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  5. 970 F.Supp.2d 131 (2013)
 

JOSEPH v. HDMJ RESTAURANT, INC.

No. 09-CV-0240 (JS)(AKT).

970 F.Supp.2d 131 (2013)

Germelia JOSEPH, Plaintiff, v. HDMJ RESTAURANT, INC., Defendant.

United States District Court, E.D. New York.

September 9, 2013.

Attorney(s) appearing for the Case

Edward Lee Sample, II, Esq., Frank & Associates, P.C., Farmingdale, NY, for Plaintiff.

No appearance for Defendant.

MEMORANDUM & ORDER

SEYBERT, District Judge:

Presently before the Court is Magistrate Judge A. Kathleen Tomlinson's Report and Recommendation ("R & R"), issued on August 19, 2013. For the following reasons, the Court ADOPTS this R & R in its entirety.

BACKGROUND

Plaintiff Germelia Joseph ("Plaintiff") commenced this action on January 20, 2009, against HDMJ Restaurant, Inc. ("HDMJ"), George Athanasopoulos, Gus Athanasopoulos...

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