PEREZ
v.
MARGARITAS V&P, INC.

M.D. Fla. | 2023-03-29
No. 6:22-cv-1133
District Court, M.D. Florida (2023)

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Holding

The court adopted the Magistrate Judge's recommendation to grant default judgment against the defendant.


Facts & Procedural History

Plaintiff filed a motion for default judgment in a Fair Labor Standards Act case. The Magistrate Judge recommended granting the motion and awarding da…

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Opinion of the Court

In this Fair Labor Standards Act case, Plaintiff filed a Motion for Entry of Final Default Judgment. (Doc. 20 (“Motion”).) On referral, U.S. Magistrate Judge Embry J. Kidd recommends granting Plaintiff’s Motion, entering default judgment against Defendant, and awarding Plaintiff damages. (Doc. 24 (“R&R”).) The time has passed and there were no objections, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 24) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety. 2. Plaintiff’s Motion (Doc. 20) is GRANTED. 3. The Clerk is DIRECTED to enter a final default judgment in favor of Plaintiff Juan Perez and against Defendant Margaritas V&P, Inc. as follows:

a. $3,331.31 in actual damages for Plaintiff's unpaid overtime

wages and $3,331.31 in liquidated damages, for a total damages award of $6,662.62. b. $6,967.50 in attorney’s fees and $461.00 in costs. 4, The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on March 29, 2023.

. iy B) Lid, “ROY B. DALTON JR’ United States District Judge


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