Taboada v. Mi Supermercado, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION RAMON TABOADA, Plaintiff, v. CASE NO. 8:19-cv-1355-T-02SPF MI SUPERMERCADO, LLC d/b/a Bravo Supermarket, Defendant. / O R D E R This cause comes before the Court on Plaintiff’s Renewed Motion for Entry of Default Final Judgment with affidavits (Dkts. 19; 19-1; 19-2). After reviewing the pleadings, affidavits, and the entire file, the Court concludes a default final judgment should be entered as to liability, damages, and costs. BACKGROUND Plaintiff brought this action to recover unpaid minimum wage and overtime under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (FLSA) against Defendant MI Supermercado, LLC d/b/a Bravo Supermarket. Dkt. 1. Defendant failed to answer or otherwise defend. A clerk’s default was entered pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. Dkt. 18. Plaintiff now seeks a final default judgment against Defendant pursuant to Rule 55(b). LEGAL STANDARD To determine whether the moving party is entitled to a default final judgment under Rule 55, the Court must review the sufficiency of the complaint and its underlying substantive merits. Chudasma v. Mazda Motor Corp., 123 F.3d 1353 , 1370, n.41 (11th Cir. 1997). For purposes of liability, a defaulting defendant admits only the plaintiff’s well-pleaded allegations of fact. Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987); Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975).1 If there is a “sufficient basis in the pleadings,” a default judgment should be entered. Annon Consulting, Inc. v. BioNitrogen Holdings Corp., 650 F. App’x 729, 733 (11th Cir. 2016) (quoting Nishimatsu). Once the Court has established liability, then it must conduct an inquiry to ascertain the amount and character of damages to be awarded. Whole Space Indus. Ltd. v. Gulfcoast Int’l Prods., Inc., 2009 WL 2151309 , at *3 (M.D. Fla. July 13, 2009) (citing Wallace v. Kiwi Group, Inc., 247 F.R.D. 679, 681 (M.D. Fla. 2008)). “[A] judgment by default may not be entered without a hearing [on damages] unless the amount claimed is a liquidated sum or one capable of mathematical calculation.” 1“The defendant is not held to admit facts that are not well-pleaded or to admit conclusions of law. In short . . . a default is not treated as an absolute confession of the defendant of his liability and of the plaintiff’s right to recover.” Nishimatsu, 515 F.2d at 1206 . In Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent the decisions of the former Fifth Circuit rendered prior to the close of business on September 30, 1981. -2United Artist Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979) (citations omitted); see also Fed. R. Civ. P. 55(b)(1) (“If the plaintiff’s claim is for a sum certain or a sum that can be made certain by computation [judgment may be entered on an affidavit].”). A hearing may not be necessary if essential evidence is before the Court. SEC v. Smyth, 420 F.3d 1225, 1231 (11th Cir. 2005). LIABILITY To prevail on a claim for wages, the plaintiff must show that (1) he was employed by the defendant; (2) he was employed by an enterprise engaged in commerce, and (3) the defendant failed to pay him the minimum wage or overtime as required by the FLSA. Moser v. Action Towing Inc of Tampa, No. 8:16-cv-420T-35JSS, 2017 WL 10276702 , at *1 (M.D. Fla. Feb. 6, 2017) (citation omitted). Plaintiff worked as a butcher in two different locations from October 2016 through July 2018. Dkts. 1 ¶ 11; 19-1 ¶ 3. MI Supermarket, as a grocery store, meets the definition of an enterprise engaged in commerce with yearly sales of $500,000 or more. Dkt. 1 ¶¶ 14-16; see 29 U.S.C. §203 (s)(1). Plaintiff failed to receive overtime wages for one or more weeks from April 2018 through July 2018 when his work there ended. Dkts. 1 ¶ 32; 19-1 ¶ 6; 20. Defendant failed to keep time records, yet deducted an average of five hours per week from the total number of hours worked. Dkts. 1 ¶ 28; 19-1 ¶ 6; 20. The -3overtime totals $1,203.75, which resulted from Defendant’s willful withholding of wages. Dkts. 1 ¶¶ 35-39, 40-43, 50-53; 19-1 ¶ 8; 20. Based on the pleadings, affidavits, and exhibits, the Court finds a sufficient basis to enter a default judgment as to liability. DAMAGES Plaintiff seeks $1,203.75 for unpaid wages, $1,203.75 in liquidated damages under the FLSA, and $460.00 in costs. Dkts. 19-1 ¶ 8; 20 (damages); 19-2 (costs). The Court finds the damages are a sum certain which are ascertainable by mathematical calculation. The costs are authorized and recoverable. It is therefore ORDERED AND ADJUDGED: 1) Plaintiff’s Renewed Motion for Entry of Default Final Judgment (Dkt. 19) is granted. 2) The Clerk is directed to enter a final default judgment against Defendant and in favor of Plaintiff in the amount of $2,407.50 in damages and $460.00 in costs, for a total of $2,867.50. 3) The Clerk is directed to close the case. DONE AND ORDERED at Tampa, Florida, on September 23, 2019. s/William F. Jung WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE -4-