United States District Court, M.D. Florida, Tampa Division
Charlene Edwards Honeywell United States District Judge
matter comes before the Court on Plaintiff's Motion for
Default Judgment Against Stoneworks of Manatee, LLC (Doc.
10). The defaulted Defendant has not responded in the time
allowed. Because the affidavit before the Court lacks the
requisite detail necessary to calculate damages, the Court
will grant the Plaintiff's Motion for Default Judgment,
January 9, 2017, Jose Maldonado (“Maldonado”)
filed a complaint to recover unpaid overtime compensation
against Stoneworks of Manatee, LLC (“Stoneworks”)
under the Fair Labor Standards Act, 29 U.S.C. § 216(b),
(“FLSA”). Doc. 1. A summons was issued to
Defendant Stoneworks of Manatee, LLC through its registered
agent Justino Rodriguez. Doc. 2. On January 16, 2017, the
affidavit of service was filed with the court showing service
was executed on Aileen Rodriguez. Doc. 7. Stoneworks
failed to plead or otherwise defend, and following a motion
by Jose Maldonado, a Clerk's Default was issued against
it on February 9, 2017. Doc. 9.
about August 1, 2015, until about September 30, 2016, Jose
Maldonado worked at Stoneworks as a stone fabricator and
installer. Doc. 10-1 at ¶ 4. During this time, Plaintiff
regularly worked over forty hours a week. Id. at
¶ 10, Doc. 1 at ¶ 9. Defendant never paid Maldonado
overtime compensation for those hours worked over forty hours
in willful violation of the FLSA. Doc. 10-1 at ¶ 6, Doc.
1 at ¶ 25. Defendant meets the standards for enterprise
coverage under the FLSA because it has gross revenues of over
$500, 000 and works on or with goods that have been moved in
or produced for commerce. Doc. 1 at ¶ 5-6. This Court
has subject matter jurisdiction of this claim pursuant to 28
U.S.C. §1337. Id. at ¶ 4.
Standard of Review
Federal Rules of Civil Procedure allow for a default judgment
to be entered when “the party against whom a
judgment… is sought has failed to plead or otherwise
defend, and that failure is shown by affidavit or
otherwise.” Thomas v. Bank of Am., N.A., 557
Fed.Appx. 873, 875 (11th Cir. 2014) (quoting Fed.R.Civ.P. 55
(a)). Allegations in a well-pleaded complaint are established
as fact on entry of a default judgment, as long as there is a
stated claim that allows for relief and jurisdiction is
established. See GMAC Commercial Mortg. Corp. v. Maitland
Hotel Assocs. 218 F.Supp.2d 1355, 1359 (M.D. Fla. 2002).
A well-pleaded complaint contains more than an
accusation.” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (citing Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007)). There must be sufficient factual
matter, accepted as true to state a claim to relief that is
plausible on its face. Id. (quoting
Twombly, 550 U.S. at 570).
Federal Rules of Civil Procedure provide that a corporation
is to be served pursuant to: 1) the laws of the state where
the district court is located or where service is made; or 2)
the methods of service provided in the Federal Rules of Civil
Procedure. Sanchez v. Grundy Pizza, Inc., No.
616CV596ORL31GJK, 2017 WL 693348, at *2 (M.D. Fla. Feb. 2,
2017), report and recommendation adopted, No.
616CV596ORL31GJK, 2017 WL 680066 (M.D. Fla. Feb. 21, 2017)
(citing Fed.R.Civ.P. 4(h)(1)). Both the Federal Rules of
Civil Procedure and Florida Statutes allow for a corporation
to be served by serving the corporation's registered
agent. Fed.R.Civ.P. 4(h)(1)(B); Fla Stat. §48.081(3)(a)
the verified return of service indicates that on January 12,
2017, at 3:44 p.m. the process server served Aileen Rodriguez
who is fifteen (15) years of age or older as
daughter/coresident of Justino Rodriguez at the address of
1427 23rd Ave E, Bradenton, FL 34208 within his usual place
of abode. Doc. 7. It appears that the address for the
registered agent is a private residence, and therefore,
service on his daughter as a co-resident was proper.
See Fla. Stat. §§ 48.081(3)(a);
February 8, 2017, more than twenty-one days after service,
Plaintiff moved for a Clerk's Default. The Defendant
neither responded nor appeared in this action, thus the Clerk
correctly entered the default on February 9, 2017.