PIMENTEL
v.
STRENGTH20, LLC
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The court held that a default judgment under Rule 55(a) is inappropriate when defendants have appeared, answered, and engaged in discovery, even if they have stalled the case.
Plaintiffs sued their former employers under the Fair Labor Standards Act for unpaid minimum wage and overtime. Plaintiffs moved for a default judgmen…
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Plaintiffs sue under the Fair Labor Standards Act. They allege Defendants (their former employers) did not pay minimum wage or overtime as required. (See Doc. 1.) [fn 1]
Plaintiffs now ask the Court to hold Defendants Strength20, LLC and Rommel Ariza (collectively “Defendants”) in default under Fed. R. Civ. P. 55(a). (Doc. 127.) But Rule 55(a) only triggers when a party “has failed to plead or otherwise defend.” (Id.) Defendants have appeared, answered the complaint, and engaged in discovery. Indeed, Defendants filed a brief contesting a discovery issue just a few weeks ago. (Doc. 121.) Default “would not be appropriate" on these facts. Deforest v. Johnny Chisholm Glob. Events, LLC, No. 3:08CV498MCREMT, 2010 WL 1792094, at *9 (N.D. Fla. May 4, 2010); see also Montecalvo v. Brandon Auto Clinic, Inc., No. 8:07-CV-851-T-30MSS, 2007 WL 2155581, at *1 (M.D. Fla. July 26, 2007).
Plaintiffs' real problem, as best the Court can tell, is that Defendants have stalled the orderly progression of this case. For instance, Defendants have twice been ordered to produce discovery. And most recently, they failed to appear for a duly noticed deposition. (See Doc. 127 at 2-3.) The Court in no way condones such conduct. But the proper mechanism to hold Defendants
accountable is Rule 37, not Rule 55. See Malautea v. Suzuki Motor Co., 987 F. 2d 1536, 1542 (11th Cir. 1993) (explaining that Rule 37 provides district courts “broad discretion to fashion appropriate sanctions” for discovery violations and non-compliance).
Accordingly, Plaintiffs' Motion for Clerk's Default (Doc. 127) is DENIED.
ORDERED in Fort Myers, Florida on June 18, 2024.
Kyle C. Dudek United States Magistrate Judge
Copies: All Parties of Record
[fn 1]: Unless otherwise indicated, all internal quotation marks, citations, and alterations have been omitted in this and later citations.
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In re Benefits for Primerica Policy Nos. Ending in 2084 & 3112 (M.D. Fla. 2024)…6:12-cv-948-Orl, 2012 WL 12904224, at *1 (M.D. Fla. Sept. 28, 2012), report and recommendation ---PAGE 2--- adopted, 6:12-cv-948-Orl, 2012 WL 12904225 (M.D. Fla. Oct. 4, 2012) (quoting Deforest v. Johnny Chisholm Glob. Events, LLC, No. 3:08-cv-498, 2010 WL 1792094, at *7 (N.D. Fla. May 4, 2010); Fed. R. Civ. P. 55(a), (b). First, the clerk must enter a party's default "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by…1 / 2
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Pimentel v. Strength20, LLC, 2010 WL 1792094 (M.D. Fla. 2024)…mplaint, and engaged in discovery. Indeed, Defendants filed a brief contesting a discovery issue just a few weeks ago. (Doc. 121.) Default “would not be appropriate" on these facts. Deforest v. Johnny Chisholm Glob. Events, LLC, No. 3:08CV498MCREMT, 2010 WL 1792094, at *9 (N.D. Fla. May 4, 2010); see also Montecalvo v. Brandon Auto Clinic, Inc., No. 8:07-CV-851-T-30MSS, 2007 WL 2155581, at *1 (M.D. Fla. July 26, 2007). Plaintiffs' real problem, as best the Court can tell, is that Defendants have stalled the o…
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Scheibel v. Grillakis (M.D. Fla. 2025)…fault must be entered before default judgment. See Awgi, LLC, 2012 WL 12904224, at *1 (“‘[T]he clerk's entry of default must precede an application' for default judgment.") (quoting Deforest v. Johnny Chisholm Glob. Events, LLC, No. 3:08CV498MCREMT, 2010 WL 1792094, at *7 (N.D. Fla. May 4, 2010)); Cummings v. MNR Ramy, Inc., No. 6:19-CV-2010-RBD-GJK, 2021 WL 7450452, at *1 (M.D. Fla. Aug. 20, 2021) ("[B]ecause [p]laintiff did not obtain a clerk's default against Garnishee, a default judgment is unavailable.");…
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- Pimentel v. Strength20, LLC, 2010 WL 1792094 (M.D. Fla. 2024)