Gunter v. Silver's Crust West Indian Restaurant & Grill Inc.

District Court, E.D. New York

Gunter v. Silver's Crust West Indian Restaurant & Grill Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------------X MICHELLE GUNTER, individually and : on behalf of all others similarly situated, and : MARK MCDONALD, : : Plaintiffs, : ORDER v. : 18-CV- 01804 (WFK) (RER) : SILVER'S CRUST WEST INDIAN RESTAURANT : & GRILL INC. D/B/A SILVER KRUST WEST INDIAN : RESTAURANT & GRILL INC., and : CONRAD MCGREGOR, : : Defendants. : -----------------------------------------------------------------------X WILLIAM F. KUNTZ, II, United States District Judge: By order dated August 7, 2020, the Court referred Plaintiff’s motion to correct the judgement and for attorney’s fees to the Honorable Magistrate Judge Ramon E. Reyes for a report and recommendation. ECF No. 40. On February 25, 2021, Judge Reyes filed the Report and Recommendation (“R&R”), recommending the Judgment be amended as requested to include $49,237.20 and $19,242.20 in New York Labor Law (“NYLL”) liquidated damages for McDonald and Gunter, respectively, and that Plaintiffs be awarded $10,443.75 in attorney's fees and $1,192.23 in costs. ECF No. 44. Objections to the R&R were due March 11, 2021, and to date, no objections have been filed. 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). Where no objections have been filed, the Court reviews a report and recommendation for clear error. See Covey v. Simonton,

481 F. Supp. 2d 224, 226

(E.D.N.Y. 2007) (Garaufis, J.).

The Court finds no such error here. Accordingly, the Court adopts the R&R in its entirety.

SO ORDERED.

s/ WFK ________________________________ HON. WILLIAM F. KUNTZ, II UNITED STATES DISTRICT JUDGE Dated: March 15, 2021 Brooklyn, New York

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