Herrara et al v. 12 Water Street Gourmet Cafe, Ltd. et al

Plaintiff: Nicolas Herrara, Miguel Peralta and Victor Xochimitl
Defendant: 12 Water Street Gourmet Cafe, Ltd. and Martin Mack
Case Number: 1:2013cv04370
Filed: June 24, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Jesse M. Furman
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201 Fair Labor Standards Act
Jury Demanded By: Plaintiff

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Date Filed#Document Text
March 31, 2016 93 Opinion or Order of the Court ORDER ADOPTING REPORT AND RECOMMENDATION. This case was referred to Magistrate Judge Ellis for a Report and Recommendation on an award of damages, costs, and fees. In a Report and Recommendation filed on February 29, 2016, Magistrate Judge Ellis reco mmended that Plaintiffs be awarded damages and prejudgment interest in the amount of $662,330.02, attorneys' fees in the amount of $25,796.25, and costs in the amount of $1,042.38 for a total amount of $689,168.65. (Docket N o. 91). In the present case, the Report and Recommendation advised the parties that they had 14 days from service of the Report and Recommendation to file any objections, and warned that failure to timely file such objections would result in waiver o f any right to object. In addition, it expressly called the parties attention to Rule 72 of the Federal Rules of Civil Procedure and Title 28, United States Code, Section 636(b)(1). Nevertheless, as of the date of this Order, no objections have been filed and no request for an extension of time to object has been made. Accordingly, the parties have waived the right to object to the Report and Recommendation or to obtain appellate review. See Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); se e also Caidor v. Onondaga County, 517 F.3d 601 (2d Cir. 2008). Despite the waiver, the Court has reviewed the petition and the Report and Recommendation, unguided by objections, and finds the Report and Recommendation to be well reasoned and grounded in fact and law. Accordingly, the Report and Recommendation is adopted in its entirety. The Clerk of Court is directed to enter judgment consistent with the Report and Recommendation and to close the case. Re: 91 Report and Recommendation. (Signed by Judge Jesse M. Furman on 3/31/2016) (rjm)

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Search for this case: Herrara et al v. 12 Water Street Gourmet Cafe, Ltd. et al
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Plaintiff: Nicolas Herrara
Represented By: Scott A. Korenbaum
Represented By: David Bruce Rankin
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Plaintiff: Miguel Peralta
Represented By: Scott A. Korenbaum
Represented By: David Bruce Rankin
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Plaintiff: Victor Xochimitl
Represented By: Scott A. Korenbaum
Represented By: David Bruce Rankin
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Defendant: 12 Water Street Gourmet Cafe, Ltd.
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Defendant: Martin Mack
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