Benjamin Stewart v. Farnham Fiber Optics, LLC, and Steven C. Farnham

District Court, W.D. Tennessee·Decided August 6, 2026·No. 2:22-cv-02431·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

) BENJAMIN STEWART, ) ) Plaintiff, ) ) ) v. ) No. 2:22-cv-02431-SHM/atc ) FARNHAM FIBER OPTICS, LLC, ) AND STEVEN C. FARNHAM, ) ) Defendants. )

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT Before the Court is Plaintiff Benjamin Stewart’s Motion for Default Judgment (the "Motion”). (ECF No. 51). For the reasons that follow, the Motion is GRANTED. I. Background On July 1, 2022, Plaintiff filed a Complaint against Defendant Farnham Fiber Optics, LLC (“Farnham Fiber Optics”) and Defendant Steven Farnham (“Farnham”) alleging unpaid wages under the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (the “FLSA”). (ECF No. 1.) Defendants were properly served on July 19, 2022, and July 22, 2022. (ECF Nos. 7-8.) Defendants were initially represented and filed a joint Answer and Counterclaim on March 3, 2023. (ECF No. 24.) Counsel for Defendants withdrew on May 8, 2023. (ECF Nos. 30, 31.) Defendant Steven Farnham elected to proceed pro se. (ECF No. 34.) Defendant Farnham Fiber Optics, LLC has not retained new counsel. (Id.)

On July 14, 2023, Plaintiff served discovery requests on Defendants. (ECF No. 40.) On February 5, 2024, after Defendants had failed to respond, Plaintiff filed a Motion to Compel, which was referred to the Magistrate Judge. (ECF Nos. 41-42.) On March 6, 2024, the Magistrate Judge entered an Order to Show Cause, ordering Defendants to respond to Plaintiff’s discovery requests and the Motion to Compel by March 30, 2024. (ECF No. 44.) Defendants did not respond. On May 7, 2024, the Magistrate Judge granted Plaintiff’s Motion to Compel, requiring Defendants to respond to Plaintiff’s discovery requests by May 21, 2024. (ECF No. 45.) Defendants again failed to respond. On May 29, 2024, the Court held a status conference. (ECF No. 47.)

Only Plaintiff’s counsel appeared. (Id.) On June 12, 2025, Plaintiff filed a Motion for Entry of Default against Defendants. (ECF No. 48.) On August 14, 2025, the Court granted the Motion and entered default against Defendants for failure to “otherwise defend” the case. (ECF No. 49.) On September 29, 2025, the Court entered an order administratively closing the case, without prejudice to any party to move to reopen. (ECF No. 50.) On October 1, 2025, Plaintiff filed the instant Motion for Default Judgment. (ECF No. 51.) In his Motion, Plaintiff seeks an entry of default judgment against Defendants and an award of

unpaid wages, liquidated damages, and attorney’s fees and costs. (ECF No. 51 at 16.) The Motion is unopposed. II. Standard of Review Federal Rule of Civil Procedure 55 governs default and default judgments. Fed. R. Civ. P. 55. After the Clerk of Court enters default against a defendant pursuant to Federal Rule 55(a), a plaintiff may seek default judgment against that defendant pursuant to Federal Rule 55(b). Fed. R. Civ. P. 55(b). On entry of default by the Clerk, the defendant is deemed to have admitted all well-pleaded factual allegations in the complaint addressing liability. Long v. Morgan, 451 F. Supp. 3d 830, 832–33 (M.D. Tenn. 2020) (citing In re Family

Resorts of America, Inc., 1992 WL 174539, 972 F.2d 347, at *4 (6th Cir. July 24, 1992) (table)). Allegations about damages or stating legal conclusions are not deemed admitted. HICA Educ. Loan Corp. v. Lackie, No. 11–2894, 2013 WL 633216, at *2 (W.D. Tenn. Feb. 20, 2013) (citations omitted). A plaintiff seeking a default judgment must meet several procedural obligations. Hames v. SunTrust Bank, No. 2:18-cv- 02121-SHM-cgc, 2019 WL 4248892, at *2 (W.D. Tenn. Sept. 6, 2019) (citing Broadcast Music, Inc. v. Marler, No. 1:09-cv-193, 2009 WL 3785878, at *4 (E.D. Tenn. Nov. 12, 2009)). The plaintiff must: (1) properly serve the defendant with process; (2) seek entry of default by demonstrating that the defendant

has failed to answer the complaint or otherwise defend the action; (3) submit an affidavit stating that the defendant is not a minor or an incompetent person; (4) submit an affidavit stating whether the defendant is in military service, or that plaintiff is unable to determine whether the defendant is in military service;1 and (5) serve the defendant with notice of the motion for default judgment if the defendant has entered an appearance. Hames, 2019 WL 4248892, at *2 (citing Marler, 2009 WL 3785878, at *4). A defendant’s default and a plaintiff’s satisfaction of the procedural requirements do not automatically entitle a plaintiff to a default judgment. See Kwik–Sew Pattern Co. v.

Gendron, No. 1:08-cv-309, 2008 WL 4960159, at *1 (W.D. Mich. Nov. 19, 2008) (citations omitted). “In order to rule upon plaintiff’s motion, the Court must determine whether the factual allegations in the complaint deemed admitted by defendant’s default . . . are sufficient to satisfy the elements of [plaintiff’s] legal claims for which [plaintiff] seek[s] default judgment.” Harbold v. Smash Restro & Bar, LLC,

1 The Servicemembers Civil Relief Act (the “SCRA”), 50 U.S.C. § 3931(b)(1). No. 5:22-cv-1583, 2023 WL 4085309, at *2 (N.D. Ohio June 20, 2023) (citing Zinganything, LLC v. Imp. Store, 158 F. Supp. 3d 668, 672 (N.D. Ohio 2016)). “[A] court may not enter default

judgment upon a legally insufficient claim.” Kwik–Sew, 2008 WL 4960159, at *1 (citations omitted). If a plaintiff satisfies the procedural requirements for default judgment and the complaint states a claim for relief, a court may, at its discretion, enter default judgment. See Sream, Inc. v. Kanku Express #21, No. 1:20-cv-00209-DCLC-SKL, 2022 WL 989406, at **1-2 (E.D. Tenn. Mar. 16, 2022). After entering default judgment on liability, the court conducts an inquiry to determine damages. Lackie, 2013 WL 633216, at *2 (citing Coach, Inc. v. Cellular Planet, No. 2:09–cv–00241, 2010 WL 1853424, at *3 (S.D. Ohio May 7, 2010)). Because allegations about damages are not accepted as true, “the party moving for a

default judgment must present some evidence of its damages.” Mill's Pride, L.P. v. W.D. Miller Enters., LLC, No. 2:07–cv– 990, 2010 WL 987167, at * 1 (S.D. Ohio Mar. 12, 2010) (citation omitted). Rule 55(b)(2) permits the court to conduct an evidentiary hearing to determine the amount of damages at its discretion. Fed. R. Civ. P. 55(b)(2). However,“[a] court may reach a reasonable certainty on the correct amount of damages from the record without conducting a hearing.” Spring Sols., Inc. v. LaFayette, No. 2:15-cv-2595-SHM-cgc, 2018 WL 3097027, at *5 (W.D. Tenn. June 22, 2018) (citing Vesligaj v. Peterson, 331 F. App’x. 351, 355 (6th Cir. 2009)). III. Analysis A. Procedural Requirements Plaintiff has met the procedural requirements for a

Free access — add to your briefcase to read the full text and ask questions with AI

Benjamin Stewart v. Farnham Fiber Optics, LLC, and Steven C. Farnham, (W.D. Tenn. 2026).

Benjamin Stewart v. Farnham Fiber Optics, LLC, and Steven C. Farnham (Benjamin Stewart v. Farnham Fiber Optics, LLC, and Steven C. Farnham) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related