United States District Court, W.D. Michigan
Janet T. Neff Judge.
REPORT AND RECOMMENDATION
S. CARMODY U.S. MAGISTRATE JUDGE.
matter is before the Court on Plaintiff's Motion for
Default Judgment (Dkt. 13), which was referred to the
undersigned by the Honorable Janet T. Neff for report and
recommendation under 28 U.S.C. §636(b)(1)(B). A hearing
on the motion was held October 24, 2017.
summons was returned executed as to defendants Miralem
Beslagic (ECF No. 6) and Sunset Express, LLC (ECF No. 5).
Defendants failed to answer or otherwise plead, and default
was entered pursuant to Fed.R.Civ.P. 55(a) as to defendants
Miralem Beslagic and Sunset Express, LLC on August 23, 2017
(Dkt. 12). Plaintiffs, through counsel, appeared for the
October 24, 2017 hearing on the motion for default judgment.
The defaulting parties did not appear for the hearing or
contact the court in any way.
Samuel Gallezzo and Robert Winskas are former employees of
defendants, claiming that defendants, Sunset Express, LLC, et
al., did not pay them wages required by the Fair Labor
Standards Act (“FLSA”), 29 U.S.C. § 206(a).
Neither defendant Miralem Beslagic nor defendant Sunset
Express, LLC is a minor or an incompetent person. As these
defendants have not answered or otherwise pled, the
allegations against defendants Miralem Beslagic and Sunset
Express, LLC are deemed admitted pursuant to Fed.R.Civ.P.
rule governing default judgment is Fed.R.Civ.P. 55(b), which
reads as follows:
(b) Entering a Default Judgment.
(1) By the Clerk. If the plaintiff's claim is for a sum
certain or a sum that can be made certain by computation, the
clerk-on the plaintiff's request, with an affidavit
showing the amount due-must enter judgment for that amount
and costs against a defendant who has been defaulted for not
appearing and who is neither a minor nor an incompetent
(2) By the Court. In all other cases, the party 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 ...