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Marvin Haskins v. U.S. One Transportation

December 15, 2010

MARVIN HASKINS, PLAINTIFF,
v.
U.S. ONE TRANSPORTATION, LLC ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge

Re Document Nos.: 9, 11, 13, 16, 17, 18

MEMORANDUM OPINION

GRANTING THE DEFENDANTS'MOTION TO VACATE THE CLERK'SENTRY OF DEFAULT;

DENYING THE PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT;DENYING WITHOUT PREJUDICE THE DEFENDANTS'MOTION FOR SUMMARY JUDGMENT;GRANTING AS CONCEDED

THE PLAINTIFF'S FIRST AND SECOND MOTIONS FOR LEAVE TO AMEND THE COMPLAINT; DENYING WITHOUT PREJUDICE THE PLAINTIFF'S MOTION TO FACILITATE THE IDENTIFICATION OF SIMILARLY SITUATED INDIVIDUALS

I. INTRODUCTION

The plaintiff, Marvin Haskins, has filed a complaint alleging that the defendants, his employers, have deprived him of wages to which he is lawfully entitled, in violation of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. ("FLSA"), and the D.C. Wage Payment and Wage Collection Act, D.C. CODE §§ 32-1301 et seq. ("DCWPA"). Because the defendants did not file a timely response to the complaint, the Clerk of the Court entered default against them. The matter is now before the court on the plaintiff's motion for default judgment and the defendants' motion to vacate the entry of default. For the reason discussed below, the court grants the defendants' motion to vacate the entry of default and denies the plaintiff's motion for default judgment.

The parties have also filed a number of additional motions that are now ripe for adjudication, including the plaintiff's motions for leave to amend the complaint and the defendants' motion for summary judgment. For the reasons discussed below, the court denies without prejudice the defendants' motion for summary judgment, grants the plaintiff's first and second motions for leave to amend the complaint and denies without prejudice the plaintiff's motion to facilitate the identification of similarly situated employees.

II. FACTUAL & PROCEDURAL BACKGROUND

As stated in the complaint, defendants U.S. One Transportation, LLC and U.S. One, LLC (collectively, "the LLCs") are businesses that provide transportation services to adults with disabilities and to school children in Maryland and the District of Columbia. Compl. ¶¶ 2-4. Defendant Modupe Ayodeji Atanda-Owo is alleged to be the owner and president of both entities. Id. ¶ 5.

Since June 2008, the plaintiff has worked as a full-time driver for the defendants, picking up and dropping off the defendants' clients using the defendants' vehicles. Id. ¶ 7. The plaintiff contends that the defendants have violated the FLSA and DCWPA by failing to pay him overtime wages to which he is entitled and by wrongfully deducting amounts from his wages. Id. ¶¶ 8-12.

The plaintiff commenced this action on May 3, 2010 on behalf of himself and all individuals similarly situated. See generally id. The defendants were served with the complaint on May 10, 2010, Aff. of Service (June 14, 2010), but did not respond. As a result, on June 16, 2010, the Clerk of the Court entered default against the LLCs. Entry of Default (June 16, 2010). The Clerk of the Court subsequently entered default against Atanda-Owo on June 22, 2010, after the plaintiff filed the requisite Soldiers and Sailors affidavit. Aff. in Compliance with Soldiers and Sailors Civil Relief Act of 1940 (June 18, 2010); Entry of Default (June 22, 2010).

On July 12, 2010, the plaintiff filed a motion for default judgment against the defendants. See generally Pl.'s Mot. for Default J. The defendants then filed a motion to vacate the entry of default against them and an opposition to the plaintiff's motion for default judgment. See generally Defs.' Mot. to Vacate Entry of Default & Opp'n to Pl.'s Mot. for Default J. ("Defs.' Mot. to Vacate Entry of Default"). At the same time, the defendants filed a motion for summary judgment. See generally Defs.' Mot. for Summ. J. The plaintiff has filed oppositions to both motions. See generally Pl.'s Opp'n to Defs.' Mot. to Vacate Entry of Default; Pl.'s Opp'n to Defs.' Mot. for Summ. J.

On August 24, 2010, the plaintiff filed a motion for leave to amend the complaint. See generally Pl.'s 1st Mot. to Amend Compl. Three weeks later, the plaintiff filed a motion to facilitate the identification and notification of other similarly situated employees. See generally Pl.'s Mot. to Facilitate Identification & Notification of Other Similarly Situated Employees. Finally, on September 27, 2010, the plaintiff filed a second motion for leave to amend the ...


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