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.

Murdock v. McNair

United States District Court, W.D. Arkansas, Fayetteville Division

November 7, 2018

SHELBY MURDOCK PLAINTIFF
v.
DANIEL MCNAIR; DANIEL MCNAIR, LTD.; and DANIEL MCNAIR, LTC, d/b/a ROVER OAKS GROOMING, BOARDING, TRAINING & DAY CARE DEFENDANTS

          OPINION AND ORDER

          TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE

         Currently 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 attorney's fee.

         The 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.

         I. LEGAL STANDARD

         Rule 55 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 incompetent person.
(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 ...

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.