Rodriguez v. Globe Institute of Technology, Inc.

Justia Dockets & Filings Second Circuit New York Southern District Rodriguez v. Globe Institute of Technology, Inc.

Rodriguez v. Globe Institute of Technology, Inc.

Plaintiff:	Wilfred C. Rodriguez
Defendant:	Globe Institute of Technology, Inc.
Case Number:	1:2015cv01435
Filed:	February 26, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Ronnie Abrams
Nature of Suit:	Fair Labor Standards Act
Cause of Action:	29 U.S.C. § 201
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 4, 2016	Filing 29 ORDER re: 27 Report and Recommendations. Having reviewed the Report for clear error, see Galeana v. Lemongrass on Broadway Corp., 120 F. Supp. 3d 306, 310 (S.D.N.Y. 2014) ("When the parties make no objections to the Report, the Court may ad opt the Report ifthere is no clear error on the face of the record." (internal citation omitted)), the Court hereby adopts it in its entirety. Accordingly, plaintiff is awarded (1) $25,397.54 in unpaid overtime wages; (2) $25,397.54 in liquidated damages under the FLSA; (3) $25,397.54 in liquidated damages under the NYLL; (4) $9,500 in attorneys' fees; and (5) $542 in costs, for a total award of $86,234.62. The parties' failure to file written ob jections, after Judge Netburn warned that such failure would result in a waiver of objections for the purposes of appeal, precludes appellate review. See Caidor v. Onondaga Cty., 517 F.3d 601 (2d Cir. 2008). The Clerk of Court is respectfully directed to close the case. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 10/4/2016) (cf)

Date Filed

Document Text

October 4, 2016

Filing 29 ORDER re: 27 Report and Recommendations. Having reviewed the Report for clear error, see Galeana v. Lemongrass on Broadway Corp., 120 F. Supp. 3d 306, 310 (S.D.N.Y. 2014) ("When the parties make no objections to the Report, the Court may ad opt the Report ifthere is no clear error on the face of the record." (internal citation omitted)), the Court hereby adopts it in its entirety. Accordingly, plaintiff is awarded (1) $25,397.54 in unpaid overtime wages; (2) $25,397.54 in liquidated damages under the FLSA; (3) $25,397.54 in liquidated damages under the NYLL; (4) $9,500 in attorneys' fees; and (5) $542 in costs, for a total award of $86,234.62. The parties' failure to file written ob jections, after Judge Netburn warned that such failure would result in a waiver of objections for the purposes of appeal, precludes appellate review. See Caidor v. Onondaga Cty., 517 F.3d 601 (2d Cir. 2008). The Clerk of Court is respectfully directed to close the case. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 10/4/2016) (cf)

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Plaintiff: Wilfred C. Rodriguez
Represented By:	Daniel I. Neveloff
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Defendant: Globe Institute of Technology, Inc.
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