United States District Court, M.D. Florida, Tampa Division
WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE
cause comes before the Court on Plaintiff’s Renewed
Motion for Entry of Default Final Judgment with affidavits
(Dkts. 19; 19-1; 19-2). After reviewing the pleadings,
affidavits, and the entire file, the Court concludes a
default final judgment should be entered as to liability,
damages, and costs.
brought this action to recover unpaid minimum wage and
overtime under the Fair Labor Standards Act, 29 U.S.C. §
201 et seq. (FLSA) against Defendant MI
Supermercado, LLC d/b/a Bravo Supermarket. Dkt. 1. Defendant
failed to answer or otherwise defend. A clerk’s default
was entered pursuant to Rule 55(a) of the Federal Rules of
Civil Procedure. Dkt. 18. Plaintiff now seeks a final default
judgment against Defendant pursuant to Rule 55(b).
determine whether the moving party is entitled to a default
final judgment under Rule 55, the Court must review the
sufficiency of the complaint and its underlying substantive
merits. Chudasma v. Mazda Motor Corp., 123 F.3d
1353, 1370, n.41 (11th Cir. 1997). For purposes of liability,
a defaulting defendant admits only the plaintiff’s
well-pleaded allegations of fact. Buchanan v.
Bowman, 820 F.2d 359, 361 (11th Cir. 1987);
Nishimatsu Constr. Co. v. Houston Nat’l Bank,
515 F.2d 1200, 1206 (5th Cir. 1975). If there is a
“sufficient basis in the pleadings, ” a default
judgment should be entered. Annon Consulting, Inc. v.
BioNitrogen Holdings Corp., 650 Fed.Appx. 729, 733 (11th
Cir. 2016) (quoting Nishimatsu).
the Court has established liability, then it must conduct an
inquiry to ascertain the amount and character of damages to
be awarded. Whole Space Indus. Ltd. v. Gulfcoast
Int’l Prods., Inc., 2009 WL 2151309, at *3 (M.D.
Fla. July 13, 2009) (citing Wallace v. Kiwi Group,
Inc., 247 F.R.D. 679, 681 (M.D. Fla. 2008)). “[A]
judgment by default may not be entered without a hearing [on
damages] unless the amount claimed is a liquidated sum or one
capable of mathematical calculation.” United Artist
Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)
(citations omitted); see also Fed. R. Civ. P.
55(b)(1) (“If the plaintiff’s claim is for a sum
certain or a sum that can be made certain by computation
[judgment may be entered on an affidavit].”). A hearing
may not be necessary if essential evidence is before the
Court. SEC v. Smyth, 420 F.3d 1225, 1231 (11th Cir.
prevail on a claim for wages, the plaintiff must show that
(1) he was employed by the defendant; (2) he was employed by
an enterprise engaged in commerce, and (3) the defendant
failed to pay him the minimum wage or overtime as required by
the FLSA. Moser v. Action Towing Inc of Tampa, No.
8:16-cv-420-T-35JSS, 2017 WL 10276702, at *1 (M.D. Fla. Feb.
6, 2017) (citation omitted). Plaintiff worked as a butcher in
two different locations from October 2016 through July 2018.
Dkts. 1 ¶ 11; 19-1 ¶ 3. MI Supermarket, as a
grocery store, meets the definition of an enterprise engaged
in commerce with yearly sales of $500, 000 or more. Dkt. 1
¶¶ 14-16; see 29 U.S.C. §203(s)(1).
failed to receive overtime wages for one or more weeks from
April 2018 through July 2018 when his work there ended. Dkts.
1 ¶ 32; 19-1 ¶ 6; 20. Defendant failed to keep time
records, yet deducted an average of five hours per week from
the total number of hours worked. Dkts. 1 ¶ 28; 19-1
¶ 6; 20. The overtime totals $1, 203.75, which resulted
from Defendant’s willful withholding of wages. Dkts. 1
¶¶ 35-39, 40-43, 50-53; 19-1 ¶ 8; 20. Based on
the pleadings, affidavits, and exhibits, the Court finds a
sufficient basis to enter a default judgment as to liability.
seeks $1, 203.75 for unpaid wages, $1, 203.75 in liquidated
damages under the FLSA, and $460.00 in costs. Dkts. 19-1
¶ 8; 20 (damages); 19-2 (costs). The Court finds the
damages are a sum certain which are ascertainable by
mathematical calculation. The costs are authorized and
therefore ORDER ...