Carly Randall v. Clint Im; The Bottling Co., LLC; Relief Brand LLC; CBD Direct LLC; OHC LLC; and Industry Supply LLC

Summary

The United States District Court for the District of Oregon adopts a magistrate judge’s Findings and Recommendation and grants in part and denies in part Plaintiff Carly Randall’s motion for default judgment. The court holds that Defendant Clint Im, having been in default and not moved to set aside the default, could not participate in the case, and finds that Plaintiff sufficiently established entitlement to Oregon penalty wages for willfully unpaid wages.

Holdings

1. A defendant who has been entered into default is generally precluded from participating in the case unless the default is first set aside under Federal Rule of Civil Procedure 55(c). Because Defendant Im had not moved to set aside the default, he could not participate through objections to the Findings and Recommendation.
2. Randall sufficiently proved that Defendants willfully failed to pay earned and unpaid wages when her employment terminated and therefore was entitled to penalty wages under Oregon Revised Statutes §§ 652.140(1) and 652.150(1), in the amount calculated in the Findings and Recommendation.

Questions Presented

1. Whether a defendant who has been entered into default and has not moved to set aside the default may participate by filing objections to a magistrate judge's Findings and Recommendation.
2. Whether Plaintiff sufficiently established entitlement to penalty wages under Oregon Revised Statutes §§ 652.140(1) and 652.150(1) based on Defendants' willful failure to pay earned and unpaid wages at termination.

Disposition

other