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Kwasnik v. Charlee Family Care Services of Central FL

United States District Court, M.D. Florida, Orlando Division
Jun 9, 2009
Case No. 6:08-cv-926-Orl-31KRS (M.D. Fla. Jun. 9, 2009)

Summary

declining to exercise supplemental jurisdiction because "of the uncertainty regarding whether the pre-suit notice required by section 448.110 is constitutional, whether pre-suit notice is a substantive provision that must be complied with before filing a complaint in federal court, and the other significant differences between the FLSA and FMWA"

Summary of this case from Oster v. Lucky Rest. Mgmt. LLC

Opinion

Case No. 6:08-cv-926-Orl-31KRS.

June 9, 2009


ORDER


This cause comes before the Court on Renewed Motion for Entry of Default Final Judge (Doc. No. 25) filed November 25, 2008.

On May 19, 2009, the United States Magistrate Judge issued a report (Doc. No. 53) recommending that the motion be granted, in part. No objections have been filed. Therefore, it is ORDERED as follows:

1. That the Report and Recommendation is CONFIRMED and ADOPTED as part of this Order.

2. That the Renewed Motion for Entry of Default Final Judge is granted in part as follows:

a) The Clerk is directed to enter judgment on behalf of Plaintiff, Michael Kwasnik and against Defendant in the amount of $17,642.22;
b) The Clerk is directed to enter judgment on behalf of Plaintiff, Shavonia Hutchens and against Defendant in the amount of $21,902.40;
c) Counsel for Plaintiffs cannot withhold any amount o these damages from Plaintiffs, whether pursuant to a retainer agreement or otherwise.

3. The Court declines to exercise supplemental jurisdiction over the FMWA claims; and

4. The court retains jurisdiction to award costs and attorneys fees.

DONE and ORDERED.


Summaries of

Kwasnik v. Charlee Family Care Services of Central FL

United States District Court, M.D. Florida, Orlando Division
Jun 9, 2009
Case No. 6:08-cv-926-Orl-31KRS (M.D. Fla. Jun. 9, 2009)

declining to exercise supplemental jurisdiction because "of the uncertainty regarding whether the pre-suit notice required by section 448.110 is constitutional, whether pre-suit notice is a substantive provision that must be complied with before filing a complaint in federal court, and the other significant differences between the FLSA and FMWA"

Summary of this case from Oster v. Lucky Rest. Mgmt. LLC

In Kwasnik v. Charlee Family Care Services of Central Florida, Inc., No. 6:08-cv-926-Orl-31KRS, 2009 WL 1607809 (M.D. Fla. June 9, 2009), this Court declined to exercise supplemental jurisdiction over a Florida Constitution minimum wage claim filed in an FLSA case because the claim would require the Court to decide novel and complex issues of state law regarding whether the FMWA pre-suit notice requirement must be complied with before bringing a claim of violation of the minimum wage provision in the Florida Constitution.

Summary of this case from Giarolo v. Goodwill Indus. of Cent. Fla., Inc.
Case details for

Kwasnik v. Charlee Family Care Services of Central FL

Case Details

Full title:MICHAEL KWASNIK and SHAVONIA HUTCHENS, Plaintiffs, v. CHARLEE FAMILY CARE…

Court:United States District Court, M.D. Florida, Orlando Division

Date published: Jun 9, 2009

Citations

Case No. 6:08-cv-926-Orl-31KRS (M.D. Fla. Jun. 9, 2009)

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