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54 |
Filed: 6/21/2017, Entered: 6/21/2017 |
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ORDER approving FLSA settlement and closing case. The Clerk is directed to close this case and deny any pending motion as moot. Signed by Magistrate Judge Jonathan Goodman on 6/21/2017. (jdo) (Entered: 06/21/2017)
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Request |
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53 |
Filed: 6/20/2017, Entered: 6/20/2017 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Fairness Hearing held on 6/20/2017. Total time in court: 5 minutes. Attorney Appearance(s): Meghan Evans Paraschak, Isaac Jackie Mamane, (Digital 15:00:47) (mso) (Entered: 06/20/2017)
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52 |
Filed: 6/18/2017, Entered: 6/18/2017 |
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NOTICE of Compliance by Wilmore Tapanes re 51 Endorsed Order, Set/Reset Hearings,,,,,, (Attachments: # 1 Fee and Cost Ledger, # 2 Retainer Agreement) (Mamane, Isaac) (Entered: 06/18/2017)
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51 |
Filed: 6/12/2017, Entered: 6/12/2017 |
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ENDORSED ORDER scheduling Telephonic Fairness Hearing for 6/20/2017 at 03:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Plaintiff is required to file the retainer agreement and his attorney's billing and cost records at least three days before the hearing. Plaintiff's counsel should be prepared to discuss at the hearing the amount of costs and how the settlement proceeds will be divided between Plaintiff and his attorney. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. Signed by Magistrate Judge Jonathan Goodman on 6/12/2017. (jdo) (Entered: 06/12/2017)
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50 |
Filed: 6/12/2017, Entered: 6/12/2017 |
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ENDORSED ORDER cancelling Telephonic Scheduling Conference set for 6/13/2017 at 04:00 PM, because of forthcoming Telephonic Fairness Hearing. Signed by Magistrate Judge Jonathan Goodman on 6/12/2017. (jdo) (Entered: 06/12/2017)
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49 |
Filed: 6/6/2017, Entered: 6/6/2017 |
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ENDORSED ORDER setting Telephonic Scheduling Conference for 6/13/2017 at 04:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall abide by the following call-in procedure: (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 telephone use is permitted. All counsel shall have their calendars available so that the Court can pinpoint a special set trial date workable to all counsel and the Court. Signed by Magistrate Judge Jonathan Goodman on 6/6/2017. (jdo) (Entered: 06/06/2017)
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48 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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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' 46 Consent to Proceed Before a United States Magistrate Judge, filed on June 2, 2017. The Parties have stipulated to the full exercise of jurisdiction by the United States Magistrate Judge currently assigned to the case, i.e., Magistrate Judge Jonathan Goodman, to conduct any and all further proceedings in this case, including trial and the entry of final judgment. Therefore, pursuant to 28 U.S.C. ยง 636 and the Local Rules of this Court, it is hereby ORDERED AND ADJUDGED that this case is referred to 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 6/5/2017. (ae00) (Entered: 06/05/2017)
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47 |
Filed: 6/2/2017, Entered: 6/2/2017 |
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Joint MOTION for Fairness Hearing ; Scheduling of by Wilmore Tapanes. Responses due by 6/16/2017 (Attachments: # 1 Text of Proposed Order)(Mamane, Isaac) (Entered: 06/02/2017)
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46 |
Filed: 6/2/2017, Entered: 6/2/2017 |
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Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Manny E. Diaz, Jr., Cindy Niad Hannah, Tremont Towing, Inc. (Paraschak, Meghan) (Entered: 06/02/2017)
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45 |
Filed: 5/26/2017, Entered: 5/26/2017 |
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ORDER DISMISSING CASE WITHOUT PREJUDICE. THIS CAUSE is before the Court on 44 the Parties' Joint Motion for Approval of Parties' Settlement Agreement and Dismissal with Prejudice, filed May 25, 2017, indicating that the Parties have reached an amicable resolution in this matter and wish the Court to approve their Settlement Agreement; dismiss the case with prejudice, with each party to bear its own costs and attorney's fees; and retain jurisdiction to enforce the terms of the agreement. 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 Parties have contemporaneously emailed a copy of the Settlement Agreement to the Court because, they state in the Motion, "the agreement calls for confidentiality." (See D.E. 44 at 1.) However, the Court does not review proposed settlement agreements for approval in camera. "Sealing an FLSA settlement agreement between an employer and employee, reviewing the agreement in camera, or reviewing the agreement at a hearing without the agreement's appearing in the record (in any event precluding other employees' and the public's access to, and knowledge of, the agreement) thwarts Congress's intent both to advance employees' awareness of their FLSA rights and to ensure pervasive implementation of the FLSA in the workplace." Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1245 (M.D. Fla. 2010). Accordingly, insofar as the Parties' Joint Motion seeks Court approval of their Settlement Agreement, the Motion is DENIED. The matter is DISMISSED without prejudice, however, and the Parties shall have until and including June 9, 2017, to either file the Settlement Agreement with the Clerk, on the docket, or request that this matter be set for a hearing before Magistrate Judge Jonathan Goodman and read into the public record. The Court may amend this Order to a dismissal with prejudice once the Settlement Agreement is on the record and approved. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/26/2017. (ae00) 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: 05/26/2017)
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44 |
Filed: 5/25/2017, Entered: 5/25/2017 |
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Joint MOTION for Approval of the Parties' Settlement Agreement, Joint MOTION to Dismiss with Prejudice 1 Complaint ( Responses due by 6/8/2017) by Wilmore Tapanes. (Attachments: # 1 Text of Proposed Order)(Feld, Daniel) (Entered: 05/25/2017)
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43 |
Filed: 3/31/2017, Entered: 3/31/2017 |
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ORDER Scheduling Mediation before Cindy Hannah. Mediation Deadline 8/11/2017. Mediation Hearing set for 6/14/2017 10:00 AM. Signed by Judge Joan A. Lenard on 3/31/2017. (dp) (Entered: 03/31/2017)
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42 |
Filed: 3/31/2017, Entered: 3/31/2017 |
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NOTICE OF UNAVAILABILITY by Manny E. Diaz, Jr., Cindy Niad Hannah, Tremont Towing, Inc. for dates of 4/6-4/18. Attorney Meghan Evans Paraschak added to party Cindy Niad Hannah(pty:med). (Paraschak, Meghan) (Entered: 03/31/2017)
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41 |
Filed: 3/29/2017, Entered: 3/29/2017 |
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NOTICE of Mediator Selection. Added Cindy Niad Hannah. (Attachments: # 1 Text of Proposed Order)(Feld, Daniel) (Entered: 03/29/2017)
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Request |
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40 |
Filed: 3/29/2017, Entered: 3/29/2017 |
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NOTICE of Mediator Selection and Hearing. Added Cindy Niad Hannah. Mediation Hearing set for 06/14/2017 at 10:00 a.m.. (Niad Hannah, Cindy) (Entered: 03/29/2017)
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Request |
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39 |
Filed: 3/29/2017, Entered: 3/29/2017 |
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NOTICE of Mediator Selection and Hearing. Added Cindy Niad Hannah. Mediation Hearing set for 06/14/2017 at 10:00 a.m.. (Niad Hannah, Cindy) (Entered: 03/29/2017)
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Request |
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38 |
Filed: 3/15/2017, Entered: 3/15/2017 |
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ORDER of Referral to Mediation and Directing Plaintiff's Counsel to Submit (Within Fourteen Days) Proposed Order Scheduling Mediation. Mediation Deadline 8/11/2017. Signed by Judge Joan A. Lenard on 3/15/2017. (Attachments: # 1 Appendix) (dp) (Entered: 03/15/2017)
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37 |
Filed: 3/15/2017, Entered: 3/15/2017 |
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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 2/26/2018 02:45 PM in Miami Division before Judge Joan A. Lenard. Jury Trial set for 3/19/2018 09:00 AM in Miami Division before Judge Joan A. Lenard. Calendar Call set for 3/14/2018 04:00 PM in Miami Division before Judge Joan A. Lenard. Amended Pleadings due by 4/6/2017. Expert Discovery due by 8/4/2017. Fact Discovery due by 8/4/2017. Joinder of Parties due by 4/6/2017. Mediation Deadline 8/11/2017. In Limine Motions due by 1/16/2018. Dispositive Motions due by 8/18/2017. Pretrial Stipulation due by 1/29/2018. Signed by Judge Joan A. Lenard on 03/15/17. (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: 03/15/2017)
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36 |
Filed: 2/16/2017, Entered: 2/16/2017 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 2/16/2017. **CASE DID NOT SETTLE** Total time in court: 3 hour(s). Attorney Appearance(s): Meghan Evans Paraschak, Isaac Jackie Mamane, Daniel T. Feld, (Digital 09:33:03) (mso) (Entered: 02/16/2017)
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35 |
Filed: 2/10/2017, Entered: 2/10/2017 |
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Statement of: Claim Amended by Wilmore Tapanes (Attachments: # 1 A - damage calculations)(Mamane, Isaac) (Entered: 02/10/2017)
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Request |
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34 |
Filed: 2/7/2017, Entered: 2/7/2017 |
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Clerks Non-Entry of Default as to Manny E. Diaz, Jr., Tremont Towing, Inc. - Motions Terminated: 30 Motion for Clerks Entry of Default. Reason: Responsive pleading has been filed Signed by DEPUTY CLERK on 2/7/2017. (mc) (Entered: 02/07/2017)
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33 |
Filed: 2/7/2017, Entered: 2/7/2017 |
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Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Wilmore Tapanes (Feld, Daniel) (Entered: 02/07/2017)
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Request |
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32 |
Filed: 2/7/2017, Entered: 2/7/2017 |
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Joint SCHEDULING REPORT - Rule 26(f) by Wilmore Tapanes (Attachments: # 1 Joint Scheduling Form)(Feld, Daniel) (Entered: 02/07/2017)
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Request |
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31 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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Defendants' ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Manny E. Diaz, Jr., Tremont Towing, Inc.. (Paraschak, Meghan) (Entered: 02/06/2017)
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Request |
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30 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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Plaintiff's MOTION for Clerks Entry of Default as to Manny E. Diaz, Jr., Tremont Towing, Inc. by Wilmore Tapanes. (Feld, Daniel) (Entered: 02/06/2017)
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29 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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ENDORSED ORDER TO SHOW CAUSE. Plaintiff filed an Amended Complaint on January 18, 2017. Pursuant to Rule 15, Defendants' responsive pleading was due within fourteen days. See Fed. R. Civ. P. 15(a)(3) ("Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later."). Because Defendants have not filed a responsive pleading, Plaintiff shall have until February 15, 2017, to seek clerk's entry of default. Failure to comply with this Order may result in the dismissal of Plaintiff's claims. IT IS SO ORDERED. Signed by Judge Joan A. Lenard on 2/6/2017. (jts) (Entered: 02/06/2017)
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28 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Wilmore Tapanes (Feld, Daniel) (Entered: 01/26/2017)
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Request |
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27 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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Notice of NO Pending, Refiled, Related or Similar Actions by Wilmore Tapanes (Feld, Daniel) (Entered: 01/26/2017)
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Request |
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26 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Manny E. Diaz, Jr., Tremont Towing, Inc. (Paraschak, Meghan) (Entered: 01/26/2017)
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25 |
Filed: 1/18/2017, Entered: 1/18/2017 |
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AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Wilmore Tapanes.(Mamane, Isaac) (Entered: 01/18/2017)
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Request |
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24 |
Filed: 1/18/2017, Entered: 1/18/2017 |
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ENDORSED ORDER DENYING AS MOOT 8 Defendant's Motion to Dismiss for Failure to State a Claim; and GRANTING 23 Plaintiff's Motion to File an Amended Complaint. According to Fed. R. Civ. P. 15, leave to amend should be freely given. Therefore, Plaintiff has ten (10) days to file an amended complaint. Defendant's Motion to Dismiss (D.E. 8 ) is DENIED AS MOOT. IT IS SO ORDERED. Signed by Judge Joan A. Lenard on 1/18/2017. (jts) Clerk's Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1. (Entered: 01/18/2017)
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23 |
Filed: 1/17/2017, Entered: 1/17/2017 |
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Unopposed MOTION to Amend/Correct Complaint by Wilmore Tapanes. Responses due by 1/31/2017 (Attachments: # 1 Amended Complaint, # 2 Text of Proposed Order)(Mamane, Isaac) (Entered: 01/17/2017)
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22 |
Filed: 1/11/2017, Entered: 1/11/2017 |
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Defendant's RESPONSE to 6 Statement, 5 Notice of Court Practice, Order Referring Case to Judge by Manny E. Diaz, Jr., Tremont Towing, Inc.. (Paraschak, Meghan) (Entered: 01/11/2017)
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21 |
Filed: 1/11/2017, Entered: 1/11/2017 |
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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 01/11/17. (dp) (Entered: 01/11/2017)
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20 |
Filed: 1/11/2017, Entered: 1/11/2017 |
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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; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 01/11/17. (Attachments: # 1 Appendix, # 2 Appendix) (dp) (Entered: 01/11/2017)
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19 |
Filed: 1/11/2017, Entered: 1/11/2017 |
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ENDORSED ORDER GRANTING 18 Joint Motion to Strike Docket Entry 9. Pursuant to the parties' agreement, the return of service (D.E. 9) filed on December 14, 2016, is STRICKEN from the record. Furthermore, counsel for the Defendants has agreed to accept service on behalf of Defendant Manny Diaz, Jr. Based on this acceptance of service and the parties' agreement, it is ORDERED that Defendant Manny Diaz, Jr. must file a response to the Plaintiff's Complaint within ten (10) days from the date of this Order. IT IS SO ORDERED. Signed by Judge Joan A. Lenard on 1/11/2017. (jts) (Entered: 01/11/2017)
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18 |
Filed: 1/10/2017, Entered: 1/10/2017 |
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Joint MOTION to Quash, Joint MOTION Accept Service by Wilmore Tapanes. (Attachments: # 1 Text of Proposed Order)(Feld, Daniel) (Entered: 01/10/2017)
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Request |
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17 |
Filed: 1/9/2017, Entered: 1/9/2017 |
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ENDORSED ORDER scheduling a Settlement Conference for 2/16/2017 at 09:30 AM in Miami Division before Magistrate Judge Jonathan Goodman. The parties shall each submit a confidential settlement conference statement by 2/14/2017 at 5:00 PM. Signed by Magistrate Judge Jonathan Goodman on 1/9/2017. (mda) (Entered: 01/09/2017)
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16 |
Filed: 1/2/2017, Entered: 1/2/2017 |
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ENDORSED ORDER striking 14 Defendant Manny E. Diaz's Motion to Quash for failure to comply with the conferral requirement of Local Rule 7.1. Signed by Magistrate Judge Jonathan Goodman on 1/2/2017. (mda) (Entered: 01/02/2017)
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15 |
Filed: 12/29/2016, Entered: 12/29/2016 |
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ENDORSED ORDER REFERRING 14 Defendant's Motion to Quash Service to Magistrate Judge Jonathan Goodman for resolution by order. IT IS SO ORDERED. Signed by Judge Joan A. Lenard on 12/29/2016. (jts) (Entered: 12/29/2016)
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14 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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STRICKEN Defendant's MOTION to Quash Service of Process by Manny E. Diaz, Jr.. Attorney Meghan Evans Paraschak added to party Manny E. Diaz, Jr.(pty:dft). (Attachments: # 1 Affidavit Affidavit of Manny E. Diaz, # 2 Exhibit Proof of Service, # 3 Text of Proposed Order Proposed Order Granting Motion to Quash)(Paraschak, Meghan) Modified text per 16 Order on 1/3/2017 (yha). (Entered: 12/28/2016)
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13 |
Filed: 12/27/2016, Entered: 12/27/2016 |
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REPLY to Response to Motion re 8 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM filed by Tremont Towing, Inc.. (Paraschak, Meghan) (Entered: 12/27/2016)
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Request |
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12 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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NOTICE of Compliance by Wilmore Tapanes re 6 Statement filed by Wilmore Tapanes, 5 Notice of Court Practice, Order Referring Case to Judge (Mamane, Isaac) (Entered: 12/22/2016)
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Request |
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11 |
Filed: 12/22/2016, Entered: 12/22/2016 |
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NOTICE OF UNAVAILABILITY by Tremont Towing, Inc. for dates of 12/23/16-01/06/17 (Paraschak, Meghan) (Entered: 12/22/2016)
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Request |
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10 |
Filed: 12/20/2016, Entered: 12/20/2016 |
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RESPONSE in Opposition re 8 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM filed by Wilmore Tapanes. Replies due by 12/27/2016. (Attachments: # 1 Exhibit "A")(Feld, Daniel) (Entered: 12/20/2016)
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Request |
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9 |
Filed: 12/14/2016, Entered: 12/14/2016 |
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SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Wilmore Tapanes. Manny E. Diaz, Jr. served on 12/7/2016, answer due 12/28/2016. (Feld, Daniel) (Entered: 12/14/2016)
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8 |
Filed: 12/6/2016, Entered: 12/6/2016 |
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MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM by Tremont Towing, Inc.. Attorney Meghan Evans Paraschak added to party Tremont Towing, Inc.(pty:dft). Responses due by 12/20/2016 (Paraschak, Meghan) (Entered: 12/06/2016)
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7 |
Filed: 11/23/2016, Entered: 11/23/2016 |
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SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Wilmore Tapanes. Tremont Towing, Inc. served on 11/16/2016, answer due 12/7/2016. (Feld, Daniel) (Entered: 11/23/2016)
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6 |
Filed: 11/21/2016, Entered: 11/21/2016 |
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Statement of: Claim by Wilmore Tapanes re 5 Notice of Court Practice, Order Referring Case to Judge (Attachments: # 1 Exhibit A - Damage Calculations)(Mamane, Isaac) (Entered: 11/21/2016)
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Request |
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5 |
Filed: 11/1/2016, Entered: 11/1/2016 |
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Notice of Court Procedure in Actions Brought Under The Fair Labor Standards Act and Referral to Magistrate Judge Jonathan Goodman for Settlement Conference. Signed by Judge Joan A. Lenard on 11/01/16. (dp) (Entered: 11/01/2016)
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| Save 25% on a pre-paid one year subscription. |
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4 |
Filed: 10/31/2016, Entered: 10/31/2016 |
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Summons Issued as to Manny E. Diaz, Jr. and Tremont Towing, Inc. (fbn) (Entered: 10/31/2016)
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3 |
Filed: 10/31/2016, Entered: 10/31/2016 |
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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. (fbn) (Entered: 10/31/2016)
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2 |
Filed: 10/31/2016, Entered: 10/31/2016 |
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Judge Assignment to Judge Joan A. Lenard (fbn) (Entered: 10/31/2016)
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1 |
Filed: 10/31/2016, Entered: 10/31/2016 |
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COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-9212175, filed by Wilmore Tapanes. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Mamane, Isaac) (Entered: 10/31/2016)
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