3:22-cv-01081
N.D. Tex.Dec 29, 2022Background
- Ahumada worked as an industrial cleaner for Hernandez Industrial Solutions, Inc. from June–December 2021; Cesar Hernandez was the company’s general manager.
- Ahumada alleges he was required to work 50 hours per week, paid $18/hour, but was paid only for 40 hours, resulting in unpaid overtime.
- Plaintiff sued under the FLSA for unpaid overtime and liquidated damages, seeking $2,700 (overtime) + $2,700 (liquidated) and attorneys’ fees and costs.
- Both defendants were served on May 17, 2022; neither answered. Clerk entered default on July 28, 2022; plaintiff moved for default judgment on August 30, 2022.
- The magistrate judge found the complaint’s allegations well pleaded, jurisdiction proper, and entry of default appropriate.
- Recommended award: $2,700 unpaid overtime; $2,700 liquidated damages; $4,820 attorney’s fees; $402 costs (filing fee only) — total $10,662.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriateness of default judgment | Defendants were served, failed to respond, and default was entered | No response/defendants did not appear | Default judgment appropriate; prerequisites satisfied |
| Sufficiency of FLSA claim / liability | Ahumada alleges employer–employee relationship, 50-hour workweeks, $18/hr, and specific weeks with overtime | No response | Complaint states a plausible FLSA overtime claim; allegations taken as true on default |
| Calculation of damages for unpaid overtime and liquidated damages | Requests $2,700 overtime and matching $2,700 liquidated damages under 29 U.S.C. § 216(b) | No response | Awarded $2,700 unpaid overtime and $2,700 liquidated damages |
| Attorney’s fees and taxable costs | Seeks $5,122 (attorneys’ fees and costs); attorney submitted sworn time narrative showing 12.05 hours at $400/hr | No response | Awarded $4,820 in attorneys’ fees (12.05 hrs × $400) and $402 costs (filing fee); private process server cost denied |
Key Cases Cited
- New York Life Ins. Co. v. Brown, 84 F.3d 137 (5th Cir. 1996) (entry of default judgment when defendant fails to respond)
- Nishimatsu Constr. Co. v. Houston Nat’l Bank, 505 F.2d 1200 (5th Cir. 1974) (sufficiency of pleadings for default judgment; Rule 8 guidance)
- Wooten v. McDonald Transit Assocs., Inc., 788 F.3d 490 (5th Cir. 2015) (Rule 8 plausibility standard applied to default-judgment review)
- Johnson v. Heckmann Water Resources, Inc., 758 F.3d 627 (5th Cir. 2014) (elements required to state an FLSA unpaid-overtime claim)
- Leedo Cabinetry v. James Sales & Distrib., Inc., 157 F.3d 410 (5th Cir. 1998) (damages calculable without evidentiary hearing when sum is liquidated or mathematically determinable)
- Perdue v. Kenny A., 559 U.S. 542 (U.S. 2010) (lodestar method and presumption of its reasonableness)
- Watkins v. Fordice, 7 F.3d 453 (5th Cir. 1993) (burden to prove hours reasonably expended with adequately recorded time records)
- Crawford Fitting Co. v. J. T. Gibbons, Inc., 482 U.S. 437 (U.S. 1987) (Rule 54(d) costs are defined by 28 U.S.C. § 1920; limits on awarding non-enumerated costs)