CUMMINGS
v.
MNR RAMY, INC.
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The court adopted the Magistrate Judge's Report and Recommendation, granting the plaintiff's motion for sanctions in part and awarding damages, attorney's fees, and costs.
Plaintiff moved for sanctions, attorney's fees, and costs. A Magistrate Judge recommended granting the motion in part, awarding specific amounts for u…
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Plaintiff moved for sanctions, including the entry of a default judgment against Defendants, and for reasonable costs including attorney’s fees, on June 6, 2020 and again a month later. (Doc. 27, 28 (collectively, “Sanctions Motions”).) On recommendation of U.S. Magistrate Judge Gregory J. Kelly, the Court granted the Sanctions Motion but referred the matter back to Judge Kelly for a determination of amount. (Docs. 29, 30.) Plaintiff then filed a motion for damages and attorneys’ fees. (Doc. 34 (“Fees Motion”).) On referral, Judge Kelly recommends granting the Fees Motion in part, awarding $20,250 in damages, $20,017.50 in attorneys’ fees, and $640 in costs. (Doc. 35 (“R&R”).) The parties did not object to the R&R, and the time for doing so has now passed. So the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation (Doc. 35) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiff's Motion for Sanctions (Doc. 27) is GRANTED. 3. Plaintiff's Second Motion for Sanctions (Doc. 28) is GRANTED. 4. Plaintiff's Motion to Quantify Damages and Expenses, Including Attorney’s Fees (Doc. 34) is GRANTED IN PART AND DENIED IN PART:
a. Plaintiff is AWARDED $20,250.00 in unpaid overtime wages and liquidated damages under the Fair Labor Standards Act (“FLSA”). b. Plaintiff is AWARDED $20,017.50 in attorney’s fees under the FLSA. C. Plaintiff is AWARDED $640.00 in costs. d. In all other respects, the Fees Motion is DENIED. DONE AND ORDERED in Chambers in Orlando, Florida, on November 6, 2020.
Se el ROY B. DALTON JR: United States District Judge
Copies to: Counsel of Record