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CARTER v. COPY TRAIN

United States District Court, S.D. New York


January 6, 2004.

THEODORE CARTER, Plaintiff, -against- COPY TRAIN, INC., Defendant

The opinion of the court was delivered by: MICHAEL DOLINGER, Magistrate Judge

OPINION AND ORDER

On December 9, 2003, at the conclusion of a short bench trial, this Court issued from the bench a set of tentative findings of fact and conclusions of law. In doing so we permitted the parties to submit objections or requests for modification of those tentative findings of fact and conclusions of law by no later than December 12, 2003.

Neither party has submitted any requests or objections. Accordingly, the tentative findings and conclusions found at pages 75 to 81 of the transcript are adopted as the formal findings and conclusions of the Court.*fn1 In accordance with those findings plaintiff is awarded judgment in the amount of $4,470.00, Page 2 representing unpaid wages and overtime totalling $2,235.00, and liquidated damages in the same amount.

  In the course of our findings and conclusions, we determined that plaintiff is also entitled to an award of reasonable attorney's fees and we specified that plaintiff was to serve and file an application within one week thereafter. Although we have received an application for fees and expenses from plaintiff's counsel dated December 15, 2003, it contains no indication that it was ever served on defendant's attorney and we have, not surprisingly, received no response from the defendant. Since it appears that the plaintiff has not complied with our instructions concerning the service of a fee application, we decline to take any action on the purported application.

  Judgment shall be entered in accordance with the foregoing findings.

  SO ORDERED.


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