Hildebrand v. EnviroSeal TN, LLC et al

Filing 81

ORDER ADOPTING IN PART AND MODIFYING IN PART THE MAGISTRATE JUDGES REPORT AND RECOMMENDATION. Signed by Chief Judge J. Daniel Breen on 9/7/16. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
KATHLEEN “KATHY” HILDEBRAND,
Plaintiff,
v.

No. 14-1263

ENVIROSEAL TN, LLC, AND
INFINITY FINANCIAL SERVICES, LLC,
MARTY WHITE, AND PETER FLORIO,
Defendant.
_____________________________________________________________________________
ORDER ADOPTING IN PART AND MODIFYING IN PART
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
_____________________________________________________________________________
On January 2, 2013, Plaintiff, Kathy Hildebrand, filed a complaint against Defendants,
EnviroSeal TN, LLC (“EnviroSeal”); Infinity Financial Services, LLC (“Infinity”); Marty White;
and Peter Florio seeking damages for unpaid overtime under the Fair Labor Standards Act.
(Docket Entry (“D.E.”) 1.)

Based on Defendants’ failure to comply with the orders of this

Court, default judgment was entered against the corporate Defendants, EnviroSeal and Infinity,
on March 1, 2016, (D.E. 45), and the individual Defendants, White and Florio, on May 17, 2016,
(D.E. 56.). Thereafter, Plaintiff filed a motion to set a hearing on the award of damages, (D.E.
64), which was scheduled for August 4, 2016, before Magistrate Judge Edward G. Bryant, (D.E.
68). Defendants failed to attend the August 4 hearing, and Judge Bryant subsequently entered a
report recommending that the Court award Plaintiff $3,150.00 for unpaid overtime pay and
$3,150.00 in liquidated damages.

(D.E. 75).

Judge Bryant also recommended awarding

attorneys’ fees and expenses in the amount of $2,969.00. (Id.) No objections to the report and

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recommendation have been filed, and the deadline for doing so has passed. See 28 U.S.C. §
636(b)(1).
Upon review of the report and recommendation, this Court notes a clerical error in the
calculation of damages. Damages were recommended in the amount of $3,150.00 for unpaid
overtime pay and $3,150.00 for liquidated damages, resulting in a total award of $6,300.00;
however, the report and recommendation calculated a total damages award for Plaintiff in the
amount of $7,000.00.

(D.E. 75 at PageID 231.)

In all other respects, the report and

recommendation is correct; accordingly, it is ADOPTED IN PART and MODIFIED IN PART to
reflect a total damages award of $6,300.00 along with fees and expenses of $2,969.00 for the
Plaintiff.

IT IS SO ORDERED this 7th day of September 2016.
s/ J. DANIEL BREEN
CHIEF UNITED STATES DISTRICT JUDGE

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