Laboy v. Office Equipment & Supply Corp. et al

Filing 33

ORDER for 29 Report and Recommendations: The Court has reviewed the Report for clear error and found none. It thus adopts the well-reasoned report in its entirety. Accordingly, damages are awarded against Defendants, jointly and severally, in t he amount of $84,185.94, plus $30,121.74 in attorneys' fees and costs, and $1,840.26 in prejudgment interest, plus continuing prejudgment interest of $1.74 per day until judgment is entered. As Judge Peck warned in the Repo rt, Defendants' failure to timely object precludes appellate review of this decision. See e.g., Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010). (As futher set forth in this Order.) (Signed by Judge Ronnie Abrams on 11/2/2016) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

US DC-SD NY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 11/2/2016

JAVIER LABOY,
Plaintiff,
No. 15-CV-3321 (RA)

v.

OFFICE EQUIPMENT & SUPPLY CORP.;
MICHAEL PRINCE and STEVEN
MAGLIO,

ORDER

Defendants.

RONNIE ABRAMS, United States District Judge:
Plaintiff Javier Laboy brought this action on April 29, 2015 against his former employer,
Office Equipment & Supply Corp. and its principals, Michael Prince and Steven Maglio, alleging
that Defendants failed to pay him minimum wage in violation of the Fair Labor Standards Act
("FLSA"), failed to pay him overtime in violation of FLSA and the New York Labor Law
("NYLL"), failed to pay him spread of hours pay as required by NYLL, discriminated against
him in violation of the New York City Human Rights Law ("NYCHRL"), and retaliated against
him in violation ofNYLL and NYCHRL by terminating his employment when he complained of
the alleged discrimination and wage violations. Defendants failed to answer or otherwise
respond to the Complaint, and the Court granted Laboy' s request for a default judgment on
March 10, 2016, and referred the case to Magistrate Judge Maas for an inquest into damages.
The damages inquest was reassigned on September 7, 2016 to Magistrate Judge Peck.
Judge Peck conducted a thorough and careful inquest and issued a Report and
Recommendation (the "Report") on September 29, 2016. On October 4, 2016, Laboy served a
copy of the Report on each Defendant, and on October 11, 2016, Laboy filed proof of service on

ECF. No party filed a timely objection to the Report; therefore, the Court reviews it for clear
error. See Fed. R. Civ. P. 72(b), Advisory Committee's Notes (1983) ("When no timely
objection is filed, the court need only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation."); see also Borcsok v. Early, 299 Fed. App'x. 76,
77 (2d Cir. 2008) (summary order); Belizaire v. RAV Investigative & Sec. Servs. Ltd., 61 F. Supp.
3d 336, 339--40 (S.D.N.Y. 2014).
The Court has reviewed the Report for clear error and found none. It thus adopts the
well-reasoned report in its entirety. Accordingly, damages are awarded against Defendants,
jointly and severally, in the amount of$84,185.94, plus $30,121.74 in attorneys' fees and costs,
and $1,840.26 in prejudgment interest, plus continuing prejudgment interest of$1.74 per day
until judgment is entered.
As Judge Peck warned in the Report, Defendants' failure to timely object precludes
appellate review of this decision. See e.g., Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis,

Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010).

SO ORDERED.
Dated:

November 2, 2016
New York, New York
Ronn e Abrams
United States District Judge

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