Filed: May 16, 2019
Latest Update: May 16, 2019
Summary: ORDER ROY B. DALTON, JR. , District Judge . Following the Court's entry of default against Defendant Eihab H. Tawfik (" Tawfik ") on Counts II and III (Doc. 47), Plaintiffs move for entry of judgment against Tawfik for $9,072.00, with $1,296.00 awarded to each Plaintiff. (Doc. 46 (" Motion ").) On referral, U.S. Magistrate Judge Philip R. Lammens ordered Plaintiffs to submit affidavits or other evidence to their Motion. (Doc. 48.) Only Plaintiffs Pamela Rizzo-Alderson, Deena Benehaley, Mur
Summary: ORDER ROY B. DALTON, JR. , District Judge . Following the Court's entry of default against Defendant Eihab H. Tawfik (" Tawfik ") on Counts II and III (Doc. 47), Plaintiffs move for entry of judgment against Tawfik for $9,072.00, with $1,296.00 awarded to each Plaintiff. (Doc. 46 (" Motion ").) On referral, U.S. Magistrate Judge Philip R. Lammens ordered Plaintiffs to submit affidavits or other evidence to their Motion. (Doc. 48.) Only Plaintiffs Pamela Rizzo-Alderson, Deena Benehaley, Murp..
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ORDER
ROY B. DALTON, JR., District Judge.
Following the Court's entry of default against Defendant Eihab H. Tawfik ("Tawfik") on Counts II and III (Doc. 47), Plaintiffs move for entry of judgment against Tawfik for $9,072.00, with $1,296.00 awarded to each Plaintiff. (Doc. 46 ("Motion").) On referral, U.S. Magistrate Judge Philip R. Lammens ordered Plaintiffs to submit affidavits or other evidence to their Motion. (Doc. 48.) Only Plaintiffs Pamela Rizzo-Alderson, Deena Benehaley, Murphy Black, and Tami Young (collectively, "Responsive Plaintiffs") complied. (Doc. 49.) With that, Magistrate Judge Lammens recommends granting the Motion in its entirety ("Motion Recommendation") and awarding damages to Responsive Plaintiffs ("Damages Recommendation"). (Doc. 50 ("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). The Court takes issue with only the Motion Recommendation. (Doc. 50, p. 5.) As the Motion requested $1,296.00 in damages for each Plaintiff and only Responsive Plaintiffs are entitled to their established damages (see Docs. 49, 50), the Court grants the Motion in part. Otherwise, the R&R is adopted.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. U.S. Magistrate Judge Philip R. Lammens' Report and Recommendation (Doc. 50) is ADOPTED IN PART and REJECTED IN PART:
a. The Court REJECTS the Motion Recommendation.
b. Otherwise, the R&R is ADOPTED, CONFIRMED, and made a part of this Order.
2. Plaintiffs' Motion for Entry of Judgment (Doc. 46) is GRANTED IN PART AND DENIED IN PART:
a. The Motion is GRANTED as to Plaintiffs Tami Young, Murphy Black, Deena Benehaley, and Pamela Rizzo-Alderson.
b. The Motion is DENIED as to Plaintiffs Evelyn Sarno, Nicole Richardson, and Tammy Reed.
c. The Clerk is DIRECTED to enter default judgment in favor of Responsive Plaintiffs.
d. The Court AWARDS damages for unpaid wages and corresponding liquidated damages as follows:
i. For Plaintiff Tami Young, damages in the amount of $648.00, plus an equal amount of liquidated damages, for a total amount of $1,296.00;
ii. For Plaintiff Murphy Black, damages in the amount of $648.00, plus an equal amount of liquidated damages, for a total amount of $1,296.00;
iii. For Plaintiff Deena Benehaley, damages in the amount of $648.00, plus an equal amount of liquidated damages, for a total amount of $1,296.00;
iv. For Plaintiff Pamela Rizzo-Alderson, damages in the amount of $259.20, plus an equal amount of liquidated damages, for a total amount of $518.
3. The Clerk is DIRECTED to administratively close this case.
DONE AND ORDERED.
