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 56 |
Filed: 7/13/2018, Entered: 7/13/2018 |
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ORDER Adopting 55 Report and Recommendations and Granting 50 Joint Motion for Settlement. Signed by Judge Marcia G. Cooke on 7/13/2018. See attached document for full details. (chd)
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| 55 |
Filed: 7/2/2018, Entered: 7/2/2018 |
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REPORT AND RECOMMENDATIONS on FLSA Settlement. Objections to R&R due by 7/4/2018. Signed by Magistrate Judge Jonathan Goodman on 7/2/2018. (jdo)
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| 54 |
Filed: 7/2/2018, Entered: 7/2/2018 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Fairness Hearing held on 7/2/2018. Total time in court: 15 minutes. Attorney Appearance(s): Brian Jay Militzok, K. David Kelly, (Digital 14:33:07) (tb)
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| 53 |
Filed: 6/20/2018, Entered: 6/20/2018 |
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NOTICE of Compliance by 2C3BF80 re 52 Endorsed Order,,, Set/Reset Hearings,, (Attachments: # 1 Exhibit receipts, # 2 Exhibit ledger, # 3 Exhibit retainer) (Kelly, K.)
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| 52 |
Filed: 6/19/2018, Entered: 6/19/2018 |
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ENDORSED ORDER setting Telephonic Fairness Hearing for 7/2/2018 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Plaintiff is required to file the retainer agreement and her 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 her 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 6/19/2018. (jdo)
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| 51 |
Filed: 6/19/2018, Entered: 6/19/2018 |
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ORDER REFERRING 50 Joint Motion for Approval of Parties' Settlement Agreement and Stipulated Dismissal with Prejudice to Judge Goodman for a Report and Recommendation on the reasonableness of counsel's legal fees. Signed by Judge Marcia G. Cooke on 6/19/2018. (chd)
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| 50 |
Filed: 6/15/2018, Entered: 6/15/2018 |
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Joint MOTION for Settlement by 654DAD8C and G Supermarket Inc.. Responses due by 6/29/2018 (Attachments: # 1 Exhibit "A", # 2 Text of Proposed Order)(Militzok, Brian)
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Request |
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| 49 |
Filed: 6/13/2018, Entered: 6/13/2018 |
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NOTICE of Settlement (Joint) by 2C3BF80. Attorney Rivkah Fay Jaff added to party 2C3BF80(pty:pla). (Jaff, Rivkah)
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Request |
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| 48 |
Filed: 6/11/2018, Entered: 6/11/2018 |
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NOTICE by Neil Flaxman Notice of Cancellation of Mediation. Attorney Neil Flaxman added to party Neil Flaxman(pty:med). (Flaxman, Neil)
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| 47 |
Filed: 5/23/2018, Entered: 5/23/2018 |
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ENDORSED ORDER granting 44 Joint Motion for Enlargement of All Pre-Trial and Trial Deadlines. The trial and pretrial deadlines are amended as follows:August 6, 2018: All fact discovery must be completed. August 13, 2018: All dispositive and other pretrial motions not explicitly excluded by Local Rule 7.1(a)(1) must be filed. July 17, 2018: Plaintiff must furnish expert witness list to the Defendant, along with the summaries/reports required by Fed. R. Civ. P. 26(a)(2), and only those expert witnesses shall be permitted to testify. Within the fourteen-day period thereafter, Plaintiff shall make its experts available for deposition by Defendant. August 17, 2018: Defendant must furnish expert witness list to the Plaintiff, along with the summaries/reports required by Fed. R. Civ. P. 26(a)(2), and only those expert witnesses shall be permitted to testify. Within the fourteen-day period thereafter, Defendant shall make its experts available for deposition by Plaintiff. October 2, 2018: All expert discovery must be completed. October 16, 2018: All Daubert and Markman motions must be filed. September 4, 2018: The parties shall attend a mediation conference on or before this date.November 2, 2018: Joint Pretrial Stipulation and Joint Summary of Motions In Limine must be filed. November 16, 2018: Final proposed jury instructions, verdict form, trial witness list, and proposed voir dire questions are due. November 21, 2018: Calendar Call scheduled for 3:00 p.m. in Miami Division before Judge Marcia G. Cooke. The two-week trial period shall begin on November 26, 2018 at 9:30 a.m. in Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 5/23/2018. (ecz)
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| 46 |
Filed: 5/23/2018, Entered: 5/23/2018 |
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ENDORSED ORDER denying 38 Renewed Motion to Stay Discovery Pending Ruling of Defendants' Motion to Dismiss or Alternative Motion for Summary Judgment. A district court has broad discretion in determining whether a stay is appropriate. Clinton v. Jones, 520 U.S. 681, 706 (1997). A stay in this case would not conserve judicial resources. In the event that I do not grant the Defendants' motion to dismiss -- or if I grant a dismissal with leave to amend the complaint -- this action would be severely behind schedule. Additionally, a stay pending resolution of the motion to dismiss would stifle any settlement negotiations among the parties. Accordingly, Defendants' Motion is denied and discovery will proceed in this case. Defendants' request to limit the scope of discovery also is denied. Signed by Judge Marcia G. Cooke on 5/23/2018. (ecz)
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| 45 |
Filed: 5/14/2018, Entered: 5/14/2018 |
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RESPONSE in Opposition re 38 Renewed MOTION to Stay Discovery filed by 2C3BF80. Replies due by 5/21/2018. (Staroschak, Natalie)
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| 44 |
Filed: 5/14/2018, Entered: 5/14/2018 |
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Joint MOTION for Extension of Time of Discovery Cutoff Deadline by 2C3BF80. (Attachments: # 1 Text of Proposed Order)(Staroschak, Natalie)
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| 43 |
Filed: 5/11/2018, Entered: 5/11/2018 |
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NOTICE of Attorney Appearance by Natalie Ann Staroschak on behalf of 2C3BF80. Attorney Natalie Ann Staroschak added to party 2C3BF80(pty:pla). (Staroschak, Natalie)
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| 42 |
Filed: 5/9/2018, Entered: 5/9/2018 |
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ENDORSED ORDER Scheduling Mediation. The parties will attend a mediation conference in this matter with Mediator Neil Flaxman, Esq. on June 12, 2018 at 10:00 a.m. at Brickell Bayview Centre, 80 SW 8th Street, Suite 3100, Florida 33130. The parties shall not reschedule the conference outside of the mediation deadline set forth in the scheduling order without leave of the Court. Failure to comply with this Order may result in sanctions. Within five days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The Report shall also indicate whether the case settled (in full or in part), whether the parties consented to continue the mediation, or whether the mediator declared an impasse. Signed by Judge Marcia G. Cooke on 5/9/2018. (ecz)
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| 41 |
Filed: 5/8/2018, Entered: 5/8/2018 |
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NOTICE of Mediator Hearing. Mediation Hearing set for 6/12/18 at 10:00 a.m.. (Attachments: # 1 Text of Proposed Order)(Martinez-Maldonado, Alejandro)
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| 40 |
Filed: 5/2/2018, Entered: 5/2/2018 |
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NOTICE by 2C3BF80 re 39 Notification of Ninety Days Expiring, (Kelly, K.)
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| 39 |
Filed: 5/1/2018, Entered: 5/1/2018 |
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Notification of Ninety Days Expiring by 825768C8 and G Supermarket Inc. re 26 MOTION to Dismiss for Lack of Jurisdiction 21 Amended Complaint MOTION for Summary Judgment filed by M and G Supermarket Inc., 825768C (Militzok, Brian)
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| 38 |
Filed: 4/30/2018, Entered: 4/30/2018 |
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Renewed MOTION to Stay Discovery by 825768C8 and G Supermarket Inc.. Responses due by 5/14/2018 (Attachments: # 1 Text of Proposed Order)(Militzok, Brian)
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| 37 |
Filed: 4/23/2018, Entered: 4/23/2018 |
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Post-Discovery Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 4/23/2018. (jdo)
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| 36 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 4/20/2018. Total time in court: 27 minutes. Attorney Appearance(s): Brian Jay Militzok, K. David Kelly, (Digital 16:24:25) (mso)
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| 35 |
Filed: 3/30/2018, Entered: 3/30/2018 |
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ENDORSED ORDER granting 32 Motion for Leave to File what the Undersigned interprets as a motion to stay all discovery pending ruling on a dispositive motion. The Undersigned's Discovery Procedures Order does not prohibit that type of motion, which would be before Judge Cooke because it affects her Scheduling Order. Absent a stay of discovery, the Undersigned will take up the live discovery disputes listed for hearing on April 20, 2018. Signed by Magistrate Judge Jonathan Goodman on 3/30/2018. (jdo)
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| 34 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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RESPONSE to Motion re 32 MOTION for Leave to File Motion for Protective Order and to Stay Discovery Pending Ruling on Defendants' Motion to Dismiss or Alternative Motion for Summary Judgment filed by 2C3BF80. Replies due by 3/27/2018. (Martinez-Maldonado, Alejandro)
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| 33 |
Filed: 3/16/2018, Entered: 3/16/2018 |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/20/2018 04:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Martinez-Maldonado, Alejandro)
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| 32 |
Filed: 3/6/2018, Entered: 3/6/2018 |
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MOTION for Leave to File Motion for Protective Order and to Stay Discovery Pending Ruling on Defendants' Motion to Dismiss or Alternative Motion for Summary Judgment by 654DAD8C and G Supermarket Inc.. (Attachments: # 1 Exhibit "A", # 2 Text of Proposed Order)(Militzok, Brian)
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| 31 |
Filed: 3/6/2018, Entered: 3/6/2018 |
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NOTICE of Striking 29 MOTION for Protective Order MOTION to Stay Discovery filed by M and G Supermarket Inc., 825768C by 654DAD8C and G Supermarket Inc. (Militzok, Brian)
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| 30 |
Filed: 2/28/2018, Entered: 2/28/2018 |
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RESPONSE to Motion re 29 MOTION for Protective Order MOTION to Stay Discovery filed by 2C3BF80. Replies due by 3/7/2018. (Martinez-Maldonado, Alejandro)
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| 29 |
Filed: 2/14/2018, Entered: 2/14/2018 |
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(STRICKEN per DE 31 ) MOTION for Protective Order , MOTION to Stay Discovery ( Responses due by 2/28/2018) by 825768C8 and G Supermarket Inc.. (Attachments: # 1 Text of Proposed Order)(Militzok, Brian) Modified text on 3/6/2018 (mc).
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| 28 |
Filed: 1/31/2018, Entered: 1/31/2018 |
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RESPONSE in Opposition re 26 MOTION to Dismiss for Lack of Jurisdiction 21 Amended Complaint MOTION for Summary Judgment filed by 2C3BF80. Replies due by 2/7/2018. (Kelly, K.)
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| 27 |
Filed: 1/25/2018, Entered: 1/25/2018 |
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Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by 2C3BF80 (Martinez-Maldonado, Alejandro)
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| 26 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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MOTION to Dismiss for Lack of Jurisdiction 21 Amended Complaint , MOTION for Summary Judgment by 825768C8 and G Supermarket Inc.. Responses due by 2/5/2018 (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C")(Militzok, Brian)
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| 25 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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ENDORSED ORDER denying as moot 19 Motion to Dismiss for Lack of Subject Matter Jurisdiction, in the Alternative, Request to Convert Motion into Motion for Summary Judgment. Signed by Judge Marcia G. Cooke on 1/22/2018. (ecz)
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| 24 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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NOTICE by 2C3BF80 re 19 MOTION to Dismiss with Prejudice 1 Complaint, MOTION for Summary Judgment , 21 Amended Complaint OF MOOTNESS REGARDING MOTION TO DISMISS, AS FIRST AMENDED COMPLAINT WAS FILED (Kelly, K.)
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| 23 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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NOTICE of Mediator Selection. Added Neil Flaxman. (Martinez-Maldonado, Alejandro)
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| 22 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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Clerks Notice to Filer re 20 Notice (Other). Mediator Not Added; ERROR - The Filer failed to add the mediator. Filer is instructed to file a Notice of Entry of Parties and add the mediator. AND Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Notice of Mediator Selection and/or Hearing. (mc)
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| 21 |
Filed: 1/16/2018, Entered: 1/16/2018 |
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First AMENDED COMPLAINT against 825768C8 and G Supermarket Inc., filed by 2C3BF80. (Attachments: # 1 Exhibit Proof of Service 1, # 2 Errata Proof of Service 2)(Martinez-Maldonado, Alejandro)
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| 20 |
Filed: 1/16/2018, Entered: 1/16/2018 |
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NOTICE by 2C3BF80 on selection of Mr. Neil Flaxman Esq. as mediator (Martinez-Maldonado, Alejandro)
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| 19 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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MOTION to Dismiss with Prejudice 1 Complaint, , MOTION for Summary Judgment by 654DAD8C and G Supermarket Inc.. Responses due by 1/24/2018 (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Exhibit "D")(Militzok, Brian)
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| 18 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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ENDORSED ORDER granting 11 Unopposed Motion for Extension of Time to Respond to Complaint. Response due on or before January 10, 2018. Signed by Judge Marcia G. Cooke on 1/10/2018. (ecz)
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| 17 |
Filed: 12/29/2017, Entered: 12/29/2017 |
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NOTICE of Compliance by 654DAD8C and G Supermarket Inc. re 8 Order of Requirements (Militzok, Brian)
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| 16 |
Filed: 12/29/2017, Entered: 12/29/2017 |
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Statement of: Claim (Response) by 654DAD8C and G Supermarket Inc. re 12 Statement (Militzok, Brian)
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| 15 |
Filed: 12/29/2017, Entered: 12/29/2017 |
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ORDER REFERRING CASE to Mediation. Mediation Deadline 6/13/2018. Signed by Judge Marcia G. Cooke on 12/29/2017. (tm)
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| 14 |
Filed: 12/29/2017, Entered: 12/29/2017 |
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ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES AND ORDER REFERRING TO MAGISTRATE: Jury Trial set for 9/17/2018 09:30 AM in Miami Division before Judge Marcia G. Cooke. Calendar Call set for 9/12/2018 03:00 PM in Miami Division before Judge Marcia G. Cooke. Amended Pleadings due by 1/16/2018. Expert Discovery due by 7/13/2018. Fact Discovery due by 5/15/2018. Joinder of Parties due by 1/16/2018. Final proposed jury instructions and verdict form Deadline 8/27/2018. Mediation Deadline 6/13/2018. In Limine Motions due by 8/13/2018. Dispositive Motions due by 5/15/2018. Daubert Motions due by 7/27/2018. Pretrial Stipulation due by 8/13/2018. Signed by Judge Marcia G. Cooke on 12/29/2017. (tm) 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.
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| 13 |
Filed: 12/13/2017, Entered: 12/13/2017 |
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NOTICE of Compliance as ordered in Docket No. 8 by 2C3BF80 (Martinez-Maldonado, Alejandro)
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| 12 |
Filed: 12/13/2017, Entered: 12/13/2017 |
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Statement of: of Claim filed by the Plaintiff by 2C3BF80 (Martinez-Maldonado, Alejandro)
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| 11 |
Filed: 12/11/2017, Entered: 12/11/2017 |
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Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by 654DAD8C and G Supermarket Inc.. Attorney Brian Jay Militzok added to party 654DAD8(pty:dft), Attorney Brian Jay Militzok added to party 825768C(pty:dft), Attorney Brian Jay Militzok added to party M and G Supermarket Inc.(pty:dft). (Attachments: # 1 Text of Proposed Order)(Militzok, Brian)
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| 10 |
Filed: 12/8/2017, Entered: 12/8/2017 |
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NOTICE of Attorney Appearance by Alejandro Guillermo Martinez-Maldonado on behalf of 2C3BF80. Attorney Alejandro Guillermo Martinez-Maldonado added to party 2C3BF80(pty:pla). (Martinez-Maldonado, Alejandro)
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| 9 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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Notice of Court Practice re Joint Motions Signed by Judge Marcia G. Cooke on 12/5/2017. (tm)
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| 8 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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Order of Court-Mandated Requirements in FLSA case Statement of Claim due by 12/27/2017. Signed by Judge Marcia G. Cooke on 12/5/2017. (tm)
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| 7 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters. Signed by Judge Marcia G. Cooke on 12/5/2017. (tm)
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| Save 25% on a pre-paid one year subscription. |
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| 6 |
Filed: 11/27/2017, Entered: 11/27/2017 |
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SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by 2C3BF80. 654DAD8 served on 11/21/2017, answer due 12/12/2017; 825768C served on 11/21/2017, answer due 12/12/2017; M and G Supermarket Inc. served on 11/21/2017, answer due 12/12/2017. (Zidell, Jamie)
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| 5 |
Filed: 11/14/2017, Entered: 11/14/2017 |
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NOTICE of Attorney Appearance by K. David Kelly on behalf of 2C3BF80. Attorney K. David Kelly added to party 2C3BF80(pty:pla). (Kelly, K.)
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| 4 |
Filed: 11/13/2017, Entered: 11/13/2017 |
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NOTICE of Attorney Appearance by Adam Berman on behalf of 2C3BF80. Attorney Adam Berman added to party 2C3BF80(pty:pla). (Berman, Adam)
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| 3 |
Filed: 11/13/2017, Entered: 11/13/2017 |
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Summons Issued as to 654DAD8C and G Supermarket Inc. (mc)
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| 2 |
Filed: 11/9/2017, Entered: 11/13/2017 |
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Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the 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 Consent form found on our website. It is not necessary to file a document indicating lack of consent. (mc)
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| 1 |
Filed: 11/9/2017, Entered: 11/9/2017 |
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COMPLAINT under 29 U.S.C. 201-216 Overtime Wage Violations and Misclassified Employee under 26 U.S.C. 7434 against All Defendants. Filing fees $ 400.00 receipt number 113C-10180203, filed by 2C3BF80. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Zidell, Jamie) Modified on 11/13/2017 (mc).
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