Lopez v. Angelitos Auto Repair Inc.

District Court, E.D. New York

Lopez v. Angelitos Auto Repair Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

MIGUEL LOPEZ, individually and on behalf of others similarly situated, 2017-cv-1668 (ARR)

Plaintiff Opinion & Order

— against — Not for electronic or print publication ANGELITO GUZMAN, ANGELITO AUTO REPAIR,

Defendant.

ROSS, United States District Judge: This Court has received the Report and Recommendation on the instant case dated August 11, 2021, from the Honorable Cheryl L. Pollak, United States Chief Magistrate Judge. No objections have been filed. The Court reviews “de novo any part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b); see also Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-874 (CBA)(LB),

2011 WL 1930682

, at *1 (E.D.N.Y. May 19, 2011), aff’d,

472 F. App’x 73

(2d Cir. 2012) (summary order). Where no timely objections have been filed, “the district court need only satisfy itself that there is no clear error on the face of the record.” Finley v. Trans Union, Experian, Equifax, No. 17-CV-0371 (LDH)(LB),

2017 WL 4838764

, at *1 (E.D.N.Y. Oct. 24, 2017) (quoting Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd.,

812 F. Supp. 2d 186, 189

(E.D.N.Y. 2011)). Having reviewed the record, I find no clear error. I therefore adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to

28 U.S.C. § 636

(b)(1). Therefore, the default should be re-entered and plaintiff’s motion for default judgment is granted in the amount of $99,475, which includes backpay of $44,737.50, liquidated damages of $44,737.50, and statutory damages of $10,000. Plaintiff’s counsel may file a supplemental request for attorney’s fees—as recommended in the Report and Recommendation—within thirty (30) days of this order. The Clerk of Court is directed to enter judgment accordingly.

SO ORDERED.

_______/s/________________ Allyne R. Ross United States District Judge

Dated: September 3, 2021 Brooklyn, New York

Reference

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