Civil Case Terminated. Closing Case. (cce) 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.
35
Filed: 12/7/2017, Entered: 12/7/2017
PAPERLESS ORDER. THIS CAUSE comes before the Court upon a sua sponte examination of the record. On November 6, 2017, the Court granted Plaintiff's Counsel's Motion to Withdraw and ordered Plaintiff to inform the Court whether he has obtained counsel or intends to proceed pro se 33 . Plaintiff has not expressed to the Court an intent to proceed with the action---either through counsel or pro se---and the deadline to do so has passed. Consequently, UPON CONSIDERATION of the pertinent portions of the record and being otherwise fully advised in the premises, the case is hereby DISMISSED WITHOUT PREJUDICE for failure to prosecute. The Clerk of Court is instructed to CLOSE the case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 12/7/2017. (cce)
34
Filed: 11/7/2017, Entered: 11/7/2017
CLERK'S PAPERLESS NOTICE of Compliance re 33 Order on Motion to Withdraw as Attorney. The Clerk has mailed this Order to both of the Plaintiff's last known addresses: 842 SW 104 Ave. Miami, FL 33174 and 10752 SW 3rd St. Apt. 3, Miami, FL 33174. (mailed on 11/7/2017) (ail)
33
Filed: 11/6/2017, Entered: 11/6/2017
PAPERLESS ORDER. THIS CAUSE came before the Court upon J.H. Ziddell, P.A.'s Motion to Withdraw as Counsel for Plaintiff 32 . UPON CONSIDERATION of the Motion 32 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 32 is GRANTED. Within thirty (30) days of this Order, Plaintiff 157C618 shall advise the Court whether he has obtained counsel or intends to proceed pro se. The Clerk shall serve this Order on Plaintiff at his last known addresses: 842 SW 104 Ave. Miami, FL 33174 and 10752 SW 3rd St. Apt. 3, Miami, FL 33174. Signed by Chief Judge K. Michael Moore on 11/6/2017. (cce)
MOTION to Withdraw as Attorney by J.H. Zidell, P.A.. by 157C618. Attorney Adam Berman added to party 157C618(pty:pla). Responses due by 11/17/2017 (Berman, Adam)
PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Andrea M. Simonton: Telephone Conference re Settlement Conference held on 10/23/2017. Settlement conference cannot proceed without plaintiff due to his absence and/or unavailability and counsel's inability to reach him. Plaintiff renewes its motion for a 30 day continuance. Court denies motion. Attorney Appearances: Joshua Howard Sheskin, Rivkah Fay Jaff. Other Appearances: Defendants 60182DB, 8A9A0C9, and Interpreter, Maria Marcillo. (Digital 20171023 - 101304) (rg1)
30
Filed: 10/20/2017, Entered: 10/20/2017
DOCKET ENTRY ORDER denying 27 Motion to Continue. Pursuant to the telephonic conference with Counsel held on October 20, 2017, and based upon Plaintiff's Counsel's representation that Plaintiff's Counsel has been unable to contact the Plaintiff, as ordered at the telephonic conference, a telephonic settlement conference/status conference will be held on Monday, October 23, 2017 at 10:00 a.m. At that time, Counsel for the Defendants, the Defendants and Plaintiff's 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. If Plaintiff's Counsel is able to contact the Plaintiff and/or Plaintiff appears in-person for the currently scheduled Settlement Conference, all Parties and their Counsel shall be required to report for an in-person Settlement Conference as soon as practicable, as previously scheduled. Signed by Ch. Magistrate Judge Andrea M. Simonton on 10/20/2017. (par) Modified to correct typographical error on 10/23/2017 (AMS).
29
Filed: 10/20/2017, Entered: 10/20/2017
PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Andrea M. Simonton: Telephonic Motion Hearing held on 10/20/2017 re 27 Plaintiff's MOTION to Continue /Reset Settlement Conference - EXPEDITED re 16 Order, Set/Reset Hearings, Set/Reset Deadlines filed by 157C618. Telephonic Attorney Appearance(s): Adi Amit, Rivkah Fay Jaff. Oral arguments heard. (Telephone Conference set for 10/23/2017 10:00 AM in Miami Division before Ch. Magistrate Judge Andrea M. Simonton.). (Digital 15:36:43 - 15:53:54) (aw)
Plaintiff's MOTION to Continue /Reset Settlement Conferece - EXPEDITED re 16 Order, Set/Reset Hearings, Set/Reset Deadlines by 157C618. Attorney Rivkah Fay Jaff added to party 157C618(pty:pla). Responses due by 11/3/2017 (Jaff, Rivkah)
DOCKET ENTRY ORDER directing Defendants to file an Amended Response to Plaintiff's Statement of Claim. The Defendants have filed a Response that fails to comply with the undersigned's Order Scheduling Settlement Conference which requires that the Defendants' response "include a chart which sets forth the money paid to the Plaintiff on a weekly basis, the hours worked per workweek, and a description of how the payment was calculated including rate of pay, estimated if necessary." ECF No. 17 at 1. The Defendants' Response fails to provide a chart or any calculations, estimates or dates that the Plaintiff worked. Accordingly, by 5:00 p.m. on Friday, October 20, 2017, the Defendants shall file an amended response to the Statement of Claim that complies with the undersigned's Order. Signed by Ch. Magistrate Judge Andrea M. Simonton on 10/19/2017. (par)
25
Filed: 10/4/2017, Entered: 10/4/2017
DOCKET ENTRY ORDER denying as moot 15 Motion for Extension of Time to Set Date of Settlement Conference. The undersigned Magistrate Judge has entered an Order setting the settlement conference consistent with the court's and the parties' availability and therefore an extension is not necessary. Signed by Ch. Magistrate Judge Andrea M. Simonton on 10/4/2017. (AMS)
NOTICE of Attorney Appearance by Joshua Howard Sheskin on behalf of 60182DB, Extreme Security Group Inc., 8A9A0C9. Attorney Joshua Howard Sheskin added to party 60182DB(pty:dft), Attorney Joshua Howard Sheskin added to party Extreme Security Group Inc.(pty:dft), Attorney Joshua Howard Sheskin added to party 8A9A0C9(pty:dft). (Sheskin, Joshua)
NOTICE of Striking 18 Certificate of Interested Parties/Corporate Disclosure Statement filed by 8A9A0C9, Extreme Security Group Inc., 60182DB by 60182DB, Extreme Security Group Inc., 8A9A0C9 (Amit, Adi)
Clerks Notice to Filer re 18 Certificate of Interested Parties/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (asl)
STRICKEN Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by 60182DB, Extreme Security Group Inc., 8A9A0C9 (Amit, Adi) Modified to strike per 20 Notice of Striking on 9/27/2017 (asl).
CLERK'S NOTICE re 16 ORDER Setting Settlement Conference for Monday, October 23, 2017 at 10:00 AM. (See Order For Details). Signed by Ch. Magistrate Judge Andrea M. Simonton on 9/18/2017. Corrected Order Attached reflecting correct District Judge. (par)
ORDER Setting Settlement Conference for Monday, October 23, 2017 at 10:00 AM. (See Order For Details). Signed by Ch. Magistrate Judge Andrea M. Simonton on 9/18/2017. (par)
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by 157C618. 8A9A0C9 served on 7/21/2017, answer due 8/11/2017. (Zidell, Jamie)
NOTICE of Attorney Appearance by Bruno Andre Garofalo on behalf of 157C618. Attorney Bruno Andre Garofalo added to party 157C618(pty:pla). (Garofalo, Bruno)
NOTICE of Attorney Appearance by Natalie Ann Staroschak on behalf of 157C618. Attorney Natalie Ann Staroschak added to party 157C618(pty:pla). (Staroschak, Natalie)
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. ยง 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 7/13/2017. (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 7/13/2017. (aby)
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. (lrz1)
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