Vazquez Reyes v. Bkuk 10 Corp.

District Court, S.D. New York

Vazquez Reyes v. Bkuk 10 Corp.

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED JOSE VAZQUEZ REYES, DOCH DATE FILED: 2/26/2024 Plaintiff, -against- 19 Civ. 3919 (AT) (JLC) BKUK 10 CORP. et al., ORDER Defendants. ANALISA TORRES, District Judge: Before the Court is the Report and Recommendation (“R&R”), ECF No. 72, from the Honorable James L. Cott, recommending that the Court award Plaintiff, Jose Vazquez Reyes (“Vazquez’’), $313,813.13 in damages (plus prejudgment interest on $151,906.56 of the damages), $5,619.00 in attorneys’ fees and costs, and post-judgment interest. On May 1, 2019, Vazquez filed this action for, inter alia, unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act of 1938,

29 U.S.C. § 201

et seg., and violations of the

N.Y. Labor Law §§ 190

et seg. and 650 et seq. Compl. § 10, ECF No. 1. Despite being served, Defendants failed to appear in this case. As such, on April 15, 2022, the Court granted Vazquez’s motion for a default judgment, and the matter was referred to the Honorable James L. Cott for inquest after default. See ECF Nos. 61, 62. After careful consideration, Judge Cott issued the R&R, detailing the damages owed to Vazquez. See R&R at 30-31. Despite notification of the right to object to the R&R, no objections were filed, and the time to do so has passed. /d. at 32; see Fed. R. Civ. P. 72(b)(2). When no objection 1s made, the Court reviews the R&R for clear error. See Whitley v. Bowden, No. 17 Civ. 3564,

2019 WL 1953941

, at *1 (S.D.N.Y. May 1, 2019) (collecting cases). The Court finds no clear error. Accordingly, the Court ADOPTS Judge Cott’s R&R in its entirety. The Clerk of Court is directed to enter judgment consistent with this order and the R&R, and close the case. SO ORDERED. Op Dated: February 26, 2024 $$ New York, New York ANALISA TORRES United States District Judge

Reference

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