De Jesus v. Sea Crest Diner- Restaurant et al
| Manuel De Jesus |
| Amarinthia Diner Corp, Pedro Ferofino, Jose Flores, Jerry Georges, Sayville Restaurant Corp, Sea Crest Diner- Restaurant, Seacreat Palace Diner, Inc. and Matoula Vratsanos |
| 2:2017cv00275 |
| January 18, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
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MEMORANDUM OF DECISION & ORDER: It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections fo r clear error). Accordingly, the R&R is adopted in its entirety. The Plaintiffs motion for default judgment is granted in part and denied in part. Specifically, the motion is granted as to De Jesuss FLSA and NYLL overtime and minimum wage claims as well as his NYLL wage statement cause of action but denied as to his NYLL spread of hour claim. Further, the claims against Flores are dismissed without prejudice. The Plaintiff is awarded damages and attorneys fees in the amount explained in the R&R. SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 12/6/2018. (Coleman, Laurie)
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