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Joselito Juarez Both Individually & v. Precision Apparel, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Sep 12, 2013

ROSS, United States District Judge

NOT FOR PRINT OR ELECTRONIC PUBLICATION ORDER

ROSS, United States District Judge:

The court has received the Report and Recommendation on the instant case dated August 21, 2013, from the Honorable Vera M. Scanlon, United States Magistrate Judge. No objections have been filed. Accordingly, the court has reviewed the Report and Recommendation for clear error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-1930682 (CBA) (LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011). Having reviewed the record, I find no clear error. I hereby adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. ยง 636(b)(1).

Therefore, the court grants plaintiff's motion for a default judgment against defendants Precision Apparel, Inc., Precision Warehousing, Inc. and Jonny Chen and awards plaintiff a judgment against them for 1) $2,938.97 in unpaid minimum-wage-and-overtime pay; 2) $2,938.97 in liquidated damages for his unpaid minimum-wage-and-overtime pay; 3) $7.25 in unpaid spread-of-hours pay; 4) $3,675.00 in attorneys' fees; 5) $350.00 in costs; and 6) post-judgment interest. The court denies plaintiff's motion for a default judgment against defendants Susana Chen and Zhi Xiong Qiu. The Clerk of Court is directed to enter judgment accordingly. Plaintiff is directed to serve a copy of this order upon defendants and to file proof of service with the court.

SO ORDERED.

s/ ARR


Allyne R. Ross


United States District Judge Dated: September 12, 2013


Brooklyn, New York