Ciapara v. Newline W P Services, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

GERARDO CIAPARA,

Plaintiff,

v. Case No. 6:22-cv-929-RBD-LHP

NEWLINE W P SERVICES, INC.; and ARTEMIO RAMIREZ,

Defendants. ____________________________________

ORDER In this Fair Labor Standards Act case, Plaintiff moved for default judgment. (Doc. 23 (“Motion”).) On referral, U.S. Magistrate Judge Leslie Hoffman Price entered a Report and Recommendation that the Court should grant the Motion in large part—refining only the amount of the judgment. (Doc. 24 (“R&R”).) The parties did not object, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 24) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety. 2. The Motion (Doc. 23) is GRANTED IN PART AND DENIED IN PART: a. The Motion is GRANTED in that the Clerk is DIRECTED to

enter a default judgment in favor of Plaintiff Gerardo Ciapara and against Defendants Newline W P Services, Inc. and Artemio Ramirez in the total amount of $18,857.96, allocated as

follows: i. $2,090.48 in wages on the unpaid overtime claim (Count I); ii. $2,090.48 in liquidated damages on the unpaid

overtime claim; iii. $2,880.00 in wages on the retaliation claim (Count II);

iv. $2,880.00 in liquidated damages on the retaliation claim; v. $8,360.00 in attorney’s fees; and

vi. $557.00 in costs. b. In all other respects, the Motion is DENIED. 3. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on September

14, 2023. uy ROY B DALTON, JR. □ United States District Judge