Morris v. Pines Pet Cemetery

Filing 12

ORDER granting 10 Plaintiff's Motion for Default Judgment and Damages Pursuant to Rule 55(B)(2). Signed by Judge Thomas M. Rose on 4-19-2018. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

TRUDY MORRIS,
Plaintiff,
v.
PINES PET CEMETERY, INC.,

Defendant.

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Case No. 3:17-cv-318
Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

ORDER GRANTING PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT
AND DAMAGES PURSUANT TO
RULE 55(B)(2)

Plaintiff, Trudy Morris, filed this action on September 13, 2017. (Doc. 1). The complaint
alleged violations of ERISA and FLSA, tort claims, retaliation and improper wage withholding
under Ohio statutory law.
Defendant, Pines Pet Cemetery, Inc., was properly served with the summons and
complaint on September 29, 2017 (Doc. 5), and has not appeared or otherwise plead. The clerk
entered default against Defendant on November 16, 2017. (Doc. 7). Pending before this Court is
the Plaintiff’s Motion for Default Judgment and Damages Pursuant to Rule 55(b)(2). The
motion is supported by Plaintiff’s affidavit detailing the basis for her request for damages and the
affidavit of Plaintiff’s attorney Jeffrey M. Silverstein regarding the amount sought for attorney’s
fees.
The Court finds that the record before the Court, including Plaintiff’s written motion, her
complaint and the attached exhibits are sufficient to determine the amount of damages that
should be awarded to Plaintiff. Plaintiff is entitled to recover unpaid wages in the amount of
$12,141.82, calculated by determining wages due and not paid. The Court finds that Plaintiff’s
request for attorney’s fees of $7,327.50 and costs of $502.80, as detailed in the affidavit of

Jeffrey M. Silverstein, is both reasonable and that the fees are within the ranges of fees routinely
awarded in this district.
The Court also concludes that Plaintiff should be awarded liquidated damages in the
amount equal to the amount of unpaid wages due to Defendant’s willful violations of the FLSA,
ERISA and Ohio statutes.
The Court further awards punitive damages in the amount roughly equivalent to triple
Plaintiff’s economic damages in the sum of $36,425.46.
For all of the foregoing reasons, the Court hereby enters judgment in favor of Plaintiff,
Trudy Morris, and against Defendant, Pines Pet Cemetery, Inc., in the total amount of
$68,539.40.

IT IS SO ORDERED

s/Thomas M. Rose
Judge Thomas M. Rose
Date:

April 19, 2018

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