Rosales et al v. Low Bid, Inc. et al

Filing 17

ADOPTION ORDER: The R&R is adopted in its entirety. The Plaintiffs motion for default judgment is granted in part, and denied in part, as explained in the R&R. The Plaintiffs are awarded damages in the amounts explained in the R&R; and the Plaintiffs are granted leave to move for attorneys fees and costs. SEE ATTACHED ORDER for details. SO ORDERED by Judge Arthur D. Spatt on 7/18/2018. (Coleman, Laurie)

FILED 
CLERK 

11:10 am, Jul 18, 2018

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ADONIS ARRIAZA ROSALES, YONY
GUERRA, WILMER VARGAS, VICENTE
ESQUIVEL, GABRIEL MEJIA ROMERO,
EDVIN MATA,

ADOPTION ORDER
2:17-cv-03183 (ADS) (SIL)

Plaintiff(s),
-againstLOW BID, INC., GEORGE MCNULTY,
Defendant(s).
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APPEARANCES:
Neil H Greenberg & Associates, P.C
Attorneys for the Plaintiffs
4242 Merrick Road
Massapequa, NY 11758
By:
Neil H. Greenberg, Esq.,
Keith E. Williams, Esq., Of Counsel
NO APPEARANCES:
Low Bid, Inc., George McNulty
The Defendants
SPATT, District Judge:
The Plaintiffs Adonis Arriaza Rosales (“Rosales”), Yony Guerra (“Guerra”), Wilmer
Vargas (“Vargas”), Vicente Esquivel (“Esquivel”), Gabriel Mejia Romero (“Romero”), and
Edvin Mata (“Mata”) (collectively, the “Plaintiffs”) brought this action against the Defendants
Low Bid, Inc., and George McNulty (collectively, the “Defendants”) alleging violations of the
Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., the New York Labor Law
(“NYLL”), N.Y. LAB. LAW § 650 et seq., and the New Jersey Wage and Hour Law (“NJWHL”),
N.J.S.A. 34:11-56a4.
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On December 13, 2017, the Clerk of the Court noted the default of the Defendants.
On February 1, 2018, the Plaintiffs moved for a default judgment against the Defendants,
and the Court referred the motion to United States Magistrate Judge Steven I. Locke the
following day, February 2, 2018.
On July 3, 2018, Judge Locke issued a Report and Recommendation (the “R&R”)
recommending that the motion be granted as to Plaintiffs’ FLSA and NYLL overtime claims, as
well as to Plaintiffs Rosales’, Romero’s and Mata’s NYLL wage statement cause of action.
However, the R&R recommended that Plaintiffs be denied recovery for any work performed
outside the State of New York from June 2013 until September 2013. As to damages and
attorneys’ fees, the R&R recommended that:
Plaintiffs be awarded a total of $598,934.50, which is broken down as follows: (1)
Plaintiffs Rosales, Romero, Mata, Guerra, Esquival and Vargas be awarded
compensatory damages in the amounts of $67,400.00, $67,400.00, $79,225.00,
$13,625.00, $22,750.00 and $4,225.00, respectively, for total amount of
$254,625.00; (2) Plaintiffs Rosales, Romero, Mata, Guerra, Esquival and Vargas
be awarded liquidated damages in the amounts of $67,400.00, $67,400.00,
$79,225.00, $13,625.00, $22,750.00 and $4,225.00, respectively, for a total
liquidated damages award of $254,625.00; (3) Plaintiffs Rosales, Romero and
Mata be awarded $5,000.00 each, for a total of $15,000.00 for Defendants' failure
to provide wage statements under NYLL § 195(3); and (iv) Plaintiffs Rosales and
Romero be both awarded $23,402.50 in prejudgment interest, with interest
accruing at a daily rate of $12.65 until judgment is entered and Plaintiff Mata be
granted $27,879.50 with interest similarly accruing at a rate of $15.07 per day
until judgment is entered. Finally, the Court recommends that Plaintiffs be
granted leave to move for attorneys’ fees and costs.
(R&R (ECF No. 15) at 25–26).
The Plaintiffs filed proof of service of the R&R on July 3, 2018.
It has been more than fourteen days since the service of the R&R, and the parties have
not filed objections.

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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 Plaintiffs’ motion for default
judgment is granted in part, and denied in part, as explained in the R&R. The Plaintiffs are
awarded damages in the amounts explained in the R&R; and the Plaintiffs are granted leave to
move for attorneys’ fees and costs.

SO ORDERED.
Dated: Central Islip, New York
July 18, 2018

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

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