Perez v. Saldivar & Associates, Inc. et al

Filing 40

ORDER adopting 39 Report and Recommendations and granting 20 Motion for Default Judgment. It is hereby ORDERED that a default judgment in the total amount of$192,940.86, consisting of $96,470.43 for unpaid wages and $96,470.43 in liquidated damages, be and is awarded in favor of plaintiff against defendants Saldivar & Associates, LLC, Robert P. Saldivar, and Michelle M. Bloxton, jointly and severally, to be paid to the United States Department of Labor Wage and Hour Division. Signed by District Judge Leonie M. Brinkema on 10/17/2017. (acha, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

EDWARD C. HUGLER, Acting Secretary
of Labor, United States Department of Labor
Plaintiff,

l:17-cv-55 (LMB/MSN)

V.

SALDIVAR & ASSOCIATES, INC., ^ al,
Defendants.

ORDER

Before the Court is a Report and Recommendation ("Report") issued by a magistrate

judge on September 27, 2017 [Dkt. No. 39]. The Reportrecommends that defaultjudgment be
entered against defendants Saldivar & Associates, LLC (doing business as and hereinafter

referred to as "R&R Catering"), Robert P. Saldivar ("Saldivar"), Michelle M. Bloxton

("Bloxton") (collectively, "defendants") andthatplaintiff recover $96,470.43 in backwage
compensation and $96,470.43 in liquidated damages owed to defendants' employees. S^ Report
at 1;^ also Pis.' Supp. Mem. in Supp. of Mot. for Default J., Ex. B. [Dkt. No 34] (listing
defendants' employees). The parties were advised that any objections to the Report must be filed

within fourteen days of service of the Report andthat failure to file a timely objection waives the

right to appeal the substance of the Report and any judgment based upon the Report. As of
October 16,2017, no party has filed an objection.

The Court has reviewed the Report, plaintiffs motion, andthe file andadopts the Report
in its entirety. The magistrate judgecorrectly determined thatthe Court has subject matter

jurisdiction over thisaction pursuant to 28 U.S.C. § 1331 due to plaintiffs claims arising under