Thomas E Perez v. Richard Huot
2:13-cv-07487
C.D. Cal.Apr 22, 2014Background
- Plaintiff is Thomas E. Perez, Secretary of Labor, seeking FLSA enforcement against Defendant Richard Huot.
- Defendant allegedly operated China Wok Express and Golden Wok Fried Chicken and failed to pay minimum wage and overtime.
- Clerk entered default against Defendant as to the FAC on January 15, 2014, and Defendant was properly served (January 31, 2014).
- Court considered Eitel v. McCool factors and concluded default judgment is warranted under Local Rule 55-1.
- Plaintiff seeks back wages ($172,264.50), liquidated damages ($172,264.50), and injunctive relief prohibiting future FLSA violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment is appropriate under Eitel factors. | Huot defaulted; factors weigh in Plaintiff's favor. | None stated explicitly in the record; defense not responsive. | Yes; default judgment granted under Eitel factors. |
| Amount of back wages and liquidated damages under FLSA. | Unsupported wages must be paid; liquidated damages equal to unpaid wages. | Not presented in opposition. | Back wages and liquidated damages awarded ($172,264.50 each). |
| Relief requested injunctive measures under FLSA. | Injunctive relief needed to prevent ongoing violations. | Not opposing. | Injunctive relief granted and action closed. |
Key Cases Cited
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (default-judgment factors)
