Euceda v. Preesha Operating Corp. et al

Filing 30

ADOPTION ORDER - On June 30, 2017, Judge Locke issued a report and recommendation (the R&R) recommending that the Plaintiffs motion for attorneys fees and costs be granted; that the Plaintiff be awarded $7,350 in attorneys fees and $350 in costs for a total of $7,700; and that the remainder of the Plaintiffs application be denied without prejudice with leave to renew upon providing the appropriate supporting documentation. It has been more than fourteen days since the service of t he 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 resul t. 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. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 7/18/2017. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------ADAN EUCEDA, individually, and on behalf of
all others similarly situated,
ADOPTION ORDER
14-cv-03143 (ADS)(SIL)

Plaintiff,
-againstPREESHA OPERATING CORP.
doing business as Ranch 1, PREESHA ONE
OPERATING LLC doing business as
Ranch 1, RAKESH CHADHA,
Defendant(s).
---------------------------------------------------------X
APPEARANCES:
Neil H. Greenberg & Associates, P.C.
Attorneys for the Plaintiff
4242 Merrick Rd
Massapequa, NY 11758
By:
Neil H. Greenberg, Esq.
Justin M. Reilly, Esq.,
Keith E. Williams, Esq., Of Counsel
NO APPEARANCES:

Preesha Operating Corp., Preesha One Operating LLC, Rakesh Chadha
The Defendants
SPATT, District Judge.
On May 19, 2014, the Plaintiff Alan Euceda, acting individually, and on behalf of all
others similarly situated (the “Plaintiffs”) commenced this Fair Labor Standards Act, 29 U.S.C. §
216 (the “FLSA”) action against the Defendants Preesha Operating Corp., d/b/a Ranch 1,
Preesha One Operating Llc, d/b/a Ranch 1, and Rakseh Chadha (the “Defendants”), seeking to
recover unpaid overtime and spread of hours wages.

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On June 22, 2015, the Clerk of the Court noted the default of the Defendants. On
December 4, 2015, the Plaintiffs moved for a default judgment against the Defendants. On July
13, 2016, Magistrate Judge Steven I. Locke recommended that default judgment be granted in
favor of the Plaintiffs against the Defendants; that the Plaintiff be paid for his unpaid overtime
and spread of hours wages; that the damages be liquidated; and that the Plaintiff be granted leave
to move for attorneys’ fees. On September 30, 2016, this Court adopted Magistrate Judge
Locke’s report and recommendation in its entirety.
On November 30, 2016, the Plaintiff moved for attorneys’ fees and costs.
On December 1, 2016, the Court referred the Plaintiff’s motion for attorneys’ fees and
costs to Magistrate Locke for a report and recommendation.
On June 30, 2017, Judge Locke issued a report and recommendation (the “R&R”)
recommending that the Plaintiff’s motion for attorneys’ fees and costs be granted; that the
Plaintiff be awarded $7,350 in attorneys’ fees and $350 in costs for a total of $7,700; and that the
remainder of the Plaintiff’s application be denied without prejudice with leave to renew upon
providing the appropriate supporting documentation.
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.
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SO ORDERED.
Dated: Central Islip, New York
July 18, 2017

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

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