Zurita v. Bergen Pizza Incorporated et al
| Luis Zurita |
| Bergen Pizza Incorporated and Constantino Moyao Rodriguez |
| 1:2012cv03874 |
| August 3, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Marilyn D. Go |
| Kiyo A. Matsumoto |
| Labor: Fair Standards |
| 29 U.S.C. ยง 206 Collect Unpaid Wages |
| None |
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Filing
39
ORDER ADOPTING REPORT AND RECOMMENDATION. Upon careful consideration of the record and Judge Go's thorough and well-reasoned Report and Recommendation, the court finds no clear error and hereby affirms and adopts the Report and Recommendation in its entirety as the opinion of the court. Plaintiff is awarded minimum wages of $21,160.44; overtime wages of $12,687.56; spread of hours pay of $3,552.50; liquidated damages under the FLSA of 33,848.00; liquidated damages under th e New York Labor Law of $1,154.56; attorneys' fees of $20,230.47 and costs of $875.68; minus a $7,000 offset for amounts defendants paid to plaintiff before defendants breached the settlement agreement. Accordingly, judgment should be entered for plaintiff and against defendants in the amount of $86,509.21. The Clerk of Court is respectfully requested to mail a copy of the judgment and this Order to defendants, note service on the docket, and close this case. Ordered by Judge Kiyo A. Matsumoto on 3/21/2016. (McNulty, John)
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Filing
29
ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons set forth in the enclosed Order, the court finds no clear error and hereby affirms and adopts Judge Go's Report and Recommendation in its entirety as the opinion of the court. Accordin gly, the court strikes defendants' answers and respectfully directs the Clerk of the Court to enter default, serve a copy of this order upon pro se defendants at their respective addresses of record on the docket, and note service on the docket. Plaintiff shall file and serve on defendants his motion for entry of a default judgment no later than April 13, 2015. Defendants shall serve and file any opposing papers two weeks thereafter, or by April 27, 2015. If defendants fail to file an opposition by April 27, 2015, plaintiff's motion for entry of a default judgment will be deemed unopposed.Ordered by Judge Kiyo A. Matsumoto on 4/2/2015. (Alagesan, Deepa)
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