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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-23708-CV-WILLIAMS

CHARLA BEAUVAIS,

Plaintiff,

v.

AMISIAL MEDSPA LLC, et al.,

Defendants.

/

ORDER

THIS MATTER is before the Court on Magistrate Judge Lisette M. Reid’s Report

and Recommendation (DE 30) (“Report”) on Plaintiff’s Motion for Default Judgment (DE 

28) (“Plaintiff’s Motion”). In the Report, Magistrate Judge Reid recommends that 

Plaintiff’s Motion be granted in part and denied in part. (DE 30 at 1.) Specifically, Judge 

Reid recommends that the Court deny Plaintiff’s Motion with respect to her requests for 

lost wages under Count I and attorneys’ fees and costs.

1 (Id. at 11.) Aside from Plaintiff’s 

request for lost wages and attorneys’ fees and costs, Judge Reid recommends that the 

Court grant Plaintiff’s Motion. (Id.)

Plaintiff filed Objections to the Report (DE 31). Plaintiff objects only to Judge Reid’s 

recommendation that the Court deny back wage damages, arguing that “no further 

evidence on mitigation is necessary where Defendants have not met their burden to show 

1 In the Report, Judge Reid recommends that Plaintiff be permitted to file a separate 

motion to recover her reasonable attorneys’ fees and costs but does not clarify whether 

Plaintiff should be permitted to file a supplemental affidavit to demonstrate her entitlement 

to back wages.

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that Plaintiff failed to mitigate damages, and that respectfully the Court should not be 

weighing a burden of proof that was failed to be met by an already-defaulted set of 

Defendants.” (Id. at 4.) Alternatively, Plaintiff requests the opportunity to supplement her 

Affidavit with information about her mitigation efforts to demonstrate entitlement to back 

wages. (Id. at 5.)

Upon an independent review of the Report, the record, and applicable law, it is 

ORDERED AND ADJUDGED that:

1. The Report (DE 30) is AFFIRMED AND ADOPTED.

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2. Plaintiff’s Motion for Default Judgment (DE 28) is GRANTED IN PART AND 

DENIED IN PART, as follows:

a. Plaintiff shall recover from Defendants $3,547.50 in damages for unpaid 

overtime wages and liquidated damages under the FLSA. Interest shall 

accrue on this judgment pursuant to 28 U.S.C. § 1961.

b. Within seven (7) days of the date of this Order, Plaintiff shall file a separate 

motion to recover its reasonable attorneys’ fees and costs.

c. Within seven (7) days of the date of this Order, Plaintiff shall file a motion 

for back wages, including a supplemental affidavit to demonstrate 

entitlement to back wages.

3. The Court will separately enter an order of final judgment at a later date.

2 Judge Reid recommends that Plaintiff’s request for back wages be denied. The Court 

adopts Judge Reid’s recommendation, but grants Plaintiff leave to amend her Affidavit to 

demonstrate entitlement to back wages.

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DONE AND ORDERED in Chambers in Miami, Florida, this 15th day of June, 

2023.

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