Filed: Jul. 11, 2019
Latest Update: Jul. 11, 2019
Summary: ORDER ROY B. DALTON, JR. , District Judge . Plaintiff Ender Faria sued Defendant Lima Investment Solutions LLC, his former employer, for failure to pay overtime and minimum wage in violation of the Fair Labor Standards Act (" FLSA "). (Doc. 1.) Defendant failed to appear, so Plaintiff successfully obtained an entry of default against it. (Docs. 14, 15.) Now, Plaintiff moves for default judgment. (Doc. 18 (" Motion ").) On referral, U.S. Magistrate Judge Gregory J. Kelly recommends the Cour
Summary: ORDER ROY B. DALTON, JR. , District Judge . Plaintiff Ender Faria sued Defendant Lima Investment Solutions LLC, his former employer, for failure to pay overtime and minimum wage in violation of the Fair Labor Standards Act (" FLSA "). (Doc. 1.) Defendant failed to appear, so Plaintiff successfully obtained an entry of default against it. (Docs. 14, 15.) Now, Plaintiff moves for default judgment. (Doc. 18 (" Motion ").) On referral, U.S. Magistrate Judge Gregory J. Kelly recommends the Court..
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ORDER
ROY B. DALTON, JR., District Judge.
Plaintiff Ender Faria sued Defendant Lima Investment Solutions LLC, his former employer, for failure to pay overtime and minimum wage in violation of the Fair Labor Standards Act ("FLSA"). (Doc. 1.) Defendant failed to appear, so Plaintiff successfully obtained an entry of default against it. (Docs. 14, 15.) Now, Plaintiff moves for default judgment. (Doc. 18 ("Motion").) On referral, U.S. Magistrate Judge Gregory J. Kelly recommends the Court grant the Motion. (Doc. 19 ("R&R").) Specifically, Magistrate Judge Kelly found that Plaintiff sufficiently demonstrated that Defendant violated the FLSA's minimum wage and overtime provisions, so he recommends awarding Plaintiff $3,570.50 in damages and $460.00 in costs. (Id. at 5-9, 11.)
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 Gregory J. Kelly's Report and Recommendation (Doc. 19) is ADOPTED, CONFIRMED, and made a part of this Order.
2. Plaintiff's Motion for Entry of Default Final Judgment and Incorporated Memorandum of Law (Doc. 18) is GRANTED.
3. The Clerk is DIRECTED to:
a. Enter default judgment in favor of Plaintiff Ender Faria and against Defendant Lima Investment Solutions LLC for damages in the amount of $3,570.50 and costs in the amount of $460.00; and
b. Close the file.
DONE AND ORDERD.
