Opinion
Case No. 11-CV-2811 (FB) (MDG)
10-15-2012
PEDRO AGUIRRE ROSAS, individually and on behalf of others similarly situated, Plaintiff, v. SBS 1310 CORP. d/b/a SUBSATIONAL, and GARY GANI, Defendants.
JUSTIN CILENTI, ESQ. Cilenti & Cooper, PLLC
MEMORANDUM AND ORDER
Appearances:
For the Plaintiff:
JUSTIN CILENTI, ESQ.
Cilenti & Cooper, PLLC
BLOCK, Senior District Judge:
On September 11, 2012, Magistrate Judge Go issued a Report and Recommendation ("R&R") recommending that the Court award default judgment against defendants in the total amount of $27,836.13, consisting of $24,622.50 in damages for unpaid minimum wages, unpaid overtime wages, spread of hours pay, and liquidated damages under the FLSA and New York's Labor Law, $413.63 in prejudgment interest up to September 28, 2012 and at a daily rate of $0.54 per day until entry of judgment, and $2,800 in attorneys' fees. See R&R at 23-24. The R&R also recommended that the Court deem the complaint and summons amended to substitute "SBS1310 Corp. d/b/a Subsational" as the corporate defendant. The R&R clearly stated that defendants' failure to object by September 28, 2012 would preclude appellate review. See id at 24. To date, no objections have been filed.
If clear notice has been given of the consequences of failure to object, and there are no objections, the Court may adopt the R&R without de novo review. See Mario v. P & C Food Mkts, Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). The Court will excuse the failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error, see Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000); no such error appears here. Accordingly, the Court adopts the R&R in its entirety and directs the Clerk to enter judgment in accordance with the R&R.
The Clerk of Court is further directed to amend the official caption as shown above.
SO ORDERED.
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FREDERIC BLOCK
Senior United States District Judge
Brooklyn, NY
October 15, 2012