SCRIVENS
v.
PHILLIP SCOTT MANAGEMENT & INVESTMENTS LLC
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In this FLSA wage and hour case, the district court adopted a magistrate judge's report and recommendation, granting in part plaintiff Scrivens' motion for default judgment against his former employers. The court awarded $109,330 in unpaid wages, overtime, and liquidated damages.
The court granted plaintiff's motion for default judgment in part, awarding $54,080 in unpaid wages, $10,400 in unpaid overtime wages, $34,450 in liquidated damages for the wage claim, and $10,400 in liquidated damages for the overtime claim, for a total of $109,330.
[1] A district court reviews the legal conclusions of a magistrate judge de novo in the absence of an objection.
[2] A plaintiff may be awarded unpaid wages and unpaid overtime wages in an FLSA claim.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Judge Wilson found that Plaintiff demonstrated liability in this FLSA claim for unpaid wages and unpaid overtime wages.”
Establishes that the court determined defendants were liable for wage and overtime violations.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Thomas Scrivens brought an FLSA claim against Phillip Scott Management and Investments LLC and Randall Cortner for unpaid wages and overtime…
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Before the Court is Plaintiff Thomas Scrivens' Motion for Entry of Default Final Judgment (Dkt. 43) and United States Magistrate Judge Wilson's wellreasoned and thorough report and recommendation (Dkt. 53). Judge Wilson held a hearing and recommends that the motion be granted in part and denied in part. The time for filing objections has passed.
The Court reviews the legal conclusions de novo in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citation omitted); Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994). Judge Wilson found that Plaintiff demonstrated liability in this FLSA claim for unpaid wages and unpaid overtime wages. The Magistrate Judge properly found that Plaintiff is not entitled to back pay and other speculative damages. For the reasons
explained in the Report and Recommendation, and in conjunction with an independent examination of the file, the Court rules as follows:
1. The Report and Recommendation (Dkt. 53) is adopted, confirmed, and approved in all respects and made a part of this order.
2. Plaintiff's motion for default judgment (Dkt. 43) is granted in part and denied in part as set forth in more detail in the Report and Recommendation at docket 53. Plaintiff is awarded unpaid wages of $54,080, unpaid overtime wages of $10,400, liquidated damages as to the wage claim of $34,450, and liquidated damages of $10,400 as to the overtime wage claim. The motion is otherwise denied.
3. The Clerk is directed to enter final default judgment in favor of Plaintiff Thomas Scrivens and against Defendants Phillip Scott Management and Investments, LLC, and Randall Cortner in the total amount of $109,330.
4. The Clerk is directed to close the case.
DONE AND ORDERED at Tampa, Florida, on September 5, 2025.
WILLIAM F. JUNG
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO: Counsel of record