Denham

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

JAMES DENHAM,

Plaintiff,

v. 2:25-cv-94-SPC-NPM

EYM DINER OF FLORIDA,

Defendant.

ORDER

Plaintiff James Denham was employed by defendant EYM Diner of Florida

as a server, but EYM failed to pay his wages in violation of the Fair Labor Standards

Act, 29 U.S.C. § 201, et seq. (“FLSA”).1 The clerk previously defaulted EYM for

failing to defend after we warned EYM to retain new counsel. (Docs. 22, 26, 27).

See Fed. R. Civ. P. 55(a). Now Denham seeks a default judgment, which is

unopposed. See Local Rule 3.01(c).2 It does “not differ in kind from, or exceed in

amount, what is demanded in the pleadings.” Fed. R. Civ. P. 54(c). And it is

supported by verified answers to court-issued interrogatories, setting forth his hourly

wages and hours worked. (Docs. 29-1).3 Finally, because the claim is for “a sum that

1 Since the filing of this suit, EYM has paid Denham his straight-time wages of $585.95, but failed

to pay him his $471.25 in FLSA liquidated damages. (Doc. 29 at 2).

2 Plaintiff served the motion for default judgment on EYM. (Doc. 29 at 7).

3 Cf. Brown v. Everest Moving & Storage, Inc., No. 12-CV-62530, 2013 WL 12126001, *2 (S.D.

Fla. Aug. 20, 2013) (“In the context of an FLSA default judgment, affidavits may be the only

means of establishing a plaintiff’s damages when a defendant employer has not come forward with

time records of its own.”)

can be made certain by computation,” the clerk may enter the judgment without court

review. Fed. R. Civ. P. 55(b)(1).*

The complaint and interrogatory answers substantiate Denham’s damages in

the amount of $471.25 for FLSA minimum wage liquidated damages (Docs. 29 at

6; 29-1 at 3). Accordingly, the CLERK is directed to GRANT Denham’s request

(Doc. 29), enter a default judgment against EYM, and award $471.25 to Denham.

Post-judgment interest will automatically accrue by statute. See 28 U.S.C. § 1961 □□□□

And given this entry of judgment in Denham’s favor, he is also entitled to attorney’s

fees under the FLSA’s fee-shifting provision. See 29 U.S.C. § 216(b). To obtain a

fee award, he must file a supplemental motion on amount by May 11, 2026. See

Local Rule 7.01(c). To tax costs, Denham must file a proposed Bill of Costs (AO

Form 133) and its required documentation within a reasonable time after the entry

of judgment.

ORDERED on Match 25, 2026

NICHOLAS P. LE

United States Magistrate Judge

* See also 28 U.S.C. § 636(b)(3).