Avion Cook v. Superior Assisted Living, LLC, et al.

CourtDistrict Court, D. Maryland
DecidedNovember 7, 2025
Docket1:24-cv-00815
StatusUnknown

This text of Avion Cook v. Superior Assisted Living, LLC, et al. (Avion Cook v. Superior Assisted Living, LLC, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Avion Cook v. Superior Assisted Living, LLC, et al., (D. Md. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

AVION COOK, *

Plaintiff, *

v. * Civil Action No. EA-24-815

SUPERIOR ASSISTED LIVING, LLC, * et al., * Defendants. *

MEMORANDUM OPINION Plaintiff Avion Cook initiated the above-captioned action on March 19, 2024, asserting violations of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. (FLSA), the Maryland Wage Hour Law, Md. Code Ann., Lab. & Empl. § 3-401 et seq. (MWHL), and the Maryland Wage Payment and Collection Law, Md. Code Ann., Lab. & Empl. §3-501 et seq. (MWPCL) based on Defendants Superior Assisted Living, LLC’s (Superior) and Lorrie R. Davis’ failure to pay Ms. Cook the proper minimum and overtime wage rate at all times worked throughout her employment. ECF No. 1. On August 11, 2025, this Court entered a default in favor of Ms. Cook on all claims. ECF Nos. 68, 69. Pending before the Court are Ms. Cook’s petition for damages, attorney’s fees, and costs (ECF No. 72) and motion to supplement her request for attorney’s fees (ECF No. 73). Defendants failed to file a response and the time for doing so has elapsed; thus, the motions are fully briefed. Local Rule 105.2(a) (D. Md. 2025). No hearing is necessary. Local Rule 105.6. For the reasons set forth below, the motion to supplement is granted and the motion for default judgment and attorney’s fees is granted in part and denied in part. The Court will award $58,844.22 in damages, $48,337.38 in attorney’s fees, and $413.13 in costs. I. BACKGROUND1 Superior is located in Gwynn Oak, Maryland, and provides assisted living services to elderly patients in the Baltimore area. ECF No. 1 ¶ 3, 7. Ms. Davis is the registered owner of Superior. Id. at ¶ 10. Ms. Cook began working for Defendants in April 2022, held the position of caregiver, and worked an average of 8 to 12 hours per shift. Id. at ¶¶ 12, 15. Defendants agreed to pay Ms. Cook $75.00 per eight-hour shift ($9.38 per hour) and $120.00 per twelve- hour shift ($10.00 per hour), but actually paid her $75.00 per shift, regardless of hours worked.

Id. at ¶¶ 29–30, 62. During the period of Ms. Cook’s employment, Superior had fewer than 15 employees. Id. at ¶ 13. On multiple occasions, Ms. Cook informed Superior that her payment checks were not accurately reflecting all the hours she had worked. ECF No. 1 ¶¶ 70–73. Defendants did not address the payment issue and phased Ms. Cook out of the work schedule. Id. at ¶¶ 74–75. On August 11, 2025, the Court entered default in favor of Ms. Cook and against Superior and Ms. Davis as a sanction pursuant to Federal Rule of Civil Procedure 37 because Defendants had failed to respond to discovery requests and adhere to the Court’s discovery orders. ECF Nos. 68–69; see also Fed. R. Civ. P. 37(b)(2)(A)(vi). At that time, the Court reserved decision on the amount of damages because it “lack[ed] sufficient information to evaluate . . . Ms. Cook’s claims for damages.” ECF No. 68 at 15.2 Ms. Cook subsequently filed the instant petition. ECF

1 The factual background is drawn from the allegations in the Complaint (ECF No. 1), which are deemed admitted following the Court’s entry of a default against Defendants, e.g., Mey v. Phillips, 71 F.4th 203, 223 (4th Cir. 2023). Further procedural background is set forth in the Court’s prior memorandum opinions. ECF Nos. 68, 74; Cook v. Superior Assisted Living, LLC, Civil Action No. EA-24-0815, 2025 WL 2306268 (D. Md. Aug. 11, 2025) and 2025 WL 2897342 (D. Md. Oct. 10, 2025). For ease of reference, further citation to these decisions will refer to the ECF number only.

2 Page numbers refer to the pagination of the Court’s Case Management/Electronic Case Files system (CM/ECF) printed at the top of the cited document. No. 72. With respect to damages, the petition is supported by a sworn declaration by Ms. Cook (ECF No. 72-3), a damage calculation spreadsheet (ECF No. 72-1), and photographs of some of Ms. Cooks timesheets from Superior (ECF No. 72-4). In her declaration, Ms. Cook attested that she was employed by Defendants from April 28, 2022, through April 12, 2023, and maintained personal timekeeping records for 26 of the 50 weeks of her employment.3 ECF No. 72-3 ¶¶ 2, 7–8. Ms. Cooks further attested that “[b]ecause Defendants did not participate in discovery, [she] do[es] not have time or pay records” for 24 of

the 50 weeks Defendants employed her. ECF No. 72-3 ¶¶ 7–8. Based on the timekeeping records in her possession, Ms. Cook attested that she worked on average 52 hours per week and was paid $75 for each workday. Id. at ¶¶ 9, 11. Based on her own recollection, Ms. Cook estimated that she worked the same number of hours and was paid the same amount during the 24 weeks for which she does not have timekeeping records. Id. at ¶¶ 10–11. Defendants were aware of the hours Ms. Cook worked and nevertheless failed to pay Ms. Cook both the required minimum wage and overtime wages she worked. ECF No. 1 ¶¶ 60, 65, 70–73; ECF No. 72-3 ¶¶ 11–13. Ms. Cook attested that for the 26 weeks for which she has timekeeping records, she earned a total of $12,760.80 in minimum wages and $6,747.11 in overtime wages and therefore

should have received $19,507.51 for that period of employment. ECF Nos. 72 at 7; 72-1 at 7; 72-3 ¶ 12. According to her pay records, Defendants paid Ms. Cook only $11,775.00 for these 26 weeks. ECF Nos. 72 at 5, 7; 72-1 at 7; 72-3 ¶ 13. In her declaration, Ms. Cook also attested to estimates of her earned minimum and overtime wages in 2022 and 2023 for the 24 weeks for

3 In paragraph 2, Ms. Cook estimates the duration of her employment with Defendants as “about 48 weeks,” but the number of weeks she outlines for which she does and does not have timekeeping records in paragraphs 7 and 8 total 50 weeks. Compare ECF No. 72-3 ¶ 2, with id. at ¶¶ 7–8; see also ECF No. 72 at 7 (identifying the number of weeks Defendants employed Ms. Cook as 50). which she does not have timekeeping records, which total $17,469.60, as well as the estimated amount she was paid during that period, which totals $9,000.00. ECF Nos. 72 at 8–9; 72-3 ¶¶ 12, 14. Based on the actual and estimated amounts she was owed in wages and the actual and estimated amounts she was paid, Ms. Cook calculated that Defendants owe her $16,202.51 in minimum and overtime wages. ECF Nos. 72 at 9; 72-3 ¶ 15. Defendants did not file anything in response to Ms. Cook’s petition to contest the legal or factual basis for her damage calculation.

Chart 1: Minimum Wages Earned Minimum Hours per Wages Per Weeks Subtotal Wage Week Week Worked Pay Records Varied* Varied Varied 26 $12,760.80 2022 No Records $12.20 40 $488.00 10 $4,880.00 2023 No Records $12.80 40 $512.00 14 $7,168.00 Total $24,808.80 Chart 2: Overtime Wages Earned Overtime Hours per Wages Per Weeks Subtotal Wage Week Week Worked Pay Records Varied Varied Varied 26 $6,747.11 2022 No Records $18.30 12 $219.60 10 $2,196.00 2023 No Records $19.20 12 $230.40 14 $3,225.60 Total $12,168.71 Chart 3: Total Wages Earned Total Minimum Wages Earned $24,808.80 Total Overtime Wages Earned $12,168.71 Total Wages Earned $36,977.51 Chart 4: Total Wages Paid by Defendants Daily Days per Wages Per Weeks Subtotal Wage Week Week Worked Pay Records $75.00 Varied Varied 26 $11,775.00 No Pay Records $75.00 5 $375.00 24 $9,000.00 Total $20,775.00

* The Maryland minimum wage increased on January 1, 2023, from $12.20/hour to $12.80/hour.

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