Candia v. Long Spring Garden, Inc. et al, No. 1:2015cv01710 - Document 50 (E.D.N.Y. 2017)

Court Description: DECISION AND ORDER: I enter a judgment in favor of the plaintiff in the total amount of $354,588.10, plus an additional pre-judgment interest at the rate of $3.34 per day from August 17, 2017 to the date on which judgment is entered in this action. Ordered by Judge Ann M. Donnelly on 9/18/2017. (Greene, Donna)

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Candia v. Long Spring Garden, Inc. et al Doc. 50 FILED UNITED STATES DISTRICT COURT IN CLERK'S OFFICE US DISTRICT COURT E.D.N.Y. EASTERN DISTRICT OF NEW YORK * --------------------------------------------------------------- )( SEP 18 2017 * BROOKLYN OFFICE CARITINO CANDIA, individually and on behalf of others similarly situated, DECISION AND ORDER Plaintiff, 15-cv-1710 (AMD)(PK) - against - MIDDLE KINGDOM INC., d/b/a LONG SPRING GARDEN and JAMES CHAU, Defendants. --------------------------------------------------------------- )( ANN DONNELLY, Di strict Judge. The plaintiff, Caritino Candia, individuall y and on behalf of all other persons similarly situated, commenced this action agai nst the defendants, Middle Kingdom, Inc. (d/b/a Long Spring Garden) ("Middle Kingdom") and James Chau, pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 20 1 et seq. (" FLSA"), and the New York Law Laws, Art. 6, §§ 190 and 650 ("NYLL"). The plaintiff alleges that the defendants violated the FLSA and NYLL by fa iling to pay him minimum wage, overtime, equ ipment costs, and spread-of-wage premiums; by fa iling to comply with uniform maintenance practices; and by fai ling to provide wage notice and acknowledgment. Despite proper service of the summons and complaint, the defendants did not answer or defend against this action. The plaintiff now moves for a default judgment pursuant to Rule 55(b)(2) of the Federal Rules of Civil procedure and fo r attorney's fees, costs, and interest. On August 17, 20 17, Magistrate Judge Peggy Kuo issued a Report and Recommendation that I enter default judgment against the defendants in the amount of $354,588.10. (ECF 49.) On Dockets.Justia.com August 29,2017, Judge Kuo's chambers mailed the judgment to the defendants, and ordered them to file any objections by September 14, 2017. No party has objected to Judge Kuo's Report and Recommendation within the time prescribed by 28 U.S.C. § 636(b)(1). For the reasons that follow, I adopt Judge Kuo's report in its entirety. In reviewing a Report and Recommendation,a district court"may accept,reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). Where, as here, no party has objected to the magistrate judge's recommendation,"a district court need only satisfy itself that there is no clear error on the face of the record." Urena V. New York, 160 F.Supp.2d 606, 609-10 (S.D.N.Y. 2001)(quoting v. Smith, 618 F.Supp. 1186, 1189(S.D.N.Y. 1985)). I have reviewed Judge Kuo's thorough and well-reasoned opinion and find no error. Accordingly, I enter a judgment in favor of the plaintiff in the total amount of $354,588.10, plus an additional pre-judgment interest at the rate of $3.34 per day from August 17, 2017 to the date on which judgment is entered in this action. This amount represents $176,767.36 in unpaid overtime wages, $13,563.20 in unpaid spread-of-hours premiums, $70.00 in equipment costs, $10,000 in statuary damages for NYLL wage notice and statement violations, $141,165.98 in liquidated damages for the overtime and spread-of hours violations, $6,626.56 in pre-judgment interest, $5,770.00 in attorney's fees, and $625.00 in costs. The Clerk of the Court is respectfully directed to close this case. SO ORDERED. Ann M. Donnelly 'Ann M. Donnelly United States District Judge Dated: Brooklyn, New York September 18, 2017 3

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