Rodriguez v. Globe Institute of Technology, Inc.

Filing 29

ORDER re: 27 Report and Recommendations. Having reviewed the Report for clear error, see Galeana v. Lemongrass on Broadway Corp., 120 F. Supp. 3d 306, 310 (S.D.N.Y. 2014) ("When the parties make no objections to the Report, the Court may ad opt the Report ifthere is no clear error on the face of the record." (internal citation omitted)), the Court hereby adopts it in its entirety. Accordingly, plaintiff is awarded (1) $25,397.54 in unpaid overtime wages; (2) $25,397.54 in liquidated damages under the FLSA; (3) $25,397.54 in liquidated damages under the NYLL; (4) $9,500 in attorneys' fees; and (5) $542 in costs, for a total award of $86,234.62. The parties' failure to file written ob jections, after Judge Netburn warned that such failure would result in a waiver of objections for the purposes of appeal, precludes appellate review. See Caidor v. Onondaga Cty., 517 F.3d 601 (2d Cir. 2008). The Clerk of Court is respectfully directed to close the case. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 10/4/2016) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 10/4/2016

WILFRED C. RODRIGUEZ,
Plaintiff,
No. 15-CV-1435 (RA)
v.
ORDER
GLOBE INSTITUTE OF TECHNOLOGY,
INC.,
Defendant.

RONNIE ABRAMS, United States District Judge:
Plaintiff Wilfred C. Rodriguez filed the instant action on February 26, 2015 against his
former employer, the Globe Institute of Technology ("GIT"), alleging that GIT failed to pay him
overtime in violation of the Fair Labor Standards Act ("FLSA") and New York Labor Law
("NYLL"). GIT failed to answer or otherwise respond to the complaint, and the Court granted
Rodriguez's request for default judgment on December 29, 2015. On December 22, 2015, the
Court referred the case to Magistrate Judge Netburn for an inquest into damages. Now before the
Court is Judge Netburn's Report and Recommendation (the "Report"), dated August 10, 2016, to
which no objections were made.
Having reviewed the Report for clear error, see Galeana v. Lemongrass on Broadway
Corp., 120 F. Supp. 3d 306, 310 (S.D.N.Y. 2014) ("When the parties make no objections to the
Report, the Court may adopt the Report ifthere is no clear error on the face of the record." (internal
citation omitted)), the Court hereby adopts it in its entirety. Accordingly, plaintiff is awarded (1)
$25,397.54 in unpaid overtime wages; (2) $25,397.54 in liquidated damages under the FLSA; (3)
$25,397.54 in liquidated damages under the NYLL; (4) $9,500 in attorneys' fees; and (5) $542 in

costs, for a total award of $86,234.62. The parties' failure to file written objections, after Judge
Netbum warned that such failure would result in a waiver of objections for the purposes of appeal,
precludes appellate review. See Caidor v. Onondaga Cty., 517 F.3d 601 (2d Cir. 2008).
The Clerk of Court is respectfully directed to close the case.
SO ORDERED.
Dated:

October 4, 2016
New York, New York
Rol)il1i1\brams
United States District Judge

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