John Hopkins Individually and on Behalf of All Others Similarly Situated v. East Texas Roof Works & Sheet Metal, LLC
John Hopkins Individually and on Behalf of All Others Similarly Situated v. East Texas Roof Works & Sheet Metal, LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00633 John Hopkins, Plaintiff, v. East Texas Roof Works & Sheet Metal, LLC, et al., Defendants.
ORDER Plaintiff John Hopkins filed this civil-rights lawsuit pursuant to the Fair Labor Standards Act,
29 U.S.C. §§ 201-219Doc. 1. The case was referred to United States Magistrate Judge John D. Love. Doc. 4. After defendants failed to file an appearance, the clerk en- tered default at plaintiff’s request. Doc. 8. Plaintiff then filed a mo- tion for default judgment. Doc. 10. At the default judgment hearing on June 10, 2024, defendant Jimmy Gordon personally appeared without counsel and indicated that he intends to defend this lawsuit. Judge Love then issued an order (Doc. 20) vacating the clerk’s entry of default and an amended report (Doc. 21) recommending that plaintiff’s motion for default judgment be denied. To date, no objec- tions have been filed, and the time period for doing so has passed. When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n,
79 F.3d 1415, 1420(Sth Cir. 1996). Hav- ing reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommen- dation. For the reasons stated in the report, plaintiff’s motion for default judgment (Doc. 10) is denied. So ordered by the court on August 23, 2024. Corba, _faebok BARKER United States District Judge
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