Estling v. GIDB Tiki LLC, No. 8:2020cv03204 - Document 14 (D.S.C. 2021)

Court Description: OPINION & ORDER granting 13 Motion for Default Judgment. Signed by Honorable Henry M Herlong, Jr on 1/8/2021.(abuc)
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Estling v. GIDB Tiki LLC 8:20-cv-03204-HMH Date Filed 01/08/21 Entry Number 14 Page 1 of 2 Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON DIVISION David Estling, ) ) Plaintiff, ) ) vs. ) ) GIDB Tiki, LLC d/b/a “Tiki Hut”, ) ) Defendant. ) __________________________________ ) C.A. No. 8:20-03204-HMH OPINION & ORDER This matter comes before the Court upon Plaintiff David Estling’s (“Estling”) motion for default judgment against Defendant GIDB Tiki, LLC d/b/a “Tiki Hut” (“Tiki Hut”). Estling commenced this action on September 8, 2020. (Compl., generally, ECF No. 1.) The Clerk of Court entered a default on October 5, 2020. (Entry of Default, ECF No. 8.) This court ordered that Defendant obtain counsel within thirty (30) days of October 6, 2020. (Counsel Order, ECF No. 9.) The Clerk of Court served the Order on Tiki Hut’s registered agent. (Service, ECF No. 10.) Tiki Hut has failed to plead or otherwise appear in this action. Liability has been established by the default, and Estling moves the court for an award of damages, attorneys’ fees, and costs. After a thorough review of the complaint and record in this case, the court awards Estling $3,846.15, the equivalent of two weeks pay, for violation of the Emergency Paid Sick Leave Act (“EPSLA”) provisions of the Families First Coronavirus Response Act (“FFCRA”), which requires “paid sick time” of eighty hours for certain pandemic related reasons. Pub. L. 116-127 § 5102(a)(1)-(4). Further, Estling is awarded $2,040.00 in reasonable attorneys’ fees 1 Dockets.Justia.com 8:20-cv-03204-HMH Date Filed 01/08/21 Entry Number 14 Page 2 of 2 and $400.00 in costs pursuant to 29 U.S.C. § 216(b) of the Fair Labor Standards Act, which were incorporated into the EPSLA. It is therefore ORDERED that the motion for default judgment, docket number 13, is granted in favor of Estling and against Tiki Hut, for an award of $3,846.15 in damages, $2040.00 in reasonable attorneys’ fees, and $400.00 in costs. Finding no just reason for delay, the Clerk is hereby instructed to enter default judgment. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina January 8, 2021 2