Bendo et al v. Bautista et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS : The Court adopts the August 30, 2017 R&R of Judge Shields. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for a default judgment against defendants Melody T. Bautista, Christopher Bautista a nd Mamaroneck Physical Therapy, P.C. be granted and that plaintiff be awarded of damages in the total amount of $183,957.50 as against said defendants, jointly and severally, consisting of (1) $63,040.24 in damages to plaintiff Randolph D. Bendo, (2) $58,707.02 in damages to plaintiff Jennilyn L. Munda, (3) $46,480.30 in damages to plaintiff Winnie Q. Go, (4) $15,379.94 damages to plaintiff Christian M. Garcia, and (5) $350 in costs, plus post-judgment interest ther eon pursuant to 28 U.S.C. § 1961; and IT IS FURTHER ORDERED THAT plaintiffs' request for attorneys' fees be denied without prejudice to renewal. The Clerk of Court is directed to enter judgment accordingly and to close this case. Ordered by Judge Denis R. Hurley on 9/20/2017. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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RANDOLPH D. BENDO, JENNILYN L.
MUNDA, WINNIE Q. GO, CHRISTIAN M.
GARCIA

ORDER ADOPTING R&R
12-CV-5367 (DRH)(AYS)

Plaintiffs,
-againstMELODY T. BAUTISTA, CHRISTOPHER
BAUTISTA, MAMARONECK PHYSICAL
THERAPY, P.C.,
Defendants.
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HURLEY, Senior District Judge:
Presently before the Court is the Report and Recommendation, dated August 30, 2017
(“R&R”), of Magistrate Judge Anne Y. Shields recommending that the motion of plaintiffs for a
default judgment against defendants be granted and that plaintiffs be awarded of damages in the
total amount of $183,957.50, consisting of (1) $63,040.24 in damages to plaintiff Randolph D.
Bendo, (2) $58,707.02 in damages to plaintiff Jennilyn L. Munda, (3) $46,480.30 in damages to
plaintiff Winnie Q. Go, (4) $15,379.94 damages to plaintiff Christian M. Garcia, and (5) $350 in
costs, plus post-judgment interest pursuant to 28 U.S.C. § 1961 and further recommending that
plaintiffs’ request for attorneys’ fees be denied without prejudice to renewal. More than fourteen
days have elapsed since service of the R&R and no objections have been filed.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the R&R
for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly,
this Court adopts the August 30, 2017 R&R of Judge Shields as if set forth herein. Accordingly,

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IT IS HEREBY ORDERED that plaintiff’s motion for a default judgment against
defendants Melody T. Bautista, Christopher Bautista and Mamaroneck Physical Therapy, P.C. be
granted and that plaintiffs be awarded of damages in the total amount of $183,957.50 as against
said defendants, jointly and severally, consisting of (1) $63,040.24 in damages to plaintiff
Randolph D. Bendo, (2) $58,707.02 in damages to plaintiff Jennilyn L. Munda, (3) $46,480.30 in
damages to plaintiff Winnie Q. Go, (4) $15,379.94 damages to plaintiff Christian M. Garcia, and
(5) $350 in costs, plus post-judgment interest thereon pursuant to 28 U.S.C. § 1961; and
IT IS FURTHER ORDERED THAT plaintiffs’ request for attorneys’ fees be denied
without prejudice to renewal.
The Clerk of Court is directed to enter judgment accordingly and to close this case.
Dated: Central Islip, N.Y.
September 20, 2017

/s/ Denis R. Hurley
Denis R. Hurley
United States District Judge

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