Opinion
Civil Action 1:21-cv-04806
11-24-2021
MARTIN J. WALSH, Secretary of Labor, United States Department of Labor, Plaintiff, v. FINGA LICKING CHICAGO, LLC d/b/a LICKING CHICAGO, an Illinois limited liability company, and LENNY WESTON, individually. Defendants.
SEEMA NANDA Solicitor of Labor CHRISTINE Z. HERI Regional Solicitor BARBARA M. VILLALOBOS Senior Trial Attorney Attorneys for MARTIN J. WALSH, Secretary of Labor, United States Department of Labor, Plaintiff
SEEMA NANDA
Solicitor of Labor
CHRISTINE Z. HERI
Regional Solicitor
BARBARA M. VILLALOBOS
Senior Trial Attorney
Attorneys for MARTIN J. WALSH,
Secretary of Labor, United States
Department of Labor, Plaintiff
Judge: Steven C. Seeger
MOTION FOR JUDGMENT BY DEFAULT
Now comes MARTIN J. WALSH, Secretary of Labor, United States Department of Labor, plaintiff in the above-entitled action, and shows that the complaint in the above case was filed in this Court on September 10, 2021, summons and complaint were duly served on defendants on September 10, 2021, no answer or other defense has been filed by defendants, and default was entered in the civil docket in the Office of the Clerk of this Court on the 19th day of November, 2021.
Wherefore, plaintiff moves that this Court make and enter a judgment permanently enjoining and restraining defendants, FINGA LICKING CHICAGO, LLC, an Illinois Limited Liability Company, and LENNY WESTON (collectively “Defendants”), an individual, and agents, officers, servants, employees, and those persons in active concert or participation with them, from violating the provisions of sections 6, 7, 11, 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938, as Amended (29 U.S.C. § 201 et seq.) and restraining defendants from withholding payment of $31,910.52 in unpaid minimum wage and overtime compensation due to their employees under the Act, as well as $31,910.52 in liquidated damages under 29 U.S.C. § 216(c).
Respectfully submitted, SEEMA NANDA
Solicitor of Labor
CHRISTINE Z. HERI
Regional Solicitor
BARBARA M. VILLALOBOS
Senior Trial Attorney
Attorneys for MARTIN J. WALSH, Secretary of Labor, United States
Department of Labor, Plaintiff
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Secretary of Labor's Motion for Default Judgment, Memorandum of Law in Support of Motion for Default Judgment, Declaration of Investigator Victor Fratti, and Declaration of Attorney Barbara M. Villalobos were filed with the Court on November 24, 2021, using the Court's CM/ECF system; a WORD version of the proposed Order was sent by email to ProposedOrderSeeger@ilnd.uscourts.gov; and all documents served on the following by electronic mail to info@penmanlegal.com and lennyweston03@yahoo.com; and also served via first-class mail:
Peniel Manigat
150 N. Michigan Ave., Suite 800
Chicago, IL 60601
Peniel Manigat
Penman & Associates
77 W. Wacker Drive, Suite 4500
Chicago, IL 60601
Lenny Weston
28940 N. Sky Crest Drive
Mundelein, IL 60060-5303
Finga Licking Chicago
5045 W. Madison St.
Chicago IL 60644
ATTN: Lenny Weston
BARBARA M. VILLALOBOS Senior Trial Attorney