Chen v. New Fresco Tortillas Taco LLC et al

Filing 24

ORDER for 22 Report and Recommendations. Now before the Court is Judge Peck's Report and Recommendation (the "Report"), dated September 25, 2015, to which no objections were made. Having reviewed the Report for clear error, see Ga leana 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 if there is no clear error on the face of the record." (internal citation omitted)), the Court hereby adopts it in its entirety. (As further set forth in this Order.) The Clerk of Court is respectfully directed to close the case. (Signed by Judge Ronnie Abrams on 3/1/2017) (cf)

USDC-SDNY
DOCUMENT
ELECTRO NI CALLY FILED
DOC#:
DATE FILED: 3/112017

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

ZHEN MING CHEN Individually and on
behalf of all other employees similarly
situated,
Plaintiff,
No. 15-CV-2158 (RA)
-v-

ORDER
NEW FRESCO TORTILLAS TACO LLC
doing business as "The Original Fres'co
Tortillas Taco", "JOHN" (FIRST NAME
UNKNOWN) CHEN and JOHN AND JANE
DOE #1-10,
Defendants.
RONNIE ABRAMS, United States District Judge:
Plaintiff Zhen Ming Chen filed the instant action on March 23, 2015 against his former
employer, New Fresco Tortillas Taco LLC and "John" Chen, alleging that defendants violated the
Fair Labor Standards Act ("FLSA") and New York Labor Law ("NYLL"). Defendants failed to
answer or otherwise respond to the complaint, and the Court granted Plaintiff's request for default
judgment on August 4, 2015 and referred the case to Magistrate Judge Peck for an inquest into
damages. Now before the Court is Judge Peck's Report and Recommendation (the "Report"),
dated September 25, 2015, 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 if there 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)
$12,950.96 in unpaid minimum and overtime wages; (2) $1,526.25 in unpaid spread of hours

wages (3) $1,320 for unlawful deductions for tools of the trade (4) $14,477.21 in liquidated
damages under the FLSA and the NYLL; (5) $4,050 for wage notice and statement violations; (6)
$155.38 in prejudgment interest; and (7) $9,500 in attorneys' fees and costs, for a total award of
$44,139.80. The parties' failure to file written objections, after Judge Peck 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:

March 1, 2017
New York, New York
Ronni
rams
United States District Judge

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