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Herrera v. Tri-State Kitchen & Bath, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Mar 31, 2015
14-CV-1695 (ARR) (MDG) (E.D.N.Y. Mar. 31, 2015)
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Summary

finding defendants liable under NYLL § 195 and § 195 where plaintiffs "did not receive written notice of wage information when they were hired" and they "did not receive written notice ... with every payment of wages"

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Opinion

14-CV-1695 (ARR) (MDG)

03-31-2015

ANTONIO HERNANDEZ HERRERA, MARTIN GIL GUZMAN and REY HERNANDEZ, Plaintiffs, v. TRI-STATE KITCHEN AND BATH, INC. and MIKE LAZA, Defendants.

ROSS, United States District Judge

NOT FOR ELECTRONIC OR PRINT PUBLICATION

ORDER

ROSS, United States District Judge:

The court has received the Report and Recommendation on the instant case dated March 12, 2015, from the Honorable Marilyn D. Go, 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. § 636(b)(1).

Therefore, the plaintiff's motion for default judgment is granted in the total amount of $87,052.20, plus post-judgment interest. The component damages allocated to each plaintiff and the attorneys' fees and costs are set forth in the Conclusion of the Report and Recommendation. The Clerk of Court is directed to enter judgment accordingly. SO ORDERED.

/s/(ARR)

Allyne R. Ross

United States District Judge
Dated: March 31, 2015

Brooklyn, New York

Summaries of

Herrera v. Tri-State Kitchen & Bath, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
Mar 31, 2015
14-CV-1695 (ARR) (MDG) (E.D.N.Y. Mar. 31, 2015)

finding defendants liable under NYLL § 195 and § 195 where plaintiffs "did not receive written notice of wage information when they were hired" and they "did not receive written notice ... with every payment of wages"

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finding that even such conclusory allegations, coupled with a defendant's default, can serve to establish willfulness for purposes of extending the statute of limitations

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adopting report and recommendation

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defaulting defendants did not show good faith

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awarding double liquidated damages under both federal and New York law because the plaintiff's damages application was uncontested due to the defendant's default

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Case details for

Herrera v. Tri-State Kitchen & Bath, Inc.

Case Details

Full title:ANTONIO HERNANDEZ HERRERA, MARTIN GIL GUZMAN and REY HERNANDEZ…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Date published: Mar 31, 2015

Citations

14-CV-1695 (ARR) (MDG) (E.D.N.Y. Mar. 31, 2015)

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