Bennett v. JDC Ventures, LLC et al

Filing 22

OPINION AND ORDER granting 21 Motion for Default Judgment. The Clerk shall enter default judgment in favor of plaintiff as set forth in the Opinion and Order, and close the file. Signed by Judge John E. Steele on 3/7/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BRANDY BENNETT,
Plaintiff,
v.

Case No: 2:16-cv-649-FtM-99CM

JDC VENTURES, LLC, a Florida
limited liability company
and
JACK
D.
COOK,
individually,
Defendants.
OPINION AND ORDER
This matter comes before the Court on plaintiff’s Motion for
Final Default Judgment (Doc. #21) filed on January 31, 2017.
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 August 24, 2016, plaintiff Brandy Bennett (plaintiff)
filed a one-count Complaint (Doc. #1) against her former employer,
JDC Ventures, LLC (JDC) and Jack D. Cook (Cook) (collectively
“defendants”).
and

her

direct

Plaintiff alleges that Cook was the manager of JDC
supervisor

with

authority

to

hire

and

fire

employees, determine work schedules, and control the finances and
operations of JDC.

(Id. at ¶ 7.)

Plaintiff seeks damages for

defendants’ willful failure to pay minimum wage compensation under

the Fair Labor Standards Act, 29 U.S.C. 207 (FLSA).

Because

defendants failed to respond to plaintiff’s Complaint, a Clerk’s
Entry of Default (Doc. #18) was entered on November 29, 2016.
Plaintiff now moves for the entry of judgment against defendants.
II.
When a default judgment occurs, a defendant admits the
plaintiff’s well-pled allegations of fact.

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 Complaint, upon information and belief at
all relevant times, defendant JDC 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. #1, ¶ 13-14.)

In the Complaint and plaintiff’s Affidavit

filed in support of default (Doc. #21-1), plaintiff pled and
averred that she was hired in 2011 and worked for defendants as a
Bartender until her employment ended on March 21, 2016.

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(Id. at

¶ 17.)

Plaintiff engaged in interstate commerce by operating the

cash register, telephones, and serving liquor, which were used
directly in furtherance of defendants’ commercial activity.
at ¶ 15.)

(Id.

Plaintiff alleges that in one or more workweeks between

2011 to March 21, 2016, defendants failed to pay plaintiff at least
the applicable minimum wage for all hours worked.
with

the

exception

of

only

a

few

weeks

of

Specifically,

her

employment,

defendants paid plaintiff no direct wage, and plaintiff only earned
tips.

(Id. at ¶¶ 19-21.)

In her Affidavit, plaintiff sets forth a table detailing the
amount she is owed based upon her reasonable recollection of hours
worked, as defendants did not maintain time sheets.
¶ 9; Doc. #1, ¶ 29.)
minimum

wage

(Doc. #21-1,

Plaintiff states that she is owed unpaid

compensation

$26,086.54

for

within the statute of limitations period.

three-years

of

work

(Doc. #21-1, ¶ 11.)

This figure was arrived at after reducing the amount of unpaid
minimum wages by $1,922.42, which is an amount that her employer
has indicated she was paid in “indirect wages.”

(Id. at ¶ 10.)

FLSA requires employers to pay their employees at least the
federal or state minimum wage, whichever is greater, for every
hour worked.

See 29 U.S.C. §§ 206, 218(a).

Under the FLSA, an

employer who fails to provide information required by Section
203(m) of the FLSA regarding the tip-credit and use of tip pools,
cannot use the tip-credit provision and therefore must pay the

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tipped employee at least the minimum wage, and allow the employee
to keep all tips received.

29 U.S.C. § 203(m).

Here, plaintiff

alleges that defendants did not provide plaintiff notice required
by Section 203(m) of the FLSA.

(Doc. #1, ¶¶ 22-23.)

Thus, the

lowest wage defendants could have paid plaintiff was $7.79 an hour
(2013); $7.93 an hour (2014); $8.05 (2015-16), without any offset
for tip wages.

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

Cir.

1372,

1373

(11th

1999)

(citations

omitted).

The

Eleventh Circuit has held “[t]he overwhelming weight of authority
is

that

a

corporate

officer

with

operational

control

of

a

corporation’s covered enterprise is an employer along with the
corporation, jointly and severally liable under the FLSA for unpaid
wages.”

Patel v. Wargo, 803 F.2d 633, 637-38 (11th Cir. 1986).

The Court finds that plaintiff has adequately pled the failure
to pay minimum wage compensation under the FLSA against defendants,
which allegations are deemed admitted, supporting the entry of a
default judgment against defendants as to Count I.

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III.
With regard to damages, plaintiff submitted an Affidavit as
to her hours and wages.

(Doc. #21-1.)

In the motion, plaintiff

asserts a claim for the unpaid minimum wage in the amount of
$26,086.54,
damages.

plus

an

equal

amount

for

authorized

liquidated

This amount was reached by multiplying the number of

hours worked per week by the minimum wage rate for that applicable
time period.

(Id.)

Finding no records available to the contrary,

the Court will grant the motion as to the requested minimum wage
compensation

($26,086.54)

and

an

equal

amount

for

liquidated

damages 1 ($26,086.54) for a total of ($52,173.08) as to Count I.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

Plaintiff’s Motion for Final Default Judgment (Doc. #21)

is GRANTED.

The Clerk shall enter default judgment in favor of

plaintiff and against defendants as to Count I for unpaid minimum
wage compensation in the amount of $26,086.54, and an equal amount
of liquidated damages in an amount of $26,086.54, for a total of
$52,173.08.

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
minimum wage requirement. See Joiner v. City of Macon, 814 F.2d
1537 (11th Cir. 1987).

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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
March, 2017.

Copies:
Counsel of Record

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7th

day of