Solis v. Thompson et al

Filing 14

MEMORANDUM AND ORDER - Plaintiff's motion for default judgment (filing 12 ) is granted. Plaintiff shall recover from defendants, jointly and severally, the sum of $14,642.46 in unpaid wages for the period from December 6, 2008 through September 25, 2011, for certain of defendants' employees whose names are set forth in the judgment accompanying this memorandum and order, and an equal additional amount of $14,642.46 as liquidated damages, in compensation for violation s of 29 U.S.C. § 215(a)(2) and (5). Judgment shall be entered in favor of plaintiff and against all defendants, in the amount of $29,284.92. Defendants and their officers, agents, servants, employees, and those in active concert or partic ipation with them who receive actual notice of this judgment are permanently enjoined and restrained from violating the minimum wage and overtime requirements of FLSA, 29 U.S.C. §§ 206, 207, and 215(a)(2). Each party shall bear its own costs and fees. A separate Judgment will be entered. Ordered by Judge John M. Gerrard. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HILDA L. SOLIS, SECRETARY OF
LABOR, UNITED STATES
DEPARTMENT OF LABOR,

8:11CV404

Plaintiff,
MEMORANDUM AND ORDER
vs.
G.A.S., INC. AND REALTY LINC.,
INC. a/k/a AND d/b/a THE REALTY
CENTER, REALTY CENTER
PROPERTY MANAGEMENT and
REALTY LINCOLN; and GARY T.
THOMPSON, individually,
Defendants.
This matter is before the Court on the motion for default judgment
(filing 12) filed by plaintiff Hilda L. Solis, Secretary of Labor, United States
Department of Labor (the “Secretary”). The Secretary initiated this action on
December 2, 2011, by filing a complaint asserting violations of the Fair Labor
Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201, et seq. (Filing 1.) Service of
process was obtained on all defendants on or about January 20, 2012 (Filings
7, 8, and 9). The defendants have not answered or otherwise pled, and have
not appeared in this matter. The Clerk filed an entry of default (filing 11)
against all defendants on March 30, 2012. See Fed. R. Civ. P. 55(a).
The Secretary's complaint and motion for default judgment request
back wages of $14,642.46 for violations of the minimum wage and overtime
requirements of FLSA, 29 USC §§ 206, 207, and 215(a)(2). Plaintiff also
requests an additional $14,642.46 in liquidated damages pursuant to 29
U.S.C. § 216(c). Finally, the Secretary seeks a permanent injunction,
pursuant to 29 U.S.C. § 217, enjoining defendants from violating the
minimum wage and overtime requirements of FLSA. In support of the
motion, the Secretary has submitted the declaration of Susan Wagner, an
investigator with the Wage and Hour Division of the Department of Labor.
Filing 12-1.

The Court finds that the requirements of Rule 55(b) have been
satisfied. The Court accepts all allegations in the Secretary's complaint as
true. Additionally, the Court finds that the declaration of Susan Wagner
provides adequate support for the amount of damages claimed. Wagner
investigated the operations and employment practices of defendants by
reviewing defendants' records and interviewing their employees and former
employees. Filing 12-1, at 1–2. Wagner determined that defendants owed
certain employees back wages totaling $14,642.46 for the period from
December 6, 2008 to September 25, 2011. Filing 12-1, at 4. Wagner's
declaration sets forth the precise amounts owed to each of 13 different
employees for this period. Filing 12-1, at 4. Those employees are named in
the judgment that accompanies this memorandum and order.
The Secretary has properly alleged violations of the FLSA and provided
evidence supporting the amount of damages claimed. Accordingly, the Court
finds that default judgment should be entered against all defendants.
THEREFORE, IT IS ORDERED:
1.

Plaintiff's motion for default judgment (filing 12) is granted.

2.

Plaintiff shall recover from defendants, jointly and severally, the
sum of $14,642.46 in unpaid wages for the period from December
6, 2008 through September 25, 2011, for certain of defendants’
employees whose names are set forth in the judgment
accompanying this memorandum and order, and an equal
additional amount of $14,642.46 as liquidated damages, in
compensation for violations of 29 U.S.C. § 215(a)(2) and (5).

3.

Judgment shall be entered in favor of plaintiff and against all
defendants, in the amount of $29,284.92.

4.

Defendants and their officers, agents, servants, employees, and
those in active concert or participation with them who receive
actual notice of this judgment are permanently enjoined and
restrained from violating the minimum wage and overtime
requirements of FLSA, 29 U.S.C. §§ 206, 207, and 215(a)(2).

5.

Each party shall bear its own costs and fees.

6.

A separate Judgment will be entered.

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Dated this 11th day of June, 2012.
BY THE COURT:

John M. Gerrard
United States District Judge

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