Weng v. Fancy Lee Sushi Bar and Grill, Inc.

Filing 46

Electronic ORDER ADOPTING REPORT AND RECOMMENDATIONS. Having received no objections, the Court adopts Magistrate Judge Lindsay's Report and Recommendation 45 in its entirety; and grants the Plaintiff's motion for attorneys' fees 35 . The Clerk of the Court is respectfully directed to enter judgment for the Plaintiff in the amount of $77,054.64, comprised of $26,000 in damages, $43,332.80 in attorneys' fees, and $7,721.84 in costs. The Clerk of the Court is further respectfully directed to close the case. So Ordered by Judge Arthur D. Spatt on 11/18/2017. (Fell, Christopher)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------HUI LAN WENG, Plaintiff, ADOPTION ORDER 15-cv-5737 (ADS)(ARL) -againstFANCY LEE SUSHI BAR AND GRILL, INC., WINNIE LI, individually Defendant(s). ---------------------------------------------------------X APPEARANCES: Phillips & Associates, PLLC Attorneys for the Plaintiff 45 Broadway, Suite 620 New York, NY 10006 By: Jessenia Maldonado, Esq., Steven John Fingerhut, Esq., Of Counsel William D. Wexler, Esq. Attorney for the Defendants 816 Deer Park Avenue North Babylon, NY 11703 By: William D. Wexler, Esq., Of Counsel SPATT, District Judge. On May 15, 2017, following a three-day trial, a jury found that the Defendants Fancy Lee Sushi and Winnie Li (the “Defendants”) discriminated against the Plaintiff Hui Lan Weng (the “Plaintiff”) in violation of Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. § 2000e et seq. (“Title VII”) and New York State Executive Law §290, et. seq. (“NYSHRL”). The jury awarded the Plaintiff $26,000 in back pay damages. The jury did not award any punitive damages to the Plaintiff. 1 On July 21, 2017, the Plaintiff moved for attorneys’ fees pursuant to Federal Rule of Civil Procedure 54(d). On July 25, 2017, the Court referred the Plaintiff’s motion to Magistrate Judge Arlene R. Lindsay. On November 3, 2017, Judge Lindsay issued a Report and Recommendation (the “R&R”), recommending that the Plaintiff’s motion for attorneys’ fees be granted; that she be awarded a total of $51,054.64, comprised of $43,332.80 in attorneys’ fees, and $7,721.84 in costs. The R&R was served on the parties on the same day via ECF. 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 the amount of $77,054.64, comprised of $26,000 in damages, $43,332.80 in attorneys’ fees, and $7,721.84 in costs. The Clerk of the Court is further respectfully directed to close the case. 2 SO ORDERED. Dated: Central Islip, New York November 18, 2017 _/s/ Arthur D. Spatt_ ARTHUR D. SPATT United States District Judge 3

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