Morales v. Woodberry Woods Apartments LLC

Filing 13

ORDER: Plaintiff's Motion for Entry of Final Default Judgment 11 is granted. The Clerk of Court is directed to enter FINAL JUDGMENT in the amount of $12,985.00 in Plaintiff's favor and against Defendant. This amount shall accrue interest at the federal statutory rate. The Clerk of Court is directed to close this case and terminate any pending motions as moot. Signed by Judge James S. Moody, Jr. on 7/28/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

EDWARD MORALES,
Plaintiff,
v.

Case No. 8:17-cv-1188-T-30TGW

WOODBERRY WOODS APARTMENTS
LLC,
Defendant.
_____________________________________/

DEFAULT FINAL JUDGMENT
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Entry of Final
Default Judgment (Dkt. 11). The Court, having reviewed the motion, and being otherwise
advised in the premises, concludes that the motion should be granted.
BACKGROUND
On May 19, 2017, Plaintiff Edward Morales filed the instant action against Defendant
Woodberry Woods Apartments LLC to recover unpaid overtime compensation under the Fair
Labor Standards Act (“FLSA”). The complaint seeks overtime compensation, liquidated
damages, and attorney’s fees and costs.
On June 26, 2017, a Clerk’s Default was entered against Defendant for its failure to
respond to the complaint or otherwise file an appearance in this action (Dkt. 9). Plaintiff now
moves for a default final judgment in the amount of $12,985, which represents: (1) $9,600
for overtime compensation and liquidated damages; (2) $2,960 for attorney’s fees; and (3)
$425 for costs.

LEGAL STANDARD
Under Federal Rule of Civil Procedure 55(b)(2), a court may enter a final judgment
of default against a party who has failed to plead in response to a complaint. A default
judgment may be entered “against a defendant who never appears or answers a complaint,
for in such circumstances, the case never has been placed at issue.” Solaroll Shade & Shutter
Corp. v. Bio-Energy Sys., 803 F.2d 1130, 1134 (11th Cir. 1986). All well-pleaded allegations
of fact are deemed admitted upon entry of default; however, before entering a default
judgment, a court must confirm that it has jurisdiction over the claims and that the complaint
adequately states a claim for which relief may be granted. See Nishimatsu Const. Co. v.
Houston Nat. Bank, 515 F.2d 1200, 1206 (5th Cir. 1975);1 see also GMAC Commercial
Mortg. Corp. v. Maitland Hotel Assocs., 218 F. Supp. 2d 1355, 1359 (M.D. Fla. 2002).
DISCUSSION
The Court has federal question jurisdiction over Plaintiff’s FLSA claim. Also, the
complaint’s allegations are sufficient to state a claim under the FLSA. The complaint
contains facts alleging that Defendant is an employer within the definition of the FLSA. The
complaint also delineates Plaintiff’s job responsibilities and includes facts regarding
Defendant’s failure to pay him for work he performed in excess of forty hours per week.
Plaintiff’s motion is supported by Plaintiff’s affidavit, which specifies that Defendant
did not compensate him for a total of 160 overtime hours. Plaintiff’s hourly rate was $20.

1

In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), the Eleventh
Circuit adopted as binding precedent all the decisions of the former United States Court of Appeals
for the Fifth Circuit handed down prior to the close of business on September 30, 1981.
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Applying the overtime rate of $30, Plaintiff is entitled to $4,800 in overtime compensation.
Plaintiff is entitled to an equal amount of $4,800 in liquidated damages because the
complaint alleges that Defendant’s actions were willful and with reckless disregard of its
obligations to pay overtime compensation under the FLSA.
Finally, the Court concludes that Plaintiff’s request for attorney’s fees in the amount
of $2,960 (for 7.4 hours at an hourly rate of $400) and costs in the amount of $425 is
reasonable.
It is therefore ORDERED AND ADJUDGED that:
1.

Plaintiff’s Motion for Entry of Final Default Judgment (Dkt. 11) is granted.

2.

The Clerk of Court is directed to enter FINAL JUDGMENT in the amount
of $12,985.00 in Plaintiff’s favor and against Defendant. This amount shall
accrue interest at the federal statutory rate.

3.

The Clerk of Court is directed to close this case and terminate any pending
motions as moot.

DONE and ORDERED in Tampa, Florida on July 28, 2017.

Copies furnished to:
Counsel/Parties of Record

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