ORDER approving settlement agreements and dismissing claims of remaining Plaintiffs with prejudice. Signed by Judge Joan A. Lenard on 3/1/2013. (atl) (Entered: 03/01/2013)
ORDER approving settlement agreement and dismissing claims of Plaintiff Ernesto Carrera with prejudice. Signed by Judge Joan A. Lenard on 3/1/2013. (atl) (Entered: 03/01/2013)
STIPULATION of Dismissal with Prejudice, with the parties to bear their respectiv costs and attorney's costs and fees by UPS Supply Chain Solutions, Inc. (Cartwright, Kelly-Ann) (Entered: 02/12/2013)
MOTION Joint Motion for Approval of Settlement Agreements and Final Order of Dismissal with Prejudice by UPS Supply Chain Solutions, Inc.. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Text of Proposed Order)(Cartwright, Kelly-Ann) (Entered: 02/12/2013)
ORDER granting Parties' 538 Joint Motion for Extension of Time to File Settlement Agreement and Joint Motion for Approval. The Parties shall have until February 15, 2013, to file their fully-executed settlement agreement and joint motion for approval. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 2/11/2013. (atl) (Entered: 02/11/2013)
Joint MOTION for Extension of Time to file fully executed settlement agreement and joint motion for approval by UPS Supply Chain Solutions, Inc.. Responses due by 2/28/2013 (Cartwright, Kelly-Ann) (Entered: 02/11/2013)
Joint MOTION for Settlement Approval of Settlement Agreement and Final Order of Dismissal by UPS Supply Chain Solutions, Inc.. Responses due by 2/25/2013 (Attachments: # 1 Exhibit A- Confidential Settlement Agreement, # 2 Exhibit B-Joint Stipulation and Motion for Voluntary Dismissal with Prejudice, # 3 Exhibit C-Text of Proposed Order of Dismissal with Prejudice of Plaintiff Carrera's Claims)(Cartwright, Kelly-Ann) (Entered: 02/06/2013)
ORDER DISMISSING CASE WITHOUT PREJUDICE. THIS CAUSE is before the Court on the Parties' 535 Notice of Settlement, filed January 21, 2013, indicating that the claims of remaining Plaintiff Ernesto Carrera have been resolved in full. Under the law of the Eleventh Circuit, this Court must review all proposed FLSA Settlement Agreements. Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1354 (11th Cir. 1982). The Parties have not submitted their settlement agreement to the Court. Accordingly, it is hereby ORDERED AND ADJUDGED that (1) this matter is DISMISSED WITHOUT PREJUDICE; (2) within thirty (30) days of the date of this Order and upon the filing of both an appropriate joint motion and a fully-executed settlement agreement, the Court may amend this Order to approve the settlement, to retain jurisdiction over the agreement, and/or to dismiss the above-captioned action with prejudice; (3) this case is CLOSED; and (4) all pending motions are DENIED AS MOOT. This entry constitutes the ENDORSED Order in its entirety. Signed by Judge Joan A. Lenard on 1/22/2013. (atl) (Entered: 01/22/2013)
RESPONSE to Motion re 526 Plaintiff's MOTION to Strike 522 Notice of Supplemental Authority filed by UPS Supply Chain Solutions, Inc.. Replies due by 1/28/2013. (Cartwright, Kelly-Ann) (Entered: 01/16/2013)
ORDER Scheduling Settlement Conference, ( Settlement Conference set for 1/28/2013 10:00 AM in Miami Division before Magistrate Judge William C. Turnoff) Signed by Magistrate Judge William C. Turnoff on 1/15/2013. (cbr) Text Modified on 1/16/2013 (cbr). (Entered: 01/16/2013)
Minute Entry for proceedings held before Judge Joan A. Lenard: Final Pretrial Conference held on 1/14/2013, 4:20pm-4:25pm. Present: Christina Thomas, Angeli Murthy, Kelly-Ann Cartwright Gristine Gay, Christopher Bellows, Ericka Royal. Case to be referred to Magistrate Judge Turnoff for settlement conference; 3 plaintiff witnesses, 15 defense witnesses, apprx 5 day trial; plaintiff to file motion to vacate bifurcation by 1/18/13, response due 1/25/13, reply by 1/29/13; parties to revise exhibit/witness list. Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov (pm) (Entered: 01/14/2013)
ORDER REFERRING CASE to Magistrate Judge William C. Turnoff for settlement conference. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/14/2013. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL (atl) (Entered: 01/14/2013)
Plaintiff's MOTION to Strike 522 Notice of Supplemental Authority by Ernesto Carrera. Responses due by 1/31/2013 (Thomas, Christina) (Entered: 01/14/2013)
ORDER DENYING AS MOOT Plaintiffs Lesa Hayes, Daniel Fitzgerald, William Harilson, and Randall Lutchie-Maharaj's 478 Motion to Vacate Consolidation Order and to Transfer Venue. In light of the referenced Plaintiffs' settlement and the Court's dismissal of their claims (see D.E. 524), the referenced Plaintiffs' 478 Motion to Vacate Consolidation Order and to Transfer Venue is hereby DENIED AS MOOT. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/11/2013. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(atl) (Entered: 01/11/2013)
ORDER DISMISSING CLAIMS OF CERTAIN PARTIES WITHOUT PREJUDICE. THIS CAUSE is before the Court upon telephonic notice provided January 11, 2013, indicating that Plaintiffs Lesa Hayes, Daniel Fitzgerald, William Harilson, and Randall Lutchie-Maharaj have settled their claims with Defendant. Pursuant to the law of the Eleventh Circuit, this Court must review all proposed FLSA settlement agreements. Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1354 (11th Cir. 1982). The referenced Plaintiffs have not submitted their settlement agreement(s) to the Court. Accordingly, it is hereby ORDERED AND ADJUDGED that (1) the claims of the referenced Plaintiffs are DISMISSED WITHOUT PREJUDICE, and (2) within thirty (30) days of the date of this Order and upon the filing of both an appropriate joint motion and a fully-executed settlement agreement, the Court may amend this Order to approve the settlement, to retain jurisdiction over the agreement, and/or to dismiss the claims of the referenced Plaintiffs with prejudice. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/11/2013. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL (atl) (Entered: 01/11/2013)
ORDER granting Plaintiffs' 510 Unopposed Motion to Substitute Parties. Lesa Hayes is hereby substituted as the real party in interest for RayDunakin. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/10/2013. (atl) (Entered: 01/10/2013)
Notice of Supplemental Authority in Support of Motion for Summary Judgment by UPS Supply Chain Solutions, Inc. (Attachments: # 1 Supplement Cases)(Cartwright, Kelly-Ann) (Entered: 01/10/2013)
Joint Supplement With Objections to Exhibits the Parties MAY Offer at Trial to Pre-trial Stipulation by Ernesto Carrera (Attachments: # 1 Exhibit 1: Defendant's Objections to Exhibits Plaintiffs MAY Offer at Trial, # 2 Exhibit 2: Plaintiffs' Objections to Exhibits Defendant MAY Offer at Trial)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Thomas, Christina) Modified text on 1/9/2013 (asl). (Entered: 01/08/2013)
NOTICE by UPS Supply Chain Solutions, Inc. of Filing Master Exhibit Notebooks and Joint Statement of the Case (Cartwright, Kelly-Ann) (Entered: 01/07/2013)
REPLY in Support of 495 Defendant's MOTION in Limine to exclude evidence on how plaintiffs performed outside of the statute of limitations and pertaining to the predecessor entity filed by UPS Supply Chain Solutions, Inc.. (Cartwright, Kelly-Ann) Modified on 1/2/2013 (asl). (Entered: 12/31/2012)
ORDER granting Plaintiff's 512 Unopposed Motion for Extension of Time to Conduct Rule 16.1 Meeting. The Parties shall have until January 7, 2013, to conduct their Rule 16.1 Meeting. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/31/2012. (atl) (Entered: 12/31/2012)
Unopposed MOTION for Extension of Time TO CONDUCT RULE 16.1 MEETING AND COMPLY WITH COURT ORDER by Ernesto Carrera. Responses due by 1/14/2013 Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Murthy, Angeli) (Entered: 12/28/2012)
REPLY to Response to Motion re (498 in 0:10-cv-60263-JAL) MOTION in Limine to Exclude Evidence Regarding UPS'S Alleged Withdrawal of, or Charges to, the 15- Minute Rule filed by Ernesto Carrera. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Murthy, Angeli) (Entered: 12/28/2012)
Unopposed MOTION to Substitute Party by Daniel D. Fitzgerald, William E. Harilson, Randall Lutchmie-Maharaj. Responses due by 1/14/2013 (Attachments: # 1 Exhibit A- Assignment of Claim/Settlement/Award, # 2 Exhibit B-Affidavit of Successor Trustee)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Murthy, Angeli) (Entered: 12/28/2012)
REPLY to Response to Motion re 494 Defendant's MOTION in Limine to Exclude Evidence Relating to Other Litigation and Settlement and Incorporated Memorandum of Law filed by UPS Supply Chain Solutions, Inc.. (Cartwright, Kelly-Ann) (Entered: 12/28/2012)
RESPONSE in Opposition re 498 MOTION in Limine to Exclude Evidence Regarding UPS'S Alleged Withdrawal of, or Charges to, the 15- Minute Rule filed by UPS Supply Chain Solutions, Inc.. (Attachments: # 1 Exhibit A)(Cartwright, Kelly-Ann) (Entered: 12/20/2012)
RESPONSE in Opposition re (499 in 0:10-cv-60263-JAL) MOTION in Limine regarding Non-Plaintiff Drivers filed by UPS Supply Chain Solutions, Inc.. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Cartwright, Kelly-Ann) (Entered: 12/20/2012)
RESPONSE in Opposition re (203 in 1:11-cv-22332-JAL) Defendant's MOTION in Limine to Exclude Evidence Relating to Other Litigation and Settlement and Incorporated Memorandum of Law filed by Ernesto Carrera. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Thomas, Christina) (Entered: 12/20/2012)
RESPONSE in Opposition re 495 Defendant's MOTION in Limine to exclude evidence on how plaintiffs performed outside of the statute of limitations and pertaining to the predecessor entity filed by Ernesto Carrera. (Thomas, Christina) (Entered: 12/20/2012)
ORDER denying Parties' 491 Joint Motion for Continuance of Trial and Remaining Pretrial Deadlines. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/4/2012. (atl) (Entered: 12/04/2012)
MOTION in Limine to Exclude Evidence Regarding UPS'S Alleged Withdrawal of, or Charges to, the 15- Minute Rule by Ernesto Carrera, Randall Lutchmie-Maharaj, William E. Harilson, Daniel D. Fitzgerald, Ray Dunakin. (Attachments: # 1 Exhibit Exhibit A- Declaration of Jennifer Keating)(Celler, Richard) Modified to add filers on 12/4/2012 (asl). (Entered: 12/03/2012)
Defendant's MOTION in Limine to exclude evidence on how plaintiffs performed outside of the statute of limitations and pertaining to the predecessor entity by UPS Supply Chain Solutions, Inc.. (Cartwright, Kelly-Ann) (Entered: 12/03/2012)
Defendant's MOTION in Limine to Exclude Evidence Relating to Other Litigation and Settlement and Incorporated Memorandum of Law by UPS Supply Chain Solutions, Inc.. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Cartwright, Kelly-Ann) (Entered: 12/03/2012)
Joint Unopposed MOTION to Continue Trial and Remaining Pretrial Deadlines by UPS Supply Chain Solutions, Inc.. Responses due by 12/14/2012 Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Cartwright, Kelly-Ann) Modified text on 11/28/2012 (asl). (Entered: 11/27/2012)
NOTICE by UPS Supply Chain Solutions, Inc. TO COURT OF CORRECT DATE OF PLAINTIFFS' SERVICE OF OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Cartwright, Kelly-Ann) (Entered: 11/26/2012)
RESPONSE in Opposition re (478 in 0:10-cv-60263-JAL, 478 in 0:10-cv-60263-JAL) MOTION to Vacate (384 in 0:10-cv-60263-JAL) Order on Motion to Consolidate Cases,, and to Transfer Venue MOTION to Change Venue filed by UPS Supply Chain Solutions, Inc.. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Royal, Erika) (Entered: 10/22/2012)
Clerks Notice to Filer re 478 MOTION to Vacate (384 in 0:10-cv-60263-JAL) Order on Motion to Consolidate Cases,, and to Transfer Venue MOTION to Change Venue. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ral) (Entered: 10/05/2012)
MOTION to Vacate (384 in 0:10-cv-60263-JAL) Order on Motion to Consolidate Cases,, and to Transfer Venue by Daniel D. Fitzgerald. Responses due by 10/22/2012 Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah). Added MOTION to Change Venue on 10/5/2012 (ral). (Entered: 10/04/2012)
SUGGESTION OF DEATH as to Ray Dunakin by Daniel D. Fitzgerald Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah) (Entered: 10/04/2012)
ORDER DENYING AS MOOT Defendant's 432 Motion to Reopen Discovery. Defendant's Motion sought to reopen discovery with respect to various FLSA opt-in Plaintiffs. On September 14, this Court issued an 472 Order decertifying the conditional FLSA class and dismissing all opt-in Plaintiffs from this case. Accordingly, Defendant's 432 Motion to Reopen Discovery is hereby DENIED AS MOOT. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 10/4/2012. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(atl) (Entered: 10/04/2012)
NOTICE by UPS Supply Chain Solutions, Inc. of Filing Deposition Transcript Excerpts in Support of its Motion for Summary Judgment (Attachments: # 1 Transcripts Excerpt of Deposition Transcript of Lutchmie-Maharaj, Randall, # 2 Transcripts Excertp of Deposition Transcript of Harilson, William, # 3 Transcripts Exxcerpt of Depositon Transcript of Fitzgerald, Daniel, # 4 Transcripts Excerpt of Deposition Transcript of Dunakin, Ray, # 5 Transcripts Excerpt of Deposition Trancript of Carrera, Ernesto)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Cartwright, Kelly-Ann) (Entered: 10/04/2012)
ORDER DENYING Plaintiffs' 418 Motion for Class Certification. Signed by Judge Joan A. Lenard on 9/21/2012. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL (atl) (Entered: 09/21/2012)
ORDER GRANTING Defendant UPS Supply Chain Solutions, Inc.'s 419 Motion for Decertification of Conditional Class. Signed by Judge Joan A. Lenard on 9/14/2012. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(atl) (Entered: 09/14/2012)
ORDER granting Plaintiffs' Unopposed 470 Motion for Extension of Time to File Opposition and Reply Briefs on Defendant's Motion for Summary Judgment. Plaintiffs shall have thirty-five days after the summary judgment motion is filed within which to file their response. Defendant shall have eighteen days after the response is filed within which to file its reply. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 9/14/2012. (atl) (Entered: 09/14/2012)
Unopposed MOTION for Extension of Time to file response and reply briefs re: Defendant's Motion for Summary Judgment by Ernesto Carrera. Responses due by 10/1/2012 (Attachments: # 1 Text of Proposed Order)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Thomas, Christina) (Entered: 09/13/2012)
ORDER granting in part and denying in part Defendant SCS's 463 Motion for Leave to File Two Summary Judgment Motions and to Enlarge Page Limitations. SCS shall file a single summary judgment motion. The motion shall not exceed thirty-five pages. Plaintiffs' response in opposition shall not exceed thirty-five pages. SCS's reply memorandum shall not exceed fifteen pages. Pursuant to this Court's Order (D.E. 391) of December 5, 2011, all filings shall be double-spaced and printed in 12-point or larger type. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 9/12/2012. (atl) (Entered: 09/12/2012)
Defendant's MOTION PROPOSED ORDER ON DEFENDANTS NOTICE TO COURT OF PLAINTIFFS' POSITION ON MOTION REQUESTING PERMISSION TO FILE TWO SEPARATE SUMMARY JUDGMENT MOTIONS AND TO ENLARGE THE PAGE LIMITS FOR THE INITIAL MEMORANDA OF LAW AND THE REPLY AND REQUEST FOR ADDITIONAL TIME FOR RESPONSES TO THE MOTIONS re 463 Defendant's MOTION for Leave to File Excess Pages REQUESTING PERMISSION TO FILE TWO SEPARATE SUMMARY JUDGMENT MOTIONS AND TO ENLARGE THE PAGE LIMITS FOR THE INITIAL MEMORANDA OF LAW, THE REPLY AND THE STATEMENT OF MATERIAL FACTS MOTION for Leave to File by UPS Supply Chain Solutions, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order on PROPOSED ORDER ON DEFENDANTS NOTICE TO COURT OF PLAINTIFFS' POSITION ON MOTION REQUESTING PERMISSION TO FILE TWO SEPARATE SUMMARY JUDGMENT MOTIONS AND TO ENLARGE THE PAGE LIMITS FOR THE INITIAL MEMORANDA OF LAW AND THE REPLY AND REQUEST FOR ADDITIONAL TIME FOR RESPONSES TO THE MOTIONS)(Cartwright, Kelly-Ann) (Entered: 09/12/2012)
ORDER denying without prejudice Defendant SCS's 423 Request for Oral Argument on 419 Motion for Decertification of Conditional Class. In accordance with L.R. 7.1(b), if the Court deems a hearing appropriate in evaluating a matter, the Court will schedule a hearing and notify the Parties. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 9/5/2012. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(atl) (Entered: 09/05/2012)
Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Omar Maroune and Omar Maroune. (Attachments: # 1 Exhibit Omar Sharoune signed consent form)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah) (Entered: 09/04/2012)
Clerks Notice to Filer re 462 Notice of Consent to Join. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. (tp) (Entered: 09/04/2012)
Defendant's MOTION for Leave to File Excess Pages REQUESTING PERMISSION TO FILE TWO SEPARATE SUMMARY JUDGMENT MOTIONS AND TO ENLARGE THE PAGE LIMITS FOR THE INITIAL MEMORANDA OF LAW, THE REPLY AND THE STATEMENT OF MATERIAL FACTS, MOTION for Leave to File by UPS Supply Chain Solutions, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Defendant's MotionREQUESTING PERMISSION TO FILE TWO SEPARATE SUMMARY JUDGMENT MOTIONS AND TO ENLARGE THE PAGE LIMITS FOR THE INITIAL MEMORANDA OF LAW, THE REPLY AND)(Cartwright, Kelly-Ann) (Entered: 08/31/2012)
NOTICE OF CONSENT TO JOIN as party plaintiff by Noah Scott Warman on behalf of Omar Maroune (Attachments: # 1 Exhibit Omar Sharoune signed consent form)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah) (Entered: 08/31/2012)
NOTICE OF CONSENT TO JOIN as party plaintiff by Noah Scott Warman on behalf of Joseph Alexis (Attachments: # 1 Exhibit Joseph Alexis - consent form)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah) (Entered: 08/28/2012)
Notice of Supplemental Authority In Opposition to Defendant's Motion for Decertification of Conditional Class [DE #419] by Ernesto Carrera (Attachments: # 1 Scovil v. FedEx Ground Package System, Inc.)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Murthy, Angeli) (Entered: 08/22/2012)
ORDER granting in part and denying in part Defendant's 455 457 Unopposed Motions to Extend Dispositive Motion Deadline. The deadline for filing dispositive motions is hereby extended until October 4, 2012. All other pretrial deadlines shall remain in full force and effect. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/17/2012. (atl) (Entered: 08/17/2012)
Unopposed MOTION for Extension of Time Extend dispositive motion deadline by UPS Supply Chain Solutions, Inc.. Responses due by 9/4/2012 (Attachments: # 1 Text of Proposed Order Proposed Order)(Cartwright, Kelly-Ann) (Entered: 08/16/2012)
NOTICE OF CONSENT TO JOIN as party plaintiff by Noah Scott Warman on behalf of Victor Matson, Kevin Conroy (Attachments: # 1 Exhibit Victor Matson signed consent form, # 2 Exhibit Kevin Conroy signed consent form)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah) (Entered: 08/10/2012)
Defendant's MOTION for Extension of Time to extend deadline to file dispositive motions by UPS Supply Chain Solutions, Inc.. Responses due by 8/13/2012 (Cartwright, Kelly-Ann) (Entered: 07/26/2012)
ORDER denying 453 Joint Motion to Extend Mediation Deadline. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/17/2012. (atl) (Entered: 07/17/2012)
Joint MOTION for Extension of Time Extend Mediation Deadline ( Responses due by 8/2/2012), MOTION for Extension of Time to Mediate by UPS Supply Chain Solutions, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Joint Motion to Extend Mediation Deadline)(Cartwright, Kelly-Ann) (Entered: 07/16/2012)
REPLY to Response to Motion re (179 in 1:11-cv-22332-JAL, 432 in 0:10-cv-60263-JAL) MOTION for Extension of Time to Complete Discovery REOPEN DISCOVERY FOR LIMITED PURPOSE OF REQUIRING PLAINTIFFS TO RESPOND TO UPS'S WRITTEN DISCOVERY REQUESTS filed by UPS Supply Chain Solutions, Inc.. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Royal, Erika) (Entered: 06/13/2012)
REPLY to Response to Motion re (419 in 0:10-cv-60263-JAL, 170 in 1:11-cv-22332-JAL) MOTION for Decertification of Conditional Class filed by UPS Supply Chain Solutions, Inc.. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Royal, Erika) (Entered: 06/11/2012)
NOTICE OF UNAVAILABILITY by UPS Supply Chain Solutions, Inc. for dates of July 5, 2012 through July 16, 2012 (Cartwright, Kelly-Ann) (Entered: 06/11/2012)
Clerks Notice to Filer re 445 Response/Reply (Other),,. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ral) (Entered: 06/11/2012)
RESPONSE/REPLY in Opposition to Defendant's 432 Motion to Reopen Discovery by Ernesto Carrera. (Attachments: # 1 Exhibit A-Declaration of Jennifer Keating, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit B-Declaration of Stacey Schulman, # 8 Exhibit C-Declaration of David Pogrel)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Schulman, Stacey) Modified on 6/11/2012 by creating linkage to DE 432 and modified text to reflect same (ral). (Entered: 06/08/2012)
NOTICE OF UNAVAILABILITY by UPS Supply Chain Solutions, Inc. for dates of August 6-10, 2012 Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Royal, Erika) (Entered: 06/06/2012)
ORDER granting Plaintiffs' 442 Unopposed Motion for Leave to File Excess Pages in Reply in Support of Motion for Class Certification. Plaintiffs' reply shall not exceed 15 pages. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/6/2012. (atl) (Entered: 06/06/2012)
Unopposed MOTION for Leave to File Excess Pages For Its Reply In Support Of Its Motion For Class Certification by Ernesto Carrera. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Schulman, Stacey) (Entered: 06/05/2012)
ORDER granting Defendant's 440 Motion for Leave to File Excess Pages in Reply in Support of Motion to Decertify Class. Defendant's Reply shall not exceed 15 pages. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/4/2012. (atl) (Entered: 06/04/2012)
Defendant's MOTION for Leave to File Excess Pages for It's Reply in Support of Its Motion to Decertify Class by UPS Supply Chain Solutions, Inc.. (Attachments: # 1 Text of Proposed Order)(Cartwright, Kelly-Ann) (Entered: 06/01/2012)
MOTION for Extension of Time to Complete Discovery REOPEN DISCOVERY FOR LIMITED PURPOSE OF REQUIRING PLAINTIFFS TO RESPOND TO UPS'S WRITTEN DISCOVERY REQUESTS by UPS Supply Chain Solutions, Inc.. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Royal, Erika) (Entered: 05/23/2012)
Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 5/18/2012. (Digital 14:03:40) (cg1) (Entered: 05/18/2012)
ORDER granting Defendant's Unopposed 428 Motion for Clarification of this Court's 391 Scheduling Order of December 5, 2011. The Scheduling Order is hereby clarified as follows: class certification and liability issues are bifurcated from the issue of liability, and a schedule for damages discovery and damages expert disclosure shall be set following resolution of the class certification and liability issues. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/15/2012. (atl) (Entered: 05/15/2012)
NOTICE OF CONSENT TO JOIN as party plaintiff by Noah Scott Warman on behalf of Paul Nazarov Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah) (Entered: 05/08/2012)
ORDER granting 425 Agreed Motion for Extension of Time to File Opposition Briefs on Class Certification/Decertification. Parties shall file their opposition briefs no later than May 29, 2012. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/8/2012. (atl) (Entered: 05/08/2012)
Agreed MOTION for Extension of Time to file Opposition Brief (One Day Extension) by Ernesto Carrera. Responses due by 5/24/2012 Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Schulman, Stacey) (Entered: 05/07/2012)
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 5/18/2012 02:00 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Attachments: # 1 Exhibit A Discovery, # 2 Exhibit B Responses)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Royal, Erika) (Entered: 05/04/2012)
MOTION for Hearing re (419 in 0:10-cv-60263-JAL) MOTION for Decertification of Conditional Class Request for Oral Argument by UPS Supply Chain Solutions, Inc.. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Royal, Erika) (Entered: 04/30/2012)
NOTICE by UPS Supply Chain Solutions, Inc. re (419 in 0:10-cv-60263-JAL) MOTION for Decertification of Conditional Class of Filing Declarations (Attachments: # 1 Declaration of L. Cano, # 2 Declaration of A. Jordan, # 3 Declaration of A. Mapp, # 4 Declaration of J. Newman, # 5 Declaration of J. Seguerra (with exhhibits))Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Royal, Erika) (Entered: 04/30/2012)
MOTION for Decertification of Conditional Class by UPS Supply Chain Solutions, Inc.. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Royal, Erika) (Entered: 04/30/2012)
ORDER granting 413 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting 414 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Joan A. Lenard on 04/24/12. (dp) (Entered: 04/24/2012)
ORDER granting in part Defendant's 412 Motion for Enlargement of Page Limit for Motion to Decertify Class. Defendant's Motion to Decertify Class shall not exceed 30 pages. In addition, Plaintiffs' Motion for Class Certification and Defendant's opposition to Plaintiffs' Motion for Class Certification shall not exceed 30 pages. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/23/2012. (atl) (Entered: 04/23/2012)
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Philip C. Monrad. Filing Fee $ 75.00. Receipt # 30370. (ksa) (Entered: 04/23/2012)
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David P. Pogrel. Filing Fee $ 75.00. Receipt # 37370. (ksa) (Entered: 04/23/2012)
Defendant's MOTION for Leave to File Excess Pages to Enlarge page limit for it's Motion to Decertify class by UPS Supply Chain Solutions, Inc.. (Attachments: # 1 Text of Proposed Order)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Cartwright, Kelly-Ann) (Entered: 04/20/2012)
ORDER granting Attorney Lynn Rossman Faris's Unopposed 410 Motion to Withdraw as Counsel for Plaintiffs. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/18/2012. (atl) (Entered: 04/18/2012)
MOTION to Withdraw as Attorney by Lynn Rossman Faris. by Ray Dunakin. Responses due by 5/4/2012 (Attachments: # 1 Text of Proposed Order)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah) (Entered: 04/17/2012)
ORDER denying Plaintiff's 406 Motion for Extension of Time to Exchange Fact Witness Lists. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/13/2012. (atl) (Entered: 04/13/2012)
REPLY to Response to Motion re (165 in 1:11-cv-22332-JAL) Plaintiff's MOTION for Extension of Time to Exchange Fact Witness List and Incorporated Memorandum of Law filed by Ernesto Carrera. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Schulman, Stacey) (Entered: 04/12/2012)
RESPONSE in Opposition re (406 in 0:10-cv-60263-JAL, 165 in 1:11-cv-22332-JAL) Plaintiff's MOTION for Extension of Time to Exchange Fact Witness List and Incorporated Memorandum of Law filed by UPS Supply Chain Solutions, Inc.. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Royal, Erika) (Entered: 04/11/2012)
Plaintiff's MOTION for Extension of Time to Exchange Fact Witness List and Incorporated Memorandum of Law by Ernesto Carrera. Responses due by 4/26/2012 Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Schulman, Stacey) (Entered: 04/09/2012)
ORDER granting 404 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Joan A. Lenard on 3/22/2012. (dp) (Entered: 03/22/2012)
MOTION for Limited Appearance, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings for Joshua L. Lute. Filing Fee $ 75.00. Receipt # 35471. (ksa) (Entered: 03/21/2012)
NOTICE of Attorney Appearance by Angeli Murthy on behalf of Ernesto Carrera, Ray Dunakin Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Murthy, Angeli) (Entered: 02/28/2012)
Notice of Entry of Parties Listed New Filer(s)/Party(s): Joseph O Jacob, Joseph O Jacob, Ross Cohn and Ross Cohn, Joseph O Jacob, Ross Cohn, Ross Cohn and Joseph O Jacob. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah) (Entered: 01/25/2012)
Clerks Notice to Filer re 400 Notice of Consent to Join. Parties Not Added; ERROR - The Filer failed to add all parties indicated on 400 . Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. (asl) (Entered: 01/25/2012)
NOTICE OF CONSENT TO JOIN as party plaintiff by Noah Scott Warman on behalf of Ray Dunakin Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah) (Entered: 01/25/2012)
ORDER Scheduling Mediation before Hunter R. Hughes, III. Mediation Deadline 8/30/2012. Mediation Hearing set for 8/14/2012 09:00 AM. Signed by Judge Joan A. Lenard on 1/3/2012. (dp) (Entered: 01/03/2012)
ORDER granting 395 Parties' Joint Request for Clarification of Court Order Adopting Revised Joint Scheduling Report. The Parties shall abide by the following additional deadlines: Defendant UPS SCS's motion to decertify the class and Plaintiffs' motion for Rule 23 class certification shall be due by April 30, 2012; opposition briefs shall be due by May 28, 2012; and reply briefs shall be due by June 11, 2012. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/22/2011. (mhz) (Entered: 12/22/2011)
NOTICE by Ernesto Carrera of Filing Attached Order Scheduling Mediation (Attachments: # 1 Text of Proposed Order Scheduling Mediation)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Thomas, Christina) (Entered: 12/19/2011)
Joint MOTION for clarification (391 in 0:10-cv-60263-JAL) Scheduling Order,, by Ernesto Carrera. Responses due by 1/6/2012 (Attachments: # 1 Text of Proposed Order)Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Thomas, Christina) (Entered: 12/19/2011)
NOTICE of Hearing: Discovery Hearing set for 12/22/2011 10:00 AM in Miami Division before Magistrate Judge John J. O'Sullivan. (tro) (Entered: 12/08/2011)
Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 12/8/2011. (Digital 15:35:36.) (cg1) (Entered: 12/08/2011)
ORDER REFERRING CASE to Mediation. Mediation Deadline 8/30/2012.. Signed by Judge Joan A. Lenard on 12/5/2011. (Attachments: # 1 Appendix) (dp) (Entered: 12/05/2011)
Order Adopting Revised Joint Scheduling Report, setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures: Pretrial Conference set for 1/14/2013 04:30 PM in Miami Division before Judge Joan A. Lenard. Jury Trial set for 2/11/2013 09:00 AM in Miami Division before Judge Joan A. Lenard. Calendar Call set for 2/6/2013 04:00 PM in Miami Division before Judge Joan A. Lenard. Expert Discovery due by 6/15/2012. Fact Discovery due by 3/30/2012. In Limine Motions due by 12/3/2012. Dispositive Motions due by 9/4/2012. Pretrial Stipulation due by 12/17/2012. Signed by Judge Joan A. Lenard on 12/15/2011. (dp) (Entered: 12/05/2011)
ORDER of Reference of Certain Matters to Magistrate Judge. Signed by Judge Joan A. Lenard on 12/1/2011. Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL (dp) (Entered: 12/01/2011)
CONSENT to Jurisdiction by US Magistrate Judge by Ernesto Carrera Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Thomas, Christina) (Entered: 11/30/2011)
NOTICE of Hearing by ATTORNEY re: Discovery Hearing set for 3:30 p.m. on 12/08/11 before Magistrate Judge O'Sullivan Associated Cases: 0:10-cv-60263-JAL, 1:11-cv-22332-JAL(Warman, Noah) (Entered: 11/28/2011)
ORDER directing the Parties to jointly complete and file a joint scheduling form and consent form as attached to the Court's April 13, 2010, Order 49 , by November 30, 2011. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/21/2011. (mhz) (Entered: 11/21/2011)
ORDER GRANTING Defendant's 353 Motion to Consolidate Cases, CONSOLIDATING Case Nos. 10-60263-CIV-Lenard and 11-22332-CIV-Lenard (the Parties and the Clerk are hereby directed to file all documents under the lower case number, Case No. 10-60263-CIV-Lenard), ADMINISTRATIVELY CLOSING 11-22332-CIV-Lenard, DENYING WITHOUT PREJUDICE the Dunakin Plaintiffs' Motion for Certification as an FLSA Collective Action and for Class Certification, and DENYING AS MOOT Defendant's Motion to Stay and Defendant's Motion to Extend or Reset Pre-Trial Deadlines. Signed by Judge Joan A. Lenard on 11/4/2011. (mhz) Modified text re closed case per chambers on 11/8/2011 (wc). (Entered: 11/04/2011)
NOTICE by Ernesto Carrera re 347 Notice of Consent to Join of withdrawal of Consent to Join of Roberta Sue Green (Attachments: # 1 Exhibit 1)(Celler, Richard) (Entered: 09/27/2011)
ORDER notice that the parties were unable to reach a settlement at the 9/22/2011 settlement conference. Signed by Magistrate Judge John J. O'Sullivan on 9/22/2011. (mkr) (Entered: 09/22/2011)
Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Settlement Conference held on 9/22/2011. Impasse reached. (Digital N/A) (cg1) (Entered: 09/22/2011)
NOTICE by Ernesto Carrera re 363 Notice of Consent to Join of Withdrawal of Consent to Join of Anthony Mensah[D.E.363]filed on July 20, 2011 (Attachments: # 1 Exhibit 1)(Celler, Richard) (Entered: 09/12/2011)
ORDER, ( Settlement Conference set for 9/22/2011 10:00 AM in Miami Division before Magistrate Judge John J. O'Sullivan.). Signed by Magistrate Judge John J. O'Sullivan on 8/29/2011. (mms) (Entered: 08/29/2011)
REPLY in Support of 355 MOTION to Consolidate Cases and Incorporated Memorandum of Law filed by UPS Supply Chain Solutions, Inc.. (Cartwright, Kelly-Ann) Modified text on 8/1/2011 (asl). (Entered: 08/01/2011)
Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Status Conference held on 7/22/2011. (Digital 14:05:57.) (br) (Entered: 07/22/2011)
MOTION to Consolidate Cases and Incorporated Memorandum of Law by UPS Supply Chain Solutions, Inc.. Responses due by 8/1/2011 (Attachments: # 1 Exhibit "A" Order)(Royal, Erika) (Entered: 07/14/2011)
NOTICE OF CONSENT TO JOIN as party plaintiff by Richard Bernard Celler on behalf of Udelky Torres, Udelky E Torres (Celler, Richard) (Entered: 07/12/2011)
ORDER Setting Status Conference: Status Conference set for 7/22/2011 02:00 PM in Miami Division before Magistrate Judge John J. O'Sullivan. Signed by Magistrate Judge John J. O'Sullivan on 7/8/2011. (mms) (Entered: 07/08/2011)
MOTION for clarification 206 Order on Motion for Miscellaneous Relief by UPS Supply Chain Solutions, Inc.. Responses due by 7/5/2011 (Royal, Erika) (Entered: 06/17/2011)
NOTICE by Ernesto Carrera re 190 Notice of Consent to Join of Withdrawl of Consent to Join of Plaintiff Mark Turner (Celler, Richard) (Entered: 06/14/2011)
NOTICE OF CONSENT TO JOIN as party plaintiff by Richard Bernard Celler on behalf of Solomon Nyassi (Attachments: # 1 Consent to Join - Nyassi)(Celler, Richard) (Entered: 05/31/2011)
Clerks Notice to Filer re 235 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (asl) (Entered: 05/31/2011)
ORDER granting in part and denying in part 177 Motion for Representative Discovery. Signed by Magistrate Judge John J. O'Sullivan on 5/17/2011. (tro) (Entered: 05/17/2011)
NOTICE of Compliance with the Court's March 31, 2011 Order by UPS Supply Chain Solutions, Inc. re 169 Order Adopting Report and Recommendations, Order on Motion for Miscellaneous Relief, Order on Motion to Continue, Order on Motion for Extension of Time, Order on Motion for Hearing, Order on Motion to Certify Class,,,,,, (Royal, Erika) (Entered: 05/13/2011)
ORDER Authorizing Notice and Consent to Join Forms. Signed by Judge Joan A. Lenard on 5/11/2011. (Attachments: # 1 Exhibit Notice, # 2 Exhibit Consent) (mhz) (Entered: 05/11/2011)
MEMORANDUM in Support re 177 Plaintiff's MOTION Representative Discovery and Incorporated Memorandum of Law by Ernesto Carrera. (Schulman, Stacey) Modified text on 5/10/2011 (asl). (Entered: 05/09/2011)
RESPONSE in Opposition re 177 Plaintiff's MOTION Representative Discovery and Incorporated memorandum of law filed by UPS Supply Chain Solutions, Inc.. (Cartwright, Kelly-Ann) (Entered: 05/02/2011)
ORDER DENYING WITHOUT PREJUDICE 197 Plaintiff's Request for Oral Argument. In accordance with L.R. 7.1(B), if the Court deems a hearing appropriate in evaluating a matter, the Court will schedule a hearing and notify the Parties. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/2/2011. (mhz) (Entered: 05/02/2011)
RESPONSE in Opposition re 197 Plaintiff's MOTION for Hearing Request for Oral Argument on Plaintiff's Memorandum of Law in Support of Excluding Language from Defendant's Proposed Notice and Allow Posting of the Notice at Each of Defendant's Branch Locations filed by UPS Supply Chain Solutions, Inc.. (Royal, Erika) (Entered: 04/29/2011)
Plaintiff's MOTION for Hearing Request for Oral Argument on Plaintiff's Memorandum of Law in Support of Excluding Language from Defendant's Proposed Notice and Allow Posting of the Notice at Each of Defendant's Branch Locations by Ernesto Carrera. (Thomas, Christina) (Entered: 04/29/2011)
ORDER granting 194 Defendant's Unopposed Motion for Extension of Time to Comply with Court's Order 169 . Defendant has until May 13, 2011, to provide the list of potential opt-in plaintiffs in accordance with the Court's March 31, 2011, Order. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/29/2011. (mhz) (Entered: 04/29/2011)
Unopposed MOTION for Extension of Time to comply with court order and Supporting Memorandum of Law re 169 Order Adopting Report and Recommendations, Order on Motion for Miscellaneous Relief, Order on Motion to Continue, Order on Motion for Extension of Time, Order on Motion for Hearing, Order on Motion to Certify Class,,,,,, by UPS Supply Chain Solutions, Inc.. Responses due by 5/16/2011 (Attachments: # 1 Text of Proposed Order)(Royal, Erika) Modified text on 4/29/2011 (asl). (Entered: 04/28/2011)
Clerks Notice to Filer re 191 Defendant's MOTION Memo of law in support os language in defendant's proposed notice and concsent form, objections to plaintiff's proposed notice and consent form and in opposition to plaintiff's request to allow posting of a notice. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 192 . It is not necessary to refile this document. (asl) (Entered: 04/26/2011)
MEMORANDUM of Law in Support of Language in Proposed Notice and Consent Form, Objections to Proposed Notice and Consent Form and in Opposition to Request to Allow Posting of Notice at Branch Locations; re 180 Notice (Other), Notice (Other), 181 Memorandum, 183 Notice (Other) by UPS Supply Chain Solutions, Inc. See 191 for image. (asl) (Entered: 04/26/2011)
Defendant's MOTION Memo of law in support os language in defendant's proposed notice and concsent form, objections to plaintiff's proposed notice and consent form and in opposition to plaintiff's request to allow posting of a notice at defendant's branch locations by UPS Supply Chain Solutions, Inc.. (Attachments: # 1 Exhibit A)(Cartwright, Kelly-Ann) Modified to re-docket, see 192 on 4/26/2011 (asl). (Entered: 04/25/2011)
NOTICE by UPS Supply Chain Solutions, Inc. of Filing REVISED Proposed Notice of Litigation (Attachments: # 1 (Revised) proposed Notice of Litigation)(Royal, Erika) (Entered: 04/18/2011)
ORDER that settlement conference will be set after the number of plaintiffs in the class is set. Signed by Magistrate Judge John J. O'Sullivan on 4/18/2011. (mms) (Entered: 04/18/2011)
ORDER granting in part 158 Motion to Compel; granting in part 163 Motion to Compel; granting in part 182 Motion to Compel. Signed by Magistrate Judge John J. O'Sullivan on 4/18/2011. (mms) (Entered: 04/18/2011)
Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Status Conference held on 4/15/2011. (Digital 10:26:01.) (cg1) (Entered: 04/15/2011)
Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge John J. O'Sullivan. Magistrate Judge John J. O'Sullivan no longer assigned to case. Motions referred to John J. O'Sullivan. (vp) (Entered: 04/15/2011)
Plaintiff's MOTION to Compel Better Responses to Plaintiffs' First Sets of Interrogatories, First Requests for Admission, and First Requests for Production and Supporting Memorandum of Law by Ernesto Carrera. Responses due by 5/2/2011 (Thomas, Christina) Modified text on 4/15/2011 (asl). (Entered: 04/14/2011)
MEMORANDUM of Law in Support of Excluding Language from Defendant's Proposed Notice and to Allow Posting of the Notice at Each of Defendant's Branch Locations by Ernesto Carrera. (Celler, Richard) Modified text on 4/15/2011 (asl). (Entered: 04/14/2011)
NOTICE by UPS Supply Chain Solutions, Inc. re 169 Order Adopting Report and Recommendations, Order on Motion for Miscellaneous Relief, Order on Motion to Continue, Order on Motion for Extension of Time, Order on Motion for Hearing, Order on Motion to Certify Class,,,,,, of Filing in Compliance with Court's March 31, 2011 Order (Attachments: # 1 proposed Notice of Litigation, # 2 proposed Consent)(Royal, Erika) (Entered: 04/14/2011)
Revised Joint SCHEDULING REPORT - Rule 26(f) by Ernesto Carrera, UPS Supply Chain Solutions, Inc. (Attachments: # 1 Text of Proposed Order Joint Scheduling Form)(Royal, Erika) Modified text on 4/15/2011 (asl). (Entered: 04/14/2011)
NOTICE by Ernesto Carrera of Filing Plaintiff's Proposed Notice and Consent to Join (Attachments: # 1 Exhibit A)(Celler, Richard) (Entered: 04/14/2011)
Plaintiff's MOTION Representative Discovery and Incorporated Memorandum of Law by Ernesto Carrera. (Attachments: # 1 Text of Proposed Order)(Celler, Richard) Modified text on 4/14/2011 (asl). (Entered: 04/14/2011)
RESPONSE to Motion re 158 MOTION to Compel Better Responses to Interrogatories and Requests for Admissions filed by Ernesto Carrera. Replies due by 4/25/2011. (Attachments: # 1 Exhibit A)(Thomas, Christina) (Entered: 04/13/2011)
RESPONSE to Motion re 163 MOTION to Compel Better Responses to First Request for Production filed by Ernesto Carrera. Replies due by 4/25/2011. (Attachments: # 1 Exhibit A)(Thomas, Christina) (Entered: 04/13/2011)
ORDER granting 158 Motion for Enlargement of time to respond to Motion Compel; granting 163 Motion for Enlargement of time to respond to Motion to Compel. Signed by Magistrate Judge John J. O'Sullivan on 4/7/2011. (tro) (Entered: 04/07/2011)
Unopposed MOTION for Extension of Time to File Response/Reply as to 163 MOTION to Compel Better Responses to First Request for Production, 158 MOTION to Compel Better Responses to Interrogatories and Requests for Admissions by Ernesto Carrera. (Attachments: # 1 Text of Proposed Order)(Thomas, Christina) (Entered: 04/07/2011)
NOTICE by UPS Supply Chain Solutions, Inc. re 159 MOTION for Protective Order of Withdrawal of MOTION FOR PROTECTIVE ORDER AND OBJECTIONS TO NOTICE OF TAKING DEPOSITION DUCES TECUM BY UPS SUPPLY CHAIN SOLUTIONS, INC (Cartwright, Kelly-Ann) (Entered: 04/06/2011)
ORDER Setting Status Conference: Status Conference regarding a settlement conference is set for 4/15/2011 10:30 AM in Miami Division before Magistrate Judge John J. O'Sullivan. Signed by Magistrate Judge John J. O'Sullivan on 4/6/2011. (mms) (Entered: 04/06/2011)
ORDER REFERRING CASE to Magistrate Judge John J. O'Sullivan for Initial Settlement Conference. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/5/2011. (mhz) (Entered: 04/05/2011)
ORDER ADOPTING IN PART 127 Report and Recommendation of Magistrate Judge, GRANTING 33 Plaintiff's Motion for Conditional Certification of FLSA Collective Action, GRANTING 138 Dunakin Plaintiffs' Request for Judicial Notice, GRANTING 160 Plaintiff's Motion to Extend Deadlines, and DENYING AS MOOT 150 Defendant's Motion to Continue and 164 Defendant's Motion for Status Conference. Signed by Judge Joan A. Lenard on 3/31/2011. (mhz) (Entered: 03/31/2011)
Clerks Notice to Filer re 165 Response/Reply (Other), 159 MOTION for Protective Order. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (asl) (Entered: 03/25/2011)
Objections to Notice of Taking Deposition Duces Tecum of Corporated Representative by UPS Supply Chain Solutions, Inc. See 159 for image. (asl) (Entered: 03/25/2011)
MOTION to Compel Better Responses to First Request for Production by UPS Supply Chain Solutions, Inc.. Responses due by 4/11/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Royal, Erika) (Entered: 03/24/2011)
NOTICE of Striking 161 MOTION to Strike 157 MOTION to Compel Better Responses to First Request for Production filed by UPS Supply Chain Solutions, Inc., 157 MOTION to Compel Better Responses to First Request for Production filed by UPS Supply Chain Solutions, Inc. by UPS Supply Chain Solutions, Inc. (Royal, Erika) (Entered: 03/24/2011)
MOTION to Strike 157 MOTION to Compel Better Responses to First Request for Production by UPS Supply Chain Solutions, Inc.. Responses due by 4/11/2011 (Royal, Erika) (Entered: 03/24/2011)
Unopposed MOTION for Extension of Time to extend the Discovery Deadline and all remaining Pretrial and Trial Deadlines by Ernesto Carrera. Responses due by 4/11/2011 (Attachments: # 1 Text of Proposed Order)(Celler, Richard) Modified text on 3/25/2011 (asl). (Entered: 03/24/2011)
MOTION to Compel Better Responses to First Request for Production by UPS Supply Chain Solutions, Inc.. Responses due by 4/11/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Royal, Erika) (Entered: 03/24/2011)
Unopposed MOTION for Protective Order (stipulated) by UPS Supply Chain Solutions, Inc.. (Attachments: # 1 Text of Proposed Order)(Royal, Erika) (Entered: 03/23/2011)
Notice of Supplemental Authority in Support of Their Arguments in Favor of 33 Plaintiff's MOTION to Certify Class and Objections to Report and Recommendation Dated July 6, 2010 by Ernesto Carrera (Levi, Nanette) Modified text on 1/19/2011 (asl). (Entered: 01/18/2011)
RESPONSE to Motion re 150 Motion to Extend Trial and Pretrial Deadlines filed by Ernesto Carrera, Christopher Stevenson. Replies due by 1/18/2011. (Levi, Nanette) Modified to add filer on 1/7/2011 (asl). (Entered: 01/06/2011)
SUPPLEMENT Notice of SUpplemental Authority in support of its arguments in opposition to plaintiff's motion for conditional certfication and in support of UPS's objections to magistrate judge's report and recommendation dated July 6, 2010 by UPS Supply Chain Solutions, Inc. (Attachments: # 1 Exhibit A)(Cartwright, Kelly-Ann) (Entered: 01/05/2011)
Defendant's MOTION Extend Trial and Pretrial Deadlines re 145 Order on Motion for Miscellaneous Relief,, by UPS Supply Chain Solutions, Inc.. (Royal, Erika) Modified relief on 1/3/2011 (asl). (Entered: 12/30/2010)
ORDER Rescheduling Initial Mediation before James Brown. Initial Mediation Deadline 1/17/2011. Initial Mediation Hearing set for 1/13/2011 10:00 AM. Signed by Judge Joan A. Lenard on 09/03/10. (dp) (Entered: 09/03/2010)
NOTICE by Ernesto Carrera of Filing Amended Notice of Mediation and Order Scheduling Mediation (Attachments: # 1 Amended Notice of Mediation, # 2 Text of Proposed Order Amended Order Scheduling Mediation)(Levi, Nanette) (Entered: 09/01/2010)
Notice of Mediation Hearing before Mediator, James Brown filed by Ernesto Carrera. Mediation Hearing set for 1/13/2011 10:00 AM (Attachments: # 1 Text of Proposed Order)(Levi, Nanette) (Entered: 09/01/2010)
ORDER TO SHOW CAUSE. On May 27, 2010, the Court issued an Order (D.E. 103) granting Plaintiffs' unopposed motion to continue initial mediation. Plaintiffs' counsel was directed to file a proposed order rescheduling initial mediation within fifteen days of the JPML's ruling on the pending motion to transfer. As of the date of this Order, Plaintiffs' counsel has not submitted a proposed order rescheduling initial mediation. Accordingly, Plaintiffs' counsel has until September 13, 2010, to file a proposed order rescheduling initial mediation to occur on or before January 17, 2011, or show cause why this case should not be dismissed for failure to comply. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/30/2010. (mhz) (Entered: 08/30/2010)
ORDER granting in part 144 Joint Motion to Extend Certain Pretrial Deadlines. It is ORDERED AND ADJUDGED that the deadlines for joinder of parties, amendment of pleadings, and addition of opt-in plaintiff(s) is extended until thirty (30) days following the issuance of Court-approved notice to putative plaintiffs, if any. It is further ORDERED AND ADJUDGED that the Parties shall have until January 3, 2011, to exchange witness lists. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/30/2010. (mhz) (Entered: 08/30/2010)
Joint MOTION to Extend Certain Pre-trial Deadlines by UPS Supply Chain Solutions, Inc.. (Attachments: # 1 Text of Proposed Order)(Cartwright, Kelly-Ann) (Entered: 08/27/2010)
ORDER denying as moot 133 Plaintiffs' Motion to Continue Discovery, Pre-trial, and Trial Deadlines, as the Judicial Panel on Multidistrict Litigation has since denied MDL transfer. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/23/2010. (mhz) (Entered: 08/23/2010)
Courtesy Copy of MDL ORDER DENYING TRANSFER (Signed by John G. Heyburn II, Chairman of the Panel). re: MDL Case Number 2175. (gp) (Entered: 08/06/2010)
Order Vacating 139 ORDER Referring Dunakin Plaintiffs' Request for Judicial Notice to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/5/2010. (mhz) (Entered: 08/05/2010)
ORDER REFERRING 138 Dunakin Plaintiffs' Request for Judicial Notice to Magistrate Judge William C. Turnoff. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/2/2010. (mhz) (Entered: 08/02/2010)
NOTICE by Ernesto Carrera, Christopher Stevenson of Filing Supplemental Information in Support of Objections to Report and Recommendations dated July 6, 2010 (Attachments: # 1 Supplement)(Levi, Nanette) (Entered: 07/27/2010)
NOTICE by Ernesto Carrera of Filing Supplemental Information in Support of Objections to Report and Recommendations dated July 6, 2010 (Attachments: # 1 Supplement)(Levi, Nanette) (Entered: 07/27/2010)
NOTICE by UPS Supply Chain Solutions, Inc. of filing courtesy copy of Supplemental Memorandum of Law in Support of UPS's Motion to Transfer Action to the Southern District of Florida for Coordinated or Consolidated Pre-Trial Proceedings pursuant to 28 U.S.C 1407 (Cartwright, Kelly-Ann) (Entered: 07/26/2010)
Unopposed MOTION to Continue Discovery, Pretrial Deadlines and Trial Deadlines by Ernesto Carrera. Responses due by 8/9/2010 (Levi, Nanette) (Entered: 07/23/2010)
NOTICE OF CONSENT TO JOIN as party plaintiff by Nanette Lopez-Lima Levi on behalf of Abu Bah (Attachments: # 1 Consent to Join-Abu Bah)(Levi, Nanette) (Entered: 07/22/2010)
Clerks Notice to Filer re 128 Notice (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 07/08/2010)
NOTICE of Withdrawal re 84 NOTICE OF CONSENT TO JOIN by Ernesto Carrera (Levi, Nanette) Modified on 7/8/2010 (ls). [Added relationship to DE #84] (Entered: 07/06/2010)
REPORT AND RECOMMENDATIONS re 33 . Objections to R&R due by 7/19/2010. Signed by Magistrate Judge William C. Turnoff on 7/2/2010. (lbc) (Entered: 07/06/2010)
Clerks Notice to Filer re 124 Notice (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 06/30/2010)
Clerks Notice to Filer re 123 Notice of Supplemental Authority. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 06/30/2010)
Notice of Supplemental Authority 33 MOTION to Certify Class by Ernesto Carrera (Attachments: # 1 Exhibit A)(Celler, Richard) Modified on 6/30/2010 (ls). [Added relationship to DE #33] (Entered: 06/28/2010)
NOTICE OF CONSENT TO JOIN as party plaintiff by Nanette Lopez-Lima Levi on behalf of Seif Madkour (Attachments: # 1 Consent to Join-Seif Madkour)(Levi, Nanette) (Entered: 06/17/2010)
NOTICE OF CONSENT TO JOIN as party plaintiff by Nanette Lopez-Lima Levi on behalf of Magdi Abdalla (Attachments: # 1 Consent to Join-Magdi Abdalla, # 2 Affidavit of Magdi Abdalla)(Levi, Nanette) (Entered: 06/16/2010)
TRANSCRIPT of Plaintiff's Motion To Certify Class held on 06/02/2010 before Magistrate Judge William C. Turnoff, 1-28 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2010. Redacted Transcript Deadline set for 7/13/2010. Release of Transcript Restriction set for 9/10/2010. (Attachments: # 1 Designation Access Form)(amb) (Entered: 06/10/2010)
NOTICE OF CONSENT TO JOIN as party plaintiff by Nanette Lopez-Lima Levi on behalf of Mohammed Chadli (Attachments: # 1 Consent to Join-Mohammed Chadli, # 2 Affidavit of Mohammed Chadli)(Levi, Nanette) (Entered: 06/08/2010)
NOTICE OF CONSENT TO JOIN as party plaintiff by Nanette Lopez-Lima Levi on behalf of Aissa Benaffane (Attachments: # 1 Consent to Join-Aissa Benaffane, # 2 Affidavit of Aissa Benaffane)(Levi, Nanette) (Entered: 06/07/2010)
Minute Entry for proceedings held before Magistrate Judge William C. Turnoff: Motion Hearing held on 6/2/2010 re 33 Plaintiff's MOTION to Certify Class filed by Ernesto Carrera. Appearances entered by Richard B. Celler, Esq. and Nanette Lopez-Lima Levi, Esq. on behalf of Plaintiffs Carrera, et al. Appearances entered by Kelly-Ann Gibbs Cartwright, Esq. and Josh Bosin, Esq. on behalf of Defendant UPS Supply Chain Solutions, Inc. Oral Arguments heard. Court reserves ruling and shall issue Report and Recommendation. (Digital 14:02:30.) (Tape #10G-38-0.) (Entered: 06/02/2010)
NOTICE OF CONSENT TO JOIN as party plaintiff by Nanette Lopez-Lima Levi on behalf of Juana Vargas (Attachments: # 1 Consent to Join, # 2 Exhibit A- Affidavit of Juana Vargas)(Levi, Nanette) (Entered: 06/02/2010)
NOTICE OF CONSENT TO JOIN as party plaintiff by Nanette Lopez-Lima Levi on behalf of Mabel Mireku (Attachments: # 1 Consent to Join, # 2 Exhibit A- Affidavit of Mabel Mireku)(Levi, Nanette) (Entered: 06/01/2010)
NOTICE OF CONSENT TO JOIN as party plaintiff by Nanette Lopez-Lima Levi on behalf of Johnny Hagan (Attachments: # 1 Consent to Join, # 2 Exhibit A - Affidavit of Johnny Hagan)(Levi, Nanette) (Entered: 06/01/2010)
NOTICE OF CONSENT TO JOIN as party plaintiff by Nanette Lopez-Lima Levi on behalf of Valentine Yankson (Attachments: # 1 Consent to Join, # 2 Exhibit A- Affidavit of Valentine Yankson)(Levi, Nanette) (Entered: 06/01/2010)
RESPONSE in Opposition re 104 MOTION for Leave to Appear Telephonic filed by UPS Supply Chain Solutions, Inc.. (Cartwright, Kelly-Ann) (Entered: 05/28/2010)
NOTICE OF CONSENT TO JOIN as party plaintiff by Nanette Lopez-Lima Levi on behalf of Ricardo Carmona (Attachments: # 1 Consent to Join-Ricardo Carmona, # 2 Affidavit of Ricardo Carmona)(Levi, Nanette) (Entered: 05/28/2010)
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