Vasconcelo v. Miami Auto Max, Inc., No. 19-10679 (11th Cir. 2020)Annotate this Case
Plaintiff filed suit alleging that Miami Auto Max violated the Fair Labor Standards Act, seeking over $12,000 in unpaid wages and liquidated damages. After defendant refused an offer of judgment for $3,500, he went to trial and prevailed, winning a verdict for $97 plus an equal amount in liquidated damages. The district court awarded him 37 percent of his requested attorney's fees and taxed against him the costs incurred by the parties after the offer of judgment. Plaintiff appeals both the final judgment and the order awarding fees and taxing costs.
The Eleventh Circuit dismissed in part and affirmed in part, holding that plaintiff's appeal of the final judgment is untimely and that his appeal of the order awarding attorney's fees and taxing costs has no merit. In this case, the district court acted within its discretion to award a reasonable fee in light of plaintiff's limited success at trial, where he recovered only $194.40 after demanding $12,795.30. Furthermore, the district court correctly applied Federal Rule of Civil Procedure 68 to tax the parties' post-offer costs against plaintiff.