ORDER Granting 25 Joint Motion to Approve Settlement Agreement and Dismiss Action with Prejudice. Signed by Ch. Magistrate Judge Andrea M. Simonton on 5/11/2018. (cmh) 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.
Joint MOTION to Dismiss with Prejudice 1 Complaint Upon Settlement, Joint MOTION For Approval Upon Settlement and for In Camera Review, Joint MOTION for Settlement Approval ( Responses due by 5/18/2018) by Diana Bilbao, Marcelo Enrique Ramos. (Kelly, K.)
PAPERLESS ORDER REASSIGNING CASE. PURSUANT to 28 U.S.C. ยง 636(c), Magistrate Judge Rule 1(h) of the Local Rules of the Southern District of Florida, and with the consent of the parties, as stated in the Parties' Joint Notice and Consent to Jurisdiction 23, the above-captioned cause is referred entirely to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law, including, if necessary, a jury or non-jury trial and entry of final judgment. In the course of conducting any such proceedings, Magistrate Judge Simonton may hear and determine any and all pre-trial and post-trial motions, including case-dispositive motions. Signed by Chief Judge K. Michael Moore on 5/1/2018. (jm01) (Entered: 05/01/2018)
Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Marcelo Enrique Ramos (Martinez-Maldonado, Alejandro) (Entered: 04/30/2018)
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning November 13, 2018 at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. A place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties shall be established. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Chief Judge K. Michael Moore on 3/21/2018. (jm01) (Entered: 03/21/2018)
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of November 13, 2018, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on November 8, 2018, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for October 30, 2018, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A NOTICE OF UNAVAILABILITY BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 3/21/2018. (jm01) 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: 03/21/2018)
PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Andrea M. Simonton: Settlement Conference held on 3/6/2018. Attorney Appearance(s): K. David Kelly, along with his clients (Marcelo Ramos and Diana Bilbao), appeared at this conference. Rodolfo Gomez, along with his clients (Vivian Melley and John Melley, appeared at this conference. The parties were unable to reach a settlement agreement in this matter. (Digital 09:43:17) (aw) (Entered: 03/06/2018)
NOTICE of Compliance per D.E. 12 on Order setting Settlement Conference. by Diana Bilbao, Marcelo Enrique Ramos re 12 Order, Set/Reset Hearings,, (Martinez-Maldonado, Alejandro) (Entered: 03/02/2018)
PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Andrea M. Simonton: Telephonic Status Conference held on 3/1/2018. Telephonic Attorney Appearance(s): K. David Kelly, Rodolfo Gomez. The Court was advised of the Parties' positions regarding the relationship between the Plaintiffs and the Defendants. Total time in court: 30 minutes. (Digital 16:03:02 - 16:29:54) (aw) (Entered: 03/02/2018)
AMENDED DOCKET ENTRY ORDER Setting Telephonic Status Conference for Thursday, March 1, 2018 at 4:00 p.m. before Ch. Magistrate Judge Andrea M. Simonton. Counsel for the parties shall be prepared to advise the Court regarding their positions concerning whether the Plaintiffs ever had any relationship with the Defendants. (Corrects typographical error regarding month of hearing). At the designated time, Counsel shall call 1-888-684-8852, enter access code number 3513884 followed by the # sign, and enter security code number 5930 followed by the # sign. Signed by Ch. Magistrate Judge Andrea M. Simonton on 2/28/2018. (AMS) Signed by Ch. Magistrate Judge Andrea M. Simonton on 2/28/2018. (AMS) (Entered: 02/28/2018)
DOCKET ENTRY ORDER Setting Telephonic Status Conference for Thursday, February 1, 2018 at 4:00 p.m. before Ch. Magistrate Judge Andrea M. Simonton. Counsel for the parties shall be prepared to advise the Court regarding their positions concerning whether the Plaintiffs ever had any relationship with the Defendants. At the designated time, Counsel shall call 1-888-684-8852, enter access code number 3513884 followed by the # sign, and enter security code number 5930 followed by the # sign. Signed by Ch. Magistrate Judge Andrea M. Simonton on 2/28/2018. (AMS) (Entered: 02/28/2018)
Supplemental RESPONSE to 12 Order, Set/Reset Hearings,, to Plaintiffs' Statement of Claim by Vivian C Melley, Preferred Care Home Health Services, Inc.. (Gomez, Rodolfo) (Entered: 02/28/2018)
ORDER SCHEDULING SETTLEMENT CONFERENCE for Tuesday, March 6, 2018 at 9:00 a.m. before Magistrate Judge Andrea M. Simonton in Courtroom 6, Tenth Floor of the James Lawrence King Federal Justice Building located at 99 N.E. 4th Street, Miami, Florida 33132. See Order for details. Signed by Ch. Magistrate Judge Andrea M. Simonton on 2/22/2018. (cmh)
Defendants' ANSWER and Affirmative Defenses to Complaint by Vivian C Melley, Preferred Care Home Health Services, Inc.. Attorney Rodolfo Gomez added to party Vivian C Melley(pty:dft), Attorney Rodolfo Gomez added to party Preferred Care Home Health Services, Inc.(pty:dft). (Gomez, Rodolfo) (Entered: 02/12/2018)
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Marcelo Enrique Ramos, Diana Bilbao. All Defendants. (Zidell, Jamie) (Entered: 01/29/2018)
NOTICE of Attorney Appearance by K. David Kelly on behalf of Diana Bilbao, Marcelo Enrique Ramos. Attorney K. David Kelly added to party Diana Bilbao(pty:pla), Attorney K. David Kelly added to party Marcelo Enrique Ramos(pty:pla). (Kelly, K.) (Entered: 01/19/2018)
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. ?? 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simontons discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 1/18/2018. (mll) (Entered: 01/18/2018)
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorneys fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendants defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Andrea M. Simonton within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Andrea M. Simonton on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Simonton. Absent an extension from Magistrate Judge Simonton, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. 7. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. 8. Non-compliance with Order. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Chief Judge K. Michael Moore on 1/18/2018. (mll) (Entered: 01/18/2018)
NOTICE of Attorney Appearance by Alejandro Guillermo Martinez-Maldonado on behalf of Marcelo Enrique Ramos. Attorney Alejandro Guillermo Martinez-Maldonado added to party Marcelo Enrique Ramos(pty:pla). (Martinez-Maldonado, Alejandro) (Entered: 01/17/2018)
Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (rms1) (Entered: 01/17/2018)
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