Menacho et al v. K Power Construction, Inc. et al, No. 1:2018cv01359 - Document 45 (E.D. Va. 2019)

Court Description: ORDER- The Court hereby APPROVES and ADOPTS the 39 findings and recommendations, noting that Judge Davis' clear intent was to recommend on page 6 of the R&R that attorney's fees plus costs should amount to $8,047.50, not $8,047 5.50, as is evidenced by the comma placement and the correct calculation on page 5; and it is hereby ORDERED that Plaintiff's 18 Motion for Default Judgment is GRANTED as to the corporate Defendant K Power Construction, Inc. only; and it is fu rther ORDERED that judgment is hereby entered pursuant to Fed. R. Civ. P. 55 in favor of Plaintiffs and against Defendant K Power Construction, Inc., on Counts I and II of the Complaint in the amounts of $16,110.00 in FLSA unpaid wages including overtime, $16,110 in FLSA liquidated damages, and $140.00 in compensatory damages, for a total of $32,360.00; and it is further ORDERED that Plaintiff's are awarded reasonable attorney's fees plus costs, in the amount of $8,047.50, and post-judgment interest in accordance with 28 U.S.C. § 1961. Signed by District Judge Liam O'Grady on 10/16/2019. (See order for further details). (acha, ) Copies sent and emailed as directed in the order.

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Menacho et al v. K Power Construction, Inc. et al Doc. 45 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Juan Menacho,et al. Plaintiffs, Civil Action No. l:18-cv-1359 Mon. Liam O'Grady K Power Construction,Inc., et a!.. Defendants. ORDER This matter comes before the Court on the Report and Recommendation("R&R")of United States Magistrate Judge Ivan D. Davis, dated September 20,2019, Dkt. 39, on Plaintiffs' Motion for Default Judgment, Dkt. 18. Judge Davis made clear that the R&R "only pertains to K Power Construction, Inc.," because "Defendants Sung Jin Koo and Myung Kwan Koo filed answers to the Complaint." Dkt. 39 at 1 n. 1. Defendants Sung Koo and Myung Koo filed Objections to the R&R,Dkt. 42, 43, but because the R&R only pertains to the corporate defendant, those individuals do not have standing. As shown in Judge Davis' R&R,the owners of a corporation may not respond in the place of a corporation. Defendant K Power Construction, Inc., did not object to the R&R. The Court has reviewed the pleadings and Judge Davis' R&R,and hereby APPROVES and ADOPTS the findings and recommendations, noting that Judge Davis' clear intent was to recommend on page 6 of the R&R that attorney's fees plus costs should amount to $8,047.50. not $8,0475.50, as is evidenced by the comma placement and the correct calculation on page 5. Dockets.Justia.com

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