in the amount of $19,491.73 as of, and

As set forth in the R&R, prejudgment interest is calculated using the
following formula: (total compensatory damages due to plaintiff) x .09/365 x
(number of days from midpoint date to the date the Clerk of the Court enters
judgment). The R&R identifies the following midpoint dates: June 11, 2015
for Plaintiff Antonio Tejada; October 9, 2014 for Plaintiff Andres Edgardo
Larroca Franco; July 1, 2015 for Plaintiff Alicia Santos; June 16, 2015 for
Plaintiff Evelyn Jacinto; February 16, 2014 for Plaintiff Araceli Perez; and
February 15, 2016 for Plaintiff Adan Tejada.
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including, the date of this Order, plus an additional
$7.88 for every additional day through the entry of
judgment;


$28,725.29 to Plaintiff Adan Tejada; plus pre-judgment
interest in the amount of $12,366.83 as of, and
including, the date of this Order, plus an additional
$7.08 for every additional day through the entry of
judgment;



Post-judgment interest for each Plaintiff at the rate set
forth in 28 U.S.C. § 1961;



Attorneys’ fees in the amount of $30,000;



Costs in the amount of $1,308.71; and



A fifteen percent penalty for all damages not paid within
ninety days, pursuant to N.Y.L.L. § 198(4).
The Clerk of Court is respectfully directed to enter

judgment and close this case.

SO ORDERED.
_/s Eric Komitee____________
ERIC KOMITEE
United States District Judge
Dated:

November 25, 2020
Brooklyn, New York

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