Sheila Abigial Herrera Heredia v. Michelle Drywall LLC, et al.

District Court, D. Arizona·Decided August 18, 2026·No. 2:25-cv-01216·Unknown

Opinion

WO

Sheila Abigial Herrera Heredia, ) No. CV-25-01216-PHX-SPL ) ) Plaintiff, ) ORDER vs. ) ) ) Michelle Drywall LLC, et al., ) ) Defendants. ) ) )

Before the Court is Plaintiff’s Motion for Default Judgment (Doc. 16). Defendants Michelle Drywall LLC, Luis Alfredo Arriaga Funes, and Jane Doe Funes (collectively “Defendants”) have not yet appeared in this action and did not respond to the Motion. For the following reasons, the Court will grant the Motion.1 Zayas Specialized Labor LLC (“Zayas”) is a national staffing agency that hires individuals to contract work with third parties. (Doc. 1 at 8–10, ¶¶ 32, 34, 42, 49). From December 2024 through early January 2025, Zayas and Ramiro Zayas Villalobos hired Plaintiff to work for Defendants Michelle Drywall LLC (“Michelle Drywall”) and Luis Alfredo Arriaga Funes “as a painter, painting homes and buildings.” (Id. at 10, ¶ 51). During her four-week employment with Defendants, Plaintiff’s pay rate was $27 per hour. 1 Because it would not assist in resolution of the instant issues, the Court finds the pending motion is suitable for decision without oral argument. See LRCiv 7.2(f); Fed. R. Civ. P. 78(b); Partridge v. Reich, 141 F.3d 920, 926 (9th Cir. 1998). (Id. at 9–10, ¶¶ 42, 52–53). Plaintiff worked approximately sixty hours during her first week of employment and sixty to seventy-two hours a week during her final three weeks of employment. (Id. at 11–12, ¶¶ 61, 70). Defendants did not pay Plaintiff any wages for her first week of employment (Id. at 11–12, ¶¶ 62, 71), nor did Defendants pay Plaintiff her overtime premium wage for the hours worked in excess of forty hours per week, (Id. at 13–14, ¶¶ 76–78, 80, 83). Plaintiff filed a Complaint on April 10, 2025, against Zayas, Ramiro Zayas Villalobos, Michelle Drywall, Luis Alfredo Arriaga Funes, and Jane Doe for unpaid minimum and overtime wages under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”), unpaid minimum wages under the Arizona Minimum Wage Act, A.R.S. § 23- 362, et seq. (“AMWA”), and unpaid wages under the Arizona Wage Act, A.R.S. § 23-350, et seq. (“AWA”).2 (Doc. 1). Defendants were served3 on July 19, 2025 (Docs. 8–10), but failed to answer or otherwise respond. See Fed. R. Civ. P. 12(a)(1)(A). On September 16, 2025, Plaintiff filed an Application for Entry of Default pursuant to Federal Rule of Civil Procedure (“FRCP”) 55(a), (Doc. 13), which the Clerk of Court entered the following day, (Doc. 14). Plaintiff filed the present Motion for Default Judgment against Defendants on February 11, 2026. (Doc. 16). a. Subject Matter Jurisdiction, Personal Jurisdiction, and Service When default judgment is sought against a non-appearing party, a court has “an affirmative duty to look into its jurisdiction over both the subject matter and the parties.” In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999) (“To avoid entering a default judgment that can later be successfully attacked as void, a court should determine whether it has the power, i.e., the jurisdiction, to enter the judgment in the first place.”). A court has a similar

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Sheila Abigial Herrera Heredia v. Michelle Drywall LLC, et al., (D. Ariz. 2026).

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