Claytor v. The Mojo Grill and Catering Co of Belleview, LLC. et al

Filing 10

FINAL DEFAULT JUDGMENT: Plaintiff's Motion for Entry of Default Final Judgment 8 is GRANTED. The Clerk is directed to enter Final Default Judgment in favor of Plaintiff and against Defendants in the amount of $16,957.50, which represents $15,042.50 in damages, $1,155.00 in attorney's fees, and $760 in costs. This amount shall accrue postjudgment interest at the federal statutory rate. The Clerk is directed to close this case and terminate any pending motions as moot. Signed by Judge James S. Moody, Jr on 10/27/2014. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

STEVEN CLAYTOR,
Plaintiff,
v.

Case No: 5:14-cv-411-Oc-30PRL

THE MOJO GRILL AND CATERING
CO OF BELLVIEW, LLC, et al.,
Defendants.
________________________________/

FINAL DEFAULT JUDGMENT
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Entry of Default
Final Judgment (Doc. 8). The Court, having reviewed the motion and Plaintiff’s complaint,
and being otherwise fully advised in the premises, concludes that the motion is due to be
granted.
On July 21, 2014, Plaintiff filed a complaint against Defendants alleging a claim for
unpaid overtime compensation under the Fair Labor Standards Act, 29 U.S.C. §§ 207,
216(b). As of September 10, 2014, Defendants failed to answer or otherwise respond to
Plaintiff’s complaint. (Doc. 6). Consequently, on September 11, 2014, clerk’s default was
entered against Defendants. (Doc. 7). Plaintiff now seeks final default judgment against
Defendants. (Doc. 8). In support of his request, Plaintiff submitted an affidavit outlining
the amount of unpaid overtime wages and liquidated damages owed to Plaintiff as

calculated under 29 U.S.C. § 216(b). (Doc. 9). 1 Specifically, Plaintiff seeks damages in
the amount of $15,042.50, constituting $7,521.25 for unpaid overtime wages and $7,521.25
in liquidated damages. (Id.). Plaintiff also submitted the affidavit of Shawn L. Birken
outlining the attorney’s fees and costs incurred in pursuing this action, which amounted to
$1,155.00 and $760.00, respectively. (Doc. 8, Ex. B). The Court construes the affidavit
of Mr. Birken as a request for attorney’s fees and costs.
Under 29 U.S.C. § 216(b) and Federal Rule of Civil Procedure 55(b), the Court
agrees that Plaintiff is entitled to damages in the amount of $15,042.50. The Court also
concludes that Plaintiff’s request for attorney’s fees in the amount of $1,155.00 and costs
in the amount of $760 is reasonable.
Accordingly, it is therefore ORDERED AND ADJUDGED that:
1.

Plaintiff’s Motion for Entry of Default Final Judgment (Doc. 8) is

GRANTED.
2.

The Clerk is directed to enter Final Default Judgment in favor of Plaintiff

and against Defendants in the amount of $16,957.50, which represents $15,042.50 in
damages, $1,155.00 in attorney’s fees, and $760 in costs. This amount shall accrue
postjudgment interest at the federal statutory rate.

1

Plaintiff filed an amended affidavit of Steven Claytor describing his damages on October
17, 2014. (Doc. 9).

3.

The Clerk is directed to close this case and terminate any pending motions

as moot.
DONE AND ORDERED at Tampa, Florida on this 27th day of October, 2014.

Copies furnished to:
Counsel/Parties of Record
S:\OCALA\14-411 Claytor v. The Mojo Grill et al. Default Final Judgment.docx