JOSE BARRERA SANCHEZ v. MS WINE SHOP INC BEST BUY WINE SPIRITS JUAN LOPEZ (2022)

ORDER ADOPTING REPORT AND RECOMMENDATIONS:

The Court adopts Magistrate Judge Taryn A. Merkl's 19 Report and Recommendation (“R&R”) in its entirety. Plaintiff filed his 15 motion for default judgment on July 7, 2022. This Court referred the motion to Judge Taryn A. Merkl on July 10, 2022. (07/10/2022 Docket Order.) Judge Merkl issued the 19 R&R on November 15, 2022. Any objections were due by November 29, 2022. No objections have been filed. “When no timely objection is filed” to a magistrate judge's R&R on a referred motion, “the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b), advisory committee's note to 1983 amendment; Colvin v. Berryhill, 734 F. App'x 756, 758 (2d Cir. 2018); see also Thomas v. Arn, 474 U.S. 140, 153 (1985) (“Congress would not have wanted district judges to devote time to reviewing magistrate's reports except to the extent that such review is requested by the parties or otherwise necessitated by Article III of the Constitution.”).

The Court has reviewed Judge Merkl's thorough and well-reasoned R&R and finds no clear error on the face of the record. Accordingly, Plaintiff's 15 motion for default judgment is granted and Plaintiff is awarded $177,065.78 in compensatory damages and $177,065.78 in liquidated damages. Additionally, the Court awards prejudgment interest on Plaintiff's unpaid overtime wages, minimum wage damages, and spread of hours compensation of $177,065.78 at a per diem interest rate of $43.66 from March 10, 2019, to the date of this Courts judgment. Lastly, post-judgment interest is awarded at the rate set forth in 28 U.S.C. § 1961(a) and a fifteen-percent (15%) increase in damages, not including post-judgment interest, is awarded for any amounts that are not paid within ninety days of judgment or the expiration of time to appeal. The Clerk of Court is respectfully directed to enter judgment.

Ordered by Judge Pamela K. Chen on 11/30/2022. (LC) (Entered: 11/30/2022)

Judge Pamela K. Chen