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15-6977 - Nikolaeva v. Home Attendant Services of Hyde Park


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15-6977 - Nikolaeva v. Home Attendant Services of Hyde Park
August 14, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: On July 19, 2017, Judge Reyes issued an R&R recommending that the Court grant Plaintiff's Motion and that "default judgment be entered against Defendant in the amount of $44,860 - representing $22,000 in unpaid overtime compensation, $17,860in liquidated damages, and $5,000 in statutory damages - plus pre and post-judgment interest". (R&R (Dkt. 15) at 1.) The R&R recommended that pre-judgment interest be awarded at a rate of nine percent (9%) per year. (Id. at 6.) The R&R also recommended that the court decline to award Plaintiff costs and fees, as Plaintiff has failed to provide (1) "any information elated to out-of pocket expenses related to this case" or (2) a calculation of attorney's fees. (Id. at 7.) No Party has objected to the R&R and the time to do so has passed. See Fed. R. Civ. P. 72(b)(2). Therefore, the court therefore reviews the R&R for clear error. See Porter v. Potter, 219. App'x 112,113 (2d Cir. 2007) (Summary order)("Failure to object to timely to a Magistrate's report operates as a waiver of any further judicial review of the Magistrate's decision". (internal quotation marks and citation omitted)); Gesualdi v. Mack Excavation & Trailer Serv., Inc. No. 09-CV-2502 (KAM)(JO), 2010 WL 985294, at *1 (E.D.N.Y Mar. 15, 2010) ( "Where no objection to the [R&R] has been filed, the district court need only satisfy itself that thee is no clear error on the face of the record. " internal quotation marks citation omitted)). Finding no clear error, the Court ADOPTS IN FULL the R&R (Dkt. 15). Plaintiff's Motion (Dkt. 12 is granted. The Court AWARDS Plaintiff damages in the amount of $44,860- representing $22,000 in unpaid overtime compensation, $17,860 in liquidated damages, and $5,000 in statutory damages - plus pre -judgment interest at the rate of the nine percent (9%) per anum and post-judgment interest. The Clerk of Court is respectfully DIRECTED to enter judgment and close this case. Ordered by Judge Nicholas G. Garaufis on 8/11/2017. (Basnight, Jasmine)