United States District Court, S.D. Texas, Houston Division
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Stephen Wm. Smith United States Magistrate Judge
case brought under the Fair Labor Standards Act, 29 U.S.C.
§ 201, etseq., (FLSA) was tried to the court on
November 6, 2017. The parties consented to the jurisdiction
of this magistrate judge for all purposes, including final
case arises under the Fair Labor Standards Act (FLSA).
Patterson contends that defendants violated the FLSA by not
paying him overtime. Defendant Antoine J. Joseph contends
that he was not Patterson's employer; Patterson is exempt
from the overtime requirements of the FLSA; and Patterson did
not work any unpaid overtime hours. Defendant Infinity EMS,
LLC contends Patterson did not work any unpaid overtime
hours. Defendant James R. Chaney did not appear at trial.
Based on the evidence presented at trial, arguments of
counsel, and applicable law, the court makes the
following findings of fact and conclusions of
II. DEFAULT JUDGMENT
Defendant James R. Chaney, having been properly noticed, did
not appear for trial on November 6, 2017. Dkt. 54.
Chaney also did not appear at the final pretrial conference
on November 2, 2107. Dkt. 50.
Counsel who filed an answer on the part of Chaney conceded he
was no longer in contact with his former client; that Chaney
is living out of the country; and that he had no reason to
believe Chaney intends to return to defend this action.
default judgment may be entered against a person who fails to
appear at trial or otherwise fails to defend an action.
Fed.R.Civ.P. 55; Seven Elves
Plaintiff has met his burden to show that a default judgment
against James R. Chaney is appropriate.
Plaintiff is entitled to default judgment based on the
allegations in the complaint as to liability against James R.
Chaney. See Wooten v. McDonald Transit Assoc, Inc.,
788 F.3d 490, 496 (5th Cir. 2015).
Despite entry of default judgment as to liability, plaintiff
must prove the amount of damages at trial. Id.; see
FSLA Claim Conclusions of Law 14-16, infra.
Recartor Patterson worked as an ambulance driver and
Emergency Medical Technician (EMT) for Infinity EMS, LLC from
August 2013 through August 2015. Tr.
Patterson testified that he did not work for any other
company from August 2013 through August 2015. Tr. 105-06.
Patterson's Linked In resume states that he worked for
Nurse Management and Tadeo's EMS during parts of this
same time period. Patterson testified that he ...