Bell v. Fountain Hills Assisted Living LLC et al

Filing 41

ORDER that the Motion for Summary Judgment (Doc. 38 ) is GRANTED. It is further ordered that the Clerk of the Court shall enter Judgment for Plaintiff in the amount of $66,285.00. Signed by Senior Judge David C Bury on 10/15/2018. (SIB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Gina Bell,

No. CV-17-00217-TUC-DCB
Plaintiff,

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v.

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ORDER

Fountain Hills Assisted Living LLC, et al.,

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Defendants.

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On July 31, 2018, the Court notified the Defendants that a Motion for Summary

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Judgment (Doc. 38) had been filed and that failing to file a Response by August 24, 2018,

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without showing good cause for such failure, would result in the summary granting of the

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motion and judgment for Plaintiff. The Defendants have not filed a Response.

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Under Rule 1.10(i) of this Court's Local Rules of Practice, a failure to file a

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responsive pleading may be deemed consent to the motion and this Court may dispose of

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the motion summarily. “A motion for summary judgment cannot be granted simply

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because the opposing party violated a local rule.” Marshall v. Gates, 44 F.3d 722, 725

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(9th Cir. 1995) (citing Henry v. Gill Industries Inc., 983 F.2d 943, 950 (9th Cir. 1993).

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This is so because a party may oppose a motion for summary judgment without offering

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affidavits or any other materials in support of its opposition. “‘Summary judgment may

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be resisted and must be denied on no other grounds than that the movant has failed to

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meet its burden of demonstrating the absence of triable issues.’” Id. at 106 (quoting

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Henry, 983 F.2d at 950).

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Here the Court has reviewed the Complaint and considered the merits of the

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motion and the case. In light of these considerations, the Court finds that summarily

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granting the motion is warranted, pursuant to Rule 1.10(i).

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The Court adopts the findings of fact and conclusions of law as set out in the

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Motion for Summary Judgment and summarily grants the Motion for Summary Judgment

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on the merits. The Court adopts the Findings of Fact (Doc. 39), including exhibits, which

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reflect an employer-employee relationship between Gina Bell and Defendants, pursuant

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to the Fair Labor Standards Act, 29 U.S.C. § 201-219. Defendants operate adult care

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living facilities, which are enterprises engaged in commerce having annual revenue of

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$500,000 or greater.

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September 1, 2015 through February 7, 2016. She was not paid for overtime arising from

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this employment in the amount of: $33,142.50. The non-payment was willful, and

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Plaintiff is therefore entitled to double damages, pursuant to § 216 of the FLSA as

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liquidated damages, for a total damage award of: $66,285.00.

Plaintiff worked 60 hours per week at $15.00 an hour from

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Accordingly,

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IT IS ORDERED that the Motion for Summary Judgment (Doc. 38) is

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GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter Judgment
for Plaintiff in the amount of $66,285.00.
Dated this 15th day of October, 2018.

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