Estling v. GIDB Tiki LLC

Filing 14

OPINION & ORDER granting 13 Motion for Default Judgment. Signed by Honorable Henry M Herlong, Jr on 1/8/2021.(abuc)

8:20-cv-03204-HMH

Date Filed 01/08/21

Entry Number 14

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON DIVISION
David Estling,

)
)
Plaintiff,
)
)
vs.
)
)
GIDB Tiki, LLC d/b/a “Tiki Hut”,
)
)
Defendant.
)
__________________________________ )

C.A. No. 8:20-03204-HMH

OPINION & ORDER

This matter comes before the Court upon Plaintiff David Estling’s (“Estling”) motion for
default judgment against Defendant GIDB Tiki, LLC d/b/a “Tiki Hut” (“Tiki Hut”). Estling
commenced this action on September 8, 2020. (Compl., generally, ECF No. 1.) The Clerk of
Court entered a default on October 5, 2020. (Entry of Default, ECF No. 8.) This court ordered
that Defendant obtain counsel within thirty (30) days of October 6, 2020. (Counsel Order, ECF
No. 9.) The Clerk of Court served the Order on Tiki Hut’s registered agent. (Service, ECF No.
10.) Tiki Hut has failed to plead or otherwise appear in this action. Liability has been
established by the default, and Estling moves the court for an award of damages, attorneys’ fees,
and costs.
After a thorough review of the complaint and record in this case, the court awards
Estling $3,846.15, the equivalent of two weeks pay, for violation of the Emergency Paid Sick
Leave Act (“EPSLA”) provisions of the Families First Coronavirus Response Act (“FFCRA”),
which requires “paid sick time” of eighty hours for certain pandemic related reasons. Pub. L.
116-127 § 5102(a)(1)-(4). Further, Estling is awarded $2,040.00 in reasonable attorneys’ fees
1

8:20-cv-03204-HMH

Date Filed 01/08/21

Entry Number 14

Page 2 of 2

and $400.00 in costs pursuant to 29 U.S.C. § 216(b) of the Fair Labor Standards Act, which
were incorporated into the EPSLA.
It is therefore
ORDERED that the motion for default judgment, docket number 13, is granted in favor
of Estling and against Tiki Hut, for an award of $3,846.15 in damages, $2040.00 in reasonable
attorneys’ fees, and $400.00 in costs. Finding no just reason for delay, the Clerk is hereby
instructed to enter default judgment.
IT IS SO ORDERED.

s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
January 8, 2021

2