Dominguez et al v. 322 Restaurant Corp. et al

Filing 62

ORDER for 61 Report and Recommendations. The Court has reviewed the Report for clear error. See Galeana v. Lemongrass on Broadway Corp., 120 F. Supp. 3d 306, 310 (S.D.N.Y. 2014). The Court hereby enters judgment against Defendants for the amounts s tated in the thorough, well-reasoned Report, with two exceptions: (1) the amount of spread-of-hour damages owed to Mr. Cruz-Caballero shall be reduced from $5973.95 to $5973.87 to remedy a calculation error in adding the sub-amounts of spre ad-of-hour damages owed for the various discrete time periods and (2) the amount of overtime premium damages owed to Mr. Vasquez shall similarly be reduced from $5412.39 to $5121.97, as the Report mistakenly indicates that the pay period fr om April 1st to April 14th of 2014 consisted of four, rather than two, weeks. These changes have the effect of reducing the overall awards as follows: Mr. Cruz-Caballero is owed $118,449.72 and Mr. Vasquez $17,369.56. The overall damages ow ed to all plaintiffs is thus reduced from $749,902.17 to $749,611.67. The parties' failure to file written objections, after Judge Pitman warned that such failure would result in a waiver of objections for the purposes of appeal, precl udes appellate review. See Caidor v. Onondaga Cty., 517 F.3d 601, 604 (2d Cir. 2008). Plaintiffs have until August 31, 2018 to move for attorney's fees and costs. SO ORDERED. (Motions due by 8/31/2018.) (Signed by Judge Ronnie Abrams on 7/25/2018) (mml)