6:12-cv-01235
M.D. Fla.Jul 29, 2014Background
- LeBlanc filed a FLSA collective action against USG7, USDS, and Keen; USG7 is in default.
- The CMSO required mediation by May 23, 2014 and sanctioned parties for nonparticipation.
- USDS and Keen had counsel withdrawn and were warned to obtain new counsel by April 14, 2014; USDS remained unrepresented months later.
- A mediation occurred on May 15, 2014 with all Defendants failing to appear.
- USDS and Keen failed to respond to a show-cause order regarding mediation and failed to maintain current addresses with the Court.
- The court recommended sanctions, including expenses for the failed mediation and the entry of a default judgment against USDS and Keen.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sanctions for mediation noncompliance are warranted | USDS/Keen violated CMSO; sanctions appropriate | USDS/Keen contest sanctions (implicit) | Sanctions warranted; sanctions and expenses approved |
| Whether Plaintiff should recover mediation expenses | Plaintiff entitled to reasonable mediation expenses | Defendants contest expense award | Expenses awarded; Plaintiff to document within 14 days |
| Whether a default judgment should be entered against USDS and Keen | Default judgment appropriate due to willful noncompliance | Defendants dispute default judgment | Default judgment against USDS and Keen recommended |
| Whether failure to maintain current addresses supports sanctions | Failure to update addresses demonstrates abandonment | Address issues not disputed | Sanctions warranted for failure to maintain current addresses |
| Whether continued lack of counsel for USDS violates local rules | Entity must be represented by counsel; ongoing pro se status warrants consequences | Not stated explicitly | Entry of default judgment appropriate due to unrepresented entity and noncompliance |
Key Cases Cited
- Cohen v. Carnival Cruise Lines, Inc., 782 F.2d 923 (11th Cir. 1986) (default judgment as a sanction requires a pattern of delay and consideration of lesser sanctions)
- Energy Lighting Management v. Kinder, 363 F. Supp. 2d 1331 (M.D. Fla. 2008) (entity persistence in pro se status may justify default judgment)