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John Siemieniewicz v. Caz Contracing Corp. (Sic)

UNITED STATES DISTRICT COURT NOT FOR PUBLICATION EASTERN DISTRICT OF NEW YORK


October 18, 2012

JOHN SIEMIENIEWICZ
PLAINTIFF,
v.
CAZ CONTRACING CORP. (SIC), ET AL., DEFENDANTS.

The opinion of the court was delivered by: John Gleeson, United States District Judge:

ORDER

I have reviewed Judge Orenstein's Report & Recommendation ("R & R") dated September 21, 2012 (ECF No. 38) and the plaintiff's objection thereto (ECF No. 40). Finding insufficient merit to the objection, the R & R is adopted in full with the single exception described below.

Accordingly, plaintiff's motion for entry of a default judgment is denied and the court instead dismisses the complaint sua sponte. However, the plaintiff is hereby granted leave to serve and file an amended complaint alleging facts sufficient to impose FLSA liability against defendants. If plaintiff files an amended complaint that cures the pleading deficiencies, and if defendants again default in this action, the court will also adopt the R & R's calculation of damages in the total amount of $47,150.52, consisting of awards for $5,335.88 in unpaid overtime wages; $29,008.45 for unlawful wage reductions; $803.25 in spread-of-hours compensation; $14,122.77 in liquidated damages; $7,426.05 in prejudgment interest; $2,454.12 in attorney's fees and costs;*fn1 and a setoff of $12,000 for the amount plaintiff has already received in settlement from other defendants.

Plaintiff is hereby directed to serve a copy of this Order upon defendants at their last known address, and to file proof of service with the court.

So ordered.

John Gleeson, U.S.D.J.


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