Badillo v. Carpaccio, Inc.

Federal Civil Lawsuit Florida Southern District Court, Case No. 1:16-cv-20359
Magistrate Judge Jonathan Goodman, presiding
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Magistrate Judge Jonathan Goodman
Last Updated July 26, 2026 at 2:35 AM EDT (1.9 weeks ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Juan J. Badillo, Plaintiff

Represented by Zandro E. Palma, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Zandro E. Palma +1 305 446 1500 +1 305 446 1502 zep@thepalmalawgroup.com
v.
No Logo Carpaccio, Inc., Defendant

Represented by zumpanocastro.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Joseph Rene Ruiz +1 305 503 2990 +1 305 774 5908 joseph.ruiz@zumpanocastro.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Joseph Rene Ruiz +1 305 503 2990 +1 305 774 5908 joseph.ruiz@zumpanocastro.com
No Logo Marcelo Scagliori, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joseph Rene Ruiz

Represented by zumpanocastro.com Law Firm Placeholder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Joseph Rene Ruiz +1 305 503 2990 +1 305 774 5908 joseph.ruiz@zumpanocastro.com
Attributes
Citation Unknown
Nature of Suit 710 - Labor: Fair Labor Standards Act
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Timeline
  Entries (47) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required)  Filed: 8/3/2016, Entered: None Unknown Document Type
Civil Case Terminated per 44 Order. Closing Case. (asl) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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Legal Document (Payment Possibly Required)  Filed: 7/7/2016, Entered: None Unknown Document Type
Case Reopened : schedule for upcoming hearings (mr1)
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Legal Document (Payment Possibly Required)  Filed: 2/26/2016, Entered: None Unknown Document Type
Set/Reset Answer Due Deadline as per DE 9 : CARPACCIO, INC. response due 3/8/2016; MARCELO SCAGLIORI response due 3/8/2016. (lk)
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Legal Document (Payment Possibly Required) 44 Filed: 8/3/2016, Entered: 8/3/2016 Court Filing
ORDER approving FLSA settlement and closing case. The Clerk is directed to close this case and deny all pending motions as moot. Signed by Magistrate Judge Jonathan Goodman on 8/3/2016. (mda) (Entered: 08/03/2016)
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Legal Document (Payment Possibly Required) 43 Filed: 8/1/2016, Entered: 8/1/2016 Court Filing
**PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Fairness Hearing held on 8/1/2016. (Digital 15:00:46.) (mso) (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 42 Filed: 7/28/2016, Entered: 7/28/2016
NOTICE by Juan J. Badillo re 41 Order,,,, Set/Reset Hearings,,, of filing (Attachments: # 1 Exhibit A- Retainer Agreement and billing records) (Palma, Zandro) (Entered: 07/28/2016)
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Legal Document (Payment Possibly Required) 41 Filed: 7/18/2016, Entered: 7/18/2016 Court Filing
ENDORSED ORDER setting a Telephonic Fairness Hearing for 8/1/2016 at 03:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Plaintiff is required to file the retainer agreement and his attorney's billing and cost records at least three days before the hearing. Plaintiff's counsel should be prepared to discuss at the hearing the amount of costs and how the settlement proceeds will be divided between Plaintiff and his attorney. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. Signed by Magistrate Judge Jonathan Goodman on 7/18/2016. (mda) (Entered: 07/18/2016)
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Legal Document (Payment Possibly Required) 40 Filed: 6/24/2016, Entered: 6/24/2016 Court Filing
ENDORSED ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for all purposes up to and including entering Final Judgment. Judge Joan A. Lenard no longer assigned as presider/referral judge(s) in case. Signed by Judge Joan A. Lenard on 6/24/2016. (jts) (Entered: 06/24/2016)
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Legal Document (Payment Possibly Required) 39 Filed: 6/23/2016, Entered: 6/23/2016 Court Filing
CONSENT to Jurisdiction by US Magistrate Judge by Juan J. Badillo (Palma, Zandro) (Entered: 06/23/2016)
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Legal Document (Payment Possibly Required) 38 Filed: 6/22/2016, Entered: 6/22/2016 Court Filing
ENDORSED ORDER REQUIRING PARTIES TO FILE SETTLEMENT AGREEMENT OR CONSENT TO MAGISTRATE JUDGE MAKING FAIRNESS DETERMINATION. THIS CAUSE is before the Court on the Magistrate Judge's minute entry (D.E. 37) notifying the undersigned that this case settled following a settlement conference on June 21, 2016. Pursuant to the law of the Eleventh Circuit, this Court must review all proposed FLSA settlements for a determination of whether it represents "a fair and reasonable resolution of a bona fide dispute over FLSA provisions." Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982). Accordingly, it is hereby ORDERED AND ADJUDGED that within thirty (30) days of the date of this Order, the parties shall file a fully-executed Settlement Agreement for the undersigned's approval pursuant to Lynn's Food, 679 F.2d at 1355, or file a joint notice consenting to the Magistrate Judge's jurisdiction to approve the settlement by either conducting a fairness hearing or reviewing the proposed agreement. This case is DISMISSED WITHOUT PREJUDICE and ADMINISTRATIVELY CLOSED pending a fairness determination. All pending motions are DENIED AS MOOT. Signed by Judge Joan A. Lenard on 6/22/2016. (jts) (Entered: 06/22/2016)
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Legal Document (Payment Possibly Required) 37 Filed: 6/21/2016, Entered: 6/21/2016 Court Filing
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 6/21/2016. **CASE SETTLED** The Court read the terms of the settlement agreement into the record.(Digital 10:06:48 and 13:29:27.) (mso) (Entered: 06/21/2016)
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Legal Document (Payment Possibly Required) 36 Filed: 6/3/2016, Entered: 6/3/2016 Court Filing
ORDER Scheduling Mediation before Marlene Quintana. Mediation Deadline 9/2/2016. Mediation Hearing set for 8/16/2016 10:00 AM. Signed by Judge Joan A. Lenard on 06/03/16. (dp) (Entered: 06/03/2016)
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Legal Document (Payment Possibly Required) 35 Filed: 6/1/2016, Entered: 6/1/2016
Notice of Mediation Hearing before Mediator, Marlene Quintana filed by Juan J. Badillo. Mediation Hearing set for 8/16/2016 10:00 AM (Palma, Zandro) (Entered: 06/01/2016)
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Legal Document (Payment Possibly Required) 34 Filed: 5/26/2016, Entered: 5/26/2016 Court Filing
ENDORSED ORDER TO SHOW CAUSE. On May 11, 2016, the Court entered an Order requiring the parties to attend mediation and to file a proposed order scheduling mediation. (D.E. 31 .) The Order gave the parties fourteen (14) days to file the proposed order scheduling mediation and explicilty stated that: "A Notice of Selection of Mediator will not be considered compliant with this Order." (Id.) On May 25, 2016, the parties filed a Notice of Selection of Mediator (D.E. 33) in direct contravention of the Court's instructions. Therefore, Plaintiff shall have until June 1, 2016, to file a proposed order scheduling mediation in compliance with the Court's Order referring this case to mediation, or his case will be dismissed for non-compliance with court orders and want of prosecution. IT IS SO ORDERED. Signed by Judge Joan A. Lenard on 5/26/2016. (jts) (Entered: 05/26/2016)
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Legal Document (Payment Possibly Required) 33 Filed: 5/25/2016, Entered: 5/25/2016
NOTICE of Mediator Selection: Marlene Quintana selected. Filed/Added by Marlene Quintana. (Palma, Zandro) (Entered: 05/25/2016)
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Legal Document (Payment Possibly Required) 32 Filed: 5/19/2016, Entered: 5/19/2016 Court Filing
ORDER scheduling Settlement Conference for 6/21/2016 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall each submit an updated confidential settlement conference statement by 6/17/2016 at 5:00 PM. Signed by Magistrate Judge Jonathan Goodman on 5/19/2016. (mda) (Entered: 05/19/2016)
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Legal Document (Payment Possibly Required) 31 Filed: 5/11/2016, Entered: 5/11/2016 Court Filing
ORDER REFERRING CASE to Mediation. Mediation Deadline 9/2/2016. Signed by Judge Joan A. Lenard on 05/11/16. (Attachments: # 1 Appendix) (dp) (Entered: 05/11/2016)
  • Attachment 1 ORDER REFERRING CASE to Mediation. Mediation Deadline 9/2/2016. Signed by Judge Joan A. Lenard on 05/11/16. (Attachments: # 1 Appendix) (dp) (Entered: 05/11/2016)
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Legal Document (Payment Possibly Required) 30 Filed: 5/11/2016, Entered: 5/11/2016 Court Filing
Order Adopting Joint Scheduling Report, Setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures: Pretrial Conference set for 5/8/2017 02:30 PM in Miami Division before Judge Joan A. Lenard. Jury Trial set for 5/30/2017 09:00 AM in Miami Division before Judge Joan A. Lenard. Calendar Call set for 5/24/2017 04:00 PM in Miami Division before Judge Joan A. Lenard. Amended Pleadings due by 5/23/2016. Expert Discovery due by 10/6/2016. Fact Discovery due by 10/6/2016. Joinder of Parties due by 5/23/2016. Mediation Deadline 9/2/2016. In Limine Motions due by 3/27/2017. Dispositive Motions due by 12/22/2016. Pretrial Stipulation due by 4/10/2017. Signed by Judge Joan A. Lenard on 05/11/16. (dp) (Entered: 05/11/2016)
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Legal Document (Payment Possibly Required) 29 Filed: 5/10/2016, Entered: 5/10/2016 Court Filing
ORDER concerning Defendant's failure to appear at the settlement conference. Signed by Magistrate Judge Jonathan Goodman on 5/10/2016. (mda) (Entered: 05/10/2016)
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Legal Document (Payment Possibly Required) 28 Filed: 5/10/2016, Entered: 5/10/2016 Court Filing
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Status Conference re: Settlement Conference held on 5/10/2016. The Court had to adjourn the settlement conference because one of the defendants was 20 minutes late. The Settlement Conference will be reset for a later date and time. A written Order will be issued regarding same.(Digital 10:04:56 and 10:12:50.) Modified docket text on 5/10/2016 (mso). (Entered: 05/10/2016)
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Legal Document (Payment Possibly Required) 27 Filed: 5/9/2016, Entered: 5/9/2016 Court Filing
**PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: A Telephonic Status Conference hearing was held on 5/9/2016. (Digital 10:04:01) (mso) (Entered: 05/09/2016)
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Legal Document (Payment Possibly Required) 26 Filed: 4/12/2016, Entered: 4/12/2016 Court Filing
Order of Reference of Certain Matters to Magistrate Judge. Signed by Judge Joan A. Lenard on 04/12/16. (dp) (Entered: 04/12/2016)
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Legal Document (Payment Possibly Required) 25 Filed: 4/8/2016, Entered: 4/8/2016 Court Filing
CONSENT to Jurisdiction by US Magistrate Judge by Juan J. Badillo (Palma, Zandro) (Entered: 04/08/2016)
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Legal Document (Payment Possibly Required) 24 Filed: 4/8/2016, Entered: 4/8/2016
SCHEDULING REPORT - Rule 16.1 by Juan J. Badillo (Palma, Zandro) (Entered: 04/08/2016)
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Legal Document (Payment Possibly Required) 23 Filed: 4/4/2016, Entered: 4/4/2016
Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by JUAN J. BADILLO (Palma, Zandro) (Entered: 04/04/2016)
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Legal Document (Payment Possibly Required) 22 Filed: 4/4/2016, Entered: 4/4/2016 Court Filing
*ORDER, ( Telephone Conference set for 5/9/2016 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman.) **Only Plaintiff's Counsel is required to attend the telephone hearing. Signed by Magistrate Judge Jonathan Goodman on 4/4/2016. (mso) (Entered: 04/04/2016)
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Legal Document (Payment Possibly Required) 21 Filed: 3/30/2016, Entered: 3/30/2016 Court Filing
ORDER scheduling Settlement Conference for 5/10/2016 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 3/30/2016. (mda) (Entered: 03/30/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 3/29/2016, Entered: 3/29/2016 Court Filing
Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 03/29/16. (dp) (Entered: 03/29/2016)
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Legal Document (Payment Possibly Required) 19 Filed: 3/29/2016, Entered: 3/29/2016 Court Filing
Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Jonathan Goodman; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 03/29/16. (Attachments: # 1 Appendix, # 2 Appendix) (dp) (Entered: 03/29/2016)
  • Attachment 1 Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Jonathan Goodman; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 03/29/16. (Attachments: # 1 Appendix, # 2 Appendix) (dp) (Entered: 03/29/2016)
  • Attachment 2 Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Jonathan Goodman; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 03/29/16. (Attachments: # 1 Appendix, # 2 Appendix) (dp) (Entered: 03/29/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 3/24/2016, Entered: 3/24/2016
RESPONSE/REPLY to 13 Statement Amended Statement of Claim by CARPACCIO, INC.. (Ruiz, Joseph) (Entered: 03/24/2016)
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Legal Document (Payment Possibly Required) 17 Filed: 3/24/2016, Entered: 3/24/2016
RESPONSE TO ORDER TO SHOW CAUSE re 16 Order to Show Cause, by JUAN J. BADILLO. (Palma, Zandro) (Entered: 03/24/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 3/23/2016, Entered: 3/23/2016 Court Filing
**ENDORSED ORDER TO SHOW CAUSE. Plaintiff's counsel shall file a memorandum by 3/25/2016, showing cause, why counsel did not participate in the mandatory telephone status conference hearing that was scheduled on 3/23/2016. Failure to timely submit a memorandum demonstrating good cause may result in a report and recommendation that the case be dismissed or in an order imposing other sanctions. Signed by Magistrate Judge Jonathan Goodman on 3/23/2016. (mso) (Entered: 03/23/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 3/23/2016, Entered: 3/23/2016 Court Filing
**PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: A Telephonic Status Conference hearing was held on 3/23/2016. (Digital 10:03:41) (mso) (Entered: 03/23/2016)
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Legal Document (Payment Possibly Required) 14 Filed: 3/9/2016, Entered: 3/9/2016
Defendants' ANSWER and Affirmative Defenses to Complaint by CARPACCIO, INC., MARCELO SCAGLIORI. (Ruiz, Joseph) (Entered: 03/09/2016)
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Legal Document (Payment Possibly Required) 13 Filed: 3/8/2016, Entered: 3/8/2016
Statement of: Claim AMENDED by JUAN J. BADILLO (Palma, Zandro) (Entered: 03/08/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 3/8/2016, Entered: 3/8/2016 Court Filing
*ORDER, ( Telephone Conference set for 3/23/2016 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman.) Signed by Magistrate Judge Jonathan Goodman on 3/8/2016. (mso) (Entered: 03/08/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 2/25/2016, Entered: 2/25/2016 Court Filing
Statement of: Claim by JUAN J. BADILLO re 5 Notice of Court Practice, Order Referring Case to Judge, 10 Endorsed Order, Order to Show Cause,,,,,, (Palma, Zandro) (Entered: 02/25/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 2/25/2016, Entered: 2/25/2016 Court Filing
ORDER TO SHOW CAUSE. On February 3, 2016, the Court entered its Notice of Court Procedure in FLSA Actions (D.E. 5 ). The Notice directs Plaintiff to file "a statement of claim and/or amended complaint that conforms with the [Court's] requirements [in FLSA actions] within twenty (20) days from the date of this Order." (Id.). Plaintiff has not filed a statement of claim or an amended complaint within the time provided by the Court. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff shall file her statement of claim or amended complaint on or before March 4, 2016, or show cause why said filings cannot be timely made. If Plaintiff fails to comply with this Show Cause Order, his case will be dismissed. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 2/25/2016. (jts) (Entered: 02/25/2016)
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Legal Document (Payment Possibly Required) 9 Filed: 2/25/2016, Entered: 2/25/2016 Court Filing
ENDORSED ORDER GRANTING 8 Defendants' Motion for Extension of Time to File their Response/Answer. Defendants' Response/Answer to Plaintiff's Complaint is now due on or before March 8, 2016. Signed by Judge Joan A. Lenard on 2/25/2016. (jts) (Entered: 02/25/2016)
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Legal Document (Payment Possibly Required) 8 Filed: 2/24/2016, Entered: 2/24/2016
Unopposed MOTION for Extension of Time to Respond to Complaint re 1 Complaint by CARPACCIO, INC., MARCELO SCAGLIORI. Attorney Joseph Rene Ruiz added to party CARPACCIO, INC.(pty:dft), Attorney Joseph Rene Ruiz added to party MARCELO SCAGLIORI(pty:dft). Responses due by 3/14/2016 (Ruiz, Joseph) (Entered: 02/24/2016)
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Legal Document (Payment Possibly Required) 7 Filed: 2/12/2016, Entered: 2/12/2016
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by JUAN J. BADILLO. MARCELO SCAGLIORI served on 2/4/2016, answer due 2/25/2016. (Palma, Zandro) (Entered: 02/12/2016)
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Legal Document (Payment Possibly Required) 6 Filed: 2/12/2016, Entered: 2/12/2016
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by JUAN J. BADILLO. CARPACCIO, INC. served on 2/4/2016, answer due 2/25/2016. (Palma, Zandro) (Entered: 02/12/2016)
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Legal Document (Payment Possibly Required) 5 Filed: 2/3/2016, Entered: 2/3/2016 Court Filing
Notice of Court Procedure in Actions Brought Under The Fair Labor Standards Act and Referral to Magistrate Judge for Settlement Conference. Signed by Judge Joan A. Lenard on 02/03/16. (dp) (Entered: 02/03/2016)
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Legal Document (Payment Possibly Required) 4 Filed: 2/1/2016, Entered: 2/1/2016
Summons Issued as to CARPACCIO, INC., MARCELO SCAGLIORI. (bb) (Entered: 02/01/2016)
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Legal Document (Payment Possibly Required) 3 Filed: 1/30/2016, Entered: 2/1/2016 Court Filing
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (bb) (Entered: 02/01/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 1/30/2016, Entered: 2/1/2016 Court Filing
Judge Assignment to Judge Joan A. Lenard (bb) (Entered: 02/01/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 1/30/2016, Entered: 1/30/2016
COMPLAINT against CARPACCIO, INC., MARCELO SCAGLIORI. Filing fees $ 400.00 receipt number 113C-8443126, filed by JUAN J. BADILLO. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s))(Palma, Zandro) (Entered: 01/30/2016)
  • Attachment 1 COMPLAINT against CARPACCIO, INC., MARCELO SCAGLIORI. Filing fees $ 400.00 receipt number 113C-8443126, filed by JUAN J. BADILLO. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s))(Palma, Zandro) (Entered: 01/30/2016)
  • Attachment 2 COMPLAINT against CARPACCIO, INC., MARCELO SCAGLIORI. Filing fees $ 400.00 receipt number 113C-8443126, filed by JUAN J. BADILLO. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s))(Palma, Zandro) (Entered: 01/30/2016)
  • Attachment 3 COMPLAINT against CARPACCIO, INC., MARCELO SCAGLIORI. Filing fees $ 400.00 receipt number 113C-8443126, filed by JUAN J. BADILLO. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s))(Palma, Zandro) (Entered: 01/30/2016)
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