Campos Bonilla v. Mitsis Bakery Corp.
Campos Bonilla v. Mitsis Bakery Corp.
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK eenreneneeee FILED JUAN CAMPOS BONILLA, MANUEL Us. DISTRICTCOURT EDN. GONZALES HERNANDEZ, MANUEL . DUTAN QUIROGA, and GABRIEL PENA, wk AUG -7 2019 * individually and on behalf of others similarly situated, and GERARDO PEREZ ESCOBAR, BROOKLYN OFFICE
Plaintiff, NOT FOR PUBLICATION -against- ORDER 18-cv-453 (CBA) (LB) MITSIS BAKERY CORP. (d/b/a HOT TASTY BAKERY), XIAO YUE (a.k.a. JENNIFER YUE), JAY SESSLER, MIKE ZARMAKOUPIS, and Z&X BAKERY CORP. (d/b/a HOT TASTY BAKERY), Defendants. ee ee ewe □□ ee ee ee ee ee ee XK AMON, United States District Judge: Plaintiffs Juan Campos Bonilla, Manuel Gonzales Hernandez, Manuel Dutan Quiroga, and Gabriel Pena, individually and on behalf of others similarly situated, and Gerardo Perez Escobar bring this action against Mitsis Bakery Corp. (d/b/a Hot Tasty Bakery), Xiao Yue (a.k.a. Jennifer Yue), Jay Sessler, Mike Zarmakoupis, and Z&X Bakery Corp. (d/b/a Hot Tasty Bakery) to recover unpaid overtime wages pursuant to the Fair Labor Standards Act of 1938,
29 U.S.C. § 201et seq., for violations of New York Labor Law §§ 190 ef seg. and 650 et seq., and for violations of the spread of hours and overtime wage orders of the New York Commissioner of Labor codified at N.Y. Comp. CopES R. & REGS. Tit. 12, § 146-1.6. In May of 2019, the parties informed the Court that they had reached a settlement, and the Court referred review of the proposed settlement agreement to the Honorable Ramon Reyes, U.S. Magistrate Judge, under Cheeks v. Freeport Pancake House,
796 F.3d 199, 206(2d Cir. 2015). Magistrate Judge Reyes submitted a Report
and Recommendation (“R&R”) recommending that the Court approve the settlement. (D.E. dated 7/18/2019.) No party has objected to the R&R, and the time for doing so has passed. When deciding whether to adopt 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). To accept those portions of the R&R to which no timely objection has been made, “a district court need only satisfy itself that there is no clear error on the face of the record.” Jarvis v.N. Am. Globex Fund, L.P.,
823 F. Supp. 2d 161, 163(E.D.N.Y. 2011) (internal quotation marks and citation omitted). The Court has reviewed the record and, finding no clear error, adopts the R&R as the opinion of the Court. The Court finds the settlement agreement to be fair and reasonable, and approves the settlement agreement. :
SO ORDERED.
Dated: August 2019 vo oO) o Brooklyn, New York _ _S/ Carol Bagley Amon Carol Bagley Athop”) 7 —_ United States Dist udge
Reference
- Status
- Unknown