Marvici v. Roche Facilities Maintenance LLC

Background

The court had previously entered a default judgment against Roche Facilities Maintenance LLC and Stephen Roche. The case was referred to Magistrate Judge James L. Cott to conduct an inquest into damages. On September 8, 2023, Judge Cott issued a Report and Recommendation proposing damages, interest, and attorneys’ fees and costs for the plaintiffs.

Recommended Awards

The Report and Recommendation proposed:

- $57,009 for Plaintiff Marvici, including 9% prejudgment interest on $2,744.50 from November 21, 2020, through the date of final judgment; - $4,092 for Plaintiff Fadil, including 9% prejudgment interest on $2,046.40 from December 15, 2020, through the date of final judgment; - A 15% increase under the New York Labor Law if any damages remained unpaid 90 days after judgment, except for Plaintiff Marvici’s $51,520 in lost wages, which were awarded under the federal Fair Labor Standards Act; - $18,194.50 in attorneys’ fees and costs; and - Post-judgment interest calculated under 28 U.S.C. § 1961(a).

Objections and Ruling

The Report and Recommendation gave the parties 14 days after service to object and warned that failing to object on time would waive the right to object. Plaintiffs served the report on Defendants on September 28, 2023. No objections or extension request was filed.

The court held that Defendants therefore waived their right to object to the Report and Recommendation or obtain appellate review. Even so, the court reviewed the report and found it well reasoned and supported by the facts and law. Judge Arun Subramanian adopted the Report and Recommendation in its entirety, directed the Clerk to enter judgment, and directed that the case be closed.