United States District Court, W.D. Arkansas, Fayetteville Division
OPINION AND ORDER
TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE
before the Court are Plaintiff Shelby Murdock's Motion
for Default Judgment (Doc. 11) and Brief in Support (Doc.
12), filed against Defendants Daniel McNair, Daniel McNair,
Ltd., and Daniel McNair, Ltd., d/b/a Rover Oaks Grooming,
Boarding, Training & Day Care. Defendants have not filed
any response to the Motion, and the time to do so has passed.
The lawsuit was filed on November 2, 2017, and Murdock
personally served it on Defendant Daniel McNair (Doc. 6) and
on Daniel McNair as agent for Defendant Daniel McNair, Ltd.
(Doc. 7) on November 10, 2017. The Complaint alleges that
Murdock performed dog grooming services for the Defendants,
and Defendants failed to pay her minimum wages and overtime
compensation in violation of the Fair Labor Standards Act
("FLSA") and the Arkansas Minimum Wage Act
("AMWA"). The Complaint also asserts that
Defendants failed to pay Murdock her entire final paycheck
and were unjustly enriched by their unlawful retention of
Murdock's tips. Murdock requests as damages that
Defendants pay her earned overtime wages, an equal amount of
liquidated damages, the total amount of her tips that they
unlawfully retained, her final paycheck plus 60 days'
worth of wages owed as a penalty pursuant to Ark. Code Ann.
§ 11-4-405, punitive damages, and a reasonable
Court held a hearing on the Motion on November 7, 2018,
during which Murdock provided testimony under oath as to her
claim for damages. The Court had previously directed counsel
for Murdock to mail a copy of the Order setting the hearing
date and time to the Defendants at their last known address,
and counsel completed that task. See Doc. 14. Now
having considered the matter thoroughly, the Court finds that
the Motion for Default Judgment (Doc. 11) should be, and
hereby is, GRANTED.
of the Federal Rules of Civil Procedure provides, in
pertinent part, as follows:
(a) Entering a Default.
When 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.
(b) Entering a Default Judgment.
(1) By the Clerk. If the plaintiffs claim is
for a sum certain or a sum that can be made certain by
computation, the clerk-on the plaintiffs request, with an
affidavit showing the amount due-must enter judgment for that
amount and costs against a defendant who has been defaulted
for not appearing and who is neither a minor nor an
(2) By the Court. In all other cases, the
party must apply to the court for a default judgment. . . .
The court may conduct hearings or make referrals -preserving
any federal statutory right to a jury trial-when, to enter or
effectuate judgment, it needs to:
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by ...