Sarceno Reyes v. Kimuell, 270 F. Supp. 3d 30

Plaintiff Ana Maria Sarceno Reyes worked as a cook/food preparer for Defendant Kimmoti Kimuell (doing business as Burrito Brothers) from June 15, 2010 to March 29, 2016 and claims unpaid overtime.
Plaintiff alleges average workweeks of roughly 60–75 hours and provided hourly wage rates for three time periods (ranging $9.00 to $10.50/hour).
Defendant was served but never appeared, answered, or otherwise responded; the Clerk entered default and Plaintiff moved for default judgment under Fed. R. Civ. P. 55(b)(2).
Plaintiff sought $29,257.81 in unpaid overtime, treble damages under the D.C. Wage Payment and Collection Law (DCWPCL) for a total of $117,031.24, plus $3,647 in attorneys’ fees and $500.94 in costs.
The Court found entry of default judgment appropriate, reviewed Plaintiff’s affidavits and counsel’s spreadsheet (no paystubs), corrected a computational error, applied the three‑year statute of limitations, and reduced the requested damages calculation accordingly.
The Court awarded unpaid wages plus liquidated damages under a mix of FLSA and DC law rules (depending on dates), attorneys’ fees in the requested amount, and costs of $500.94; total damages awarded were adjusted to $70,774.10 for wages plus liquidated damages, plus fees and costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether default judgment is appropriate	Kimuell failed to respond; default entered; judgment warranted	No defense or response	Default judgment appropriate—defendant is unresponsive and offered no meritorious defense.
Proper measure and proof of unpaid overtime	Plaintiff’s sworn declaration and counsel’s spreadsheet establish hours and unpaid wages despite lack of pay records	Defendant offered nothing (in default) to contest hours or calculation	Court accepts Plaintiff’s reasonable recollection and counsel’s spreadsheet as basis for damages but corrected a computational error and limited recovery to the three‑year statute of limitations.
Liquidated damages source and amount	Plaintiff sought treble damages under DCWPCL for all unpaid wages	N/A (defendant in default)	For violations after Oct. 1, 2014, treble under D.C. law applies; for pre‑Oct. 1, 2014 violations, federal liquidated damages (equal to wages) apply. Court awarded full available liquidated damages (total award adjusted accordingly).
Attorneys’ fees and costs—reasonableness	Counsel provided timesheets and billed rates; requested $3,647 in fees and $500.94 costs	N/A (default)	Court found hours reasonable and rates near or below Laffey matrix norms; awarded fees of $3,647 and costs $500.94.

Carazani v. Zegarra, 972 F. Supp. 2d 1 (D.D.C.) (default may be treated as willful and supports judgment)
PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Grp., Inc., 246 F.R.D. 17 (D.D.C.) (court must independently determine damages on default unless amount is certain)
Arias v. U.S. Service Indus., Inc., 80 F.3d 509 (D.C. Cir.) (employee may prove hours by just and reasonable inference when employer records are inadequate)
Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (U.S.) (framework for allowance of damages when employer recordkeeping is lacking)
Martinez v. China Boy, Inc., 229 F. Supp. 3d 1 (D.D.C.) (accepting plaintiff’s sworn hours where employer defaulted and discussing D.C. liquidated damages changes)
Eley v. District of Columbia, 793 F.3d 97 (D.C. Cir.) (standard for establishing reasonable attorney fee rates)