ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Trial. Judge Jose E. Martinez no longer assigned as presider judge(s) in case. Signed by Judge Jose E. Martinez on 3/14/2017. (yha) (Entered: 03/15/2017)
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Preliminary Status Conference Signed by Judge Jose E. Martinez on 12/7/2016. (yha) (Entered: 12/08/2016)
ORDER approving FLSA settlement and closing case. The Clerk of Court is directed to close the case and deny any pending motions as moot. Signed by Magistrate Judge Jonathan Goodman on 3/15/2017. (mda) (Entered: 03/15/2017)
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Trial. Judge Jose E. Martinez no longer assigned as presider judge(s) in case. Signed by Judge Jose E. Martinez on 3/14/2017. (yha) (Entered: 03/15/2017)
NOTICE by Panceta C White re 23 Order, Set/Reset Hearings,,,,,,,,,, Notice of Filing (Attachments: # 1 Exhibit A - Amended Fee and Cost Ledger) (Celler, Richard) (Entered: 03/14/2017)
Attachment 1 NOTICE by Panceta C White re 23 Order, Set/Reset Hearings,,,,,,,,,, Notice of Filing (Attachments: # 1 Exhibit A - Amended Fee and Cost Ledger) (Celler, Richard) (Entered: 03/14/2017)
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Status Conference re: Fairness Hearing held on 3/13/2017. Order to be issued on this hearing.Total time in court: 35 minutes. Attorney Appearance(s): William Robert Amlong, Noah E Storch, Richard Bernard Celler, (Digital 16:02:56) (mso) (Entered: 03/13/2017)
NOTICE by Panceta C White re 23 Order,,,,,, Set/Reset Hearings,,,,, (Attachments: # 1 Affidavit of Richard Celler in Support of Attorney's Fees and Hourly Rates) (Celler, Richard) (Entered: 03/10/2017)
Attachment 1 NOTICE by Panceta C White re 23 Order,,,,,, Set/Reset Hearings,,,,, (Attachments: # 1 Affidavit of Richard Celler in Support of Attorney's Fees and Hourly Rates) (Celler, Richard) (Entered: 03/10/2017)
ENDORSED ORDER scheduling a telephonic Fairness Hearing for 3/13/2017 at 04:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Plaintiff's counsel shall, by March 10, 2017 at 5:00 PM, file a copy of his retainer agreement with his client and copies of the billing records demonstrating the time he put into the case and the tasks he performed, with an affidavit explaining his hourly billing rate and the accuracy of the time records. In addition, Plaintiff's counsel shall, by the same deadline, submit documents corroborating any costs and expenses he advanced. The Court notes that Defendant, contrary to Plaintiff's response to the motion, is not arguing that Plaintiff's counsel is not entitled to any attorney's fees. Instead, Defendant simply wants to ensure that the allocation of the settlement amount between Plaintiff and the attorneys (for fees and costs) is fair, as required by Lynn's Food Stores. 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 3/7/2017. (mda) (Entered: 03/07/2017)
REPLY to Response to Motion re 18 Defendant's MOTION for Settlement to Approve filed by Stephen Carr Davis. (Attachments: # 1 Exhibit Satisfaction and Release of Claim)(Amlong, William) (Entered: 01/11/2017)
Attachment 1 REPLY to Response to Motion re 18 Defendant's MOTION for Settlement to Approve filed by Stephen Carr Davis. (Attachments: # 1 Exhibit Satisfaction and Release of Claim)(Amlong, William) (Entered: 01/11/2017)
PAPERLESS ORDER REFERRING 18 Defendant's MOTION to Approve Settlement filed by Stephen Carr Davis to Magistrate Judge Jonathan Goodman to take all necessary and proper action as required by law, pursuant to 28 U.S.C. ยง 636(b) and the Magistrate Rules of the Local Rules of the Southern District of Florida. Signed by Judge Jose E. Martinez on 1/10/2017. (rkn) (Entered: 01/10/2017)
RESPONSE in Opposition re 18 Defendant's MOTION for Settlement to Approve Settlement filed by Panceta C White. Replies due by 1/17/2017. (Storch, Noah) (Entered: 01/10/2017)
PAPERLESS ORDER granting 17 Motion for Extension of Time. The parties shall file either a Notice of Dismissal (if the Defendant has not served an answer or motion for summary judgment) or a Stipulation of Dismissal (signed by all parties who have appeared in this action), which must be filed with the Clerk of the Court, a proposed Order of Dismissal or Final Judgment, and any other documents necessary to conclude this action on or before January 16, 2017. Signed by Judge Jose E. Martinez on 1/9/2017. (rkn) (Entered: 01/09/2017)
Defendant's MOTION for Settlement to Approve by Stephen Carr Davis. Responses due by 1/23/2017 (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward, # 3 Exhibit Employee Two-year Chart Beginning August 14 3024, # 4 Exhibit Death Certificate, # 5 Exhibit Notice to Creditors., # 6 Exhibit Copy of DBR Publication of Notice to Creditors, # 7 Exhibit Notice to creditors, # 8 Exhibit 161206 Defendants Motion to Dismiss or for Summary Judgment (DE 11))(Amlong, William) (Entered: 01/07/2017)
Attachment 1 Defendant's MOTION for Settlement to Approve by Stephen Carr Davis. Responses due by 1/23/2017 (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward, # 3 Exhibit Employee Two-year Chart Beginning August 14 3024, # 4 Exhibit Death Certificate, # 5 Exhibit Notice to Creditors., # 6 Exhibit Copy of DBR Publication of Notice to Creditors, # 7 Exhibit Notice to creditors, # 8 Exhibit 161206 Defendants
Attachment 2 Defendant's MOTION for Settlement to Approve by Stephen Carr Davis. Responses due by 1/23/2017 (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward, # 3 Exhibit Employee Two-year Chart Beginning August 14 3024, # 4 Exhibit Death Certificate, # 5 Exhibit Notice to Creditors., # 6 Exhibit Copy of DBR Publication of Notice to Creditors, # 7 Exhibit Notice to creditors, # 8 Exhibit 161206 Defendants
Attachment 3 Defendant's MOTION for Settlement to Approve by Stephen Carr Davis. Responses due by 1/23/2017 (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward, # 3 Exhibit Employee Two-year Chart Beginning August 14 3024, # 4 Exhibit Death Certificate, # 5 Exhibit Notice to Creditors., # 6 Exhibit Copy of DBR Publication of Notice to Creditors, # 7 Exhibit Notice to creditors, # 8 Exhibit 161206 Defendants
Attachment 4 Defendant's MOTION for Settlement to Approve by Stephen Carr Davis. Responses due by 1/23/2017 (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward, # 3 Exhibit Employee Two-year Chart Beginning August 14 3024, # 4 Exhibit Death Certificate, # 5 Exhibit Notice to Creditors., # 6 Exhibit Copy of DBR Publication of Notice to Creditors, # 7 Exhibit Notice to creditors, # 8 Exhibit 161206 Defendants
Attachment 5 Defendant's MOTION for Settlement to Approve by Stephen Carr Davis. Responses due by 1/23/2017 (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward, # 3 Exhibit Employee Two-year Chart Beginning August 14 3024, # 4 Exhibit Death Certificate, # 5 Exhibit Notice to Creditors., # 6 Exhibit Copy of DBR Publication of Notice to Creditors, # 7 Exhibit Notice to creditors, # 8 Exhibit 161206 Defendants
Attachment 6 Defendant's MOTION for Settlement to Approve by Stephen Carr Davis. Responses due by 1/23/2017 (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward, # 3 Exhibit Employee Two-year Chart Beginning August 14 3024, # 4 Exhibit Death Certificate, # 5 Exhibit Notice to Creditors., # 6 Exhibit Copy of DBR Publication of Notice to Creditors, # 7 Exhibit Notice to creditors, # 8 Exhibit 161206 Defendants
Attachment 7 Defendant's MOTION for Settlement to Approve by Stephen Carr Davis. Responses due by 1/23/2017 (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward, # 3 Exhibit Employee Two-year Chart Beginning August 14 3024, # 4 Exhibit Death Certificate, # 5 Exhibit Notice to Creditors., # 6 Exhibit Copy of DBR Publication of Notice to Creditors, # 7 Exhibit Notice to creditors, # 8 Exhibit 161206 Defendants
Attachment 8 Defendant's MOTION for Settlement to Approve by Stephen Carr Davis. Responses due by 1/23/2017 (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward, # 3 Exhibit Employee Two-year Chart Beginning August 14 3024, # 4 Exhibit Death Certificate, # 5 Exhibit Notice to Creditors., # 6 Exhibit Copy of DBR Publication of Notice to Creditors, # 7 Exhibit Notice to creditors, # 8 Exhibit 161206 Defendants
Unopposed MOTION for Extension of Time to file Final Dismissal Documents re 16 Order Dismissing Case, by Panceta C White. Responses due by 1/20/2017 (Storch, Noah) (Entered: 01/06/2017)
ORDER ON NOTICE OF SETTLEMENT AND DENYING ALL PENDING MOTIONS AS MOOT Motions terminated: 11 Motion to Dismiss for Failure to State a Claim MOTION for Summary Judgment filed by Stephen Carr Davis. Signed by Judge Jose E. Martinez on 12/19/2016. (yha) 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: 12/20/2016)
*ORDER, ( Telephone Conference set for 1/26/2017 02:00 PM in Miami Division before Magistrate Judge Jonathan Goodman.) Signed by Magistrate Judge Jonathan Goodman on 12/16/2016. (mso) (Entered: 12/16/2016)
RESPONSE to 9 Statement by Stephen Carr Davis. (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward., # 3 Exhibit Employee Two-year Chart Beginning August 14 3024.)(Amlong, William) (Entered: 12/13/2016)
Attachment 1 RESPONSE to 9 Statement by Stephen Carr Davis. (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward., # 3 Exhibit Employee Two-year Chart Beginning August 14 3024.)(Amlong, William) (Entered: 12/13/2016)
Attachment 2 RESPONSE to 9 Statement by Stephen Carr Davis. (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward., # 3 Exhibit Employee Two-year Chart Beginning August 14 3024.)(Amlong, William) (Entered: 12/13/2016)
Attachment 3 RESPONSE to 9 Statement by Stephen Carr Davis. (Attachments: # 1 Exhibit Post Independent Contractor Chart Beginning July 6, 2014, # 2 Exhibit Employee Three Year Chart Beginning January 1 2013 forward., # 3 Exhibit Employee Two-year Chart Beginning August 14 3024.)(Amlong, William) (Entered: 12/13/2016)
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Preliminary Status Conference Signed by Judge Jose E. Martinez on 12/7/2016. (yha) (Entered: 12/08/2016)
Motion to Dismiss for Failure to State a Claim or Alternatively, Motion for Summary Judgment by Stephen Carr Davis. Attorney William Robert Amlong added to party Stephen Carr Davis(pty:dft). (Attachments: # 1 Exhibit Death Certificate, # 2 Exhibit Notice to Creditors, # 3 Exhibit DBR Publication, # 4 Exhibit Cetified Letter, # 5 Exhibit Probate Docket)(Amlong, William) Modified to convert to Motion on 12/7/2016 (yha). Added MOTION for Summary Judgment on 12/7/2016 (yha). (Entered: 12/06/2016)
Attachment 1 Motion to Dismiss for Failure to State a Claim or Alternatively, Motion for Summary Judgment by Stephen Carr Davis. Attorney William Robert Amlong added to party Stephen Carr Davis(pty:dft). (Attachments: # 1 Exhibit Death Certificate, # 2 Exhibit Notice to Creditors, # 3 Exhibit DBR Publication, # 4 Exhibit Cetified Letter, # 5 Exhibit Probate Docket)(Amlong, William) Modified to convert to Motion on 12/7/2016 (yha). Added MOTION for Summary Judgment on 12/7/2016 (yha). (Entered: 12/06/2016)
Attachment 2 Motion to Dismiss for Failure to State a Claim or Alternatively, Motion for Summary Judgment by Stephen Carr Davis. Attorney William Robert Amlong added to party Stephen Carr Davis(pty:dft). (Attachments: # 1 Exhibit Death Certificate, # 2 Exhibit Notice to Creditors, # 3 Exhibit DBR Publication, # 4 Exhibit Cetified Letter, # 5 Exhibit Probate Docket)(Amlong, William) Modified to convert to Motion on 12/7/2016 (yha). Added MOTION for Summary Judgment on 12/7/2016 (yha). (Entered: 12/06/2016)
Attachment 3 Motion to Dismiss for Failure to State a Claim or Alternatively, Motion for Summary Judgment by Stephen Carr Davis. Attorney William Robert Amlong added to party Stephen Carr Davis(pty:dft). (Attachments: # 1 Exhibit Death Certificate, # 2 Exhibit Notice to Creditors, # 3 Exhibit DBR Publication, # 4 Exhibit Cetified Letter, # 5 Exhibit Probate Docket)(Amlong, William) Modified to convert to Motion on 12/7/2016 (yha). Added MOTION for Summary Judgment on 12/7/2016 (yha). (Entered: 12/06/2016)
Attachment 4 Motion to Dismiss for Failure to State a Claim or Alternatively, Motion for Summary Judgment by Stephen Carr Davis. Attorney William Robert Amlong added to party Stephen Carr Davis(pty:dft). (Attachments: # 1 Exhibit Death Certificate, # 2 Exhibit Notice to Creditors, # 3 Exhibit DBR Publication, # 4 Exhibit Cetified Letter, # 5 Exhibit Probate Docket)(Amlong, William) Modified to convert to Motion on 12/7/2016 (yha). Added MOTION for Summary Judgment on 12/7/2016 (yha). (Entered: 12/06/2016)
Attachment 5 Motion to Dismiss for Failure to State a Claim or Alternatively, Motion for Summary Judgment by Stephen Carr Davis. Attorney William Robert Amlong added to party Stephen Carr Davis(pty:dft). (Attachments: # 1 Exhibit Death Certificate, # 2 Exhibit Notice to Creditors, # 3 Exhibit DBR Publication, # 4 Exhibit Cetified Letter, # 5 Exhibit Probate Docket)(Amlong, William) Modified to convert to Motion on 12/7/2016 (yha). Added MOTION for Summary Judgment on 12/7/2016 (yha). (Entered: 12/06/2016)
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Panceta C White. Stephen Carr Davis served on 11/15/2016, answer due 12/6/2016. (Celler, Richard) (Entered: 11/18/2016)
NOTICE OF COURT PRACTICES IN FLSA CASES AND REFERRING CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE Signed by Judge Jose E. Martinez on 9/1/2016. (yha) (Entered: 09/01/2016)
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. (fbn) (Entered: 08/30/2016)
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