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Filed: 10/12/2016, Entered: None |
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Set/Reset Scheduling Order Deadlines: Mediation Deadline 2/3/2017. (dp)
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| 41 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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ORDER approving FLSA settlement. The Clerk is directed to CLOSE THIS CASE and deny all pending motions as moot. Signed by Magistrate Judge Jonathan Goodman on 11/10/2016. (jf00) (Entered: 11/10/2016)
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| 40 |
Filed: 11/9/2016, Entered: 11/9/2016 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Fairness Hearing held on 11/9/2016. Total time in court: 10 minutes. Attorney Appearance(s): Kenneth Louis Minerley, Brody Max Shulman, (Digital 14:45:30) (mso) (Entered: 11/09/2016)
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| 39 |
Filed: 11/4/2016, Entered: 11/4/2016 |
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NOTICE by CHRISTIAN YAVAR re 38 Endorsed Order,,,, Set/Reset Hearings,,, OF FILING SUPPORTING DOCUMENTATION (Attachments: # 1 Exhibit A - Retainer Agreement, # 2 Exhibit B - Attorney Timesheet, # 3 Exhibit C - Costs) (Shulman, Brody) (Entered: 11/04/2016)
- Attachment 1 NOTICE by CHRISTIAN YAVAR re 38 Endorsed Order,,,, Set/Reset Hearings,,, OF FILING SUPPORTING DOCUMENTATION (Attachments: # 1 Exhibit A - Retainer Agreement, # 2 Exhibit B - Attorney Timesheet, # 3 Exhibit C - Costs) (Shulman, Brody) (Entered: 11/04/2016)
- Attachment 2 NOTICE by CHRISTIAN YAVAR re 38 Endorsed Order,,,, Set/Reset Hearings,,, OF FILING SUPPORTING DOCUMENTATION (Attachments: # 1 Exhibit A - Retainer Agreement, # 2 Exhibit B - Attorney Timesheet, # 3 Exhibit C - Costs) (Shulman, Brody) (Entered: 11/04/2016)
- Attachment 3 NOTICE by CHRISTIAN YAVAR re 38 Endorsed Order,,,, Set/Reset Hearings,,, OF FILING SUPPORTING DOCUMENTATION (Attachments: # 1 Exhibit A - Retainer Agreement, # 2 Exhibit B - Attorney Timesheet, # 3 Exhibit C - Costs) (Shulman, Brody) (Entered: 11/04/2016)
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| 38 |
Filed: 11/4/2016, Entered: 11/4/2016 |
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ENDORSED ORDER scheduling a Telephonic Fairness Hearing for Wednesday, November 9, 2016 at 2:45 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 11/4/2016. (jf00) (Entered: 11/04/2016)
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| 37 |
Filed: 11/3/2016, Entered: 11/3/2016 |
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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 Jurisdiction by a United States Magistrate Judge 36, filed on November 2, 2016. The parties have stipulated to the full exercise of jurisdiction by a United States Magistrate Judge 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 11/3/2016. (gie) (Entered: 11/03/2016)
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| 36 |
Filed: 11/2/2016, Entered: 11/2/2016 |
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Joint Notice and Consent to Jurisdiction US Magistrate Judge for Hearing . Filed by CHRISTIAN YAVAR (Shulman, Brody) (Entered: 11/02/2016)
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| 35 |
Filed: 11/2/2016, Entered: 11/2/2016 |
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ORDER DISMISSING CASE WITHOUT PREJUDICE. On November 1, 2016, Judge Goodman held a settlement conference during which the Parties settled their claims. (See D.E. 34.) 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 11/2/2016. (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: 11/02/2016)
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| 34 |
Filed: 11/1/2016, Entered: 11/1/2016 |
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Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 11/1/2016. **CASE SETTLED** Court read the terms of the settlement agreement into the record. All parties were in agreement to the terms as read by the Court. (Digital 09:31:41 and 13:12:22.) (mso) (Entered: 11/01/2016)
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| 33 |
Filed: 10/27/2016, Entered: 10/27/2016 |
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ORDER Scheduling Mediation with Neil Flaxman. Mediation Deadline 2/3/2017. Mediation Hearing set for 12/12/2016 10:00 AM. Signed by Judge Joan A. Lenard on 10/27/17. (dp) (Entered: 10/27/2016)
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| 32 |
Filed: 10/20/2016, Entered: 10/20/2016 |
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Clerks Notice to Filer re 31 Notice of Mediation Hearing. Mediator Not Added; ERROR - The Filer failed to add all parties/mediator. Filer is instructed to file a Notice of Entry of Parties and add the additional parties/mediator. (asl) (Entered: 10/20/2016)
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| 31 |
Filed: 10/20/2016, Entered: 10/20/2016 |
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Notice of Mediation Hearing before Mediator, Neil Flaxman filed by CHRISTIAN YAVAR. Mediation Hearing set for 12/12/2016 10:00 AM (Attachments: # 1 Text of Proposed Order)(Remer, Jason) (Entered: 10/20/2016)
- Attachment 1 Notice of Mediation Hearing before Mediator, Neil Flaxman filed by CHRISTIAN YAVAR. Mediation Hearing set for 12/12/2016 10:00 AM (Attachments: # 1 Text of Proposed Order)(Remer, Jason) (Entered: 10/20/2016)
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| 30 |
Filed: 10/12/2016, Entered: 10/12/2016 |
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Clerks Notice of Docket Correction. D.E. 29 contains erroneous Mediation deadline. Per Scheduling Order, Mediation deadline is February 3, 2017. (dp) (Entered: 10/12/2016)
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| 29 |
Filed: 10/12/2016, Entered: 10/12/2016 |
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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 4/7/2017. Signed by Judge Joan A. Lenard on 10/12/16. (Attachments: # 1 Appendix) (dp) (Entered: 10/12/2016)
- Attachment 1 ORDER of Referral to Mediation and Directing Plaintiff's Counsel to Submit (Within Fourteen Days) Proposed Order Scheduling Mediation. Mediation Deadline 4/7/2017. Signed by Judge Joan A. Lenard on 10/12/16. (Attachments: # 1 Appendix) (dp) (Entered: 10/12/2016)
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| 28 |
Filed: 10/12/2016, Entered: 10/12/2016 |
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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 8/14/2017 04:30 PM in Miami Division before Judge Joan A. Lenard. Jury Trial set for 9/5/2017 09:00 AM in Miami Division before Judge Joan A. Lenard. Calendar Call set for 8/30/2017 04:00 PM in Miami Division before Judge Joan A. Lenard. Amended Pleadings due by 9/16/2016. Expert Discovery due by 1/19/2017. Fact Discovery due by 3/17/2017. Joinder of Parties due by 9/16/2016. Mediation Deadline 2/3/2017. In Limine Motions due by 7/3/2017. Dispositive Motions due by 4/7/2017. Pretrial Stipulation due by 7/17/2017. Signed by Judge Joan A. Lenard on 10/12/16. (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: 10/12/2016)
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| 27 |
Filed: 10/4/2016, Entered: 10/4/2016 |
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ORDER setting Scheduling Conference for 11/1/2016 at 9:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 10/4/2016. (jf00) (Entered: 10/04/2016)
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| 26 |
Filed: 10/4/2016, Entered: 10/4/2016 |
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NOTICE of Compliance by CHRISTIAN YAVAR re 25 Order to Show Cause,,,,, (Shulman, Brody) (Entered: 10/04/2016)
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| 25 |
Filed: 10/4/2016, Entered: 10/4/2016 |
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ORDER TO SHOW CAUSE. On August 15, 2016, the Court issued a 6 Notice of Court Procedure in Actions Brought under the Fair Labor Standards Act and Referral to Magistrate Judge for Settlement Conference. Therein, the Parties were Ordered to submit to a settlement conference before Magistrate Judge Jonathan Goodman "to occur within twenty (20) days of Defendant filing its Response to Plaintiff's Statement of Claim. Counsel shall confer and contact Magistrate Judge Goodman's Chambers prior to the due date for Defendant's Response to Plaintiff's Statement of Claim in order to schedule the settlement conference." (Emphasis in original.) Defendants filed their Response to Plaintiff's Statement of Claim on September 13, 2016; however, to date, the Parties have not submitted to a settlement conference before Judge Goodman, nor contacted Judge Goodman's chambers to schedule one. Accordingly, it is ORDERED AND ADJUDGED that on or before October 6, 2016, the Parties shall confer and contact Judge Goodman's Chambers to schedule a settlement conference or show cause why this action should not be dismissed for failure to comply with the Court's Orders. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 10/4/2016. (gie) (Entered: 10/04/2016)
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| 24 |
Filed: 9/14/2016, Entered: 9/14/2016 |
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Clerks Notice of Docket Correction re 22 Order Referring Case to Judge. Correction: Image repaced with dated copy; SEE ATTACHED. (ail) (Entered: 09/14/2016)
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| 23 |
Filed: 9/13/2016, Entered: 9/14/2016 |
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CASE REFERRED to Magistrate Judge Jonathan Goodman. SEE DE 22 ORDER (ail) (Entered: 09/14/2016)
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| 22 |
Filed: 9/13/2016, Entered: 9/13/2016 |
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ORDER Referring Case to Magistrate Judge Jonathan Goodman for Pretrial Dispositive Matters. Signed by Judge Joan A. Lenard on 9/13/2016. (dp) (Main Document 22 replaced with signed copy on 9/14/2016) (ail). (Entered: 09/13/2016)
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| 21 |
Filed: 9/13/2016, Entered: 9/13/2016 |
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RESPONSE to 11 Statement of Claim by Gilbert Amsellem, Harbor Pita, Inc.. (Minerley, Kenneth) (Entered: 09/13/2016)
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| 20 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by CHRISTIAN YAVAR (Shulman, Brody) (Entered: 09/12/2016)
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| 19 |
Filed: 9/7/2016, Entered: 9/7/2016 |
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Joint SCHEDULING REPORT - Rule 16.1 by CHRISTIAN YAVAR (Attachments: # 1 Exhibit A - Joint Proposed Schedule)(Shulman, Brody) (Entered: 09/07/2016)
- Attachment 1 Joint SCHEDULING REPORT - Rule 16.1 by CHRISTIAN YAVAR (Attachments: # 1 Exhibit A - Joint Proposed Schedule)(Shulman, Brody) (Entered: 09/07/2016)
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| 18 |
Filed: 9/6/2016, Entered: 9/6/2016 |
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ORDER DENYING AS MOOT 9 Defendants' Motion to Dismiss in light of the subsequently-filed 12 First Amended Complaint. 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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| 17 |
Filed: 9/2/2016, Entered: 9/2/2016 |
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Defendants' ANSWER and Affirmative Defenses to Amended Complaint by Gilbert Amsellem, Harbor Pita, Inc.. (Minerley, Kenneth) (Entered: 09/02/2016)
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| 16 |
Filed: 8/30/2016, Entered: 8/30/2016 |
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NOTICE by Gilbert Amsellem, Harbor Pita, Inc. re 15 Status Report of Filing Exhibits (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Griffin, Stephanie) (Entered: 08/30/2016)
- Attachment 1 NOTICE by Gilbert Amsellem, Harbor Pita, Inc. re 15 Status Report of Filing Exhibits (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Griffin, Stephanie) (Entered: 08/30/2016)
- Attachment 2 NOTICE by Gilbert Amsellem, Harbor Pita, Inc. re 15 Status Report of Filing Exhibits (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Griffin, Stephanie) (Entered: 08/30/2016)
- Attachment 3 NOTICE by Gilbert Amsellem, Harbor Pita, Inc. re 15 Status Report of Filing Exhibits (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Griffin, Stephanie) (Entered: 08/30/2016)
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| 15 |
Filed: 8/30/2016, Entered: 8/30/2016 |
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STATUS REPORT of Removal by Gilbert Amsellem, Harbor Pita, Inc. (Minerley, Kenneth) (Entered: 08/30/2016)
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| 14 |
Filed: 8/29/2016, Entered: 8/29/2016 |
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Certificate of Interested Parties/Corporate Disclosure Statement by Gilbert Amsellem, Harbor Pita, Inc. identifying Other Affiliate Kenneth Louis Minerley, Other Affiliate Jason S. Remer, Other Affiliate brody shulman, Other Affiliate Chantal Amsellem, Other Affiliate Stephanie Griffin for Gilbert Amsellem, Harbor Pita, Inc. (Griffin, Stephanie) (Entered: 08/29/2016)
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| 13 |
Filed: 8/24/2016, Entered: 8/24/2016 |
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NOTICE of Compliance by CHRISTIAN YAVAR re 6 Order Referring Case to Judge, Notice of Court Practice (Shulman, Brody) (Entered: 08/24/2016)
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| 12 |
Filed: 8/24/2016, Entered: 8/24/2016 |
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First AMENDED COMPLAINT against All Defendants, filed by CHRISTIAN YAVAR.(Shulman, Brody) (Entered: 08/24/2016)
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| 11 |
Filed: 8/24/2016, Entered: 8/24/2016 |
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Statement of: OF CLAIM by CHRISTIAN YAVAR re 6 Order Referring Case to Judge, Notice of Court Practice (Shulman, Brody) (Entered: 08/24/2016)
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| 10 |
Filed: 8/18/2016, Entered: 8/18/2016 |
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Certificate of Interested Parties by CHRISTIAN YAVAR (Shulman, Brody) (Entered: 08/18/2016)
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| 9 |
Filed: 8/16/2016, Entered: 8/16/2016 |
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MOTION TO DISMISS 1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM [D.E 1.1] by Gilbert Amsellem, Harbor Pita, Inc.. Attorney Stephanie Ann Griffin added to party Gilbert Amsellem(pty:dft), Attorney Stephanie Ann Griffin added to party Harbor Pita, Inc.(pty:dft). Responses due by 9/2/2016 (Griffin, Stephanie) (Entered: 08/16/2016)
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| 8 |
Filed: 8/15/2016, Entered: 8/15/2016 |
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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 08/15/16. (dp) (Entered: 08/15/2016)
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| 7 |
Filed: 8/15/2016, Entered: 8/15/2016 |
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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 08/15/16. (Attachments: # 1 Appendix, # 2 Appendix) (dp) (Entered: 08/15/2016)
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| 6 |
Filed: 8/15/2016, Entered: 8/15/2016 |
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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 08/15/16. (dp) (Entered: 08/15/2016)
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| 5 |
Filed: 8/15/2016, Entered: 8/15/2016 |
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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 8/15/2016. (gie) (Entered: 08/15/2016)
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| 4 |
Filed: 8/12/2016, Entered: 8/12/2016 |
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NOTICE of Attorney Appearance by Brody Max Shulman on behalf of CHRISTIAN YAVAR. Attorney Brody Max Shulman added to party CHRISTIAN YAVAR(pty:pla). (Shulman, Brody) (Entered: 08/12/2016)
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| 3 |
Filed: 8/10/2016, Entered: 8/11/2016 |
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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. (srd) (Entered: 08/11/2016)
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| 2 |
Filed: 8/10/2016, Entered: 8/11/2016 |
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Judge Assignment to Judge Joan A. Lenard (srd) (Entered: 08/11/2016)
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| 1 |
Filed: 8/10/2016, Entered: 8/10/2016 |
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NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-8992747, filed by Gilbert Amsellem, HARBOR PITA, INC, d/b/a THE HARBOR GRILL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Minerley, Kenneth) (Entered: 08/10/2016)
- Attachment 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-8992747, filed by Gilbert Amsellem, HARBOR PITA, INC, d/b/a THE HARBOR GRILL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Minerley, Kenneth) (Entered: 08/10/2016)
- Attachment 2 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-8992747, filed by Gilbert Amsellem, HARBOR PITA, INC, d/b/a THE HARBOR GRILL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Minerley, Kenneth) (Entered: 08/10/2016)
- Attachment 3 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-8992747, filed by Gilbert Amsellem, HARBOR PITA, INC, d/b/a THE HARBOR GRILL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Minerley, Kenneth) (Entered: 08/10/2016)
- Attachment 4 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-8992747, filed by Gilbert Amsellem, HARBOR PITA, INC, d/b/a THE HARBOR GRILL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Minerley, Kenneth) (Entered: 08/10/2016)
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