Weng v. Fancy Lee Sushi Bar and Grill, Inc.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------HUI LAN WENG,
-againstFANCY LEE SUSHI BAR AND GRILL,
INC., WINNIE LI, individually
Phillips & Associates, PLLC
Attorneys for the Plaintiff
45 Broadway, Suite 620
New York, NY 10006
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
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.
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.
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
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.
Dated: Central Islip, New York
November 18, 2017
_/s/ Arthur D. Spatt_
ARTHUR D. SPATT
United States District Judge
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