ORDER APPROVING FLSA SETTLEMENT AND DISMISSING CASE. Signed by Ch. Magistrate Judge Andrea M. Simonton on 1/10/2018. (par) 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 35 Amended Complaint Upon Settlement ( Responses due by 1/16/2018), Joint MOTION for Settlement ( Responses due by 1/16/2018), Joint MOTION Complaint Upon Approval re 35 Amended Complaint for Approval by C803DD1. (Attachments: # 1 Exhibit P Signature, # 2 Exhibit D Signature)(Kelly, K.)
Order Setting Pretrial And Trial Dates And Establishing Pretrial Procedures: ( Pretrial Conference set for 11/16/2018 02:00 PM in Miami Division before Ch. Magistrate Judge Andrea M. Simonton., Jury Trial set for 11/26/2018 09:00 AM before Ch. Magistrate Judge Andrea M. Simonton., Amended Pleadings due by 5/1/2018., Discovery due by 7/20/2018., Expert Discovery due by 8/3/2018., Joinder of Parties due by 5/1/2018., In Limine Motions due by 9/4/2018., Dispositive Motions due by 8/17/2018., Motions due by 8/17/2018., Pretrial Stipulation due by 9/4/2018.) Mediation Deadline 6/4/2018. Signed by Ch. Magistrate Judge Andrea M. Simonton on 12/14/2017. (vmz) 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.
PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Andrea M. Simonton: Telephonic Status and Scheduling Conference held on 11/15/2017. Telephonic Attorney Appearance(s): Adam Berman, Daniel Loren Leyton. The parties joint scheduling report addressed. The Court's discovery procedures addressed. Written scheduling order to follow. (Digital 15:35:33 - 15:41:58) (aw)
ORDER Setting Telephonic Status Conference for Wednesday, November 15, 2017 at 3:00 PM before Ch. Magistrate Judge Andrea M. Simonton. Signed by Ch. Magistrate Judge Andrea M. Simonton on 10/31/2017. (par)
NOTICE by A & A Holdings of South Florida, Inc., ACEFAF5, D.D.S., P.A, DENTAL COSMETICS OF FLORIDA, P.A, DR. ACEFAF5 or 94B4550 DENTAL CENTER, P.A, Naranja Shopping Center Inc., 94B4550F5 Notice of Filing Responses (Leyton, Daniel)
DOCKET ENTRY ORDER granting 39 Motion for Extension of Time to Complete Discovery. The Defendants shall respond on or before October 18, 2017. Signed by Ch. Magistrate Judge Andrea M. Simonton on 10/17/2017. (AMS)
Clerks Notice to Filer re 39 Second MOTION for Extension of Time Extension to deadline to respond to Plaintiffs pending discovery. MOTION FOR EXTENSION OF TIME. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
Motion for Extension of Time to Complete Discovery/Respond to Pending Discovery by A & A Holdings of South Florida, Inc., ACEFAF5, D.D.S., P.A, DENTAL COSMETICS OF FLORIDA, P.A, DR. ACEFAF5 or 94B4550 DENTAL CENTER, P.A, Naranja Shopping Center Inc., 94B4550F5. Responses due by 10/27/2017 (Leyton, Daniel) Modified Relief on 10/16/2017 (ls).
DOCKET ENTRY ORDER granting 37 Unopposed Motion for Extension of Time for Defendants to respond to outstanding discovery requests. The Defendants shall respond on or before October 13, 2017. Signed by Ch. Magistrate Judge Andrea M. Simonton on 10/4/2017. (AMS)
MOTION for Extension of Time respond to Plaintiffs pending discovery by ACEFAF5, D.D.S., P.A. Responses due by 9/20/2017 (Attachments: # 1 Text of Proposed Order Proposed Order)(Leyton, Daniel)
ANSWER and Affirmative Defenses to Amended Complaint by A & A Holdings of South Florida, Inc., ACEFAF5, D.D.S., P.A, DENTAL COSMETICS OF FLORIDA, P.A, DR. 94B4550 or ACEFAF5 DENTAL CENTER, P.A, Naranja Shopping Center Inc., 94B4550F5. Attorney Daniel Loren Leyton added to party A & A Holdings of South Florida, Inc.(pty:dft), Attorney Daniel Loren Leyton added to party Naranja Shopping Center Inc.(pty:dft). (Leyton, Daniel)
DOCKET ENTRY ORDER granting 32 Defendants' Unopposed Motion for Extension of Time to File their response to the Amended Complaint. The Defendants may file their responses fourteen (14) days after the Second Amended Complaint is filed. Signed by Ch. Magistrate Judge Andrea M. Simonton on 8/16/2017. (AMS)
Clerks Notice to Filer re 32 MOTION for Extension of Time to file response to amended complaint . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
Unopposed Motion for Extension of Time to File Response/Reply/Answer as to 27 Amended Complaint by ACEFAF5, D.D.S., P.A. Responses due by 8/29/2017 (Attachments: # 1 Text of Proposed Order)(Leyton, Daniel) Modified Relief on 8/16/2017 (ls).
DOCKET ENTRY ORDER granting 30 Plaintiff's unopposed Motion to file a Second Amended Complaint. The Plaintiff must separately re-file the amended pleading on or before August 22, 2017, pursuant to Local Rule 15.1. Amended Complaint due by 8/22/2017. Signed by Ch. Magistrate Judge Andrea M. Simonton on 8/15/2017. (AMS)
Unopposed MOTION to Amend/Correct Complaint by C803DD1. Responses due by 8/15/2017 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Staroschak, Natalie)
First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by C803DD1. (Attachments: # 1 Summon(s))(Staroschak, Natalie)
DOCKET ENTRY ORDER granting 21 Plaintiff's Unopposed Motion to file an amended Complaint. The Amended Complaint shall be filed on or before August 1, 2017. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Ch. Magistrate Judge Andrea M. Simonton on 7/25/2017. (AMS)
PAPERLESS ORDER REASSIGNING CASE. PURSUANT to 28 U.S.C. § 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' Notice and Consent to Jurisdiction 23 , the above-captioned cause is referred entirely to United States Magistrate Andrea M. Simonton to take all necessary and proper action as required by law, including, if necessary, the conduct of a jury or non-jury trial, and final judgment, in accordance with 28 U.S.C. § 636(c). In the course of conducting any such proceedings, Magistrate Judge Simonton may hear and determine any and all pre-trial and post-trial motions which are filed by the parties, including case-dispositive motions. Signed by Chief Judge K. Michael Moore on 7/21/2017. (aby)
Unopposed MOTION to Amend/Correct Complaint by C803DD1. Responses due by 7/12/2017 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Staroschak, Natalie)
PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Andrea M. Simonton: Settlement Conference held on 6/23/2017. Attorney Appearance(s): Natalie Ann Staroschak, along with her client (C803DD1) and Spanish Interpreter (Maria Marcillo), appeared at this conference. Daniel Loren Leyton, along with his clients (Dr. ACEFAF5, Corp. Rep) and (94B4550), appeared at this conference. The parties were unable to reach a settlement agreement in this matter. (Digital 09:39:17) (aw)
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by C803DD1. 94B4550 served on 6/15/2017, answer due 7/6/2017; ACEFAF5 served on 6/15/2017, answer due 7/6/2017. (Zidell, Jamie)
Defendant's RESPONSE to 10 Statement of Claim by ACEFAF5, D.D.S., P.A, DENTAL COSMETICS OF FLORIDA, P.A, DR. ACEFAF5 or 94B4550 DENTAL CENTER, P.A, 94B4550F5. (Leyton, Daniel)
ORDER Setting Settlement Conference for Friday, June 23, 2017 at 9:00 AM before Ch. Magistrate Judge Andrea M. Simonton. (SEE ORDER FOR DETAILS). Signed by Ch. Magistrate Judge Andrea M. Simonton on 6/1/2017. (par)
ANSWER and Affirmative Defenses to Complaint by ACEFAF5, D.D.S., P.A, DENTAL COSMETICS OF FLORIDA, P.A, DR. ACEFAF5 or 94B4550 DENTAL CENTER, P.A, 94B4550F5. (Leyton, Daniel)
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' 12 Unopposed Motion for an Extension of Time to respond to Plaintiff's Complaint 1 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Defendants shall respond to the Complaint on or before May 29, 2017. Signed by Chief Judge K. Michael Moore on 5/18/2017. (aby)
MOTION for Extension of Time to respond to complaint by ACEFAF5, D.D.S., P.A, DENTAL COSMETICS OF FLORIDA, P.A, DR. ACEFAF5 or 94B4550 DENTAL CENTER, P.A, 94B4550F5. Attorney Daniel Loren Leyton added to party ACEFAF5, D.D.S., P.A(pty:dft), Attorney Daniel Loren Leyton added to party DENTAL COSMETICS OF FLORIDA, P.A(pty:dft), Attorney Daniel Loren Leyton added to party DR. ACEFAF5 or 94B4550 DENTAL CENTER, P.A(pty:dft), Attorney Daniel Loren Leyton added to party 94B4550(pty:dft), Attorney Daniel Loren Leyton added to party ACEFAF5(pty:dft). Responses due by 5/31/2017 (Attachments: # 1 Text of Proposed Order Order)(Leyton, Daniel)
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by C803DD1. ACEFAF5, D.D.S., P.A served on 4/26/2017, answer due 5/17/2017; DENTAL COSMETICS OF FLORIDA, P.A served on 4/26/2017, answer due 5/17/2017; DR. 94B4550 or ACEFAF5 DENTAL CENTER, P.A served on 4/26/2017, answer due 5/17/2017. (Zidell, Jamie)
NOTICE of Attorney Appearance by Bruno Andre Garofalo on behalf of C803DD1. Attorney Bruno Andre Garofalo added to party C803DD1 (pty:pla). (Garofalo, Bruno)
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO 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. Simonton's 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 4/26/2017. (aby)
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 4/26/2017. (aby)
NOTICE of Attorney Appearance by Natalie Ann Staroschak on behalf of C803DD1. Attorney Natalie Ann Staroschak added to party C803DD1 (pty:pla). (Staroschak, Natalie)
Clerks Notice pursuant to 28 USC 636(c). 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 attached form. It is not necessary to file a document indicating lack of consent. (fbn)
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