Summary
The United States District Court for the Western District of Texas adopted a magistrate judge’s Report and Recommendation and granted Tabitha J. Robinson’s motion for default judgment under the Fair Labor Standards Act. The court awarded $11,138 in actual damages, $11,138 in liquidated damages, $3,200 in attorney’s fees, court costs to be determined, and post-judgment interest, with defendants jointly and severally liable. The Clerk was directed to enter judgment and close the case.
Holdings
- When neither party objects to a magistrate judge's findings, the district court reviews the Report and Recommendation for clear error.
- Default judgment was warranted because the defendants failed to appear or otherwise respond and Robinson stated a claim upon which relief could be granted.
- Robinson was entitled to $11,138 in actual damages, $11,138 in liquidated damages, $3,200 in attorney's fees, court fees to be determined under Local Rule CV-54, and post-judgment interest under 28 U.S.C. § 1961, with the defendants jointly and severally liable.
Questions Presented
- Whether the district court should review and adopt the magistrate judge's Report and Recommendation where no objections were filed.
- Whether Robinson was entitled to default judgment because the defendants failed to appear or respond and the complaint stated a claim for FLSA overtime violations.
- Whether the damages, liquidated damages, attorney's fees, costs, and post-judgment interest recommended by the magistrate judge should be awarded against the defendants jointly and severally.
Disposition
other
Cases Cited (1)
- United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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