Opinion
20-cv-8088 (ALC) (SLC)
08-30-2022
EDWARD WOODS AND TYRONE HILTON, Plaintiffs, v. FITZCON CONSTRUCTION/REN CORP. ET AL., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
ANDREW L. CARTER, JR., DISTRICT JUDGE:
On November 16, 2020, this matter was referred to United States Magistrate Judge Sarah L. Cave for general pretrial matters. ECF No. 24. On February 15, 2022, this Court issued an amended Order of Reference, referring Plaintiffs' motion for Default Judgment as to Esco Hirf Co. Inc. and Martin Tevlin. ECF No. 62. The Court now considers the Report and Recommendation issued by Magistrate Judge Cave. ECF No. 74.
Despite notification of the right to object to the Report and Recommendation, no objections were filed. Where no timely objections are made, the Court may adopt the Report and Recommendation as long as there is no clear error on the face of the record. Sacks v. Gandhi Eng'g, Inc., 999 F.Supp.2d 629, 632 (S.D.N.Y. 2014) (citing Wilds v. United Parcel Serv., 262 F.Supp.2d 163, 169 (S.D.N.Y. 2003)). In light of the lack of any objections to the Report and Recommendation and the fact that Court finds no clear error in the record, the Court adopts the Report and Recommendation in its entirety.
Therefore, a default judgment is entered against Defendants Esco Hirf Co. Inc. and Martin Tevlin for violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., New York Labor Law (“NYLL”), §§ 190 et seq. and 650 et seq., New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §§ 296 et seq., New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code §§ 8-101 et seq., and 42 U.S.C. § 1981 (“Section 1981”). The calculation of damages against Defendants Esco Hirf Co. Inc. and Martin Tevlin is deferred until the case is resolved.
The Clerk of Court is respectfully directed to enter default judgment in favor of Plaintiffs and against Defendants Esco Hirf Co. Inc. and Martin Tevlin. The Clerk of Court is also respectfully directed to terminate the motion at ECF No. 55. Plaintiffs shall serve this order upon Defendants Esco Hirf Co. Inc. and Martin Tevlin and file proof of service by September 7, 2022.
SO ORDERED.