Opinion
Case No: 8:06-cv-1032-T-26EAJ.
August 15, 2006
ORDER
Upon due consideration, it is ordered and adjudged that Plaintiff's Motion to Strike (Dkt. 15) is denied. As Plaintiff points out, Eleventh Circuit precedent allows a defendant to recover attorney's fees under the Fair Labor Standards Act upon a showing of "bad faith." See Kreager v. Solomon Flanagan, P.A., 775 F. 2d 1541, 1543 (11th Cir. 1985). In the Court's view, the fact that Defendant did not allege the magical phrase "bad faith" in its answer does not detract from its entitlement to claim attorney's fees under this precedent.
DONE AND ORDERED