Isaac v. Classic Cleaners of Pelican Landing, Inc. et al
Filing
16
OPINION AND ORDER granting 15 Motion for Default Judgment. The Clerk shall enter default judgment in favor of plaintiff and against defendant as to Count I as set forth in the Opinion and Order, and close the file. any motion for attorney's fees and/or costs shall be filed within 14 days of the entry of judgment. Signed by Judge John E. Steele on 12/27/2016. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOANN ISAAC,
Plaintiff,
v.
Case No: 2:16-cv-171-FtM-99CM
CLASSIC CLEANERS OF PELICAN
LANDING, INC., a Florida
profit corporation,
Defendant.
OPINION AND ORDER
This matter comes before the Court on plaintiff’s Motion for
Final Default Judgment (Doc. #15) filed on August 10, 2016.
response has been filed and the time to do so has expired.
No
The
Court finds that an evidentiary hearing is not required in this
case and will render a decision based on the documents submitted.
I.
On March 2, 2016, plaintiff Joann Isaac (plaintiff) filed a
Complaint (Doc. #1) and is currently proceeding on her Amended
Complaint (Doc. #8) against her former employer, defendant Classic
Cleaners of Pelican Landing, Inc. (defendant).
damages
for
defendant’s
willful
failure
to
Plaintiff seeks
pay
overtime
compensation under the Fair Labor Standards Act, 29 U.S.C. § 207
(FLSA) (Count I).
(Doc. #8, ¶¶ 14-31.)
Because defendant failed
to respond to plaintiff’s Amended Complaint (Doc. #8), a Clerk’s
Entry
of
Default
(Doc.
#14)
was
entered
on
July
11,
2016.
Plaintiff now moves for the entry of judgment against defendant.
II.
When
a
default
judgment
occurs,
a
plaintiff’s well-pled allegations of fact.
defendant
admits
the
If liability is well
pled, it is established by virtue of a default judgment.
v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987).
Buchanan
The mere entry of
a default by the clerk does not in itself warrant the entry of
default by the Court.
Rather the Court must find that there is
sufficient basis in the pleadings for the judgment to be entered.”
GMAC Commercial Mortg. Corp. v. Maitland Hotel Assocs., Ltd., 218
F. Supp. 2d 1355, 1359 (M.D. Fla. 2002) (citation omitted).
A
complaint must state a claim in order for default judgment to be
granted.
Id.
According to the Amended Complaint, upon information and
belief at all relevant times, defendant was an enterprise engaged
in interstate commerce, or the production of goods for interstate
commerce, with an annual gross revenue in excess of $500,000.
(Doc. #8, ¶ 9-10.)
In the Amended Complaint and plaintiff’s
Affidavit filed in support of default, plaintiff pled and averred
that she was a non-exempt, hourly-paid employee of defendant, and
was hired in May of 2003, and ended employment on January 5, 2016.
(Doc. #8, ¶ 13; Doc. #15-1, ¶ 9.)
Plaintiff engaged in interstate
commerce by operating the cash register and customer service.
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(Doc. #8, ¶¶ 5, 14.)
Plaintiff was required to regularly work 40
hours per week without compensation for the overtime hours.
(Id.
at ¶¶ 15-17.)
Pursuant to plaintiff’s Affidavit, plaintiff was a Cashier
who averaged 10.5 hours a day during “out-of-season,” 5 days a
week; and 12.0 hours a day during “in-season,” 7 days a week, with
a regular rate of pay that varied between $10 and $12 per hour,
but plaintiff only received pay at her regular rate for 50 hours
a week.
(Doc. #15-1, ¶¶ 4-8.)
Plaintiff states that she is owed
unpaid overtime compensation and overtime premiums of $38,391.63
for three-years of work within the statute of limitations period.
(Id. at ¶9.)
Plaintiff attached a chart to her Affidavit (Exhibit
A) that she prepared with the help of her counsel, detailing the
calculations.
(Doc. #15-2.)
the relevant time period.
She also attached her paystubs for
(Doc. #15-3.)
To establish a prima facie case for overtime compensation, a
plaintiff must show: (1) defendant employed them; (2) defendant is
an enterprise engaged in interstate commerce covered by the FLSA;
(3) plaintiff worked in excess of a 40–hour workweek; and (4)
defendant did not pay overtime wages to him. Morgan v. Family
Dollar Stores, Inc., 551 F.3d 1233, 1277 n. 68 (11th Cir. 2008).
“As a general rule, the FLSA provides that employees are entitled
to receive overtime pay at one and one-half times their regular
rate for all hours worked in excess of forty per week.” Avery v.
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City of Talladega, Ala., 24 F.3d 1337, 1340 (11th Cir. 1994)
(referencing 29 U.S.C. § 207(a)(1)).
While plaintiff has not
produced any time sheets or time cards, “the employee has carried
out his burden if he proves that he has in fact performed work for
which he was improperly compensated and if he produces sufficient
evidence to show the amount and extent of that work as a matter of
just and reasonable inference.”
Etienne v. Inter–County Sec.
Corp., 173 F.3d 1372, 1373 (11th Cir. 1999) (citations omitted).
The Court finds that plaintiff has adequately pled the failure
to pay overtime wages under the FLSA, which allegations are deemed
admitted, supporting the entry of a default judgment against
defendants as to Count I.
III.
With regard to damages, plaintiff submitted an Affidavit as
to her hours and wages, including all paystubs.
In the motion,
plaintiff asserts a claim for the unpaid overtime wages in the
amount
of
$38,391.63,
liquidated damages.
plus
an
equal
amount
for
authorized
This amount was reached by using the hourly
rate that plaintiff was paid, multiplied by half-time for hours
worked from 40-50 hours per week, and time and one half for the
hours worked in excess of 50 hours per week.
Finding no records
available to the contrary, the Court will grant the motion as to
the requested overtime wages ($38,391.63) and an equal amount for
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liquidated damages 1 ($38,391.63) for a total of ($76,783.26) as to
Count I.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.
Plaintiff’s Motion for Final Default Judgment (Doc. #15)
is GRANTED.
The Clerk shall enter default judgment in favor of
plaintiff and against defendant as to Count I for unpaid overtime
compensation in the amount of $38,391.63, and an equal amount of
liquidated damages in an amount of $38,391.63, for a total of
$76,783.26.
2.
The Clerk is further directed to terminate all pending
matters and to close the file.
3.
Any motion for attorney’s fees and/or costs shall be
filed within FOURTEEN (14) DAYS of the entry of judgment.
DONE and ORDERED at Fort Myers, Florida, this
27th
day
of December, 2016.
Copies:
Counsel of Record
1
Under the FLSA, liquidated damages are mandatory unless the
employer can show that it acted in good faith and had reasonable
grounds to believe that its actions did not violate the FLSA
overtime requirement. Glenn v. Gen. Motors Corp., 841 F.2d 1567,
1573 (11th Cir. 1988).
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