Hugler v. Ramirez Plastering, LLC et al

Filing 43

ORDER - Plaintiff's motion to exclude Defendants' expert, (Filing No. 34 ), isgranted as uncontroverted and for failure to comply with the court's orders. As to the issue of liability, judgment is entered in favor of Plaintiff fortwo reasons: Plaintiff's unopposed motion for summary judgment, (Filing No. 36 ), is granted; and A judgment of default is entered against Defendants for failing to comply with the courts show cause order, (Filing No. 42 ). As to the issue of dama ges, Defendants' unopposed motion for summary judgment (Filing No. 36 ), is granted, and pursuant to Plaintiff's uncontroverted facts, Defendants owe a minimum of $16,680.94 in unpaid overtime back wages related to the 2015 Wage and H our Division investigation at issue, plus an equal amount of liquidated damages, for a total of $33,361.88. If Plaintiff intends to pursue additional damages, it shall file a motion for determination of damages on or before May 29, 2018, in abse nce of which, a final judgment will be entered in favor of Plaintiff and against Defendants in the amount of $33,361.99. The clerk shall set a case management deadline of May 30, 2018, and shall mail a copy of this order to Ismael Ramirez and to Ramirez Plastering, LLC at 1205 Monroe Street, Fort Calhoun, NE 68023. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EDWARD C. HUGLER, Acting
Secretary of Labor, United States
Department of Labor;

8:17CV37

Plaintiff,
ORDER
vs.
RAMIREZ PLASTERING, LLC, and
ISMAEL RAMIREZ, individually;
Defendants.
Plaintiff moved to exclude Defendants’ expert (Filing No. 34), and for
summary judgment, (Filing No. 36), on February 21, 2018. Before Defendants’
response to those motions was due or filed, Defense counsel was granted leave
to withdraw. (Filing No. 41).
Defendants’ deadline for responding to Plaintiff’s summary judgment
motion was extended to April 10, 2018. (Filing No. 41). Defendant Ismael
Ramirez was given until March 27, 2018 to advise the court as to whether he
intended to proceed pro se, or to have counsel enter an appearance on his
behalf, and Defendant Ramirez Plastering, L.L.C. was given until March 27, 2018
to have an attorney enter an appearance on its behalf. (Filing No. 41).
Defendants’ failed to timely comply.
The court entered an order affording Defendants until May 9, 2018 to show
cause why the court should not enter a default and/or default judgment against
defendants without further notice. (Filing No. 42). Defendants failed to respond.
Defendants have not responded to Plaintiff’s motion for summary
judgment. Plaintiff’s statement of facts is therefore deemed uncontroverted.
NECivR 56.1(b)(1).

Accordingly,
IT IS ORDERED:
1)
Plaintiff’s motion to exclude Defendants’ expert, (Filing No. 34), is
granted as uncontroverted and for failure to comply with the court’s orders.
2)

As to the issue of liability, judgment is entered in favor of Plaintiff for

two reasons:
a.

Plaintiff’s unopposed motion for summary judgment, (Filing No. 36),
is granted; and

b.

A judgment of default is entered against Defendants for failing to
comply with the court’s show cause order, (Filing No. 42).

3)
As to the issue of damages, Defendants’ unopposed motion for
summary judgment (Filing No. 36), is granted, and pursuant to Plaintiff’s
uncontroverted facts, Defendants owe a minimum of $16,680.94 in unpaid
overtime back wages related to the 2015 Wage and Hour Division investigation
at issue, plus an equal amount of liquidated damages, for a total of $33,361.88.
4)
If Plaintiff intends to pursue additional damages, it shall file a motion
for determination of damages on or before May 29, 2018, in absence of which, a
final judgment will be entered in favor of Plaintiff and against Defendants in the
amount of $33,361.99.
5)
The clerk shall set a case management deadline of May 30, 2018,
and shall mail a copy of this order to Ismael Ramirez and to Ramirez Plastering,
LLC at 1205 Monroe Street, Fort Calhoun, NE 68023.

May 14, 2018.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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