The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JANET MASON,
Plaintiff,
v. Case No. 8:19-cv-307-WFJ-TGW
PATHFINDERS FOR INDEPENDENCE,
INC. and BERYL BROWN,
Defendants.
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ORDER GRANTING FINAL SUMMARY JUDGMENT
The Court enters this final summary judgment order upon Plaintiff’s motion.
Doc. 100. In April 2022 the Court granted Plaintiff’s partial summary judgment
motion, finding that Plaintiff was an employee of Defendants entitled to payment
for uncompensated overtime, and liquidated damages. Doc. 95. The Court also
instructed Plaintiff to file a motion concerning her damages and attorney’s fees.
The Court noted on the docket the deadline for a response, Doc. 101, which has
passed without an objection being filed. Pursuant to Local Rule 3.01(c), M.D. Fla.,
“[i]f a party fails to timely respond, the motion is subject to treatment as
unopposed.”
Despite the unopposed nature of the motion, the Court has reviewed both the
claim for Plaintiff’s damages and the claim for attorney’s fees. The Court has
considered the work shown on the docket in this case which has been pending
since early 2019.
The uncompensated overtime claim in the amount of $14,062.00 is well
supported. Likewise, the unopposed attorney’s fee claim per, 29 U.S.C. §216(b),
and the unopposed request for prevailing-party court costs are appropriate and
supported. See Norman v. Housing Auth. of Montgomery, 836 F.2d 1292 (11th Cir.
1988). Those items are $47,700 in attorney’s fees; but recoverable costs are
reduced to $1,816.65 (reflecting filing fee, service, and deposition).
The motion for final summary judgment, Doc. 100, is granted. The Clerk
will enter final judgment in Plaintiff's favor against both Defendants jointly and
severally for $14,062.00 in unpaid overtime plus $14,062.00 in liquidated
damages, as well as the fees and costs shown above: For a total of $77,640.65, for
which let execution issue. The Clerk will close this case.
DONE AND ORDERED at Tampa, Florida, on July 6, 2022.
mb, —
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of record