Sanchez v. Devashish Hospitality, LLC Al

322 F.R.D. 32
CourtDistrict Court, District of Columbia
DecidedSeptember 18, 2017
DocketCivil Action No. 2016-0226
StatusPublished
Cited by15 cases

This text of 322 F.R.D. 32 (Sanchez v. Devashish Hospitality, LLC Al) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez v. Devashish Hospitality, LLC Al, 322 F.R.D. 32 (D.D.C. 2017).

Opinion

MEMORANDUM OPINION

REGGIE B. WALTON, United States District Judge

The plaintiff, Ana Sanchez, brings this action against the defendants, Devashish Hospitality, LLC d/b/a Great Wraps (“Great Wraps”) and Saroj Bhatterai, as the owner and operator of the Great Wraps restaurant located at 1300 Pennsylvania Avenue where she worked as a food preparer, see Complaint (“Compl.”) ¶¶ 2-3, 12, due to their “failure to pay [her] all earned overtime wages and ... for all time worked, in violation of both federal and District of Columbia law,” id. ¶ 1. Currently before the Court is the plaintiffs Motion and Memorandum in Support Thereof for Default Judgment (“Pl.’s Mot.”), which “requests that the Court enter [a] default judgment against [the defendants ... on all counts,” Pl.’s Mot. at 1, and award her damages and attorneys’ fees and costs, see id. at 11-12. For the reasons set forth below, the Court will grant the plaintiffs motion in part, enter judgment against Great Wraps and Bhatterai, and defer a ruling on the plaintiffs demand for attorneys’ fees and costs pending further briefing on this demand by the plaintiff. 1

I. BACKGROUND

Great Wraps is “a [District of Columbia] domestic corporation,” Compl. ¶ 18, that employed Sanchez “as a food preparer, performing non-exempt work ... from on or about September 1998 to approximately November 2015,” id. ¶¶ 12-13. 2 Sanchez alleges that she “often worked approximately [seventy-five] to [eighty] hours per week” from the end of 2012 to the end of 2014, and that she often “worked approximately [forty-five] hours per week” from December 2014, until she was terminated in September 2015. Pl.’s Mot. at 6. Sanchez was compensated at an hourly rate of $10.00, see id, Exhibit (“Ex.”) 1 (Sanchez Deck) ¶ 27, and Great Wraps and Bhat-terai “issued her paychecks for the hours she worked up to [forty] hours per week, and they paid her in cash for the hours worked over [forty] in one week,” id. at 5.

Sanchez claims that throughout her employment, Great Wraps and Bhatterai failed to compensate her at “one and one-half times her regular rate of pay for her overtime hours,” as required by federal and District of Columbia law. Compl. ¶ 47. In addition, Sanchez asserts that, from July 2015, until the end of her employment with Great Wraps in September 2015, her compensation was below the minimum wage established by District of Columbia law, which was $10.50 during that time period. See Pl.’s Mot., Ex. 1 (Sanchez Decl.) ¶ 27. Due to the defendants’ alleged failure to appropriately compensate her as required by both federal and District of Columbia law, Sanchez contends that she is owed approximately $44,830.40 under the Pair Labor Standards Act, $45,255.40 under the District of Columbia Minimum Wage Law, and $90,510.80 under the District of Columbia Wage Payment and Collection Law, plus attorneys’ fees and costs in the amount of $32,573.50. See id. at 11-12.

On February 11, 2016, Sanchez filed this action against the defendants. Id. After three months elapsed without the plaintiff advancing her case, the Court issued a show cause order due to Sanchez’s failure to prosecute this matter. See Order (May 20, 2016), EOF No. 3. Thereafter, on May 28, 2016, Sanchez served Great Wraps and Bhatterai with copies of the Summons and Complaint. See Return of Service/Affidavit, EOF No. 8; see also Pl.’s Affidavit for Default, EOF No. 10. Neither Great Wraps nor Bhatterai has responded to Sanchez’s Complaint. As a consequence, the Clerk of the Court entered default against both defendants on July 6, 2016. See Clerk’s Entry of Default, EOF No. 11. Sanchez now moves for entry of default judgment against both defendants, and neither of the defendants has responded to Sanchez’s motion.

II. STANDARD OF REVIEW

Rule 55 sets forth a two-step process for a party seeking a default judgment. Fed. R. Civ. P. 55(a). First, “[w]hen 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.” Id. Second, “the party must apply to the court for a default judgment.” Fed. R. Civ. P. 55(b)(2). Despite a plaintiffs ability to acquire a judgment by default, there are “strong policies favoring the resolution of genuine disputes on their merits.” Jackson v. Beech, 636 F.2d 831, 835 (D.C. Cir. 1980); see Peak v. District of Columbia, 236 F.R.D. 13, 15 (D.D.C. 2006) (acknowledging the inherent unfairness of awarding judgment against a party for mere filing delays). Therefore, “default judgment must normally be viewed as available only when the adversary process has been halted because of an essentially unresponsive party.” Jackson, 636 F.2d at 836 (quoting H. F. Livermore Corp. v. Aktiengesellschaft Gebruder Loepfe, 432 F.2d 689, 691 (D.C. Cir. 1970)); see also Teamsters Local 639-Emp’rs Health Tr. v. Boiler & Furnace Cleaners, Inc., 571 F.Supp.2d 101, 107 (D.D.C. 2008) (“[Wjhen the adversary process has been halted because of an essentially unresponsive party[,] the diligent party must be protected lest he be faced with interminable delay and continued uncertainty as to his rights.”).

“Default establishes the defaulting party’s liability for the well-pleaded allegations of the complaint.” Boland v. Elite Terrazzo Flooring, Inc., 763 F.Supp.2d 64, 67 (D.D.C. 2011) (citing Adkins v. Teseo, 180 F.Supp.2d 15, 17 (D.D.C. 2001)); see also Adkins, 180 F.Supp.2d at 17 (“A defaulting defendant is deemed to admit every well-pleaded allegation in the complaint.”). “After establishing liability, the court must make an independent evaluation of the damages to be awarded and has ‘considerable latitude in determining the amount of damages.’ ” Ventura v. L.A. Howard Constr. Co., 134 F.Supp.3d 99,103 (D.D.C. 2015) (quoting Boland, 763 F.Supp.2d at 67). The court must only “ensure[ ] that there [i]s a basis for the damages specified in the default judgment.” Id. (second alteration in original) (quoting Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997)). “ ‘[T]he plaintiff must prove [her] entitlement to the amount of monetary damages requested’ using ‘detailed affidavits or documentary evidence’ on which the court may rely.” Boland v. Providence Constr. Corp., 304 F.R.D. 31, 36 (D.D.C. 2014) (quoting Fanning v. Permanent Sol. Indus., 257 F.R.D. 4, 7 (D.D.C. 2009)).

III. ANALYSIS

Because the Clerk has already entered defaults against both Great Wraps and Bhatterai, the Court will proceed to step two of the default judgment analysis.

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Bluebook (online)
322 F.R.D. 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-devashish-hospitality-llc-al-dcd-2017.