Maxmillian Abreu, et al. v. Dmitri Kotikovski

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-13774
Non-Argument Calendar
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D.C. Docket No. 1:12-cv-20624-WMH
MAXIMILLIAN ABREU,
DARIO SILVESTRO,
MICHELLE ZAPATA,
on their own behalves and others similarly situated,
CIRCE C. RAYMOND,
EUNICE URAMIARE,
FRANCISCO R. ARRUNTEGUI,
JAVIER OITANA,
JULIO CHENG,
LEONARDO ARRAEZ,
Plaintiffs - Appellants,
versus
RUSSIAN PALACE, INC., etc.
Defendant,
DMITRI KOTIKOVSKI,
Defendant - Appellee.
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Appeal from the United States District Court
for the Southern District of Florida
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(July 9, 2015)
Before WILSON, JORDAN, and JILL PRYOR, Circuit Judges.
PER CURIAM:
Maximillian Abreu, on behalf of himself and other similarly situated
Appellants (collectively, Appellants), appeals the district court’s order granting
Defendant-Appellee Dmitri Kotikovski’s motion for summary judgment.
Appellants filed suit against their former employer, Russian Palace, Inc. (Russian
Palace), and Kotikovski individually pursuant to the Fair Labor Standards Act
(FLSA), alleging that they had not been paid weekly and overtime wages. The
district court entered a default judgment against Russian Palace and Kotikovski.
However, Kotikovski successfully moved to set aside the default judgment against
him and subsequently filed a motion for summary judgment, which the district
court granted.
After consideration of the parties’ briefs and upon thorough review of the
record, we find that summary judgment was properly entered. The district court
correctly determined that Abreu failed to present evidence that Russian Palace
exceeded the gross annual revenue threshold of $500,000.00 required to establish
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enterprise coverage under the FLSA, and he failed to establish that Appellants
were entitled to individual coverage under FLSA as cooks, chefs, servers, and
managers because their job duties were inconsistent with duties that have been
considered to include activities of interstate commerce. Accordingly, the judgment
of the district court granting Kotikovski’s motion for summary judgment is
AFFIRMED.
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