De Jesus et al v. Carnegie Valet Cleaning Corp. et al

Filing 51

OPINION AND ORDER adopting 49 Report and Recommendation. For the foregoing reasons, the Court adopts the Report in full. The Court awards Defendants(1) Compensatory damages in the amount of $4,060.68, representing $2,642.64 in unpa id straight time wages and $1,418.04 in unpaid overtime wages; (2) Liquidated damages in the amount of $4,060.68; (3) Pre-judgment interest on De Jesus's compensatory damages ($4,060.68) to be calculated by the Clerk of Conrt, fr om October 8, 2020 through the date of entry of judgment; (4) Post-judgment interest pursuant to 28 U.S.C. § 1961; (5) Attorney's fees in the amount of$1,960; and (6) Costs in the amount of $542. The Court respectfully directs the Clerk of Court to terminate all pending motions and to close this case. (Signed by Judge Paul A. Engelmayer on 11/26/2024) (tro) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

JORGE DE JESUS,
Plaintiff,
23 Civ. 4783 (PAE) (SLC)

-v-

OPINION & ORDER

GOTHAM CLEANERS, INC., et al.,
Defendants.

PAUL A. ENGELMA YER, District Judge:
On June 7, 2023, plaintiff Jorge De Jesus filed this action against defendants Gotham
Cleaners Inc. and Cory Perlson (collectively, "Gotham" or "defendants"), bringing claims under
the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., and New York Labor Law
("NYLL") § 650 et seq. Dkt. 1. 1 After Gotham failed to appear, respond to the Complaint, or
take any other action in this case, on October 31, 2023, this Court entered default judgment in
favor of De Jesus, Dkt. 40, and referred the matter to United States Magistrate Judge Sarah L.
Cave for an inquest into damages, Dkt. 41.
Before the Comi is the Report and Recommendation issued by Judge Cave on August 1,
2024, which recommends that the Comi hold defendants jointly and severally liable to De Jesus
for (1) $8,121.36 in damages, plus post-judgment interest and pre-judgment interest; (2) $1,960

1 The Complaint also named as defendants Carnegie Valet Cleaning Corporation and Carnegie

Linen Services, Inc. (d/b/a Carnegie Linen Services). De Jesus voluntarily dismissed his claims
against them pursuant to Federal Rule of Civil Procedure 4 l(a)(l )(A)(i). Dkt. 38.

in attorney's fees; and (3) $542 in costs. Dkt. 49 (the "Report"). For the following reasons, the
Court adopts the Report in full.
I.

Background
On October 31, 2023, Judge Cave issued an order: (1) directing De Jesus to file proposed

findings of fact and conclusions oflaw as to damages and fees by November 30, 2023, supported
with relevant evidentiary material; (2) setting a deadline for Gotham to respond to De Jesus's
proposed findings; and (3) admonishing Gotham that, in the event it failed to timely respond,
Judge Cave would issue a damages recommendation based on De Jesus's submissions. Dkt. 42.
On November 30, 2023, De Jesus filed proposed findings of fact and conclusions oflaw,
Dkt. 44, and a supporting affidavit, invoice for legal services, and documentation of costs, Dkt.
45. Gotham did not respond to De Jesus's submissions or otherwise appear.
On August 1, 2024, Judge Cave issued the Report. Dkt. 49. The Report stated that the
patiies shall have 14 days from service of the Report to file written objections pursuant to 28
U.S.C. § 636(b)(l) and Rule 72(b) of the Federal Rules of Civil Procedure. Dkt. 49 at 34. To
date, neither patiy has filed objections to the Report.

II.

Discussion
In reviewing a Report and Reconnnendation, a district comi "may accept, reject, or

modify, in whole or in pati, the findings or recommendations made by the magistrate judge."
28 U.S.C. § 636(b) (l)(C). "To accept those portions of the report to which no timely objection
has been made, a district court need only satisfy itself that there is no clear error on the face of
the record." Ruiz v. Citibank, NA., No. 10 Civ. 5950, 2014 WL 4635575, at *2 (S.D.N.Y. Aug.
19, 2014) (quotingKingv. Greiner, No. 2 Civ. 5810, 2009 WL 2001439, at *4 (S.D.N.Y. July 8,
2009), ajf'd, 453 F. App'x 88 (2d Cir.2011) (summary order)) (internal quotation marks

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omitted); see also, e.g., Mims v. Walsh, No. 4 Civ. 6133, 2012 WL 6699070, at *2 (S.D.N.Y.
Dec. 23, 2012) (citing Edwards v. Fischer, 414 F.Supp.2d 342, 346-47 (S.D.N.Y.2006)).
Because neither party has submitted objections to the Report, review for clear e1Tor is
appropriate. Careful review of Judge Cave's thorough and well-reasoned Report reveals no
facial e1Tor in its conclusions; the Repmi is therefore adopted in its entirety. Because the Report
explicitly states that "[f]ailure to object within fourteen (14) days will result in a waiver of
objections and will preclude appellate review," both parties' failure to object operates as a
waiver of appellate review. See Monroe v. Hyundai ofManhattan & Westchester, 372 F. App'x
147, 147-48 (2d Cir. 2010) (summary order) (citing Caidor v. Onondaga Cnty., 517 F.3d 601,
604 (2d Cir. 2008); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir.1992)).

III.

Conclusion
For the foregoing reasons, the Court adopts the Repmi in full. The Court awards De

Jesus:
(1) Compensatory damages in the amount of $4,060.68, representing $2,642.64 in unpaid
straight time wages and $1,418.04 in unpaid ove1iime wages;
(2) Liquidated damages in the amount of $4,060.68;
(3) Pre-judgment interest on De Jesus's compensatory damages ($4,060.68) to be
calculated by the Clerk of Court, from October 8, 2020 through the date of entry of
judgment;
(4) Post-judgment interest pursuant to 28 U.S.C. § 1961;
(5) Attorney's fees in the amount of$1,960; and
(6) Costs in the amount of $542.

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The Court respectfully directs the Clerk of Court to terminate all pending motions and to
close this case.
SO ORDERED.
Paul A. Engelmayer
United States District Judge

Dated: November 26, 2024
New York, New York

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