Vargas et al v. Builders Construction Services, Inc. et al

Filing 30

ORDER ADOPTING 29 Report and Recommendations, and GRANTING 27 MOTION for Default Judgment against ALL DEFENDANTS; Martin Erevia and Builders Construction Service LLC filed by Alexander Vargas, Zenir Leon. Signed by Judge Robert Pitman. (cc3)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ALEXANDER VARGAS and ZENIR LEON, Plaintiffs, v. MARTIN EREVIA and BUILDERS CONSTRUCTION SERVICES LLC, Defendants. § § § § § § § § § § 1:23-CV-289-RP ORDER Before the Court is the report and recommendation from United States Magistrate Judge Dustin Howell concerning Plaintiffs’ Motion for Default Judgment, (Dkt. 27). (R. & R., Dkt. 29). Pursuant to 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas, Judge Howell issued his report and recommendation on June 21, 2024. (Id.). As of the date of this order, no party has filed objections to the report and recommendation. Pursuant to 28 U.S.C. § 636(b), a party may serve and file specific, written objections to a magistrate judge’s proposed findings and recommendations within fourteen days after being served with a copy of the report and recommendation and, in doing so, secure de novo review by the district court. When no objections are timely filed, a district court can review the magistrate’s report and recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee’s note (“When no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). Because no party has filed timely objections, the Court reviews the report and recommendation for clear error. Having done so and finding no clear error, the Court accepts and adopts the report and recommendation as its own order. 1 Accordingly, the Court ORDERS that the Report and Recommendation of the United States Magistrate Judge, (Dkt. 29), is ADOPTED. Plaintiffs’ Motion for Default Judgment, (Dkt. 27), is GRANTED. Plaintiffs shall be awarded a total of $43,550.10, representing Vargas’ actual and liquidated damages of $12,308.80; Leon’s actual and liquidated damages of $25,971.30; attorneys’ fees and costs of $5,270 and postjudgment interest at the rates applicable at the time the final judgment is rendered. To the extent that Plaintiffs request an unaccounted for $450 in the total amount, the Court DENIES any relief not accurately accounted for in the report and recommendation. The Court will enter final judgment by separate order. SIGNED on July 8, 2024. ROBERT PITMAN UNITED STATES DISTRICT JUDGE 2

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