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Diby Ako v. Arriva Best Security, Inc., et al.

U.S.D.C. (N.D. Tex.) Case No. 3:22-cv-1751-S

Motion for Default Judgment

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

DIBY AKO PLAINTIFF

vs. No. 3:22-cv-1751-S

ARRIVA BEST SECURITY, INC., DEFENDANTS

and AMOIFO KOFFI

MOTION FOR DEFAULT JUDGMENT

AGAINST DEFENDANT ARRIVA BEST SECURITY, INC.

Plaintiff Diby Ako (“Plaintiff”) by and through his attorney Josh Sanford of Sanford 

Law Firm, PLLC, for his Motion for Default Judgment against Defendant Arriva Best 

Security, Inc. (“Motion”), hereby states and alleges as follows:

1. By this Motion, Plaintiff Diby Ako (“Plaintiff”) seeks a default judgment 

against Defendant Arriva Best Security, Inc. (“Defendant”) in the amount of $52,780.00 

plus an equal amount as liquidated damages, for a total of $105,560.00. See Declaration 

of Diby Ako, attached hereto as Exhibit 1. 

2. In addition to the above, Plaintiff seeks an award of attorney’s fees in the 

amount of $8,282.56 and costs in the amount of $870.50, for a total of $9,153.06. See 

Declaration of Josh Sanford, attached hereto as Exhibit 3.

3. Plaintiff filed his Original Complaint against Defendants Arriva Best 

Security, Inc., and Amoifo Koffi on August 11, 2022 (ECF No. 1).

4. Plaintiff served Defendant Arriva Best Security, Inc. with the Complaint on 

March 18, 2023. (ECF No. 19).

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U.S.D.C. (N.D. Tex.) Case No. 3:22-cv-1751-S

Motion for Default Judgment

5. Defendant Arriva Best Security, Inc.’s deadline for filing and serving an 

Answer or Motion to Dismiss was April 10, 2023, and no other time limit was fixed by this 

Court.

6. Defendant Arriva Best Security, Inc. has not filed or served an Answer or 

Motion to Dismiss in accordance with Fed. R. Civ. P. 12(a)(1).

7. No extension for filing or serving a proper Answer or Motion to Dismiss has

been requested or granted.

8. On August 30, 2023, this Court entered Default against Defendant Arriva 

Best Security, Inc. (ECF No. 27).

9. Plaintiff is entitled to Judgment by default against Defendant Arriva Best 

Security, Inc. based on the claims set forth in his Complaint, which allege:

a. Defendant Arriva Best Security, Inc. (“Defendant” or “ABS”) is a foreign forprofit corporation headquartered in Texas. ABS’s registered agent for 

service of process is Amoifo Koffi, 9330 LBJ Freeway, Suite 900, Dallas, 

Texas 75243. ECF No. 1, at ¶¶ 5, 10, 12.

b. ABS is a business subject to the FLSA because its annual gross volume of 

sales made or business done is at least $500,000.00 and it has at least two 

employees who handle, sell, or otherwise work on goods or materials that 

have been moved in or produced for commerce. Id. at ¶¶ 14-15.

c. ABS employed Ako as a Firewatch Services Guard from September of 2020

until September of 2021. Id. at ¶ 18.

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Diby Ako v. Arriva Best Security, Inc., et al.

U.S.D.C. (N.D. Tex.) Case No. 3:22-cv-1751-S

Motion for Default Judgment

d. Plaintiff’s primary duties included, but were not limited to, inspecting ABS’s

customers’ work sites for fire hazards, reporting any potential fire risks, and 

monitoring to ensure there were no fires. Id. at ¶ 20.

e. Plaintiff was promised by ABS an hourly pay of $15.00 for all hours worked;

however, Plaintiff was paid neither an hourly or salary rate. Id. at ¶¶ 23, 27.

f. Plaintiff was hired by ABS to work for a continuous and ongoing period of 

time. Id. at ¶ 31.

g. ABS made statements to third parties regarding Plaintiff’s employment 

status, that he was paid $15.00 per hour and worked 100 hours per week. 

Id. at ¶ 35.

h. ABS did not compensate Plaintiff for any of the work he performed at any 

point during his employment with ABS. Id. at ¶ 30.

i. ABS failed to pay Plaintiff a lawful minimum wage for all hours worked. Id.

at ¶ 29. 

j. ABS willfully violated the provisions of 29. U.S.C. §§ 206 and 207 by 

employing employees engaged in commerce at an hourly rate less than the 

federal minimum wage and by failing to pay one and one-half (1.5) times 

regular wages for all hours worked over forty (40) in a week. Id. at ¶¶ 47-

53.

10. With this Motion, Plaintiff submits and incorporates the following exhibits: 

Exhibit 1: Declaration of Diby Ako;

Exhibit 2: Damages Calculations;

Exhibit 3: Declaration of Josh Sanford;

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Diby Ako v. Arriva Best Security, Inc., et al.

U.S.D.C. (N.D. Tex.) Case No. 3:22-cv-1751-S

Motion for Default Judgment

Exhibit 4: Billing Spreadsheet; and

Exhibit 5: Costs Invoice.

11. Plaintiff also files herewith and incorporates herein a Brief in Support of 

Motion for Default Judgment.

WHEREFORE, premises considered, Plaintiff Diby Ako respectfully request that

Plaintiff’s Motion for Default Judgment Against Defendant Arriva Best Security, Inc. be 

granted in full; judgment be entered in favor of Plaintiff against Defendant Arriva Best 

Security, Inc., finding that Defendant Arriva Best Security, Inc. violated the provisions of 

the Fair Labor Standards Act as alleged in Plaintiff’s Complaint; said judgment be in the 

amount of $52,780.00 in back wages; $52,780.00 in liquidated damages; and 9,153.06 in 

costs and attorney’s fees; and the Court award such other and further relief as may be 

appropriate and just.

Respectfully submitted,

PLAINTIFF DIBY AKO

SANFORD LAW FIRM, PLLC

Kirkpatrick Plaza

10800 Financial Centre Pkwy, Suite 510

Little Rock, Arkansas 72211

Telephone: (501) 221-0088

Facsimile: (888) 787-2040

/s/ Josh Sanford_________

Josh Sanford

Tex. Bar No. 24077858

josh@sanfordlawfirm.com

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Diby Ako v. Arriva Best Security, Inc., et al.

U.S.D.C. (N.D. Tex.) Case No. 3:22-cv-1751-S

Motion for Default Judgment

CERTIFICATE OF SERVICE

I, the undersigned counsel, do hereby certify that on the date imprinted by the 

CM/ECF system, a copy of the foregoing MOTION was filed via the CM/ECF system, 

which will provide notice to all interested parties. Notice has been delivered by other 

means to:

Arriva Best Security Inc.

c/o Aimee Koffee

5482 Wilshire Blvd. Ste. 219

Los Angeles, CA 90036

Amoifo Koffee

9955 Durant Drive, Unit 304

Beverley Hills, CA 90212

/s/ Josh Sanford

 Josh Sanford

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