Hemingway v. GA Construction Group LLC et al

Filing 26

DEFAULT JUDGMENT in favor of Norris Hemingway against GA Construction Group LLC, The GA Group Ltd. Co., Joseph S. Cooper Closing Case.. Signed by Judge Robert N. Scola, Jr on 8/4/2017. (ail) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

United States District Court
for the
Southern District of Florida
Norris Hemingway, Plaintiff,
v.
GA Construction Group, LLC, and
others, Defendants.

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Civil Action No. 16-62290-Civ-Scola
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Order Granting Motion for Entry of Default Judgment
This matter is before the Court on the Plaintiff’s motion for final
judgment (ECF No. 25). Having considered the motion and accompanying
exhibits, the record, and the relevant legal authorities, the Court grants the
motion (ECF No. 25).
The Clerk has entered defaults against the Defendants (ECF Nos. 14, 21.)
A “defendant, by his default, admits the plaintiff's well-pleaded allegations of
fact,” as set forth in the operative complaint.” Eagle Hosp. Physicians, LLC v.
SRG Consulting, Inc., 561 F.3d 1298, 1307 (11th Cir. 2009). Following the entry
of a default judgment, damages may be awarded “without a hearing [if the]
amount claimed is a liquidated sum or one capable of mathematical
calculation,” so long as all essential evidence is a matter of record. S.E.C. v.
Smyth, 420 F.3d 1225, 1231, 1232 n.13 (11th Cir. 2005) (quoting Adolph Coors
Co. v. Movement Against Racism & the Klan, 777 F.2d 1538, 1544 (11th Cir.
1985)).
The Complaint asserts one count against the Defendants for failure to
pay minimum wages and overtime compensation in violation of the Fair Labor
Standards Act (“FLSA”), 29 U.S.C. § 201, et seq. (Compl., ECF No. 1.) To
establish a minimum wage claim, a plaintiff must show that: 1) he was
employed during the time period involved; 2) he was engaged in commerce or
the production of goods for commerce, or was employed by an enterprise
engaged in commerce or the production of goods for commerce; and 3) that the
employer failed to pay the minimum wage required by law. Payne v. Security &
Crime Prevention Serv’, Inc., No. 12-22032, 2013 WL 5446466, at *2 (S.D. Fla.
Sept. 30, 2013) (Seitz, J.) (citations omitted). To establish an overtime claim,
the Plaintiff must show that: 1) he was employed during the time period
involved; 2) he is “covered” by the FLSA; 3) he worked more than forty hours
per week; and 4) the Defendants did not pay him all of his overtime wages.

Kasby v. Upper Deck Bar & Grill, LLC, 2013 WL 6050747, at *3 (M.D. Fla. Nov.
15, 2013) (citing Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233, 1277 n.
68 (11th Cir. 2008)). Based on the allegations in the Complaint, deemed
admitted, and the Plaintiff’s affidavit, these elements are met.
The Plaintiff claims $10,167.11 in unpaid minimum wages, $20,616.99
in unpaid overtime wages, and $35,347.14 in liquidated damages. (Affidavit ¶
5, ECF No. 25-1.) In the Eleventh Circuit, a prevailing plaintiff under 29 U.S.C.
§§ 206 or 207 “is entitled to a mandatory award of liquidated damages unless
the district court explicitly finds that the defendant acted in good faith in
violating” the FLSA. Miller v. Paradise of Port Richey, Inc., 75 F.Supp.2d 1342,
1344 (M.D. Fla. 1999) (citations omitted). Therefore, where a defendant
defaults, courts typically award plaintiffs liquidated damages based solely on
affidavits setting forth the actual damages. See, e.g., Brown v. Everest Moving &
Storage, Inc., No. 12-62530, 2013 WL 12126001, at *3 (S.D. Fla. Aug. 20, 2013)
(Rosenbaum, J.) (awarding liquidated damages based solely on the plaintiff’s
affidavit setting forth actual damages since an employer bears the burden of
demonstrating that liquidated damages are not warranted in FLSA cases);
Vician v. Roberts, No. 8:13-cv-1871, 2015 WL 501015 (M.D. Fla. Feb. 5, 2015)
(awarding liquidated damages in order on default judgment based solely on
plaintiffs’ declarations setting forth actual damages); Poole v. Strahlen
Integration, Inc., No. 3:08-cv-0142-, 2010 WL 11506544 (N.D. Ga. Jan. 4, 2010)
(same).
In addition, the Plaintiff claims $4,163.00 in attorneys’ fees and costs.
The FLSA provides that, in addition to any judgment awarded to a plaintiff, a
court shall allow a reasonable attorneys’ fee and costs to be paid by the
defendant. 29 U.S.C. § 216(b). The Plaintiff’s counsel has submitted a billing
statement that sets forth a description of the work provided, the time spent on
each task, and the fees charged. (Billing Statement, ECF No. 25-2.)
Accordingly, the Court enters judgment in favor of the Plaintiff and
against Defendants GA Construction Group, LLC, The GA Group Ltd. Co., and
Joseph S. Cooper, jointly and severally, in the amount of $70,294.24, which
represents $10,167.11 in unpaid minimum wages, $20,616.99 in unpaid
overtime wages, $35,347.14 in liquidated damages, and $4,163.00 in attorneys’
fees and costs, for which sum let execution issue. Interest upon this judgment
amount will accrue at the applicable legal rate. The Clerk shall close this case,
and any pending motions are denied as moot.

Done and ordered in chambers, at Miami, Florida, on August , 2017.

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Robert N. Scola, Jr.
United States District Judge