Duran v. M.S.T.A.S. LTD.
- Gregory Woods
- 1:20-cv-09228
- U.S. District Court · Southern District of New York
- 2
In Duran v. M.S.T.A.S. LTD., Judge Woods adopted the recommendation and entered a $60,781.66 judgment against the defendants.
Cynthia Duran received a judgment totaling $60,781.66 against M.S.T.A.S. LTD. and David Kube, who were made jointly and severally liable for the amount.
What happened
In Duran v. M.S.T.A.S. LTD., the court considered a magistrate judge’s report and recommendation concerning unpaid overtime wages. Because the defendants submitted no additional objections, the court reviewed the recommendation for clear error.
The court found no clear error and adopted the recommendation in its entirety. It also awarded $11,160.56 in prejudgment interest, bringing the total judgment to $60,781.66. The defendants were held jointly and individually responsible for that amount.
Judge Woods’s court directed the Clerk to enter the judgment and closed the case. The opinion does not provide the underlying report and recommendation’s full reasoning.
The detailed version
- Duran v. M.S.T.A.S. LTD. · No. 1:20-cv-09228
- Gregory Woods
- Oct. 30, 2023
Background
The judgment concerns Cynthia Duran’s claim for unpaid overtime wages against M.S.T.A.S. LTD., also identified as Stat Medical Answering Service, and David Kube. The court’s judgment refers to a report and recommendation by Magistrate Judge Figueredo, but the provided text does not include that report’s analysis.
Court’s review
Because the defendants submitted no additional objections, the court reviewed the report and recommendation for clear error. Clear-error review asks whether the record shows an obvious mistake. The court found no clear error and accepted and adopted the report and recommendation in its entirety.
Judgment
The court adopted the recommendation to award prejudgment interest on the unpaid overtime wages at a statutory rate of 9% per year, calculated from September 30, 2018, through the date judgment was entered. The court calculated that interest as $11,160.56, making the total award $60,781.66. It directed the Clerk of Court to enter judgment against M.S.T.A.S. LTD. and David Kube, who are jointly and severally liable, meaning each is responsible for the full amount. The case was closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.