Gonzalez v. ERBA Inc. et al.

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is respectfully directed to close the case, and enter judgment in favor of the Plaintiff in accordance with the R&R. SO Ordered by Judge Arthur D. Spatt on 9/15/2017. (Tirado, Chelsea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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EDNILSON GONZALEZ,
Plaintiff,

ADOPTION ORDER
15-cv-6037 (ADS) (AYS)

-againstERBA INC., AND BAKKI AKKAYA
Defendant(s).
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APPEARANCES:
Famighetti & Weinick, PLLC
Attorneys for the Plaintiff
155 Pinelawn Road
Suite 220S
Melville, NY 11747
By:
Matthew Brian Weinick, Esq., Of Counsel

FILED 
CLERK 

4:13 pm, Sep 15, 2017

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

Law Office of Bruce P. Vetri
Attorney for the Defendant ERBA Inc.
606c Montauk Highway
Bayport, NY 11705
By:
Bruce P. Vetri, Esq., Of Counsel
NO APPEARANCES:
Bakki Akkaya
The Defendant
SPATT, District Judge:
On October 21, 2015, the Plaintiff Ednilson Gonzalez (the “Plaintiff”) commenced this
case under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and the New York
Labor Law (“NYLL”) against the Defendants ERBA Inc., and Bakki Akkaya (collectively, the
“Defendants”), seeking to recover back wages, together with liquidated damages, attorneys’ fees,
and costs. On February 19, 2016, the Defendant ERBA Inc. answered the initial complaint. On
September 27, 2016, the Plaintiff filed an amended complaint.
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On December 7, 2016, the Clerk of the Court noted the default of the Defendants. On
January 19, 2017, the Plaintiff moved for a default judgment against the Defendants. To date,
the Defendants have not answered the amended complaint. The Defendant Bakki Akkaya has
not appeared in this action.
On January 24, 2017, the Court referred the Plaintiff’s motion for default judgment to
United States Magistrate Judge Anne Y. Shields for a recommendation as to whether the motion
for a default judgment should be granted, and if so, (1) the relief to be granted; (2) whether
damages should be awarded, including reasonable attorney’s fees and costs; and (3) whether any
other relief should be granted.
On August 30, 2017, Judge Shields issued a Report and Recommendation (the “R&R”),
recommending that the Court: grant the Plaintiff’s motion for default judgment; strike the
Defendants’ answers; award the Plaintiff $30,380 in damages, and $12,370 in attorneys’ fees and
costs as against the Defendants jointly and severally.
The Plaintiff filed proof of service on August 31, 2017.
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).

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Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is respectfully
directed to close the case, and enter judgment in favor of the Plaintiff in accordance with the
R&R.

SO ORDERED.
Dated: Central Islip, New York
September 15, 2017

__/s/ Arthur D. Spatt___
ARTHUR D. SPATT
United States District Judge

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