Filed: Oct. 23, 2018
Latest Update: Oct. 23, 2018
Summary: ORDER ROY B. DALTON, JR. , District Judge . Plaintiff filed this action on April 2, 2018 seeking to recover alleged unpaid overtime wages under the Fair Labor Standards Act. ( See Doc. 1.) Defendant was served on April 13, 2018, and, on Plaintiff's motion, the Clerk entered a default on June 18, 2018. (Docs. 9, 10, 11.) Now, Plaintiff requests default judgment against Defendant. (Doc. 14 (" Motion ").) Specifically, Plaintiff seeks an award of damages, inclusive of liquidated damages, fo
Summary: ORDER ROY B. DALTON, JR. , District Judge . Plaintiff filed this action on April 2, 2018 seeking to recover alleged unpaid overtime wages under the Fair Labor Standards Act. ( See Doc. 1.) Defendant was served on April 13, 2018, and, on Plaintiff's motion, the Clerk entered a default on June 18, 2018. (Docs. 9, 10, 11.) Now, Plaintiff requests default judgment against Defendant. (Doc. 14 (" Motion ").) Specifically, Plaintiff seeks an award of damages, inclusive of liquidated damages, for..
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ORDER
ROY B. DALTON, JR., District Judge.
Plaintiff filed this action on April 2, 2018 seeking to recover alleged unpaid overtime wages under the Fair Labor Standards Act. (See Doc. 1.) Defendant was served on April 13, 2018, and, on Plaintiff's motion, the Clerk entered a default on June 18, 2018. (Docs. 9, 10, 11.)
Now, Plaintiff requests default judgment against Defendant. (Doc. 14 ("Motion").) Specifically, Plaintiff seeks an award of damages, inclusive of liquidated damages, for his unpaid wages and fees. (Id. ¶¶ 8-11.) On referral, U.S. Magistrate Judge Thomas B. Smith recommends that the Court grant the Motion. (Doc. 15 ("R&R").)
The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding no such error, the Court finds that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. U.S. Magistrate Judge Thomas B. Smith's Report and Recommendation (Doc. 15) is ADOPTED, CONFIRMED, and made a part of this Order.
2. Plaintiff's Motion for Default Final Judgment Against Defendant Courtesy Professional Security, Inc. (Doc. 14) is GRANTED.
3. The Clerk is DIRECTED to enter default judgment in favor of Plaintiff Patrick Schmitt and against Defendant Courtesy Professional Security, Inc. in the total amount of $25,441.00; and close the file.
DONE AND ORDERED.