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Thomas E Perez v. Richard Huot
2:13-cv-07487
C.D. Cal.
Apr 22, 2014
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Background

  • 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)
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Case Details

Case Name: Thomas E Perez v. Richard Huot
Court Name: District Court, C.D. California
Date Published: Apr 22, 2014
Citation: 2:13-cv-07487
Docket Number: 2:13-cv-07487
Court Abbreviation: C.D. Cal.