Restrepo v. Dynamic Fire, Inc.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
HUMBERTO RESTREPO,
Plaintiff,
– against –
DYNAMIC FIRE, INC.,
Defendant.
MEMORANDUM & ORDER
25-cv-02079 (NCM) (JAM)
NATASHA C. MERLE, United States District Judge:
This 	Court 	has 	received 	the 	Report 	and 	Recommendation 	(“R&R”) 	dated
November 3, 2025, from the Honorable Joseph A. Marutollo, United States Magistrate
Judge. ECF No. 19. No objections have been filed.
The Court reviews “de novo any part of the magistrate judge’s disposition that has
been properly objected to.” Fed. R. Civ. P. 72(b); see also Park v. Kim, No. 20-cv-02636,
2022 WL 3643966, at *2 (E.D.N.Y. Aug. 24, 2022), aff’d, 91 F.4th 610 (2d Cir. 2024).
Where no timely objections have been filed, “the district court need only satisfy itself that
there is no clear error on the face of the record.” Finley v. Trans Union, Experian, Equifax,
No. 17-cv-00371, 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24, 2017) (quoting Estate of
Ellington ex rel. Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y.
2011)).
Having reviewed the record, the Court finds no clear error. The Court therefore
adopts the Report and Recommendation, in its entirety, as the opinion of the Court
pursuant to 28 U.S.C. § 636(b)(1).
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Accordingly, plaintiff’s motion for default judgment is granted in part and denied
in part. Plaintiff is awarded withdrawal liability in the principal amount of $809,533;
interest in the amount of $29,098.83 through July 15, 2025; liquidated damages in the
amount of $161,906.60; attorneys’ fees in the amount of $3,444; costs in the amount of
$555.36; continued interest on the principal withdrawal liability of $809,533 from July 16,
2025 through the date of payment at the monthly rate of 8%; and postjudgment interest
on the balance of the judgment amount at the statutory rate. The Clerk of Court is
respectfully directed to enter judgment and close the case.
SO ORDERED.
/s/ Natasha C. Merle
NATASHA C. MERLE
United States District Judge
Dated: 	February 9, 2026
Brooklyn, New York
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