Opinion
6:22-cv-929-RBD-LHP
09-14-2023
GERARDO CIAPARA, Plaintiff, v. NEWLINE W P SERVICES, INC.; and ARTEMIO RAMIREZ, Defendants.
ORDER
ROY B. DALTON, JR., United States District Judge.
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 Fed.Appx. 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.