Cleveland v. First US Clinic PA et al

Filing 9

DEFAULT JUDGMENT granting 8 motion for default judgment; and entering default judgment in favor of Plaintiff against Defendants jointly and severally in the total amount of $15,136.00, representing actual wage damages and liquidated damages under the FLSA and AMWA. The total judgment amount will bear interest from today until paid at the rate of 5.022 per annum. Signed by Judge James M. Moody Jr. on 03/28/2024. (llg)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
WILLIAM CLEVELAND
vs.

PLAINTIFF
CASE NO. 4:23-CV-1066 JM

FIRST US CLINIC, P.A.
And OLABODE OLUMOFIN

DEFENDANTS
DEFAULT JUDGMENT

Pending is Plaintiff William Cleveland’s motion for default judgment against Defendants
First US Clinic, P.A. and Olabode Olumofin, a Clerk’s Default having previously been entered
against Defendants (Docket No. 7). It appears that the motion for default judgment (Document
No. 8) is well taken and should be GRANTED. Default judgment is entered in favor of Plaintiff
against Defendants jointly and severally in the total amount of $15,136.00, representing actual
wage damages and liquidated damages under the FLSA and AMWA.1 The total judgment
amount will bear interest from today until paid at the rate of 5.022 per annum.
IT IS SO ORDERED this 28th day of March, 2024.

___________________________
James M. Moody Jr.
United States District Judge
1

Plaintiff’s motion for default judgment states that the Defendants are liable for $7,568.00 representing both unpaid
minimum wages and liquidated damages. Plaintiff goes on to explain that he seeks a judgment against the
Defendants for $15,136.00 for “actual wage damages, liquidated damages, and pre-judgment interest under the
FLSA and AMWA.” (Mot. for Def. J., ECF No. 8, ¶16). “It is settled that the FLSA does not permit successful
plaintiffs to obtain prejudgment interest in addition to liquidated damages because that would enable them to obtain
double recovery.” Gibson v. Mohawk Rubber Co., 695 F.2d 1093, 1102 (8th Cir. 1982) (citing Brooklyn Savings
Bank v. O'Neil, 324 U.S. 697, 715–716, 65 S.Ct. 895, 906, 89 L.Ed. 1296 (1945)). Plaintiff’s affidavit which is
attached to the motion shows Plaintiff’s calculation of damages to include only wage damages for four (4) months
and liquidated damages equal to his four (4) months’ wages, as authorized by statute. Prejudgment interest is not
actually included in the total of $15,136.00. The motion merely contains a scriveners error.
2
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 the date of the Judgment.