Begg v. New Life Wellness Arizona LLC et al

Filing 13

ORDER that Begg's motion for default judgment 10 is GRANTED as follows: Begg is awarded $2,453.85 against Defendants, jointly and severally. Begg is awarded an additional $795.15 against Defendant New Life. Begg is awarded post-judgm ent interest on the above amounts at a rate of 4.12%. IT IS FURTHER ORDERED that Begg's motion for attorney fees 11 is GRANTED in the amount of $4,583.50. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and terminate this case. Signed by Senior Judge Douglas L Rayes on 3/5/2025. (KLG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Denise Begg,

No. CV-24-00990-PHX-DLR
Plaintiff,

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v.

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New Life Wellness Arizona LLC, et al.,

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Defendants.

ORDER

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Plaintiff Denise Begg brings this action against her former employer, Defendant

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New Life Wellness Arizona, LLC (“New Life”), and its owner and a manager Defendant

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Darcy Emert-Roybal, alleging that they violated federal and state wage laws by failing to

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properly compensate Begg for all hours worked. Specifically, Begg contends that she did

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not receive her final paycheck. (Doc. 1.) Defendants failed to appear and respond to the

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complaint, despite being served. (Docs. 6, 7.) Begg applied for entry of default against

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Defendants, which the Clerk of the Court entered. (Docs. 8, 9.) Now before the Court is

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Begg’s motion for entry of default judgment (Doc. 10) and motion for attorney fees (Doc.

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11), both of which will be granted.

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Whether to enter a default judgment is discretionary. Aldabe v. Aldabe, 616 F.2d

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1089, 1092 (9th Cir. 1980). The Court may consider the following factors when deciding

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whether default judgment is appropriate: (1) the possibility of prejudice to the plaintiff, (2)

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the merits of the claims, (3) the sufficiency of the complaint, (4) the amount of money at

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stake, (5) the possibility of factual disputes, (6) whether default is due to excusable neglect,

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and (7) the policy favoring decisions on the merits. See Eitel v. McCool, 782 F.2d 1470,

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1471-72 (9th Cir. 1986). In considering the merits and sufficiency of the complaint, the

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Court accepts as true the complaint’s well-pled factual allegations. See Geddes v. United

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Fin. Grp., 559 F.2d 557, 560 (9th Cir. 1977). Although the Court should consider and

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weigh relevant factors as part of the decision-making process, it “is not required to make

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detailed findings of fact.” Fair Housing of Marin v. Combs, 285 F.3d 899, 906 (9th Cir.

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2002).

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These factors favor entry of default judgment. Begg’s complaint plausibly alleges

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that Defendants violated the Fair Labor Standard Act, Arizona’s Minimum Wage Statute,

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and Arizona’s Wage Statute by failing to pay her for all hours worked. If default judgment

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is not granted, Begg “will likely be without other recourse for recovery.” PepsiCo, Inc. v.

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Cal. Sec. Cans, 238 F. Supp. 2d 1172, 1177 (C.D. Cal. 2002). Because Defendants are in

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default, there are no genuine factual disputes that would preclude granting the motion. Id.

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There is no evidence that Defendants’ default was the result of excusable neglect. Begg

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seeks $2,453.85 against Defendants, jointly and severally, and an additional $795.15

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against New Life only, plus post-judgment interest and $4,583.50 in reasonable attorney

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fees. These amounts are supported by the law (as detailed in Begg’s default judgment

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motion) and substantiated by Begg’s affidavit (Doc. 10-1) and the evidentiary attachments

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to her motion for attorney fees (Docs. 11-1, 11-2, and 11-3). Finally, although cases

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“should be decided on their merits whenever reasonably possible” Eitel, 782 F.2d at 1472,

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the existence of Federal Rule of Civil Procedure 55(b) “indicates that this preference,

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standing alone, is not dispositive.” PepsiCo, 238 F. Supp. 2d at 1177 (citation omitted).

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Accordingly,

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IT IS ORDERED that Begg’s motion for default judgment (Doc. 10) is
GRANTED as follows:

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1. Begg is awarded $2,453.85 against Defendants, jointly and severally.

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2. Begg is awarded an additional $795.15 against Defendant New Life.

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3. Begg is awarded post-judgment interest on the above amounts at a rate of
4.12%.1

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IT IS FURTHER ORDERED that Begg’s motion for attorney fees (Doc. 11) is
GRANTED in the amount of $4,583.50.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly and terminate this case.
Dated this 5th day of March, 2025.

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Douglas L. Rayes
Senior United States District Judge

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See 28 U.S.C. 1961(a) (Such interest shall be calculated from the date of the entry
of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury
yield, as published by the Board of Governors of the Federal Reserve System, for the
calendar week preceding.).
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