Michael Xydas v. AK89 L.L.C. d/b/a Rock N Roll Sushi

Summary

The United States District Court for the Northern District of Florida adopts the magistrate judge’s Report and Recommendation and directs entry of default judgment for Michael Xydas against AK89 L.L.C. d/b/a Rock N Roll Sushi in the amount of $2,722.70. The court holds that Xydas is entitled to reasonable attorney’s fees and costs under 29 U.S.C. § 216(b), while leaving the amount of fees for later determination. The court also explains that the LLC’s owner could not object on the LLC’s behalf without licensed counsel.

Holdings

1. An LLC and other artificial business entities may appear in federal court only through licensed counsel; therefore, the former owner's letter could not be treated as an objection on behalf of Defendant.
2. A prevailing plaintiff's entitlement to an award of reasonable attorney's fees under 29 U.S.C. § 216(b) is mandatory, although the amount of a reasonable fee may in appropriate circumstances be determined to be zero.
3. The magistrate judge's Report and Recommendation was adopted, and the Clerk was directed to enter default judgment awarding Plaintiff $2,722.70 against Defendant.

Questions Presented

1. Whether an LLC's owner who is not a licensed attorney may submit an objection to a magistrate judge's Report and Recommendation on behalf of the LLC.
2. Whether a prevailing plaintiff's entitlement to attorney's fees under 29 U.S.C. § 216(b) may be denied based on the objection submitted by Defendant's former owner.
3. Whether the magistrate judge's Report and Recommendation should be adopted and default judgment entered for $2,722.70.

Disposition

other