Tillman v. Hammond's Transportation, LLC

District Court, E.D. Louisiana·Decided November 2, 2021·No. 2:20-cv-01656·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ARIELLE TILLMAN, CIVIL ACTION Plaintiff

VERSUS NO. 20-1656

HAMMOND’S TRANSPORTATION, LLC, SECTION: “E” (1) Defendant

ORDER AND REASONS

Before the Court is Plaintiff Arielle Tillman’s Motion for Default Judgment against Defendant Hammond’s Transportation, LLC (“Hammond’s”).1 BACKGROUND On September 27, 2021, the Court held a hearing on Plaintiff’s Motion for Default Judgment.2 Plaintiff testified at the hearing. At the hearing, Plaintiff testified she began working as a bus driver for Hammond’s in the fall of 2014. Plaintiff testified she drove for Hammond’s for one school year, and, in the summer of 2015, Hammond’s informed Plaintiff she would be driving for its subcontractor, Safe Turn, LLC (“Safe Turn”). For the following two school years, Plaintiff reported to Hammond’s field supervisors. Plaintiff testified that, beginning in or about September 2015, Malcolm Wilson began to sexually harass Plaintiff. Plaintiff testified she reported the situation to Mark Hammond, the owner of Hammond’s, but he did not address the situation. Plaintiff testified she left Safe Turn because of this sexual

1 R. Doc. 31. 2 R. Docs. 32 and 33. 1 harassment. Plaintiff also testified she filed a sexual harassment lawsuit against Hammond’s and Safe Turn, and that she settled the lawsuit with Safe Turn.3 Plaintiff testified she began driving a school bus for Leadam Transportation, L.L.C. (“Leadam”), in December 2018, which is a subcontractor to Hammond’s. Plaintiff testified she provided a background check and drug test, at her own expense, to Leadam,

and that the information was sent directly to Hammond’s. Plaintiff further testified that as a driver for Leadam, she was required to attend Hammond’s safety meetings. Plaintiff testified that while she was attending a Hammond’s safety meeting in January of 2019, she was recognized by Mark Hammond. Plaintiff further testified that later that evening, Leadam’s owner, Lee Adams, informed Plaintiff he had to terminate her for non- disclosable reasons. Plaintiff testified she and Mr. Adams called Hammond’s together, and Plaintiff was informed she was hired on a temporary basis and that her date had expired. Plaintiff also testified she and Mr. Adams believed she was not hired on a temporary basis. Plaintiff further testified Hammond’s informed her there was a “non- disclosure” preventing any further explanation. Plaintiff was then terminated. Plaintiff initiated this Title VII employment retaliation action by filing her

complaint on June 9, 2020.4 Plaintiff alleges Hammond’s caused the termination of her employment as a bus driver for Leadam in retaliation for Plaintiff’s previous Title VII protected activity against Hammond’s. She alleges that Hammond’s is liable to her as her prior employer and as a joint employer with Leadam.

3 Plaintiff testified she did not settle with Hammond’s. The record in that action, styled Tillman v. Hammond’s Transp., LLC and Safe Turn Transp., LLC, Civ. No. 17-cv-12203 (E.D. La.), reflects that all of Plaintiffs claims against all Defendants were voluntarily dismissed. See id at R. Docs. 5, 6, and 7. 4 R. Doc. 1. 2 On July 27, 2020, Hammond’s filed a waiver of the service of summons on Hammond’s into the record.5 On August 24, 2020, Hammond’s filed an Ex Parte/Consent Motion for Extension of Time to Answer, which the Court granted, extending the deadline to September 14, 2020.6 On September 14, 2020, Hammond’s filed a Rule 12(b)(6) Motion to Dismiss.7 On May 3, 2021, the Court denied Hammond’s motion to dismiss,

finding that Plaintiff has alleged she participated in a protected activity by filing the 2017 Action against Hammond’s and that Hammond’s, either as her former employer or her joint employer, took an adverse employment action against her. Plaintiff has alleged a causal connection exists between the protected activity and the adverse action. At this stage of the proceedings, Plaintiff need only plausibly allege facts going to the ultimate elements of her claim to survive a motion to dismiss.8

Hammond’s participated in a Preliminary Conference on January 14, 2021.9 Hammond’s filed a corporate disclosure statement on January 15, 2021.10 Hammond’s appeared at status conferences on June 3,11 June 22,12 and July 23, 2021.13 At the conferences, the Court and the parties discussed Hammond’s failure to file an answer. Plaintiff filed a Motion for Entry of Default on August 10, 2021.14 The Clerk of Court entered a default against Hammond’s on August 12, 2021.15 On August 31, 2021, Plaintiff filed a Motion for Default Judgment, and served a copy of the motion on Hammond’s.16

5 R. Doc. 3. 6 R. Docs. 4 and 5. 7 R. Doc. 6. 8 R. Doc. 21. 9 R. Docs. 17 and 18. 10 R. Doc. 19. 11 R. Doc. 22. 12 R. Doc. 24. 13 R. Doc. 27. 14 R. Doc. 28. 15 R. Doc. 30. 16 R. Doc. 31. 3 On September 9, 2021, the Court entered an order setting a hearing for September 27, 2021 for Plaintiff to establish the truth of her allegations by evidence and to prove the amount of damages, if any, to which Plaintiff is entitled.17 On September 27, 2021 the default judgment hearing was held. Hammond’s counsel attended the hearing. Following the hearing, the Court ordered Plaintiff to provide an affidavit in support of damages and

an affidavit in support of attorneys’ fees.18 On October 4, 2021 Plaintiff filed an affidavit in support of damages19 and an affidavit in support of attorneys’ fees.20 On October 29, 2021 Plaintiff filed a supplemental affidavit in support of attorneys’ fees.21 LEGAL STANDARD When a plaintiff’s claim is not for a sum certain and the Defendant has failed to plead or otherwise defend, the plaintiff must apply to the court for a default judgment.22 “A defendant's default does not in itself warrant the court in entering a default judgment. There must be a sufficient basis in the pleadings for the judgment entered.”23 “A default judgment may be lawfully entered only ‘according to what is proper to be decreed upon the statements of the bill, assumed to be true.’”24 The defendant is not held to admit facts that are not well-pleaded or to admit conclusions of law.25

Under Federal Rule of Civil Procedure 55 (b)(2), if the plaintiff’s claim is for a sum which is not certain,

17 R. Doc. 32. 18 R. Doc. 34. 19 R. Doc. 35. 20 R. Doc. 36. 21 Id. 22 Fed. R. Civ. P. 55(a). 23 Nishimatsu Const. Co., Ltd. v. Houston Nat. Bank, 515 F.2d 1200 (5th Cir. 1975). 24 Id. (quoting Thomson v. Wooster, 1884, 114 U.S. 104, 113 (1984)). 25 Nishimatsu Const. Co., Ltd., 515 F.2d 1200. 4 the [plaintiff] must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals—preserving any federal statutory right to a jury trial—when, to enter or effectuate judgment, it needs to:

(A) conduct an accounting;

(B) determine the amount of damages;

(C) establish the truth of any allegation by evidence; or

(D) investigate any other matter.

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Tillman v. Hammond's Transportation, LLC, (E.D. La. 2021).

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