Landry v. Tropical Auto Sales & Rent to Own, LLC
6:24-cv-01994
M.D. Fla.Jun 3, 2025Background
- Plaintiff Heather Landry sued Tropical Auto Sales & Rent to Own LLC, alleging hostile work environment and retaliation under the FCRA and Title VII based on gender-related statements made by coworkers and managers during her one-month employment in 2023.
- Landry claims she reported four specific gender-related statements to management but was terminated shortly thereafter.
- The defendant (a car dealership LLC) dissolved after her termination and did not appear in the case.
- A clerk’s default was entered in favor of Plaintiff after Defendant failed to respond to the complaint.
- Plaintiff moved for default final judgment, seeking $124,030.49 in damages but did not properly address jurisdiction, service of process, or support for damages.
- The Court denied the motion without prejudice for deficiencies related to subject matter jurisdiction, service of process, sufficiency of claims, and damages calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject Matter Jurisdiction | Claims arise under FCRA and Title VII | None | Not established by Plaintiff; deficient. |
| Proper Service of Process | Claimed service on registered agent | None | Not established; facts insufficient. |
| Sufficiency of Well-Pled Allegations | Facts support hostile workplace/retaliation | None | Not adequately supported in motion. |
| Calculation and Support for Damages | Damages asserted via declaration | None | Requires evidentiary hearing. |
Key Cases Cited
- Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405 (11th Cir. 1999) (federal courts must ensure subject matter jurisdiction before deciding case merits)
- Pardazi v. Cullman Med. Ctr., 896 F.2d 1313 (11th Cir. 1990) (default judgment cannot be entered without proper service)
- Chudasama v. Mazda Motor Corp., 123 F.3d 1353 (11th Cir. 1997) (default judgment must rest on well-pleaded allegations)
- Anheuser-Busch, Inc. v. Philpot, 317 F.3d 1264 (11th Cir. 2003) (court must verify damages basis before awarding on default judgment)
- Adolph Coors Co. v. Movement Against Racism & the Klan, 777 F.2d 1538 (11th Cir. 1985) (damages in default must be established by record evidence)