Marco Antonio Sanchez Juarez, Janet Gutierrez Individually and On Behalf of Others Similarly Situated v. 156-40 Grill LLC d/b/a Taverna Greek Grill, Evangelos Pollatos, Maria Karras-Pollatos, Michael Siderakis, and Konstantinos Siklas

Summary

The Eastern District of New York adopted a magistrate judge’s unopposed report and recommendation concerning plaintiffs’ counsel’s request for attorneys’ fees and costs incurred in defending an appeal arising from an FLSA and New York Labor Law action. The court granted the motion, directed amendment of the judgment to include previously awarded trial fees and costs and $10,335 in appellate fees, and ordered the case closed.

Holdings

1. When no timely objection is made to a magistrate judge's report and recommendation, the district court may accept it after satisfying itself that no clear error appears on the face of the record; the court found no clear error and adopted the report and recommendation.
2. Plaintiffs' counsel was entitled to the attorneys' fees and costs recommended for defending the appeal.
3. The judgment was to be amended to include the previously awarded $57,669.50 in trial attorneys' fees, $3,151.80 in trial costs, and $10,335.00 in appellate attorneys' fees, for a total of $71,156.30 in fees and costs.

Questions Presented

1. Whether the district court should adopt the unobjected-to report and recommendation after finding no clear error.
2. Whether plaintiffs' counsel should receive attorneys' fees and costs incurred in defending the appeal.
3. Whether the judgment should be amended to include the previously awarded trial attorneys' fees and costs and the additional appellate fee award.

Disposition

other