Khaer et al v. Al Kawthar International LLC. et al

Filing 61

ORDER- it is hereby ORDERED that the Court adopts the findings of fact and accepts the recommendation of the United States Magistrate Judge. Plaintiffs' Amended Motion for Default Judgment [Dkt. 36] is GRANTED except to the extent that it improp erly requests pre- and post- judgment interest. The Clerk shall enter judgment against Defendants Al Kawthar International, LLC; Sultana Grill, Incorporated; Mohammed Bencherki; Hajar Bencherki; Ibrahim Saed Ahmed; and Miriam Ibrahim Elsayed, who sha ll be jointly and severally liable to Plaintiffs for attorneys fees in the amount of $30,564.09, as well as unpaid wages and liquidated damages in the following amounts: Hamdi Hassan Ahmed Siyam - $14,315.36, Ibrahim S. Khaer - $55,902 .00, Gebremeskel Yemane Kidst - $20,601.28, Fouzia Mohamed Hadgag - $77,782.32. The Motions to Dismiss [Dkts. 22, 24] filed by Defendants Ibrahim Saed Ahmed and Miriam Ibrahim Elsayed are deemed WITHDRAWN for failure to notice a hearing pur suant to Local Civil Rule 7(E). Motion for Summary Judgment [Dkt. 40] filed by Mohamed Seid Ahmed Mohamed is DENIED as moot. The final pretrial conference scheduled to take place on April 20, 2017 is CANCELLED. Signed by District Judge James C. Cacheris on 4/19/2017. (see Order for further details) (dest, ) (copy mailed to Pro Se parties)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
IBRAHIM S. KHAER, et al.,
Plaintiffs,

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v.
AL KAWTHAR INTERNATIONAL LLC,
et al.,
Defendants.

Case No. 1:16cv652 (JCC/MSN)

O R D E R
This matter is before the Court on United States
Magistrate Judge’s Report and Recommendations [Dkt. 58]
recommending that the Court enter default judgment against
Defendants Al Kawthar International, LLC, Sultana Grill,
Incorporated, Mohammed Bencherki, Hajar Bencherki, Ibrahim Saed
Ahmed, and Miriam Ibrahim Elsayed.
The Court notes that both Ibrahim Saed Ahmed and
Miriam Ibrahim Elsayed filed documents purporting to be Answers
to Plaintiffs’ Complaint [Dkts. 21, 23] on September 22, 2016.
Both documents, however, were filed out of time without excuse.
The Court received them shortly after default was entered
against both Defendants, and neither Defendant moved to set
aside the entry of default.

Similarly, both Defendants filed

Motions to Dismiss [Dkts. 22, 24] on November 1, 2016.

Neither

Motion complied with the Court’s local rules.

Both are deemed

withdrawn under Local Civil Rule 7(E) for failure to properly
notice a hearing.

Neither Defendant has participated in this

case in any respect in the five months that have since passed.
Accordingly, the Court finds that entering default judgment
against Defendants Ibrahim Saed Ahmed and Miriam Ibrahim Elsayed
is appropriate.
Accordingly, having reviewed the Report and
Recommendations, and no objection having been filed, it is
hereby ORDERED that
(1)

The Court adopts the findings of fact and

accepts the recommendation of the United States Magistrate
Judge;
(2)

Plaintiffs’ Amended Motion for Default

Judgment [Dkt. 36] is GRANTED except to the extent that it
improperly requests pre- and post- judgment interest;
(3)

The Clerk shall enter judgment against

Defendants Al Kawthar International, LLC; Sultana Grill,
Incorporated; Mohammed Bencherki; Hajar Bencherki; Ibrahim Saed
Ahmed; and Miriam Ibrahim Elsayed, who shall be jointly and
severally liable to Plaintiffs for attorney’s fees in the amount
of $30,564.09, as well as unpaid wages and liquidated damages in
the following amounts:
Hamdi Hassan Ahmed Siyam - $14,315.36

Ibrahim S. Khaer - $55,902.00
Gebremeskel Yemane Kidst - $20,601.28
Fouzia Mohamed Hadgag - $77,782.32
(4)

The Motions to Dismiss [Dkts. 22, 24] filed

by Defendants Ibrahim Saed Ahmed and Miriam Ibrahim Elsayed are
deemed WITHDRAWN for failure to notice a hearing pursuant to
Local Civil Rule 7(E);
(5)

The Motion for Summary Judgment [Dkt. 40]

filed by Mohamed Seid Ahmed Mohamed is DENIED as moot, as
Defendant Mohamed was voluntarily dismissed from this action on
February 9, 2017;
(6)

The final pretrial conference scheduled to

take place on April 20, 2017 is CANCELLED and shall be removed
from the Court’s docket;
(7)

Defendants are advised that if they wish to

appeal this Order, they must do so within thirty (30) days of
the date of this Order, in accordance with Rules 3 and 4 of the
Federal Rules of Appellate Procedure; and
(8)

The Clerk of the Court shall forward copies

of this Order to all counsel of record and Defendants, pro se.
This Order is FINAL.

April 19, 2017
Alexandria, Virginia

/s/
James C. Cacheris
UNITED STATES DISTRICT COURT JUDGE