Vaccaro v. Custom Sounds, Inc.

Full title: LEWIS VACCARO, Plaintiff, v. CUSTOM SOUNDS, INC., a Florida corporation…

Court: United States District Court, M.D. Florida, Jacksonville Division

Date published: Mar 24, 2010

Case No. 3:08-cv-776-J-32JRK (M.D. Fla. Mar. 24, 2010)

Opinion

Case No. 3:08-cv-776-J-32JRK.

March 24, 2010

ORDER

TIMOTHY CORRIGAN, Magistrate Judge

This case, brought pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"), is before the Court on Plaintiff's Motion for Default Judgment against Defendants. (Doc. 16.) The Court previously reserved ruling on Plaintiff's motion pending the outcome of a damages hearing before the assigned United States Magistrate Judge. (Doc. 19.) The hearing was held on December 11, 2009 (Doc. 21), and the Honorable James R. Klindt issued a Report and Recommendation (Doc. 23) recommending that Plaintiff's damages be calculated as $19,424.00, ¹ attorney's fees be calculated as $2,970.00, and costs be calculated as $486.00, for a total of $22,880.00. No party has filed any objections to the Report and Recommendation, and the time in which to do so has now passed.

1 This amount represents awards of (1) $164.80 in minimum wages plus $164.80 in liquidated damages; (2) $1,047.20 in unpaid overtime compensation plus $1,047.20 in liquidated damages; (3) $6,000.00 in lost wages plus $6,000.00 in liquidated damages; and (4) $5,000.00 in compensatory damages for emotional distress.

Accordingly, upon independent review of the file and for the reasons stated in the Report and Recommendation (Doc. 23) and this Court's prior Order (Doc. 19), it is hereby

ORDERED:

1. Plaintiff's Motion for Default Judgment (Doc. 16) is GRANTED.

2. The Report and Recommendation of the Magistrate Judge (Doc. 23) is ADOPTED as the opinion of the Court.²

2 While the Court adopts the Magistrate Judge's recommendation regarding the award of emotional distress damages in this default situation, the undersigned reserves judgment whether, in a contested case, emotional distress damages are awardable in an FLSA retaliation scenario.

3. The Clerk is directed to enter a default judgment in favor of plaintiff, LEWIS VACCARO, and against defendants CUSTOM SOUNDS, INC., MELVILLE O. LETTSOME, and ELVIS LETTSOME, jointly and severally, in the amount of $22,880.00.

4. Thereafter, the Clerk should close the file.

DONE AND ORDERED at Jacksonville, Florida,