Rhattigan v. Sloppy Seconds III LLC et al
Filing
21
ORDER: The Report and Recommendation (Doc. # 17) is ACCEPTED and ADOPTED. Plaintiff Brad Rhattigan's Motion for Default Judgment on Count I of his Complaint (Doc. # 15) is GRANTED IN PART and DENIED IN PART. The Clerk is directed to enter judgment in favor of Plaintiff Rhattigan and against Defendants as to Count I of the Complaint in the following amounts: (1) unpaid minimum wages in the amount of $24,919.50; (2) liquidated damages in the amount of $24,919.50; (3) att orneys' fees in the amount of $5,097.50; and (4) costs incurred in this action in the amount of $620.00. In light of Rhattigan's representation that he intends to voluntarily dismiss Counts II and III of the complaint once judgment is entered on Count I, the Court dismisses Counts II and III without prejudice. Upon entering judgment, the Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 2/16/2021. (LEA)
Case 8:20-cv-02472-VMC-SPF Document 21 Filed 02/16/21 Page 1 of 4 PageID 116
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BRAD RHATTIGAN,
Plaintiff,
v.
Case No. 8:20-cv-2472-VMC-SPF
SLOPPY SECONDS III LLC,
NORTH ISLAND BAR & GRILLE LLC,
NORTH BEACH PUB LLC,
and TAMMY ZAFRA,
Defendants.
_______________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Sean P. Flynn’s Report and
Recommendation
recommending
(Doc.
that
#
17),
Plaintiff
filed
Brad
on
January
Rhattigan’s
26,
2021,
Motion
for
Default Judgment on Count I of his Complaint (Doc. # 15) be
granted in part and denied in part.
Specifically, the report recommends Rhattigan be awarded
the following amounts: (1) unpaid minimum wages in the amount
of
$24,919.50;
(2)
liquidated
damages
in
the
amount
of
$24,919.50; (3) attorneys’ fees in the amount of $5,097.50;
and (4) costs incurred in this action in the amount of
$620.00, provided Rhattigan files invoices supporting the
amount of $220.00 for service of process. (Doc. # 17 at 9).
Case 8:20-cv-02472-VMC-SPF Document 21 Filed 02/16/21 Page 2 of 4 PageID 117
As of the date of this Order, no objections have been
filed and the time for filing objections has lapsed. However,
on February 12, 2021, this Court noted that Rhattigan moved
for “a default judgment on all counts of [his complaint],”
but only addressed Count I (the Fair Labor Standards Act
claim) in his Motion. (Doc. # 19). Accordingly, the Court
directed
Rhattigan
to
clarify
whether
he
intended
to
voluntarily dismiss Counts II and III of his complaint. (Id.).
On February 15, 2021, Rhattigan filed a notice stating: “[I]n
the event the Court grants [his] Motion for Default Judgment
on Count I of his Complaint, [Rhattigan] intends on dismissing
Counts II and III immediately after the Court issues such a
ruling.” (Doc. # 20).
Furthermore, on January 26, 2021, Rhattigan filed four
invoices representing the fees charged by the process server
in connection with this case. (Doc. ## 18, 18-1, 18-2, 18-3,
18-4). These invoices reflect a total of $220.00 paid to the
process server. The Court therefore accepts and adopts the
Report and Recommendation and grants in part Rhattigan’s
Motion for Default Judgment on Count I of the Complaint.
Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
2
Case 8:20-cv-02472-VMC-SPF Document 21 Filed 02/16/21 Page 3 of 4 PageID 118
reject
or
modify
recommendation.
28
the
magistrate
U.S.C.
§
judge’s
636(b)(1);
report
and
Williams
v.
Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of
specific objections, there is no requirement that a district
judge review factual findings de novo, Garvey v. Vaughn, 993
F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept,
reject or modify, in whole or in part, the findings and
recommendation. 28 U.S.C. § 636(b)(1)(C). The district judge
reviews legal conclusions de novo, even in the absence of an
objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604
(11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428,
1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th Cir. 1994).
After conducting a careful and complete review of the
findings, conclusions and recommendations, and giving de novo
review to matters of law, the Court accepts the factual
findings and legal conclusions of the Magistrate Judge.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)
The Report and Recommendation (Doc. # 17) is ACCEPTED
and ADOPTED.
(2)
Plaintiff Brad Rhattigan’s Motion for Default Judgment
on Count I of his Complaint (Doc. # 15) is GRANTED IN
PART and DENIED IN PART.
3
Case 8:20-cv-02472-VMC-SPF Document 21 Filed 02/16/21 Page 4 of 4 PageID 119
(3)
The Clerk is directed to enter judgment in favor of
Plaintiff Rhattigan and against Defendants as to Count
I of the Complaint in the following amounts: (1) unpaid
minimum
wages
in
the
amount
of
$24,919.50;
(2)
liquidated damages in the amount of $24,919.50; (3)
attorneys’ fees in the amount of $5,097.50; and (4) costs
incurred in this action in the amount of $620.00.
(4)
In light of Rhattigan’s representation that he intends
to voluntarily dismiss Counts II and III of the complaint
once judgment is entered on Count I, the Court dismisses
Counts II and III without prejudice.
(5)
Upon entering judgment, the Clerk is directed to close
this case.
DONE and ORDERED in Chambers in Tampa, Florida, this
16th day of February, 2021.
4
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