Escobar v. Del Monaco Brothers Industries Inc. et al

Filing 43

ADOPTION ORDER - It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for cle ar error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is respectfully directed to enter judgment for the Plaintiff in accordance with this ruling as well as prior rulings, and to close the case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 8/18/2017. (Coleman, Laurie)

FILED 
CLERK 

11:57 am, Aug 18, 2017

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------JUAN ESCOBAR,
Plaintiff,

ADOPTION ORDER
14-cv-3091 (ADS)(SIL)

-againstDEL MONACO BROTHERS INDUSTRIES
INC., LOW-PRO TOWING & TRANSPORT
INC., POMARC INDUSTRIES INC., BLACK
STEEL, INC., MICHAEL DEL MONACO,
AND LAWRENCE DEL MONACO,
Defendant(s).
---------------------------------------------------------X
APPEARANCES:
The Feather Law Firm, PC
Attorneys for the Plaintiff
666 Old Country Rd, Suite 605
Garden City, NY 11530
By:
David S. Feather, Esq., Of Counsel
Darrell J. Conway, P.C.
Attorneys for the Defendants
179 Little East Neck Road
West Babylon, NY 11704
By:
Darrell John Conway, Esq., Of Counsel
SPATT, District Judge.
On May 16, 2014, the Plaintiff Juan Escobar (the “Plaintiff”) commenced this action
against his former employers, the Defendants Del Monaco Brothers Industries Inc., Low-Pro
Towing & Transport Inc., Pomarc Industries Inc., Black Steel, Inc., Michael Del Monaco, and
Lawrence Del Monaco (collectively, the “Defendants”). He asserted claims under the Fair Labor
Standards Act, 29 U.S.C. § 201 et seq. and New York Labor Law § 190 et seq. for failure to pay
overtime and regular wages; and common law claims for breaching oral and implied
employment agreements.
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On August 13, 2016, the Court granted the Plaintiff’s motion for summary judgment
pursuant to Rule 56, and awarded him: (1) compensatory and statutory damages amounting to
$159,314.01; (2) liquidated damages amounting to $173,562.08; and (3) $69,921.18 in prejudgment interest, accruing at a daily rate of $36.82 until judgment is entered.
On September 7, 2016, the Plaintiff filed a motion asking the Court to award him
attorneys’ fees and costs.
On March 8, 2017, the Court referred the Plaintiff’s motion for attorneys’ fees to
Magistrate Judge Steven I. Locke.
On August 3, 2017, Judge Locke issued a report and recommendation (the “R&R”)
recommending that the Plaintiff’s motion for attorneys’ fees be granted, and that he be awarded a
total of $29,045.36, comprised of $27,020.00 in attorneys’ fees and $2,025.36 in costs. Judge
Locke further recommended that the remainder of the Plaintiff’s application, as it relates to costs
for secretarial services and establishing an escrow account, be denied.
It has been more than fourteen days since the service of the R&R, and the parties have
not filed objections.
As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this
Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning
and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1
(E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear
error).
Accordingly, the R&R is adopted in its entirety.
The Clerk of the Court is respectfully directed to enter judgment for the Plaintiff in
accordance with this ruling as well as prior rulings, and to close the case.
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SO ORDERED.
Dated: Central Islip, New York
August 18, 2017

_/s/ Arthur D. Spatt_
ARTHUR D. SPATT
United States District Judge

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