Marcia M. Henry

“On November 30, 2021, Magistrate Judge Marcia M. Henry issued a Report and Recommendation (‘R&R’) recommending that default judgments against Defendants Claire Construction Corp., Homeport LLC, HP Services Inc., Shallan Haddad, and Walter Orue be held in abeyance pending decisions on Defendants Claire Construction Corp. and Homeport LLC's motions to vacate the Clerk's entry of default.”

“By report and recommendation dated February 6, 2025, Magistrate Judge Marcia M. Henry recommended that the Court deny Plaintiff's motion to amend the Complaint (the ‘R&R’). ... the Court adopts the R&R in its entirety and denies Plaintiff's motion to amend the Complaint.”

“Magistrate Judge Marcia M. Henry recommended that the Court deny with prejudice plaintiff Wendy Baez's ‘Request for Sum Certain Default Judgment.’ ... the Court ... adopts the R&R in its entirety. Therefore, it is ordered that the R&R is adopted in its entirety, and this action is dismissed with prejudice.”

“Judge Henry recommended that the motion be denied because the TSO who conducted the pat-down falls within the ‘investigative or law enforcement officers’ proviso of 28 U.S.C. § 2680(h) and, therefore, sovereign immunity does not bar Plaintiff's suit against the TSA. ... Defendant's motion to dismiss is denied in its entirety”

“The Court agrees with Judge Henry that the TSA is entitled to summary judgment on both Plaintiff's assault claim and his battery claim and adopts the R&R in its entirety. ... Defendant's motion for summary judgment is granted in its entirety, and Plaintiff's Freedom of Information Act claim is dismissed as moot.”

“By report and recommendation dated March 18, 2025, Judge Henry recommended that the Court (1) grant Plaintiff's motion to amend the case caption to reflect Obayah's legal name and (2) grant in part and deny in part Plaintiff's motion for default judgment ... Judge Henry therefore recommended that the Court deny Plaintiff's motion for default judgment as to Obayah.”

“I therefore adopt the Report and Recommendation, in its entirety, as the opinion of the Court ... Accordingly, plaintiff's motion for default judgment is granted in part and denied in part. Plaintiff is awarded $175,173.82 in damages: including (1) $54,535.47 for unpaid overtime wages; (2) $28,051.44 in unpaid spread of hours pay; (3) $82,586.91 in liquidated damages; and (4) $10,000 for wage notice and wage statement violations.”

“plaintiff's motion for default judgment is granted in part and denied in part. The Clerk of Court shall enter default judgment against Defendant Ghost Fitness NYC, LLC on Counts I, II, IV, V, VII, and VIII. Plaintiff is awarded $5,051,415.00, including $5,051,013.00 in treble damages and $402.00 in costs”

“for judgment at ECF No. 18 should be granted in part”

“Plaintiff’s motion for default judgment at ECF No. 29, as supplemented by ECF No. 37, should be granted in part”

“For the foregoing reasons, the Court respectfully recommends that Plaintiff’s motion to enforce judgment at ECF No. 56 should be granted in that judgment should be entered against Defendants Robert Eliodromytis and K & T Provisions, Inc. jointly and severally in the amount of $36,060.00, including $23,000.00 for outstanding principal, $10,000.00 for liquidated damages, and $3,060.00 for attorneys’ fees incurred for enforcement of the parties’ Agreement. The Court also respectfully recommends that defense counsel Albert Rizzo, Esq.’s motion to withdraw representation at ECF No. 66 should be granted, and his related letter motion for leave to file under seal at ECF No. 59 should be denied as withdrawn.”

“defense counsel Albert Rizzo, Esq.’s motion to withdraw representation at ECF No. 66 should be granted”

“his related letter motion for leave to file under seal at ECF No. 59 should be denied as withdrawn.”