6:16-cv-00694
M.D. Fla.Aug 1, 2016Background
- Plaintiff Nicolasa Murillo sued Cobblestone Courtyard, Inc. and its registered agent/owner Angelina Redman under the FLSA for unpaid wages after two checks (totaling $1,355) bounced and she incurred $30 in bank fees.
- Plaintiff served Redman personally at the corporate registered address; Redman is listed as Cobblestone Courtyard’s registered agent.
- Neither defendant answered; the Clerk entered default against both on June 29, 2016.
- Plaintiff moved for a default final judgment and submitted an affidavit and a DoD Manpower Data Center status report showing Redman is not a servicemember (SCRA compliance).
- The magistrate judge found service proper, the complaint’s allegations sufficient to establish liability on the FLSA claim, and recommended awarding actual and liquidated damages plus taxable costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was service of process proper on Redman (individual)? | Service was made personally on Redman at her residence. | No response (default). | Service on Redman was proper; default entry valid. |
| Was service proper on Cobblestone Courtyard (corporation) via its registered agent? | Service on registered agent Redman at the corporate address satisfied Fed. R. Civ. P. 4(h) and Fla. law. | No response (default). | Service on the corporation was proper; default entry valid. |
| Is Plaintiff entitled to damages under the FLSA for unpaid wages? | Murillo provided affidavit and interrogatory answers establishing $1,385 in unpaid compensation and fees. | No response (default). | Complaint and affidavit suffice to establish liability and actual damages of $1,385. |
| Are liquidated damages and taxable costs appropriate? | Requests liquidated damages (equal to back pay) and $480 in filing/process costs; did not seek attorney’s fees. | No response (default). | Recommended award of $1,385 in liquidated damages (equal to actual damages) and reimbursement of taxable costs ($480). |
Key Cases Cited
- Nishimatsu Constr. Co., Ltd. v. Houston Nat’l Bank, 515 F.2d 1200 (5th Cir. 1975) (default does not automatically establish liability for facts not well pleaded)
- Adolph Coors Co. v. Movement Against Racism & the Klan, 777 F.2d 1538 (11th Cir. 1985) (court must inquire into damages after liability established by default)
- DIRECTV, Inc. v. Trawick, 359 F. Supp. 2d 1204 (M.D. Ala. 2005) (defendant’s default alone does not compel default judgment; pleadings must support relief)
- Alvarez Perez v. Sanford-Orlando Kennel Club, Inc., 515 F.3d 1150 (11th Cir. 2008) (liquidated damages under FLSA are mandatory unless employer shows good faith defense)