Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Diaz v. Naylor

United States District Court, E.D. Virginia, Alexandria Division

February 26, 2019

ERNESTO M. DIAZ, et al, Plaintiffs,
v.
RODNEY L. NAYLOR, Defendant.

          ORDER

          Leonie M. Brinkema United States District Judge

         Before the Court is a Report and Recommendation ("Report") issued by a magistrate judge on February 7, 2019 [Dkt. No. 11], which recommends that default judgment be entered against defendant Rodney L. Nay lor ("Naylor") for violations of the Fair Labor Standards Act ("FLSA") and that plaintiffs[1] recover unpaid wages, overtime wages, liquidated damages, and attorney's fees and costs. See Report at 12-13. The parties were advised that any objections to the Report had to be filed within 14 days and that failure to file a timely objection waived the right to appeal any judgment based upon the Report. Id. at 14. As of February 26, 2019, no party has filed an objection. The Court has reviewed the Report, the plaintiffs' motion for default judgment, and the case file, and adopts the Report in full.

         The magistrate judge correctly determined that the Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331 because it involves a federal question arising under the FLSA. Id. at 2. The magistrate judge also correctly concluded that this Court has personal jurisdiction over defendant because he regularly conducted business in Virginia[2] and that venue is appropriate pursuant to 28 U.S.C. § 1391. Id. at 3. Lastly, the magistrate judge correctly concluded that plaintiffs properly served defendant via the Secretary of the Commonwealth and that he failed to appear or otherwise participate in these proceedings. Id. at 3-4.

         The Court finds that the magistrate judge properly concluded that defendant paid his employees less than the federal minimum wage and at rates less than the required rate of 1.5 times the federal minimum wage for each hour worked in excess of 40 hours per week. Id. at 7-9. Plaintiffs allege that from May through August 2018, they performed cleaning services on behalf of defendant in Alexandria, Virginia for which they were not paid, Id. at 5, and supported these claims by submitting declarations attesting to the unpaid hours being claimed, Pis.' Mot. for Entry of Default J. [Dkt. No. 7] Ex. 1. The magistrate judge found that because the FLSA violations were willful and there was no evidence indicating that defendant acted in good faith, he must also pay liquidated damages in an amount equal to the amount of unpaid wages pursuant to 29 U.S.C. § 216(b). Report at 11. In addition, the magistrate judge found plaintiffs' request for attorney's fees and costs to be reasonable and recoverable. Id. at 11-12.

         Accordingly, the Report is ADOPTED, plaintiffs' Motion for Default Judgment [Dkt. No. 7] and plaintiff Diaz's Amended Motion for Default Judgment [Dkt. No. 10] are GRANTED, and it is hereby

         ORDERED that default judgment in the total amount of $47, 603.00 be and is awarded in favor of plaintiffs against defendant Rodney L. Naylor for violations of the FLSA, consisting of the following amounts:

• Plaintiff Ernesto M. Diaz be and is awarded $19, 380 in damages, consisting of $4, 640 in unpaid non-overtime wages; $5, 050 in unpaid overtime wages and premiums; and $9, 690 in liquidated damages;
• Plaintiff Jorge A. Torres be and is awarded $2, 537.50 in damages, consisting of $1, 268.75 in unpaid non-overtime wages and $1, 268.75 in liquidated damages;
• Plaintiff Jesus G. Gonzalez be and is awarded $2, 537.50 in damages, consisting of $1, 268.75 in unpaid non-overtime wages and $1, 268.75 in liquidated damages;
• Plaintiff Encarnacion Romero-Alverez be and is awarded $3, 552.50 in damages; consisting of $1, 776.25 in unpaid non-overtime wages and $1, 776.25 in liquidated damages;
• Plaintiff Noe Sigfredo Alvarado Torres be and is awarded $2, 537.50 in damages, consisting of $1, 268.75 in unpaid non-overtime wages and $1, 268.75 in liquidated damages;
• Plaintiff Lidia M. Adams be and is awarded $1, 885.00 in damages, consisting of $942.50 in unpaid non-overtime wages and $942.50 in liquidated damages;
• Plaintiff Ninna K. Adams be and is awarded $2, 320.00 in damages, consisting of $ 1, 160.00 in unpaid non-overtime wages and $1, 160.00 in liquidated damages;
• Plaintiff Martha L. Torres be and is awarded $1, 885.00 in damages, consisting of $942.50 in unpaid non-overtime wages and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.