CIAPARA
v.
NEWLINE W P SERVICES, INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Court adopted the Magistrate Judge's Report and Recommendation, granting Plaintiff's motion for default judgment in part and denying it in part.
Plaintiff moved for default judgment in a Fair Labor Standards Act case. A Magistrate Judge recommended granting the motion in large part, refining on…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Clear Error Standard cases and more on FLexlaw
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 F. App’x 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 in Chambers in Orlando, Florida, on September
14, 2023. uy ROY B DALTON, JR. United States District Judge