Neves v. Elga General Services LLC ( 2024 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION CLEITON NEVES, Plaintiff, v. Case No: 6:24-cv-606-GAP-RMN ELGA GENERAL SERVICES LLC, Defendant ORDER This cause comes before the Court on Plaintiff's Motion for Final Default Judgment (Doc. No. 19) filed August 1, 2024. On November 5, 2024, the United States Magistrate Judge issued a report (Doc. No. 24) recommending that the motion be granted in part. No objections have been filed. Therefore, it is ORDERED as follows: 1. The Report and Recommendation is CONFIRMED and ADOPTED IN PART as part of this Order. 2. The Plaintiff's Motion for Final Default Judgment is GRANTED IN PART. The clerk is directed to enter Judgment in favor of Plaintiff Cleiton Neves against Defendant Elga General Services, LLC, on Count I in the total amount of $14,005.50 ($5,225.00 in unpaid overtime compensation, $5,225.00 in liquidated damages, $467.00 in costs, and $3,088.50 in attorney’s fees) and close the case. 3. Though Plaintiff filed a Notice of Voluntary Dismissal as to Count I (Doc. 16),1 the Court construes it as a motion to amend his Complaint under Fed. R. Civ. P. 15(a)(2) to drop Count II.? Plaintiff’s motion is hereby GRANTED; thus no claims remain. DONE and ORDERED in Chambers, Orlando, Florida on November 20, 2024. 34