Rodriguez Rodriguez v. Lucky Lotto Grocery Deli Corp

E.D. New York

Rodriguez Rodriguez v. Lucky Lotto Grocery Deli Corp

DecidedAugust 12, 2024

Docket1:22-cv-02256

StatusUnknown

This text of Rodriguez Rodriguez v. Lucky Lotto Grocery Deli Corp (Rodriguez Rodriguez v. Lucky Lotto Grocery Deli Corp) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rodriguez Rodriguez v. Lucky Lotto Grocery Deli Corp, (E.D.N.Y. 2024).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

RODRIGUEZ RODRIGUEZ, 22-CV-2256 (ARR) (JRC) Plaintiff, NOT FOR ELECTRONIC OR — against — PRINT PUBLICATION

LUCKY LOTTO GROCER DELI CORP ET AL, JUDGMENT

Defendants.

ROSS, United States District Judge: This Court has received the Report and Recommendation on the instant case dated July 19, 2024, from the Honorable James R. Cho, United States Magistrate Judge. See R.& R., ECF No. 40. No objections have been filed. The Court reviews “de novo any part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b); see also Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-874 (CBA)(LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011), aff’d, 472 F. App’x 73 (2d Cir. 2012) (summary order). Where no timely objections have been filed, “the district court need only satisfy itself that there is no clear error on the face of the record.” Finley v. Trans Union, Experian, Equifax, No. 17-CV- 0371 (LDH)(LB), 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24, 2017) (quoting Est. of Ellington ex rel. Ellington v. Harbrew Imps. Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011)). Having reviewed the record, I find no clear error. I therefore adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the default motion is granted against defendants Lucky Lotto Grocery Deli Corp., NY Deli Grill Corp., Flatbush Garden Deli Corp., Saleh A. Muthana, and Saddam Gharama, jointly and severally. I award plaintiff damages totaling $480,409, consisting of $235,204.50 in unpaid overtime compensation, $10,000 in statutory damages, and $235,204.50 in liquidated damages. In addition, I award plaintiff prejudgment interest at a rate of nine percent per annum from December 21, 2018 until the entry of judgment.

SO ORDERED.

________/s/______________ Allyne R. Ross United States District Judge

Dated: August 12, 2024 Brooklyn, New York

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

RODRIGUEZ RODRIGUEZ, 22-CV-2256 (ARR) (JRC) Plaintiff, NOT FOR ELECTRONIC OR — against — PRINT PUBLICATION

LUCKY LOTTO GROCER DELI CORP ET AL, JUDGMENT

Defendants.

ROSS, United States District Judge: This Court has received the Report and Recommendation on the instant case dated July 19, 2024, from the Honorable James R. Cho, United States Magistrate Judge. See R.& R., ECF No. 40. No objections have been filed. The Court reviews “de novo any part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b); see also Brissett v. Manhattan & Bronx Surface Transit Operating Auth., No. 09-CV-874 (CBA)(LB), 2011 WL 1930682, at *1 (E.D.N.Y. May 19, 2011), aff’d, 472 F. App’x 73 (2d Cir. 2012) (summary order). Where no timely objections have been filed, “the district court need only satisfy itself that there is no clear error on the face of the record.” Finley v. Trans Union, Experian, Equifax, No. 17-CV- 0371 (LDH)(LB), 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24, 2017) (quoting Est. of Ellington ex rel. Ellington v. Harbrew Imps. Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011)). Having reviewed the record, I find no clear error. I therefore adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the default motion is granted against defendants Lucky Lotto Grocery Deli Corp., NY Deli Grill Corp., Flatbush Garden Deli Corp., Saleh A. Muthana, and Saddam Gharama, jointly and severally. I award plaintiff damages totaling $480,409, consisting of $235,204.50 in unpaid overtime compensation, $10,000 in statutory damages, and $235,204.50 in liquidated damages. In addition, I award plaintiff prejudgment interest at a rate of nine percent per annum from December 21, 2018 until the entry of judgment.

SO ORDERED.

________/s/______________ Allyne R. Ross United States District Judge

Dated: August 12, 2024 Brooklyn, New York

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