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Filed: 11/3/2016, Entered: None |
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Set/Reset Hearings Settlement Conference set for 11/21/2016 03:15 PM in Miami Division before Magistrate Judge Jonathan Goodman. (mno)
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| 35 |
Filed: 12/13/2016, Entered: 12/13/2016 |
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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 12/13/2016. (jf00) (Entered: 12/13/2016)
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| 34 |
Filed: 12/13/2016, Entered: 12/13/2016 |
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Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Fairness Hearing held on 12/13/2016. (Digital 09:30:13) (mso) (Entered: 12/13/2016)
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| 33 |
Filed: 12/9/2016, Entered: 12/9/2016 |
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NOTICE by Luis Milian re 32 Endorsed Order, Set/Reset Hearings,,,,,, (Attachments: # 1 Exhibit A- Retainer Agreement, # 2 Exhibit B- Billing Records and Costs) (Marban, Edilberto) (Entered: 12/09/2016)
- Attachment 1 NOTICE by Luis Milian re 32 Endorsed Order, Set/Reset Hearings,,,,,, (Attachments: # 1 Exhibit A- Retainer Agreement, # 2 Exhibit B- Billing Records and Costs) (Marban, Edilberto) (Entered: 12/09/2016)
- Attachment 2 NOTICE by Luis Milian re 32 Endorsed Order, Set/Reset Hearings,,,,,, (Attachments: # 1 Exhibit A- Retainer Agreement, # 2 Exhibit B- Billing Records and Costs) (Marban, Edilberto) (Entered: 12/09/2016)
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| 32 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ENDORSED ORDER scheduling a Telephonic Fairness Hearing for December 13, 2016 at 9:30 AM 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 12/7/2016. (jf00) (Entered: 12/07/2016)
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| 31 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for all further proceedings including trial and entry of final judgment. This Cause is before the Court on the parties' Joint Consent to Proceed Before a Magistrate Judge 30, filed on December 7, 2016. The parties have stipulated to the full exercise of jurisdiction by Judge Goodman to conduct any and all further proceedings in this case, including the entry of final judgment. Therefore, pursuant to 28 U.S.C. Section 636 and the Local Rules of this Court, it is hereby ORDERED AND ADJUDGED that this case is referred to U.S. Magistrate Judge Jonathan Goodman to conduct any and all proceedings required in this case, including the entry of final judgment. Judge Joan A. Lenard is no longer assigned to this case. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/7/2016. (gie) (Entered: 12/07/2016)
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| 30 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Luis Milian (Marban, Edilberto) (Entered: 12/07/2016)
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| 29 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ORDER DISMISSING CASE WITHOUT PREJUDICE. On December 6, 2016, Judge Goodman held a settlement conference during which the Parties settled their claims. (See D.E. 28.) Pursuant to the law of the Eleventh Circuit, this Court must review all proposed FLSA Settlement Agreements 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 (1) this matter is DISMISSED WITHOUT PREJUDICE; (2) within fifteen (15) days of the date of this Order, the parties shall file a fully-executed Settlement Agreement for the Court's approval pursuant to Lynn's Food, 679 F.2d at 1355, after which the Court may amend this Order to dismiss the above-captioned action with prejudice; (3) all pending motions are DENIED AS MOOT; and (4) this case is now CLOSED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/7/2016. (gie) 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. (Entered: 12/07/2016)
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| 28 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 12/6/2016. **CASE SETTLED** Court read the terms of the settlement agreement into the record.Total time in court: 3 hour(s): 40 minutes. Attorney Appearance(s): Ena Teresa Diaz, Samantha Fraga.(Digital 13:59:53 and 17:34:49) (mso) (Entered: 12/07/2016)
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| 27 |
Filed: 12/5/2016, Entered: 12/5/2016 |
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NOTICE of Attorney Appearance by Edilberto O. Marban on behalf of Luis Milian (Marban, Edilberto) (Entered: 12/05/2016)
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| 26 |
Filed: 11/29/2016, Entered: 11/29/2016 |
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ORDER Scheduling Mediation before Neil Flaxman. Mediation Deadline 1/31/2017. Mediation Hearing set for 12/14/2016 10:00 AM. Signed by Judge Joan A. Lenard on 11/29/16. (dp) (Entered: 11/29/2016)
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| 25 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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ENDORSED ORDER resetting Settlement Conference for 12/6/2016 at 2:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 11/15/2016. (jf00) (Entered: 11/15/2016)
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| 24 |
Filed: 11/7/2016, Entered: 11/7/2016 |
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NOTICE by Luis Milian of Filing Order Scheduling Mediation (Attachments: # 1 Text of Proposed Order Order Scheduling Mediation) (Marban, Edilberto) (Entered: 11/07/2016)
- Attachment 1 NOTICE by Luis Milian of Filing Order Scheduling Mediation (Attachments: # 1 Text of Proposed Order Order Scheduling Mediation) (Marban, Edilberto) (Entered: 11/07/2016)
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| 23 |
Filed: 11/7/2016, Entered: 11/7/2016 |
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NOTICE of Mediator Selection: Neil Flaxman, Esq. selected. Filed/Added by Luis Milian, Neil Flaxman. Mediation Hearing set for December 14, 2016 at 10:00 a.m.. (Marban, Edilberto) (Entered: 11/07/2016)
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| 22 |
Filed: 11/3/2016, Entered: 11/3/2016 |
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ENDORSED ORDER indicating that 16 the Settlement Conference set for November 21, 2016 will now begin at 3:15 PM (instead of 2:30 PM) in the Miami Division before the Magistrate Judge Jonathan Goodman. **TIME CHANGE ONLY** Signed by Magistrate Judge Jonathan Goodman on 11/3/2016. (jf00) (Entered: 11/03/2016)
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| 21 |
Filed: 10/26/2016, Entered: 10/26/2016 |
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ORDER REFERRING CASE to Mediation. Mediation Deadline 1/31/2017. Signed by Judge Joan A. Lenard on 10/26/16. (Attachments: # 1 Appendix) (dp) (Entered: 10/26/2016)
- Attachment 1 ORDER REFERRING CASE to Mediation. Mediation Deadline 1/31/2017. Signed by Judge Joan A. Lenard on 10/26/16. (Attachments: # 1 Appendix) (dp) (Entered: 10/26/2016)
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| 20 |
Filed: 10/26/2016, Entered: 10/26/2016 |
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Order Adopting Joint Scheduling Report, Setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures: Pretrial Conference set for 9/11/2017 03:30 PM in Miami Division before Judge Joan A. Lenard. Jury Trial set for 10/16/2017 09:00 AM in Miami Division before Judge Joan A. Lenard. Calendar Call set for 10/11/2016 04:00 PM in Miami Division before Judge Joan A. Lenard. Amended Pleadings due by 11/14/2016. Expert Discovery due by 3/31/2017. Fact Discovery due by 3/31/2017. Joinder of Parties due by 11/14/2016. Mediation Deadline 1/31/2017. In Limine Motions due by 7/31/2017. Dispositive Motions due by 5/1/2017. Pretrial Stipulation due by 7/31/2017. Signed by Judge Joan A. Lenard on 10/26/16. (dp) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 10/26/2016)
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| 19 |
Filed: 10/11/2016, Entered: 10/11/2016 |
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Order of Reference of Certain Matters to Magistrate Judge. Signed by Judge Joan A. Lenard on 10/11/16. (dp) (Entered: 10/11/2016)
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| 18 |
Filed: 10/3/2016, Entered: 10/3/2016 |
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Joint SCHEDULING REPORT - Rule 26(f) by Luis Milian (Attachments: # 1 Exhibit Joint Scheduling Form, # 2 Exhibit Consent to Jurisdiction by Magistrate Form)(Marban, Edilberto) (Entered: 10/03/2016)
- Attachment 1 Joint SCHEDULING REPORT - Rule 26(f) by Luis Milian (Attachments: # 1 Exhibit Joint Scheduling Form, # 2 Exhibit Consent to Jurisdiction by Magistrate Form)(Marban, Edilberto) (Entered: 10/03/2016)
- Attachment 2 Joint SCHEDULING REPORT - Rule 26(f) by Luis Milian (Attachments: # 1 Exhibit Joint Scheduling Form, # 2 Exhibit Consent to Jurisdiction by Magistrate Form)(Marban, Edilberto) (Entered: 10/03/2016)
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| 17 |
Filed: 9/29/2016, Entered: 9/29/2016 |
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Defendant's RESPONSE to 13 Statement of Claim filed by Plaintiff by Osmany Martinez, Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC. (Diaz, Ena) (Entered: 09/29/2016)
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| 16 |
Filed: 9/16/2016, Entered: 9/16/2016 |
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ORDER setting the Settlement Conference for 11/21/2016 at 2:30 PM in the Miami Division before the Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 9/16/2016. (jf00) (Entered: 09/16/2016)
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| 15 |
Filed: 9/14/2016, Entered: 9/14/2016 |
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NOTICE by Osmany Martinez, Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC re 6 Order Referring Case to Judge,, of Refiling and/or Related Cases (Diaz, Ena) (Entered: 09/14/2016)
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| 14 |
Filed: 9/13/2016, Entered: 9/13/2016 |
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Notice of NO Pending, Refiled, Related or Similar Actions by Luis Milian (Marban, Edilberto) (Entered: 09/13/2016)
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| 13 |
Filed: 9/13/2016, Entered: 9/13/2016 |
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Statement of: Claim by Luis Milian re 5 Order Referring Case to Judge, Notice of Court Practice (Attachments: # 1 Exhibit A - Damages)(Marban, Edilberto) (Entered: 09/13/2016)
- Attachment 1 Statement of: Claim by Luis Milian re 5 Order Referring Case to Judge, Notice of Court Practice (Attachments: # 1 Exhibit A - Damages)(Marban, Edilberto) (Entered: 09/13/2016)
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| 12 |
Filed: 9/13/2016, Entered: 9/13/2016 |
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Certificate of Interested Parties by Luis Milian (Marban, Edilberto) (Entered: 09/13/2016)
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| 11 |
Filed: 9/8/2016, Entered: 9/8/2016 |
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Certificate of Interested Parties/Corporate Disclosure Statement by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC (Diaz, Ena) (Entered: 09/08/2016)
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| 10 |
Filed: 9/8/2016, Entered: 9/8/2016 |
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STATUS REPORT of Removal Pursuant to Court's Order [DE 6] by Osmany Martinez and by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC (Attachments: # 1 Exhibit A: Complaint, # 2 Exhibit B: Return of Service, # 3 Exhibit C: Answer, Defenses and Affirmative Defenses)(Diaz, Ena) (Entered: 09/08/2016)
- Attachment 1 STATUS REPORT of Removal Pursuant to Court's Order [DE 6] by Osmany Martinez and by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC (Attachments: # 1 Exhibit A: Complaint, # 2 Exhibit B: Return of Service, # 3 Exhibit C: Answer, Defenses and Affirmative Defenses)(Diaz, Ena) (Entered: 09/08/2016)
- Attachment 2 STATUS REPORT of Removal Pursuant to Court's Order [DE 6] by Osmany Martinez and by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC (Attachments: # 1 Exhibit A: Complaint, # 2 Exhibit B: Return of Service, # 3 Exhibit C: Answer, Defenses and Affirmative Defenses)(Diaz, Ena) (Entered: 09/08/2016)
- Attachment 3 STATUS REPORT of Removal Pursuant to Court's Order [DE 6] by Osmany Martinez and by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC (Attachments: # 1 Exhibit A: Complaint, # 2 Exhibit B: Return of Service, # 3 Exhibit C: Answer, Defenses and Affirmative Defenses)(Diaz, Ena) (Entered: 09/08/2016)
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| 9 |
Filed: 9/6/2016, Entered: 9/6/2016 |
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Defendants' ANSWER and Affirmative Defenses to Complaint re the Notice of Removal and Defenses by Osmany Martinez and by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC. (Diaz, Ena) (Entered: 09/06/2016)
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| 8 |
Filed: 9/6/2016, Entered: 9/6/2016 |
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ORDER REGARDING FORMATTING OF FILINGS. The body of all filings shall be (1) double-spaced (with the exception of block quotations), and (2) printed in 12-point or larger type in an easily-readable font. Consistent with Local Rule 5.1, footnotes may be single-spaced but must be at least 12-point font. Furthermore, all filings are limited to forty-six (46) lines of footnoted material, which is equal to one full page of single-spaced, 12-point font text. All page limitations set forth by the Local Rules shall be observed. Non-compliant filings may be stricken from the record. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 9/6/2016. (gie) (Entered: 09/06/2016)
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| 7 |
Filed: 9/2/2016, Entered: 9/2/2016 |
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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 09/02/16. (dp) (Entered: 09/02/2016)
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| 6 |
Filed: 9/2/2016, Entered: 9/2/2016 |
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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; Notice of Court Practice in Removal Actions; and Directing Parties to File a Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 09/02/16. (Attachments: # 1 Appendix, # 2 Appendix) (dp) (Entered: 09/02/2016)
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| 5 |
Filed: 9/2/2016, Entered: 9/2/2016 |
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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 09/02/16. (dp) (Entered: 09/02/2016)
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| 4 |
Filed: 9/1/2016, Entered: 9/1/2016 |
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NOTICE of Attorney Appearance by Ena Teresa Diaz on behalf of Osmany Martinez (Diaz, Ena) (Entered: 09/01/2016)
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| 3 |
Filed: 9/1/2016, Entered: 9/1/2016 |
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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. (rms1) (Entered: 09/01/2016)
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| 2 |
Filed: 9/1/2016, Entered: 9/1/2016 |
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Judge Assignment to Judge Joan A. Lenard (rms1) (Entered: 09/01/2016)
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| 1 |
Filed: 9/1/2016, Entered: 9/1/2016 |
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NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-9055315, filed by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A: Complaint, # 3 Exhibit Exhibit B: Summons, # 4 Exhibit Exhibit C: Notice to State Court of Removal)(Diaz, Ena) (Entered: 09/01/2016)
- Attachment 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-9055315, filed by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A: Complaint, # 3 Exhibit Exhibit B: Summons, # 4 Exhibit Exhibit C: Notice to State Court of Removal)(Diaz, Ena) (Entered: 09/01/2016)
- Attachment 2 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-9055315, filed by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A: Complaint, # 3 Exhibit Exhibit B: Summons, # 4 Exhibit Exhibit C: Notice to State Court of Removal)(Diaz, Ena) (Entered: 09/01/2016)
- Attachment 3 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-9055315, filed by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A: Complaint, # 3 Exhibit Exhibit B: Summons, # 4 Exhibit Exhibit C: Notice to State Court of Removal)(Diaz, Ena) (Entered: 09/01/2016)
- Attachment 4 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-9055315, filed by Paraiso Tropical Pizzeria Restaurante y Heladeria, LLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A: Complaint, # 3 Exhibit Exhibit B: Summons, # 4 Exhibit Exhibit C: Notice to State Court of Removal)(Diaz, Ena) (Entered: 09/01/2016)
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