Kimble v. BC Recycling Co., Inc. et al

Filing 28

ORDER: Plaintiff's Motion for Default Judgment 18 is GRANTED. A JUDGMENT shall be entered in FAVOR OF Plaintiff Chauncey Kimble and AGAINST Defendants BC Recycling Co., Inc. and William E. Chadwick for a total amount of $17,480.00, com prised of: a. $6,240.00 in unpaid overtime wages; b. $6,240.00 in liquidated damages pursuant to 29 U.S.C. § 216(b); and c. $5,000.00 in lost wages. Plaintiff's counsel is ordered to SUBMIT a petition for fees and costs. Th is case is DISMISSED WITH PREJUDICE. The Clerk of the Court shall prepare and enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Kevin H. Sharp on 12/16/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CHAUNCEY KIMBLE,
Plaintiff,
v.
BC RECYCLING CO., INC. and
WILLIAM E. CHADWICK,
Defendants.

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No. 3:14-cv-02199
Judge Sharp

ORDER
Pending before the Court is Plaintiff Chauncey Kimble’s unopposed Motion for Default
Judgment and Hearing on Damages. (Docket No. 18). The Court held a hearing on damages on
December 14, 2015 and, for the reasons set forth below, will enter default judgment against
Defendants.
Plaintiff filed a Complaint seeking unpaid overtime wages, liquidated damages, statutory
damages, and attorneys’ fees and costs for his claims under the Fair Labor Standards Act.
(Docket No. 1).

More specifically, Plaintiff seeks $6,240.00 in unpaid overtime wages,

$6,240.00 in liquidated damages, and $5,000.00 in lost wages. (Docket No. 25). The Court
entered default against Defendant BC Recycling Co., Inc. on February 25, 2015 (Docket No. 12)
and against Defendant William E. Chadwick on May 15, 2015 (Docket No. 16). Plaintiff now
seeks a default judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure. In
support of the motion, Plaintiff argues that Defendants have neither participated in the litigation
nor responded to Plaintiff’s communications since December 29, 2014. The Court agrees with
Plaintiff. Defendants have failed to plead or defend against Plaintiff’s suit since acknowledging

service and requesting an initial settlement offer in late 2014. In light of this failure, the Court
has entered Plaintiff’s default. (See Docket Nos. 12 & 16).
Rule 55(b)(1) allows a party to seek a default judgment after an entry of default, as long
as “the plaintiff’s claim is for a sum certain” and the defendant “is neither a minor nor an
incompetent person.” FED. R. CIV. P. 55(b)(1). Defendants are neither minors nor incompetent.
Regarding the “sum certain” to which Plaintiff is entitled, Plaintiff presented evidence at the
damages hearing on December 14, 2015. At the hearing, Plaintiff testified to the amount of
overtime he worked at each different pay rate, thereby providing evidence of the amount of
unpaid overtime wages and liquidated damages due to him. He also testified to his difficulties
obtaining stable gainful employment since his termination from BC Recycling Co., Inc., thereby
providing evidence of his lost wages. The Court also finds that Plaintiff should receive costs and
reasonable attorneys’ fees.
Accordingly, the Court hereby rules as follows:
(1) Plaintiff’s Motion for Default Judgment (Docket No. 18) is GRANTED;
(2) A JUDGMENT shall be entered in FAVOR OF Plaintiff Chauncey Kimble and
AGAINST Defendants BC Recycling Co., Inc. and William E. Chadwick for a total
amount of $17,480.00, comprised of:
a. $6,240.00 in unpaid overtime wages;
b. $6,240.00 in liquidated damages pursuant to 29 U.S.C. § 216(b); and
c. $5,000.00 in lost wages;
(3) Plaintiff’s counsel is ordered to SUBMIT a petition for fees and costs; and
(4) This case is DISMISSED WITH PREJUDICE.

The Clerk of the Court shall prepare and enter a final judgment in accordance with Rule
58 of the Federal Rules of Civil Procedure.
It is so ORDERED.

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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE