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D'Costa v. Abacus Foodmart, Inc.

United States District Court, Southern District of Texas
Feb 13, 2023
Civil Action 4:21-CV-04031 (S.D. Tex. Feb. 13, 2023)

Opinion

Civil Action 4:21-CV-04031

02-13-2023

JOYE D'COSTA, Plaintiff, v. ABACUS FOODMART, INC., et al., Defendants.


ORDER

Honorable Alfred H. Bennett,Judge

Before the Court is United States Magistrate Judge Yvonne Y. Ho's Amended Memorandum and Recommendation filed on January 26, 2023. Doc. #22. The deadline for filing objections has passed, and no objections have been filed. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Memorandum and Recommendation for clear error. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Finding no clear error, the Court adopts the Memorandum and Recommendation in its entirety.

Accordingly, Plaintiff Joye D'Costa's Motion for Default Judgment (Doc. #11) is hereby GRANTED against Defendants Abacus FoodMart Inc. and Abacus FoodMart 1, Inc. (collectively, the “Abacus Entities”). Plaintiff is entitled to overtime wages of $2,376.00; liquidated damages of $2,376.00; initial filing fee costs of $402.00; and reasonable attorney's fees after the Court enters a final judgment on all claims against all parties. Plaintiffs request for additional damages and costs against the Abacus Entites is DENIED. Furthermore, Plaintiffs Motion is hereby DENIED without prejudice as to Defendant Lukos Abraham. A

It is so ORDERED.


Summaries of

D'Costa v. Abacus Foodmart, Inc.

United States District Court, Southern District of Texas
Feb 13, 2023
Civil Action 4:21-CV-04031 (S.D. Tex. Feb. 13, 2023)
Case details for

D'Costa v. Abacus Foodmart, Inc.

Case Details

Full title:JOYE D'COSTA, Plaintiff, v. ABACUS FOODMART, INC., et al., Defendants.

Court:United States District Court, Southern District of Texas

Date published: Feb 13, 2023

Citations

Civil Action 4:21-CV-04031 (S.D. Tex. Feb. 13, 2023)

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D'Costa v. Abacus FoodMart Inc., No. 4:21-CV-04031, 2023 WL 1094019, at *5 (S.D. Tex. Jan. 26, 2023), report…

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