United States District Court, D. South Carolina, Florence Division
Frank Search and Robert Rose, on behalf of themselves and all others similarly situated, Plaintiffs,
Material Transport, LLC, and Kimberly M. Cherry, Defendants.
Bryan Harwell United States District Judge
matter is before the Court on Plaintiffs' [ECF No. 8]
motion for default judgment. The Court finds there is no need
for an evidentiary hearing and that a decision is properly
reached on the basis of the uncontested pleadings, sworn
declarations, and attachments to the motion. See
Fed. R. Civ. P. 55(b)(2)("The Court may conduct hearings
. . . when, to enter or effectuate judgment, it needs to: (A)
conduct an accounting; (B) determine the amount of damages;
(C) establish the truth of any allegation by evidence; or (D)
investigate any other matter."); Anderson v.
Foundation for Advancement, Education and Employment of
American Indians, 155 F.3d 500, 507 (4th Cir.
1998)("[I]n come circumstances a district court entering
a default judgment may award damages ascertainable from the
pleadings without holding a hearing.") "If the
defendant does not contest the amount pleaded in the
complaint and the claim is for a sum that is certain or
easily computable, the judgment can be entered for that
amount without further hearing." JTH Tax, Inc. v.
Smith, No. 2:06cv76, 2006 WL 1982762, at *2 (E.D. Va.
June 23, 2006).
careful review of the pleadings, return, motion, and all
exhibits attached thereto, the Court finds the Defendants
failed to plead or otherwise defend as required by the
Federal Rules of Civil Procedure. Accordingly, Defendants
have admitted that they willfully and intentionally failed to
pay Plaintiffs at one and one-half times their regular rates
of pay for all time they worked in excess of forty hours per
work week, as required under the FLSA. See
[Complaint, ECF No. 1, at ¶¶ 61, 62].
to 29 U.S.C. § 216(b), "any employer who violates
the provisions of section 206 or section 207 of this title
shall be liable to the employee or employees affected in the
amount of their unpaid minimum wages, or their unpaid
overtime compensation, as the case may be, and in an
additional equal amount as liquidated damages."
Plaintiff Frank Search filed a sworn declaration indicating
that his regular rate of pay was $15.00 per hour. Mr. Search
was entitled to an overtime premium of $7.50 per hour. During
the applicable limitations period, Mr. Search worked
approximately 1, 300 hours of overtime, for which he was not
paid an overtime premium. Mr. Search is owed approximately
$9, 750.00 (1, 300 hours x $7.50 = $9, 750.00) by Defendants
for his overtime hours during the applicable limitations
period. Plaintiff Search is also entitled to the same amount
in liquidated damages for a total of $19,
500.00 in damages.
Robert Rose filed a sworn declaration indicating that his
regular rate of pay was $15.00 per hour and that he was
entitled to an overtime premium of $7.50 per hour. During the
applicable limitations period, Mr. Rose worked approximately
1, 120 hours of overtime, for which he was not paid an
overtime premium. Mr. Rose is owed approximately $8, 400.00
(1, 120 hours x $7.50 = $8, 400.00) by Defendants for his
overtime hours during the applicable limitations period.
Plaintiff Rose is also entitled to the same amount in
liquidated damages for a total of $16,
800.00 in damages.
sworn declarations support an FLSA award for unpaid overtime
compensation and liquidated damages and provide a reasonable
basis upon which to rest an award of damages that is easily
Court declines, however, to award Plaintiffs damages on their
quantum meruit claims. Plaintiffs claim they are entitled to
approximately $10, 500.00 and $10, 000.00 dollars
respectively under a verbal agreement with Defendants,
wherein Defendants allegedly agreed to pay Plaintiffs 22% of
what their truck earned when hauling raw materials. The
record does not reflect how much Plaintiffs' trucks
earned during the relevant period and does not support an
award of damages that is easily computable with respect to
the quantum meruit claims.
for the Plaintiffs has submitted a sworn declaration of
attorney's fees and costs. Attorney's fees and costs
are recoverable under 29 U.S.C. § 216(b) of the FLSA,
which states "[t]he court in such action shall, in
addition to any judgment awarded to the plaintiff or
plaintiffs, allow a reasonable attorney's fee to be paid
by the defendant, and costs of the action." Local
counsel seeks an attorney fee of $1, 300.00;
lead counsel seeks an attorney fee in the amount of
$7, 025.00 and costs in the amount of
$578.59. The Court finds that the amount
sought is reasonable and recoverable under 29 U.S.C. §
216(b) and the factors set forth in Barber v.
Kimbrell's, Inc., 577 F.2d 216 (4th Cir. 1978).
Plaintiffs' motion for default judgment is
GRANTED against the Defendants in the
Plaintiff Frank Search
Plaintiff Robert Rose
Attorney's fees - Local Counsel
- Lead Counsel
Pursuant to 28 U.S.C. § 1961, interest on the Judgment
at the legal rate shall continue to accrue ...