Vera v. Ceviche Beach & Grill LLC
9:24-cv-81378
S.D. Fla.May 7, 2025Background
- Nadia Vera sued Ceviche Beach & Grille, LLC and its operators for violations of the Fair Labor Standards Act (FLSA), claiming unpaid overtime, failure to pay minimum wage, and retaliatory discharge.
- All defendants were properly served but did not answer, resulting in a clerk’s default against them.
- Vera’s initial motion for default judgment was denied in part due to insufficient factual allegations supporting FLSA coverage and wage claims.
- Vera submitted an amended affidavit providing detailed facts supporting both individual and enterprise FLSA coverage, including handling out-of-state goods and operation above the $500,000 revenue threshold.
- The court reviewed the adequacy of pleadings and evidence for default judgment, ultimately recommending partial grant for damages, attorney’s fees, and costs, but not the full amount Vera sought.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FLSA Overtime and Minimum Wage | Vera was covered by FLSA individually and via enterprise, worked >40 hrs/wk, unpaid overtime and sub-minimum wage | No response (default) | Amended facts plausibly allege coverage under FLSA and entitlement to damages |
| FLSA Retaliatory Discharge | Fired for complaining about unpaid wages | No response (default) | Retaliation claim is adequately pled and recovery for lost wages awarded |
| Liquidated Damages | Entitled to liquidated damages on all claims | No response (default) | Awarded for wage claims (mandatory), but not for retaliation due to insufficient request |
| Attorney's Fees and Costs | Requested reasonable fees and standard costs | No response (default) | Fees and most costs granted, but not for unsubstantiated copy/postage expenses |
Key Cases Cited
- Buchanan v. Bowman, 820 F.2d 359 (11th Cir. 1987) (default admits well-pleaded facts, bars factual contest on appeal)
- Nishimatsu Constr. Co., Ltd. v. Houston Nat'l Bank, 515 F.2d 1200 (5th Cir. 1975) (court must assess sufficiency of factual allegations on default)
- Josendis v. Wall to Wall Residence Repairs, Inc., 662 F.3d 1292 (11th Cir. 2011) (sets forth FLSA coverage tests for overtime claims)
- Wolf v. Coca-Cola Co., 200 F.3d 1337 (11th Cir. 2000) (elements for FLSA retaliation claim)
- Moore v. Appliance Direct, Inc., 708 F.3d 1233 (11th Cir. 2013) (liquidated damages for FLSA retaliation are discretionary)