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ANDRZEJ JANUS, on behalf of himself and on behalf of all others similarly situated, Plaintiff, v. REGALIS CONSTRUCTION, INC., and JAN POMIANEK, Defendants.

Allyne R. Ross

NOT FOR ELECTRONIC OR PRINT PUBLICATION
OPINION & ORDER

ROSS, United States District Judge:

The court has received the Report and Recommendation ("R&R") (Dkt. No. 15) on the instant case, dated July 23, 2012, from the Honorable Victor V. Pohorelsky, United States Magistrate Judge. No objections have been filed, so the court has reviewed the R&R for clear error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord Edwards v. Town of Huntington, No. 05-CV-339, 2007 U.S. Dist. LEXIS 50074, at *6 (E.D.N.Y. July 11, 2007); McKoy v. Henderson, No. 05 Civ. 1535, 2007 U.S. Dist. LEXIS 15673, at *1 (S.D.N.Y. March 5, 2007). Having reviewed the record, I find no clear error and hereby adopt the R&R, in its entirety, as the opinion of the court pursuant to 28 U.S.C. § 636(b)(1).

Accordingly, plaintiff's motion for default judgment (Dkt. No. 14) is granted. The Clerk of Court is directed to enter judgment in favor of plaintiff against both defendants as follows:

1. Awarding $494.00 in unpaid overtime and liquidated damages under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq.;
2. $14,873.75 in unpaid overtime and liquidated damages under the New York Labor Law;
3. Prejudgment interest totaling $4,009.96 through May 31, 2012, plus an additional $2.38 per diem from June 1, 2012 through the date of judgment;
4. $10,280 in attorney's fees; and
5. $649.52 in costs.




SO ORDERED.

________________________


Allyne R. Ross


United States District Judge
Dated: September 4, 2012


Brooklyn, New York


MAILING LIST

Robert Wisniewski


& Associates P.C.


225 Broadway


Suite 1020


New York, NY 10007


Regalis Construction Inc.


592 Leonard Street #6


Brooklyn, NY 11222


Jan Pomianek


6640 60PL


Ridgewood, NY 11385


Jan Pomianek


592 Leonard Street


Brooklyn, NY 11222


Magistrate Judge Pohorelsky

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Janus v. Regalis Constr., Inc.
(Sep 4, 2012)