United States District Court, D. Maryland
DEBORAH K. CHASANOW United States District Judge
pending and ready for resolution in this unpaid wage and
overtime case is a motion for default judgment filed by
Plaintiffs Iris Sanabria, Karina Pleitez, and Rosario Lainez
(“Plaintiffs”). (ECF No. 14). The court now
rules, no hearing being deemed necessary. Local Rule 105.6.
For the following reasons, Plaintiffs' motion will be
granted in part and denied in part.
complaint recites that they were employed as wait staff at
Defendant Cocody, Inc.'s restaurant known as “Coco
Cabana Bar and Grill.” Defendant Moussa Toure is the
“founder and director” of Defendant Cocody, Inc.
Plaintiffs allege that they regularly worked an average of 27
hours per week on Friday, Saturday, and Sunday nights but
were not compensated.
filed their complaint on February 9, 2016. (ECF No. 1).
Plaintiffs allege violations pursuant to the Fair Labor
Standards Act of 1938, as amended, 29 U.S.C. § 201
et seq. (“FLSA”) (Count I); the Maryland
Wage and Hour Law, Md. Code Ann., Lab. & Empl. §
3-401 et seq. (“MWHL”) (Count II); and
the Maryland Wage Payment and Collection Law, Md. Code Ann.,
Lab. & Empl. § 3-501 et seq.
(“MWPCL”) (Count III).
of process was properly effected on Defendant Cocody, Inc. on
February 22, 2016, and upon Defendant Moussa Toure on March
22, 2016. When Defendants failed to respond within the
requisite time period, Plaintiffs moved for the entry of
default. (ECF No. 8). On May 9, 2016, the clerk entered
default. (ECF No. 9). On April 10, 2017, Plaintiff filed the
pending motion for default judgment and attached as exhibits
affidavits of Plaintiffs. (ECF Nos. 14, 14-3, 14-4, and
14-5). To date, Defendants have taken no action in the case.
Standard of Review
Federal Rule of Civil Procedure 55(a), “[w]hen a party
against whom a judgment for affirmative relief is sought has
failed to plead or otherwise defend, and that failure is
shown by affidavit or otherwise, the clerk must enter the
party's default.” Rule 55(b)(1) provides that the
clerk may enter a default judgment if the plaintiff's
claim is “for a sum certain or a sum that can be made
certain by computation.”
[entry of] default, the well-pled allegations in a complaint
as to liability are taken as true, but the allegations as to
damages are not.” S.E.C. v. Lawbaugh, 359
F.Supp.2d 418, 422 (D.Md. 2005). It remains, however,
“for the court to determine whether these unchallenged
factual allegations constitute a legitimate cause of
action.” Agora Fin., LLC v. Samler, 725
F.Supp.2d 491, 494 (D.Md. 2010). While the court may hold a
hearing to consider evidence as to damages, it is not
required to do so; it may rely instead on “detailed
affidavits or documentary evidence to determine the
appropriate sum.” Adkins v. Teseo, 180
F.Supp.2d 15, 17 (D.D.C. 2001) (citing United Artists
Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir.
were served with the complaint but have not responded.
Accordingly, all of Plaintiffs' allegations ...