Elijah Gatson, et al. v. Brooks Security Consultant Group, LLC, et al.

CourtDistrict Court, D. Maryland
DecidedApril 13, 2026
Docket1:24-cv-02248
StatusUnknown

This text of Elijah Gatson, et al. v. Brooks Security Consultant Group, LLC, et al. (Elijah Gatson, et al. v. Brooks Security Consultant Group, 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
Elijah Gatson, et al. v. Brooks Security Consultant Group, LLC, et al., (D. Md. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

ELIJAH GATSON, et al.,

Plaintiffs,

Case No. 24-cv-02248-ABA v.

BROOKS SECURITY CONSULTANT GROUP, LLC, et al., Defendants

MEMORANDUM OPINION A group of former employees of Defendant Brooks Security Consultant Group, LLC (d/b/a Police Security Group) (“Brooks Security”) has sued Defendants Brooks Security, William Brooks, and Kedrick Scribner for failure to pay overtime wages. Despite multiple extensions granted by the Court, Defendants have not responded to most of Plaintiffs’ interrogatories and discovery requests since April 2025. Plaintiffs now move for default judgment as a sanction for Defendants’ discovery violations. For the following reasons, the motion will be granted in part and denied in part. I. BACKGROUND A. Factual Background Plaintiffs are the following former employees of Brooks Security: Elijah Gatson, Erika Chester, Taikiena Holman, Charles Jackson, III, Patrick Rooney, Jr., Sheena Montague, Timothy Brown, Charles Jackson, Jr., Kayias Johnson, Mardell Gatson, Devin Reynolds, Javier Pretto, Jabree Langhorn, Tyi’Sean Moore, Eric Black, and Teya Washington. ECF No. 12 at 2. They assert that Defendants employed them as security guards for their clients’ facilities between October 2021 and April 2025. Id. ¶ 15; ECF No. 63-1 at 10. Defendant Brooks played a key part in the employment process. ECF No. 12 ¶ 17. He interviewed, hired, scheduled, and promoted Plaintiff Gatson and acted in a similar role with respect to other plaintiffs. Id. Plaintiffs allege that, despite Defendants acting in a supervisory role to Plaintiffs and Plaintiffs not holding themselves out as independent contractors, Defendants incorrectly described them as independent

contractors instead of employees. Id. ¶¶ 19–25. Plaintiffs allege that they worked more than 40 hours per week on multiple occasions and only received straight pay instead of overtime pay for their excess hours. Id. ¶¶ 27–30. Plaintiffs allege that Defendants willfully or “with reckless disregard for whether their conduct was prohibited” avoided paying proper overtime wages as required by the Fair Labor Standards Act (“FLSA”), the Maryland Wage and Hour Law (“MWHL”), and the Maryland Wage Payment and Collection Law (“MWPCL”). Id. ¶¶ 52–65; ECF No. 63-1 at 2. B. Procedural History Plaintiffs served Defendant Scribner with the amended complaint on September 5, 2024, thus requiring him to file responsive pleadings by September 26, 2024. ECF No. 15; see Fed. R. Civ. P. 12(a)(1)(A)(i). Plaintiff served Defendant Brooks Security on

October 22, 2024, requiring Defendant Brooks Security to file responsive pleadings by November 12, 2024. ECF No. 18; see Fed. R. Civ. P. 12(a)(1)(A)(i). Once those deadlines passed without anything filed by Defendants, Plaintiffs filed Motions for Clerk’s Entry of Default against Defendants Brooks Security and Scribner, which were granted on November 14, 2024. ECF Nos. 21, 22, 24. The Court vacated default on December 31, 2024, with the consent of Plaintiffs, after Defendants agreed to cooperate in discovery matters. ECF Nos. 32, 33; ECF No. 63-1 at 2. After Defendants filed an answer, the Court issued a Scheduling Order, which required Defendants’ Rule 26(a)(2) disclosures to be served on Plaintiffs by May 6, 2025 and that discovery be completed by June 20, 2025. ECF Nos. 34, 39. Defendants, however, failed to respond to Plaintiffs’ discovery requests, despite Plaintiffs following up with Defendants multiple times, Defendants acknowledging their obligation to

respond, and Defendants apologizing for the delays. ECF No. 44; ECF No. 63-1 at 3. On May 27, 2025, in Plaintiffs’ notice to the Court regarding a discovery dispute, Plaintiffs noted that they understood their right to move for Rule 37(d) sanctions, which included the right to move for default judgment as a sanction. ECF No. 44. However, Plaintiffs wished to “exhaust all efforts to resolve this discovery dispute before doing so.” ECF No. 63-1 at 4. At that time, Defendants were still represented by counsel. Plaintiffs’ and Defendants’ counsel met for a discovery conference and Defendants agreed to respond to Plaintiffs’ discovery requests by July 31, 2025. Id. Defendants’ counsel provided some of the documents requested by that deadline, but not all. Id. For this reason, Plaintiffs consented to extend the deadline to respond to outstanding discovery requests until November 6, 2025, and to extend the deadline for discovery until

December 15, 2025, which the Court granted. Id.; ECF Nos. 61–1, 62. Plaintiffs’ counsel sent another email to Defendants’ counsel on October 14, 2025, warning Defendants that if Plaintiffs did not receive responses or a “good faith movement in terms of settlement” by November 6, 2025, Plaintiffs would not extend the discovery deadlines further and would move for sanctions and default judgment. ECF No. 63-1 at 4 (citing ECF No. 63-10). Defendants failed to meet the November 6, 2025 deadline or otherwise participate in this litigation. Id. at 5. After many emails to Defendants’ counsel, Defendants have still not provided the requested discovery documents. Id. Plaintiffs ultimately filed a Motion for Sanctions and Default Judgment under Federal Rule of Civil Procedure 37 on November 20, 2025. ECF No. 63. In their motion, Plaintiffs allege that, as the case continued, Defendants ceased responding to discovery requests that were more than seven months past due. ECF No.

63-1 at 4–5. Plaintiffs contend they are entitled to default judgment because Defendants have failed to respond to Plaintiffs’ interrogatories and discovery requests and violated court orders, which has hindered Plaintiffs from advancing their case, a failure Plaintiffs contend is the product of bad faith. Id. at 5–6, 13. Plaintiffs also argue that default judgment should be granted as a sanction because there is a strong need for deterrence of this kind of behavior and less drastic sanctions would not be effective. Id. at 6–7. Plaintiffs seek three times the amount of the owed overtime pay (“treble damages”) and attorneys’ fees and costs. Id. at 10–12. After Plaintiffs filed the motion for sanctions, Defendants’ counsel filed a motion to withdraw, based on Defendants’ failure to pay legal fees and their “refus[al] to adhere to Albers & Associates, LLC’s advice.” ECF No. 66. The Court granted the motion to

withdraw, ECF No. 67, and no counsel has filed an appearance as substitute counsel. Thus, since December 17, 2025, Defendants have been unrepresented by counsel. Moreover, despite parties being under an obligation to update their contact information with the Clerk’s office, see Loc. R. 102(1)(b)(iii), the Court’s multiple attempts to send orders to Defendants have resulted in the mail being returned as undeliverable with respect to Defendants Brooks Security and William Brooks. ECF Nos. 49, 50, 70, 71. The mail to Defendant Scribner has not been returned undeliverable and thus appears to have been successfully delivered. The Court held a hearing on the sanctions motion on February 4, 2026. ECF No. 73. None of the Defendants appeared for the hearing. Id. II. STANDARD OF REVIEW Federal Rule of Civil Procedure 55(a) provides that “[w]hen a party . . . has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the

clerk must enter the party’s default.” But Rule 55(a) only applies when a party fails to plead or defend at all. Id.

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

Related

Hensley v. Eckerhart
461 U.S. 424 (Supreme Court, 1983)
Admiral Mortgage, Inc. v. Cooper
745 A.2d 1026 (Court of Appeals of Maryland, 2000)
Peters v. Early Healthcare Giver, Inc.
97 A.3d 621 (Court of Appeals of Maryland, 2014)
Schultz v. Capital International Security, Inc.
466 F.3d 298 (Fourth Circuit, 2006)
Perez v. Silva
185 F. Supp. 3d 698 (D. Maryland, 2016)
Patrick v. Teays Valley Trustees, LLC
297 F.R.D. 248 (N.D. West Virginia, 2013)
Diana Mey v. Judson Phillips
71 F.4th 203 (Fourth Circuit, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
Elijah Gatson, et al. v. Brooks Security Consultant Group, LLC, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/elijah-gatson-et-al-v-brooks-security-consultant-group-llc-et-al-mdd-2026.