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DESALVO v. SUNSTATE TOWING, LLC, 6:14-cv-216-Orl-31GJK. (2015)

Court: District Court, M.D. Florida Number: infdco20150519843 Visitors: 13
Filed: May 18, 2015
Latest Update: May 18, 2015
Summary: ORDER GREGORY A. PRESNELL , District Judge . This matter is before the Court on the parties' memoranda regarding liquidated damages (Doc. 73, 74) in this FLSA case. On May 5, 2015, the jury returned a verdict for the Plaintiff and against the Defendants. By stipulation of the parties, the Plaintiff's damages for unpaid overtime were set at $9,750. Pursuant to 29 U.S.C. 216(b), an equal amount is due as liquidated damages, unless the employer demonstrates subjective good faith and an obje
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ORDER

This matter is before the Court on the parties' memoranda regarding liquidated damages (Doc. 73, 74) in this FLSA case.

On May 5, 2015, the jury returned a verdict for the Plaintiff and against the Defendants. By stipulation of the parties, the Plaintiff's damages for unpaid overtime were set at $9,750. Pursuant to 29 U.S.C. § 216(b), an equal amount is due as liquidated damages, unless the employer demonstrates subjective good faith and an objectively reasonable basis to believe that its conduct did not violate the Act. See Rodriguez v. Farm Stores Grocery, Inc., 518 F.3d 1259, 1272 (11th Cir. 2008). Upon review of the parties' submissions, the Court finds that the Defendants have failed to make the necessary showing. Accordingly, it is

ORDERED that judgment be entered for the Plaintiff and against both Defendants in the sum of $19,500 ($9,750 × 2), plus taxable costs and attorneys' fees. And it is further

ORDERED that the Plaintiff shall file her application for attorneys' fees with supporting documentation by May 29, 2015. The Defendant's response is due on or before June 12, 2015.

DONE and ORDERED.

Source:  Leagle

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