CLERK'S JUDGMENT, in favor of Jeffrey Callier, Maac Rogers against Superior Building Services, Inc., Superior Facility Services, Corp., Kendall Harrington. ORDERED and ADJUDGED that the unopposed Report and Recommendation of Mag. Judge Azrack is adopted; that judgment is hereby entered in favor of pltffs, Jeffrey Callier and Mae Rogers and against the defendants, Superior Building Services, Inc., Superior Facility Services Corp., and Kendal Harrington, in the total amount of $32,962.75 as follows: for Callier, $7,752.87 in unpaid overtime wages; $9,211.09 in liquidated damages; and $1,625.78 in prejudgment interest; for Rogers, $561.36 in unpaid overtime wages; $701.70 in liquidated damages; and $79.83 in prejudgment interest; plus $12,412.12 in attorneys fees and $618.00 in costs. So Ordered by Robert C. Heinemann, Clerk of Court on 1/24/2011. C-E/M, C-M as to deft. Harrington. (Layne, Monique) Modified on 1/26/2011. (Entered: 01/25/2011)
ORDER ADOPTING REPORT AND RECOMMENDATIONS, The R&R of M.J. Azrack dtd. 12/22/10, which thoroughly reviewed the facts is, after due consideration, hereby adopted in its entirety. Accordingly, it is hereby ordered that judgment be entered against the defendants in the total amount of $32,962.75 to be awarded as set forth herein. (See Order for details). So Ordered by Senior Judge I. Leo Glasser on 1/20/2011. C-E/M. Modified on 1/21/2011. (Layne, Monique). (Entered: 01/21/2011)
AFFIDAVIT of Service for Report and Recommendation served on Kendall Harrington on December 28, 2010, filed by Jeffrey Callier, Maac Rogers. (Smith, Jennifer) (Entered: 12/28/2010)
REPORT AND RECOMMENDATIONS re 8 MOTION for Default Judgment: For the reasons articulated in the attached Report and Recommendation, I respectfully recommend that the Court enter judgment against defendants in the total amount of $32,962.75. For Callier, this consists of $7,752.87 in unpaid overtime wages, $9,211.09 in liquidated damages, and $1,625.78 in prejudgment interest. For Rogers, this consists of $561.36 in unpaid overtime wages, $701.70 in liquidated damages, and $79.83 in prejudgment interest. The total amount also includes my recommendation of $12,412.12 in attorneys' fees and $618 in costs. Plaintiffs are hereby ordered to promptly serve a copy of this Report and Recommendation on defendants and to file proof of service by ECF. Any objections must be filed with the Clerk of the Court, with a copy to the undersigned, within fourteen (14) days of the date of receipt of this Report and Recommendation. Ordered by Magistrate Judge Joan M. Azrack on 12/22/2010. (Palfreyman, Brendan) (Entered: 12/22/2010)
AFFIDAVIT of Service for Memorandum of Law in Support of Plaintiffs' Request for Default and Accomanying Declarations and Exhibits served on Kendall Harrington on July 26, 2010, filed by Jeffrey Callier, Maac Rogers. (Smith, Jennifer) (Entered: 07/26/2010)
AFFIDAVIT/DECLARATION in Support re 8 MOTION for Default Judgment as to all Defendants filed by Jeffrey Callier, Maac Rogers. (Attachments: # 1 Exhibit Exhibit A) (Smith, Jennifer) (Entered: 07/20/2010)
AFFIDAVIT/DECLARATION in Support re 8 MOTION for Default Judgment as to all Defendants filed by Jeffrey Callier, Maac Rogers. (Attachments: # 1 Errata Exhibit A) (Smith, Jennifer) (Entered: 07/20/2010)
AFFIDAVIT/DECLARATION in Support re 8 MOTION for Default Judgment as to all Defendants filed by Jeffrey Callier, Maac Rogers. (Attachments: # 1 Exhibit Exhibit A, Part 1, # 2 Errata Exhibit A Part 2) (Smith, Jennifer) (Entered: 07/20/2010)
AFFIDAVIT of Service for Order Granting Plaintiffs' Request for an Extension of Time served on Kendall Harrington on July 15, 2010, filed by Jeffrey Callier. (Smith, Jennifer) (Entered: 07/16/2010)
MOTION for Extension of Time to File Memorandum of Law in Support of Plaintiffs' Request for Damages by Jeffrey Callier. (Smith, Jennifer) (Entered: 07/12/2010)
MOTION for Extension of Time to File Additional Written Materials in Support of Plaintiffs' Request for Damages by Jeffrey Callier, Maac Rogers. (Smith, Jennifer) (Entered: 06/24/2010)
AFFIDAVIT of Service for Scheduling Order dated April 29, 2010 served on Kendall Harrington on June 15, 2010, filed by Jeffrey Callier. (Smith, Jennifer) (Entered: 06/15/2010)
DEFAULT JUDGMENT granting 8 Motion for Default Judgment; DEFAULT JUDGMENT in favor of Jeffrey Callier, Maac Rogers against Superior Building Services, Inc., Superior Facility Services, Corp., Kendall Harrington (Sica, Michele) (Entered: 05/03/2010)
MOTION for Default Judgment as to all Defendants by Jeffrey Callier, Maac Rogers. (Attachments: # 1 Proposed Order) (Menken, Bruce) (Entered: 04/28/2010)
Clerk's ENTRY OF DEFAULT as to Kendall Harrington, Superior Building Services, Inc., Superior Facility Services, Corp. Motions terminated: 6 MOTION for Entry of Default filed by Jeffrey Callier. (Hamilton, Janet) (Entered: 04/08/2010)
MOTION for Entry of Default by Jeffrey Callier. (Attachments: # 1 Proposed Notation of Default, # 2 Affidvait in Support of Request for Entry of Default) (Menken, Bruce) (Entered: 03/31/2010)
ORDER granting 12 Motion for Extension of Time to File: plaintiff shall file motion papers regarding damages no later than 7/20/10, serving copies of same on defendant and filing proof of service on ECF. If defendant wishes to oppose the motion, defendant is to file and serve its response by 8/3/10. No hearing will be held unless requested by the parties. Requests for a hearing must be made via letter motion filed on ECF no later than 8/3/10. Plaintiff shall serve a copy of this Order on defendant and file an affidavit of service on ECF by 7/16/10. The Court will not entertain Plaintiffs' motion for damages unless plaintiff complies with the service directives of this Order. Ordered by Magistrate Judge Joan M. Azrack on 7/13/2010. (Bhatt, Tina)
ORDER granting 11 Motion for Extension of Time to File: plaintiff shall file motion papers regarding damages no later than 7/13/10, serving copies of same on defendant and filing proof of service on ECF. If defendant wishes to oppose the motion, defendant is to file and serve its response by 7/27/10. No hearing will be held unless requested by the parties. Requests for a hearing must be made via letter motion filed on ECF no later than 7/27/10. Plaintiff shall serve a copy of this Order on defendant and file proof of service on ECF by 7/2/10. Ordered by Magistrate Judge Joan M. Azrack on 6/25/2010. (Bhatt, Tina)
SCHEDULING ORDER: On April 29, 2010, Judge Glasser granted plaintiffs' motion for default judgment as to liability and referred plaintiffs request for damages, attorneys' fees, and costs to Judge Azrack. Accordingly, plaintiffs are to submit any additional written materials in support of the requested relief no later than 6/29/10, serving copies of same on defendant and filing proof of service on ECF. If defendant wishes to oppose the motion, defendant is to file its response by 7/13/10. No hearing will be held unless requested by the parties. Requests for a hearing must be made via letter motion filed on ECF no later than 7/13/10. Plaintiff shall serve a copy of this Order on defendant and file proof of service on ECF by 6/15/10. Ordered by Magistrate Judge Joan M. Azrack on 6/8/2010. (Bhatt, Tina)
SCHEDULING ORDER: In light of the pending motion for a default judgment and the Clerks entry of default, the Initial Conference set for 3/2/10, at 11:00 AM before Magistrate Judge Azrack is adjourned without date. In the event the default is not granted or the Defendant appears, the Initial Conference will be rescheduled. Ordered by Magistrate Judge Joan M. Azrack on 3/1/2010. (Docherty, Kerry)
SCHEDULING ORDER: An Initial Conference will be held in Courtroom 6E, 225 Cadman Plaza East, before Magistrate Judge Azrack on March 2, 2010 at 11:00 AM. All counsel must be present and are advised to review Judge Azrack's revised Individual Rules, which are available on the District Court's web site, prior to the conference. Plaintiff's counsel is directed to confirm with defendant's counsel that all necessary participants are aware of this conference. Any request for an adjournment must be made in the form of a letter motion filed on ECF at least forty-eight (48) hours before the scheduled conference and must indicate which parties consent to the adjournment.Ordered by Magistrate Judge Joan M. Azrack on 10/28/2009. (Docherty, Kerry)
SUMMONS Returned Executed by Jeffrey Callier. Superior Facility Services, Corp. served on 11/2/2009, answer due 11/23/2009. (Menken, Bruce) (Entered: 12/16/2009)
SUMMONS Returned Executed by Jeffrey Callier. Superior Building Services, Inc. served on 11/2/2009, answer due 11/23/2009. (Menken, Bruce) (Entered: 12/16/2009)
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