Guardado v. 13 Wall Street, Inc.

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that default judgment be entered in favor of plaintiff against defendant and that plaintiff be awarded $67,071.72 in compensatory damages, $55,495.47 in liquidated damages, a nd $24,379.96 in prejudgment interest for a total award of $146,947.15, plus per diem interest at the daily rate of $16.54 from November 23, 2016 to entry of judgment; and it is FURTHER ORDERED that plaintiff is granted leave to move for attorneys fees, which motion shall be filed in accordance with the time limits set forth in Fed. R. Civ. P. 54(d). Ordered by Judge Denis R. Hurley on 12/29/2016. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOSE GUARDADO,
Plaintiff,

ORDER ADOPTING R & R
Civil Action No. 15-2482(DRH)(SIL)

-against13 WALL STREET, INC d/b/a
ALMARCO ITALIAN GRILL,
Defendant.
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HURLEY, Senior District Judge:
Presently before the Court is the Report and Recommendation, dated December 2, 2016,
2016 of Magistrate Judge Steven I. Locke recommending that plaintiff’s motion for default
judgment be granted and that plaintiffs be granted leave to move for attorneys’ fees and costs. More
than fourteen days have elapsed since service of the Report and Recommendation 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 Report
and Recommendation for clear error, and finding none, now concurs in both its reasoning and its
result. Accordingly, this Court adopts the December 2, 2016 Report and Recommendation of Judge
Locke as if set forth herein. Accordingly,
IT IS HEREBY ORDERED that default judgment be entered in favor of plaintiff against
defendant and that plaintiff be awarded $67,071.72 in compensatory damages, $55,495.47 in
liquidated damages, and $24,379.96 in prejudgment interest for a total award of $146,947.15, plus
per diem interest at the daily rate of $16.54 from November 23, 2016 to entry of judgment; and it is
FURTHER ORDERED that plaintiff is granted leave to move for attorneys’ fees, which

motion shall be filed in accordance with the time limits set forth in Fed. R. Civ. P. 54(d).
Dated: Central Islip, N.Y.
December 29, 2016

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