Bugg v. Just Wing It, LLC

CourtDistrict Court, M.D. Pennsylvania
DecidedApril 6, 2020
Docket1:18-cv-02399
StatusUnknown

This text of Bugg v. Just Wing It, LLC (Bugg v. Just Wing It, LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bugg v. Just Wing It, LLC, (M.D. Pa. 2020).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RICKY LEE BUGG, JR., : Civil No. 1:18-CV-02399 : Plaintiff, : : v. : : JUST WING IT, LLC, : : Defendant. : Judge Jennifer P. Wilson MEMORANDUM Before the court is Plaintiff Ricky Lee Bugg, Jr.’s (“Bugg”) motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b). (Doc. 8.) In this public accommodation racial discrimination case, the owner of Defendant Just Wing It, LLC (“Just Wing It”) directed racial slurs at Bugg, causing both immediate and longer term harm, including humiliation, embarrassment, and the loss of Bugg’s sense of acceptance and well-being. Following an evidentiary hearing to determine damages, and for the reasons explained in this memorandum opinion, the court grants Bugg’s motion for default judgment, and enters default judgment against Defendant Just Wing It, LLC, in the amount of $40,000. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Bugg filed a complaint on December 19, 2018, asserting that the owner of Just Wing It, a restaurant in Annville, Pennsylvania, unlawfully discriminated against him based on his race in an incident that occurred at the restaurant on January 22, 2017, in violation of the Pennsylvania Human Relations Act, 43 Pa. Cons. Stat. §§ 951–963 (Count I); 42 U.S.C. § 1981 (Count II); and 42 U.S.C.

§ 2000a (Count III). (Doc. 1.) In his amended complaint, Bugg requests that the court enter judgment against Just Wing It, and award Bugg injunctive and declaratory relief, compensatory and punitive damages, together with interest,

attorney’s fees, costs, and any other relief the court deems just and proper. (Doc. 13, pp. 5–7.)1 In the amended complaint, Bugg avers that he is African American, and that he went to Just Wing It in Annville, Pennsylvania, on January 22, 2017, to get

something to eat. (Doc. 13, ⁋⁋ 7–8.) Bugg contends that he placed an order for wings with Nikki Meyer (“Meyer”), who then went into the kitchen. (Id. ¶¶ 9–10.) Minutes later, the founder and owner of Just Wing It, Christopher Behney

(“Behney”), came out with cash in his hand and said to Bugg, “I own 3 restaurants and I don’t need you niggas money,” and then returned to the kitchen. (Id. ⁋⁋ 9, 11.) Meyer returned and told Bugg he must pay first before she provided him with his food order. (Id. ⁋ 12.) Bugg contends that Just Wing It does not charge

Caucasian customers prior to providing them with their food orders. (Id. ⁋ 13.) Behney then returned and began arguing with Bugg, at which point Bugg asked

1 For ease of reference, the court will refer to the page numbering provided in the CM/ECF header. Meyer for his money back so he could leave the restaurant. (Id. ⁋⁋ 16–17.) After Bugg’s money was returned and while he was leaving, Behney stated “get out

niggers, Trump’s president now, I can say what I want.” (Id. ⁋ 18.) The police were called to the restaurant, and while Bugg was giving a statement to the police, Behney repeatedly gave Bugg the middle finger from inside the restaurant. (Id. ⁋

20.) As a result of Behney’s racist behavior, Bugg was discriminated against and felt he had no choice but to request a refund and leave the restaurant without completing his transaction or obtaining food. (Id. ⁋⁋ 22–23.) On January 8, 2019, Bugg filed a proof of service, indicating that Just Wing

It was properly served with the summons and complaint on January 2, 2019, by a process server. (Doc. 4.) Because Just Wing It did not appear, file an answer, or otherwise defend or respond to the complaint, Bugg filed a request for entry of

default. (Doc. 5.) The Clerk of Court entered an order of default against Just Wing It on March 14, 2019. (Doc. 6.) Bugg subsequently filed a motion for entry of default judgment and a request for evidentiary hearing to determine damages pursuant to Federal Rule of

Civil Procedure 55(b), along with a brief in support of the motion. (Docs. 8–9.) Because the damages in this case are not a “sum certain,” Bugg requested an evidentiary hearing to assess damages. (Doc. 8, ¶¶ 13–18.) The motion and brief

were subsequently served on Just Wing It. (Doc. 8, p. 6; Doc. 9, p. 6.) The court entered an order scheduling an evidentiary hearing for January 24, 2020. (Doc. 10.) The evidentiary hearing was convened, and Just Wing It did not

appear. Bugg, who was present with counsel, waived his right to a jury trial, and then presented evidence. In closing argument, Bugg’s counsel asked the court to award compensatory and punitive damages, in addition to attorney’s fees after the

filing of an application. Because the complaint did not include a request for punitive damages, the court permitted Bugg to file an amended complaint to include a claim for punitive damages as well as supplemental authority on the amount of compensatory damages to be awarded. (Doc. 12.) In addition, the court

directed Bugg to submit a transcript of the video deposition of the witness Jack Gunkel, because the video deposition that was played during the evidentiary hearing (in lieu of live testimony) was neither admitted to the record nor

transcribed during the hearing. (Doc. 12.) Bugg filed an amended complaint on January 27, 2020, including a request for punitive damages in Count II, which alleges a violation of 42 U.S.C. § 1981. (Doc. 13, p. 7.) Bugg also filed the deposition transcript of witness Jack Gunkel

and a memorandum of law relating to damages. (Docs. 14–15.) JURISDICTION AND VENUE The court has jurisdiction over Bugg’s federal causes of action pursuant to

28 U.S.C. § 1331, and his state law claim pursuant to 28 U.S.C. § 1367. The Middle District of Pennsylvania is the proper venue for this matter, because Just Wing It’s principal place of business is located within this judicial district, and all

the events giving rise to the claims occurred in this judicial district. STANDARD OF REVIEW

A clerk must enter default against a party 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.” Fed. R. Civ. P. 55(a). If a claim is not for a “sum certain,” then the “party must apply to the court for a

default judgment.” Fed. R. Civ. P. 55(b). The decision to enter a default judgment “is left primarily to the discretion of the district court.” Hritz v. Woma Corp., 732 F.2d 1178, 1180 (3d Cir. 1984) (citing Tozer v. Charles A. Krause Milling Co., 189

F.2d 242, 244 (3d Cir. 1951)). In considering the entry of a default judgment, the court must determine whether: (1) the plaintiff will be prejudiced if default is denied; (2) the defendant appears to have a litigable defense; and (3) the defendant’s delay is due to culpable conduct. Chamberlain v. Giampapa, 210 F.3d

154, 164 (3d Cir. 2000) (citing United States v. $55,518.05 in U.S. Currency, 728 F.2d 192

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