Summary
declining to exercise supplemental jurisdiction because "of the uncertainty regarding whether the pre-suit notice required by section 448.110 is constitutional, whether pre-suit notice is a substantive provision that must be complied with before filing a complaint in federal court, and the other significant differences between the FLSA and FMWA"
Summary of this case from Oster v. Lucky Rest. Mgmt. LLCOpinion
Case No. 6:08-cv-926-Orl-31KRS.
June 9, 2009
ORDER
This cause comes before the Court on Renewed Motion for Entry of Default Final Judge (Doc. No. 25) filed November 25, 2008.
On May 19, 2009, the United States Magistrate Judge issued a report (Doc. No. 53) recommending that the motion be granted, in part. No objections have been filed. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation is CONFIRMED and ADOPTED as part of this Order.
2. That the Renewed Motion for Entry of Default Final Judge is granted in part as follows:
a) The Clerk is directed to enter judgment on behalf of Plaintiff, Michael Kwasnik and against Defendant in the amount of $17,642.22;
b) The Clerk is directed to enter judgment on behalf of Plaintiff, Shavonia Hutchens and against Defendant in the amount of $21,902.40;
c) Counsel for Plaintiffs cannot withhold any amount o these damages from Plaintiffs, whether pursuant to a retainer agreement or otherwise.
3. The Court declines to exercise supplemental jurisdiction over the FMWA claims; and
4. The court retains jurisdiction to award costs and attorneys fees.
DONE and ORDERED.