Janus v. Regalis Construction, Inc. et al, No. 1:2011cv05788 - Document 17 (E.D.N.Y. 2012)
Court Description: OPINION & ORDER [ADOPTING REPORT AND RECOMMENDATION]: Having reviewed the record, I find no clear error and hereby adopt the 15 Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)( 1). Accordingly, plaintiff's 14 motion for default judgment is granted. The Clerk of Court is directed to enter judgment in favor of plaintiff against both defendants as follows: (1) Awarding $ 494.00 in unpaid overtime and liqu idated damages under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq.; (2) $ 14,873.75 in unpaid overtime and liquidated damages under the New York Labor Law; (3) Prejudgment interest totaling $ 4,009.96 through 5/31/ 2012, plus an additional $ 2.38 per diem from 6/1/2012 through the date of judgment; (4) $ 10,280 in attorney's fees; and (5) $ 649.52 in costs. SO ORDERED by Judge Allyne R. Ross, on 9/4/2012. C/mailed by Chambers. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
Download PDF
<![CDATA[
vIF I!ILID_._ UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------------- f- ¬aJ¥ YJ~, A~'''l~ j(ft: 81ft 18 , 2012 * x * BROOKt.'IN OFFICE ll-CV -5788 (ARR) ANDRZEJ JANUS, on behalf of himself and on behalf of all others similarly situated, NOT FOR ELECTRONIC OR PRINT PUBLICAnON Plaintiff, OPINION & ORDER -againstREGALIS CONSTRUCTION, INC., and JAN POMIANEK, Defendants. x ROSS, United States District Judge: The court has received the Report and Recommendation ("R&R") (Dkt. No. 15) on the instant case, dated July 23, 2012, from the Honorable Victor V. Pohorelsky, United States Magistrate Judge. No objections have been filed, so the court has reviewed the R&R for clear error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord Edwards v. Town of Huntington, No. 05-CV-339, 2007 U.S. Dist. LEXIS 50074, at *6 (E.D.N.Y. July 11,2007); McKoy v. Henderson, No. 05 Civ. 1535,2007 U.S. Dist. LEXIS 15673, at *1 (S.D.N.Y. March 5, 2007). Having reviewed the record, I find no clear error and hereby adopt the R&R, in its entirety, as the opinion of the court pursuant to 28 U.S.C. § 636(b)(l). Accordingly, plaintiffs motion for default judgment (Dkt. No. 14) is granted. The Clerk of Court is directed to enter judgment in favor of plaintiff against both defendants as follows: 1. Awarding $494.00 in unpaid overtime and liquidated damages under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq.; 2. $14,873.75 in unpaid overtime and liquidated damages under the New York Labor Law; 3. Prejudgment interest totaling $4,009.96 through May 31,2012, plus an additional $2.38 per diem from June 1,2012 through the date of judgment; 4. $10,280 in attorney's fees; and 5. $649.52 in costs. SO ORDERED. S/Judge Ross Allyne R. Ross United States Dated: September 4,2012 Brooklyn, New York 2 MAILING LIST Robert Wisniewski & Associates P.C. 225 Broadway Suite 1020 New York, NY 10007 Regalis Construction Inc. 592 Leonard Street #6 Brooklyn, NY 11222 Jan Pomianek 664060PL Ridgewood, NY 11385 Jan Pomianek 592 Leonard Street Brooklyn, NY 11222 Magistrate Judge Pohorelsky
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
