ORDER Approving FLSA Settlement and Closing Case. It is hereby ORDERED and ADJUDGED that the Parties' settlement agreement is fair and reasonable, the Undersigned GRANTS the Parties' joint motion for settlement approval and the settlement is APPROVED 56 . The Undersigned GRANTS Defendant Claudia Toquica's motion to set aside the default 20 and GRANTS Plaintiffs' motion to dismiss Opt-In Plaintiff Maria C. Giraldo without prejudice 47 . Otherwise, this action is DISMISSED WITH PREJUDICE. The Court reserves jurisdiction to enforce the terms of the Parties' settlement. The Clerk is directed to CLOSE THIS CASE and deny all pending motions as moot. Signed by Magistrate Judge Jonathan Goodman on 5/8/2017. (jf00) (Entered: 05/08/2017)
NOTICE OF WITHDRAWAL OF MOTION by Juan Mayor re 39 MOTION to Certify Class CONDITIONAL CERTIFICATION OF REPRESENTATIVE CLASS AND TO PERMIT COURT-SUPERVISED NOTIFICATION PURSUANT TO 29 U.S.C. ยง 216(b) filed by Juan Mayor, Enrique Rubi, Alexander Urrea, Filippo Molina, Rodolfo Roman, Victor F. Pereyra, Jorge Molina (Rivera-Ortiz, Andres) (Entered: 05/03/2017)
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Fairness Hearing held on 5/3/2017. Total time in court: 15 minutes. Attorney Appearance(s): Andres Rivera-Ortiz, Vanessa Patel, Ignacio J. Garcia, (Digital 14:31:01) (mso) (Entered: 05/03/2017)
NOTICE by Power Design, Inc. re 56 Joint MOTION for Settlement Approval (FLSA) of Filing Defendant Power Design, Inc.'s Signature Page to Settlement Agreement (Attachments: # 1 Exhibit - Defendant Power Design, Inc.'s signature page to Settlement Agreement) (Garcia, Ignacio) (Entered: 05/03/2017)
Joint MOTION for Settlement Approval (FLSA) by Juan Mayor. Responses due by 5/15/2017 (Attachments: # 1 Exhibit 1)(Rivera-Ortiz, Andres) (Entered: 05/01/2017)
NOTICE of Compliance by Plaintiffs by Juan Mayor re 54 Order on Motion for Miscellaneous Relief,,, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rivera-Ortiz, Andres) (Entered: 04/18/2017)
ENDORSED ORDER granting 53 the parties' joint motion to continue the fairness hearing. The fairness hearing is reset to May 3, 2017 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Plaintiffs are required to file the retainer agreement and their attorney's billing and cost records at least three days before the hearing. Plaintiffs' counsel should be prepared to discuss at the hearing the amount of costs and how the settlement proceeds will be divided between Plaintiffs and their 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 4/14/2017. (jf00) (Entered: 04/14/2017)
Joint MOTION to Reschedule Fairness Hearing re 52 Endorsed Order, Set/Reset Hearings,,,,,, by Power Design, Inc.. (Patel, Vanessa) (Entered: 04/14/2017)
ENDORSED ORDER scheduling a Telephonic Fairness Hearing for April 18, 2017 at 3:15 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Plaintiffs are required to file the retainer agreement and their attorney's billing and cost records at least three days before the hearing. Plaintiffs' counsel should be prepared to discuss at the hearing the amount of costs and how the settlement proceeds will be divided between Plaintiffs and their 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 4/12/2017. (jf00) (Entered: 04/12/2017)
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Consent Matters. Judge Jose E. Martinez no longer assigned as presider/referral judge(s) in case. Signed by Judge Jose E. Martinez on 4/12/2017. (mc) (Entered: 04/12/2017)
Civil Case Terminated. Closing Case. (See DE# 61 .) (wc) 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.
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 4/10/2017. Settlement Conference temporarily adjourned. The parties will continue settlement discussions among themselves with Magistrate Judge Goodman's assistance. (Digital 09:30:00) (mso) (Entered: 04/11/2017)
MOTION to Dismiss 26 Notice of Consent to Join by Maria C Giraldo. Attorney Andres Rivera-Ortiz added to party Maria C Giraldo(pty:pla). Responses due by 4/20/2017 (Rivera-Ortiz, Andres) (Entered: 04/06/2017)
ENDORSED ORDER granting 45 Plaintiffs' and Defendant/Cross-Plaintiff's Motion to Bring Electronic Equipment into the courtroom for the April 10, 2017 Settlement Agreement. Signed by Magistrate Judge Jonathan Goodman on 4/6/2017. (jf00) (Entered: 04/06/2017)
Joint MOTION to Bring Electronic Equipment into the courtroom to the Settlement Conference by Power Design, Inc.. Responses due by 4/20/2017 (Patel, Vanessa) (Entered: 04/06/2017)
ENDORSED ORDER granting 43 . Opt-in Plaintiff Carlos Carrizales is excused from the April 10, 2017 Settlement Conference and his attorneys are allowed to act on his behalf. Signed by Magistrate Judge Jonathan Goodman on 4/1/2017. (jf00) (Entered: 04/01/2017)
Unopposed MOTION Excuse Non-Attendance Settlement Conference re 33 Order, Set/Reset Hearings by Carlos Carrizales. Attorney Andres Rivera-Ortiz added to party Carlos Carrizales(pty:pla). (Attachments: # 1 Exhibit 1)(Rivera-Ortiz, Andres) (Entered: 03/31/2017)
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 39 MOTION to Certify Class CONDITIONAL CERTIFICATION OF REPRESENTATIVE CLASS AND TO PERMIT COURT-SUPERVISED NOTIFICATION PURSUANT TO 29 U.S.C. ยง 216(b) by Power Design, Inc.. (Patel, Vanessa) (Entered: 03/23/2017)
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: A Telephonic Status Conference hearing was held on 3/20/2017. (Digital 14:32:21) (mso) (Entered: 03/20/2017)
Clerks Notice to Filer. Missing Filer Name(s); ERROR - The filer failed to select all parties indicated on DE # 39 MOTION to Certify Class CONDITIONAL CERTIFICATION OF REPRESENTATIVE CLASS AND TO PERMIT COURT-SUPERVISED NOTIFICATION PURSUANT TO 29 U.S.C. ยง 216(b). The correction was made by the Clerk. It is not necessary to refile this document. (mc) (Entered: 03/13/2017)
MOTION to Certify Class CONDITIONAL CERTIFICATION OF REPRESENTATIVE CLASS AND TO PERMIT COURT-SUPERVISED NOTIFICATION PURSUANT TO 29 U.S.C. ยง 216(b) by Juan Mayor, Victor F. Pereyra, Jorge Molina, Rodolfo Roman, Filippo Molina, Alexander Urrea, Enrique Rubi. Responses due by 3/27/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivera-Ortiz, Andres) Modified filers on 3/13/2017 (mc). (Entered: 03/13/2017)
Attachment 1 MOTION to Certify Class CONDITIONAL CERTIFICATION OF REPRESENTATIVE CLASS AND TO PERMIT COURT-SUPERVISED NOTIFICATION PURSUANT TO 29 U.S.C. ยง 216(b) by Juan Mayor, Victor F. Pereyra, Jorge Molina, Rodolfo Roman, Filippo Molina, Alexander Urrea, Enrique Rubi. Responses due by 3/27/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivera-Ortiz, Andres) Modified filers on 3/13/2017 (mc). (Entered: 03/13/2017)
Attachment 2 MOTION to Certify Class CONDITIONAL CERTIFICATION OF REPRESENTATIVE CLASS AND TO PERMIT COURT-SUPERVISED NOTIFICATION PURSUANT TO 29 U.S.C. ยง 216(b) by Juan Mayor, Victor F. Pereyra, Jorge Molina, Rodolfo Roman, Filippo Molina, Alexander Urrea, Enrique Rubi. Responses due by 3/27/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rivera-Ortiz, Andres) Modified filers on 3/13/2017 (mc). (Entered: 03/13/2017)
*ORDER, ( Telephone Conference set for 3/20/2017 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman.) Signed by Magistrate Judge Jonathan Goodman on 3/10/2017. (mso) (Entered: 03/09/2017)
ENDORSED ORDER granting 36 Defendant Power Design's unopposed motion to reschedule the settlement conference. The March 10, 2017 settlement conference is cancelled. The settlement conference is now reset for April 10, 2017 at 9:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Defendants E&C, Toquica, and Cruz are required to attend the April 10, 2017 settlement conference and their failure to appear could result in a court order requiring them to pay for Plaintiffs' attorney's fees, transportation costs, and lost wages stemming from the April 10, 2017 settlement conference. Signed by Magistrate Judge Jonathan Goodman on 2/14/2017. (jf00) (Entered: 02/14/2017)
MOTION to reschedule Judicial Settlement Conference re 33 Order, Set/Reset Hearings by Power Design, Inc.. (Attachments: # 1 Exhibit A - Text of proposed order)(Patel, Vanessa) (Entered: 02/14/2017)
Attachment 1 MOTION to reschedule Judicial Settlement Conference re 33 Order, Set/Reset Hearings by Power Design, Inc.. (Attachments: # 1 Exhibit A - Text of proposed order)(Patel, Vanessa) (Entered: 02/14/2017)
Joint SCHEDULING REPORT - Rule 16.1 by Power Design, Inc. (Attachments: # 1 Text for proposed order, # 2 Election to U.S. Magistrate Judge Jurisdiction)(Garcia, Ignacio) (Entered: 02/13/2017)
Attachment 1 Joint SCHEDULING REPORT - Rule 16.1 by Power Design, Inc. (Attachments: # 1 Text for proposed order, # 2 Election to U.S. Magistrate Judge Jurisdiction)(Garcia, Ignacio) (Entered: 02/13/2017)
Attachment 2 Joint SCHEDULING REPORT - Rule 16.1 by Power Design, Inc. (Attachments: # 1 Text for proposed order, # 2 Election to U.S. Magistrate Judge Jurisdiction)(Garcia, Ignacio) (Entered: 02/13/2017)
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for a preliminary status conference. Signed by Judge Jose E. Martinez on 2/8/2017. (mc) (Entered: 02/09/2017)
ORDER setting Settlement Conference for 3/10/2017 at 9:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 2/5/2017. (jf00) (Entered: 02/05/2017)
Paperless ORDER granting 28 Motion for Extension of Time. The parties shall file the Joint Scheduling Report on or before February 13, 2017. Signed by Judge Jose E. Martinez on 1/31/2017. (tde) (Entered: 01/31/2017)
Paperless ORDER granting 25 Unopposed Motion for Permission to Conduct Scheduling Conference by Telephone, E-Mail, and Mail. Signed by Judge Jose E. Martinez on 1/31/2017. (tde) (Entered: 01/31/2017)
Notice of Entry of Parties Listed on 27 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Carlos Carrizales, Maria C Giraldo, Henry Parra, Ulises Valerino, Ricardo Hernandez, Luis M Ortiz, Domingo Rivera, Aquile SIGARRETA, GENOBEBO Galicia, Alexander J Urrea, Eusebio BETANCOURT, Liosbel A Silva, Enrique Rubi, Alberto Dominguez, Jose A Morales and Rolando Cutino Rodriguez. (Saenz, Ruben) (Entered: 01/30/2017)
Joint MOTION for Extension of Time to File Joint Scheduling Report re 8 Order Requiring Joint Scheduling Report by Juan Mayor. Responses due by 2/10/2017 (Attachments: # 1 Text of Proposed Order)(Rivera-Ortiz, Andres) (Entered: 01/27/2017)
Attachment 1 Joint MOTION for Extension of Time to File Joint Scheduling Report re 8 Order Requiring Joint Scheduling Report by Juan Mayor. Responses due by 2/10/2017 (Attachments: # 1 Text of Proposed Order)(Rivera-Ortiz, Andres) (Entered: 01/27/2017)
Clerks Notice to Filer re 26 Notice of Consent to Join. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties/mediator. Filer is instructed to file a Notice of Entry of Parties/Mediator and add the additional parties/mediator. (mc) (Entered: 01/27/2017)
NOTICE OF CONSENT TO JOIN as party plaintiff by Ruben Martin Saenz on behalf of Juan Mayor, Filippo Molina, Jorge Molina, Victor F. Pereyra, Rodolfo Roman, Enrique Rubi, Alexander Urrea (Saenz, Ruben) (Entered: 01/27/2017)
Unopposed MOTION for permission to conduct scheduling conference by telephone, e-mail and mail re 8 Order Requiring Joint Scheduling Report by Power Design, Inc.. (Attachments: # 1 Text of Proposed Order)(Patel, Vanessa) (Entered: 01/26/2017)
Attachment 1 Unopposed MOTION for permission to conduct scheduling conference by telephone, e-mail and mail re 8 Order Requiring Joint Scheduling Report by Power Design, Inc.. (Attachments: # 1 Text of Proposed Order)(Patel, Vanessa) (Entered: 01/26/2017)
NOTICE by Power Design, Inc. re 23 Response/Reply (Other) of Filing Attachment (Attachments: # 1 Exhibit A - Master Installation Team Agreement) (Garcia, Ignacio) (Entered: 01/25/2017)
Attachment 1 NOTICE by Power Design, Inc. re 23 Response/Reply (Other) of Filing Attachment (Attachments: # 1 Exhibit A - Master Installation Team Agreement) (Garcia, Ignacio) (Entered: 01/25/2017)
ANSWER and Affirmative Defenses to Complaint, CROSSCLAIM against Edward Cruz, E & C Alliance Electrical Inc., Claudia Toquica by Power Design, Inc.. (Attachments: # 1 Exhibit 1 - E&C Agreement)(Garcia, Ignacio) (Entered: 01/24/2017)
Attachment 1 ANSWER and Affirmative Defenses to Complaint, CROSSCLAIM against Edward Cruz, E & C Alliance Electrical Inc., Claudia Toquica by Power Design, Inc.. (Attachments: # 1 Exhibit 1 - E&C Agreement)(Garcia, Ignacio) (Entered: 01/24/2017)
Clerks Entry of Default as to E & C Alliance Electrical Inc. f/k/a E & C Allances Svcs Inc., Claudia Toquica, Edward Cruz - Motions Terminated: 18 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 1/17/2017. (mc) (Entered: 01/17/2017)
Plaintiff's MOTION for Clerks Entry of Default as to Claudia Toquia, as to Edward Cruz and as to E & C Alliance Electrical Inc. by Juan Mayor. (Rivera-Ortiz, Andres) (Entered: 01/16/2017)
NOTICE of Attorney Appearance by Andres Rivera-Ortiz on behalf of Juan Mayor. Attorney Andres Rivera-Ortiz added to party Juan Mayor(pty:pla). (Rivera-Ortiz, Andres) (Entered: 01/16/2017)
SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by Alexander Urrea, Jorge Molina, Enrique Rubi, Victor F. Pereyra, Juan Mayor, Rodolfo Roman, Filippo Molina. E & C Alliance Electrical Inc. served on 12/16/2016, answer due 1/6/2017. (Saenz, Ruben) (Entered: 01/13/2017)
Paperless ORDER granting 13 Motion for Extension of Time. Defendant Power Design, Inc. may have through and including January 24, 2017 to file its response to Plaintiffs' Complaint. Signed by Judge Jose E. Martinez on 1/11/2017. (tde) (Entered: 01/11/2017)
NOTICE of Attorney Appearance by Ignacio J. Garcia on behalf of Power Design, Inc.. Attorney Ignacio J. Garcia added to party Power Design, Inc.(pty:dft). (Garcia, Ignacio) (Entered: 01/10/2017)
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Power Design, Inc.. Attorney Vanessa Patel added to party Power Design, Inc.(pty:dft). (Patel, Vanessa) (Entered: 01/10/2017)
Statement of: Claim by Juan Mayor, Filippo Molina, Jorge Molina, Victor F. Pereyra, Rodolfo Roman, Enrique Rubi, Alexander Urrea re 7 Notice of Court Practice, Order Referring Case to Judge (Saenz, Ruben) (Entered: 01/08/2017)
SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by Alexander Urrea, Jorge Molina, Enrique Rubi, Victor F. Pereyra, Juan Mayor, Rodolfo Roman, Filippo Molina. Power Design, Inc. served on 12/19/2016, answer due 1/9/2017. (Saenz, Ruben) (Entered: 01/04/2017)
SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by Alexander Urrea, Jorge Molina, Enrique Rubi, Victor F. Pereyra, Juan Mayor, Rodolfo Roman, Filippo Molina. Edward Cruz served on 12/22/2016, answer due 1/12/2017. (Saenz, Ruben) (Entered: 12/27/2016)
SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by Alexander Urrea, Jorge Molina, Enrique Rubi, Victor F. Pereyra, Juan Mayor, Rodolfo Roman, Filippo Molina. Claudia Toquica served on 12/16/2016, answer due 1/6/2017. (Saenz, Ruben) (Entered: 12/27/2016)
NOTICE OF COURT PRACTICES IN FLSA CASES, ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Settlement Conference. Signed by Judge Jose E. Martinez on 12/21/2016. (mc) (Entered: 12/21/2016)
Notice of NO Pending, Refiled, Related or Similar Actions by Juan Mayor, Filippo Molina, Jorge Molina, Victor F. Pereyra, Rodolfo Roman, Enrique Rubi, Alexander Urrea (Saenz, Ruben) (Entered: 12/16/2016)
Certificate of Interested Parties/Corporate Disclosure Statement by Juan Mayor, Filippo Molina, Jorge Molina, Victor F. Pereyra, Rodolfo Roman, Enrique Rubi, Alexander Urrea (Saenz, Ruben) (Entered: 12/16/2016)
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. (mc) (Entered: 12/14/2016)
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