Alejandro Montero v. Barbu Gourmet Deli Inc, and Yonni A Cruz

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------X Alejandro Montero, ORDER ADOPTING Plaintiff, REP ORT & R ECOMMENDATION

-against- 24-C V-434 9 (RER) (JRC)

Barbu Gourmet Deli Inc, and Yonni A Cruz

Defendants. ---------------------------------------------------------------X

RAMÓN E. REYES, JR., District Judge:

In a report and recommendation dated March 2, 2026, (ECF No. 22 (“R&R”)), Magistrate Judge James R. Cho recommended: (1) granting, in part, plaintiff's motion for a default judgment against defendants Barbu Gourmet Deli Inc. and Yonni A. Cruz, jointly and severally, and entering judgment against the defaulting defendants; (2) awarding plaintiff damages totaling $69,954.64, consisting of $29,977.32 in unpaid overtime compensation, $29,977.32 in liquidated damages, and $10,000 in statutory damages; (3) awarding plaintiff $405 in costs; and (4) awarding plaintiff prejudgment interest at a daily rate of $7.39 from November 22, 2023, through the date judgment is entered, but (5) denying plaintiff's motion to the extent plaintiff seeks damages for unpaid minimum wages. (Id.) Judge Cho advised the parties that they had fourteen days from the date that R&R was received to file objections. (Id.) To date, neither party has filed an objection to the R&R, and the time to do so has passed. See Fed. R. Civ. P. 72(b)(2). Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, adopts the R&R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Therefore, it is ordered that the R&R is adopted in its entirety. The Clerk of Court is directed to enter judgment in favor of plaintiff and to close this case.

SO ORDERED.

/s/ Ramón E. Reyes, Jr. RAMÓN E. REYES, JR. United States District Judge

Dated: March 27, 2026 Brooklyn, New York