Perkins v. Quick Food Mart #3 Inc. et al

Filing 19

ORDER granting 7 Motion for Default Judgment; granting, as modified, 18 Motion for Attorney Fees, Bill of Costs, and Default Judgment. Signed by District Judge Carlton W. Reeves on 3/5/2019. (DJ)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
CECELIA PERKINS
V.

PLAINTIFF
CAUSE NO. 3:18-CV-189-CWR-LRA

QUICK FOOD MART #3 INC.

DEFENDANT

ORDER GRANTING DEFAULT JUDGMENT
Before the Court are Plaintiff’s motions for default judgment and attorney’s fees. Docket
Nos. 7, 18. The complaint was filed nearly a year ago on March 26, 2018. Defendant never
answered the complaint or had an attorney enter an appearance on its behalf. The Clerk entered
default on June 20, 2018.
On December 18, 2019, the Court held a hearing on damages, where Plaintiff presented
evidence to support her entitlement to back pay and compensatory damages. Defendant was
provided with notice of the hearing and a representative was present. That same day, the Court
entered an Order deferring ruling on the motion for default judgment and directing Defendant to,
within 30 days, have counsel enter an appearance. 1 Counsel has not appeared on behalf of
Defendant. Defendant has not responded to the Court’s Order or the motions for default
judgment and attorney’s fees. Plaintiff has submitted his affidavit, time records, and an invoice
assessing the attorney’s fees and costs. After considering the testimony and evidence and
arguments of counsel, the Court agrees that the fees and costs are reasonable and the number of
hours expended are reasonable under the circumstances. Thus, the motions are well-taken and
should be granted. Plaintiff is awarded $580 in back pay, $5,000 in compensatory damages, see

1

As a corporation, Quick Food Mart may only appear before the Court through a licensed attorney. See Southwest
Exp. Co., Inc. v. I.C.C., 670 F.2d 53, 56 (5th Cir. 1982).

Migis v. Pearle Vision, Inc., 135 F.3d 1041, 1048 (5th Cir. 1998), plus attorney’s fees 2 and costs
of $4,735.50.
IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered in favor of
Plaintiff and against Defendant in the total amount of $10,315.50. Interest shall run on this
amount from this day forward at an annual rate of 2.55%. A Final Judgment will be entered on
this day.
SO ORDERED, this the 5th day of March, 2019.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE

2
Based on the submissions, the Court finds that a reasonable hourly rate for counsel is $280. See Brown v. Miss.
Dept. of Health, No. 3:11-CV-146-CWR-FKB, 2013 WL 12128785, at *3-4 (S.D. Miss. March 5, 2013); Schaeffer
v. Warren Cty., Miss., No. 3:14-CV-945-DPJ-FKB, 2017 WL 5709640, at *10 (S.D. Miss. Nov. 27, 2017), aff’d,
744 Fed. App’x 871 (Dec. 7, 2018); and Brooks v. Illusions, No. 5:16-CV-31-KS-MTP, 2017 WL 1380464 (S.D.
Miss. April 10, 2017).