MOTION for Extension of Time to File Response/Reply/Answer as to 9 Amended Complaint nunc pro tunc by Jorge E Caceres, Caceres Drywall Corp, Caceres Interior Partitions, Inc.. (Attachments: # 1 Exhibit A)(Sheskin, Joshua) (Entered: 02/21/2018)
ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CASE WITH PREJUDICE. Signed by Ch. Magistrate Judge Andrea M. Simonton on 6/8/2018. (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.
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' Joint Notice and Consent to Jurisdiction 32 , the above-captioned cause is referred entirely to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law, including, if necessary, a jury or non-jury trial and entry of final judgment. In the course of conducting any such proceedings, Magistrate Judge Simonton may hear and determine any and all pre-trial and post-trial motions, including case-dispositive motions. (cce)
PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Andrea M. Simonton: Settlement Conference held on 5/3/2018. Attorney Appearance(s): Neil Tobak, along with his client (7CCBD8A), appeared at this conference. Joshua Howard Sheskin, along with his client (4CF816C, Sr.), appeared at this conference. The parties reached a settlement agreement in this matter. The material terms of the agreement read into the record. The Court finds that the terms of the settlement agreement and attorney fees, are fair and reasonable resolutions to this matter. The parties made an ore tenus motion to dismiss with the Court retaining jurisdiction through 10/1/2018. (aw)
NOTICE of Attorney Appearance by Natalie Ann Staroschak on behalf of 7CCBD8A. Attorney Natalie Ann Staroschak added to party 7CCBD8A(pty:pla). (Staroschak, Natalie)
PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Andrea M. Simonton: Status Conference Re: Settlement Conference held on 4/23/2018. Attorney Appearance(s): Neil Tobak, Natalie Staroschak, along with their client (7CCBD8A) and Spanish Interpreter (Maria Marcillo), appeared at this hearing. Joshua Howard Sheskin, along with his client (4CF816C, Jr.) appeared at this hearing. 4CF816C, Sr., was not in attendance at this hearing. The settlement conference was adjourned. (Settlement Conference reset for 5/3/2018 09:00 AM in Miami Division before Ch. Magistrate Judge Andrea M. Simonton.). (Digital 10:06:59 - 10:21:08) (aw)
DOCKET ENTRY ORDER Resetting Settlement Conference for Thursday, May 3, 2018 at 9:00 AM before Ch. Magistrate Judge Andrea M. Simonton. On April 23, 2018, the Plaintiff and his Counsel, and Defendants' Counsel and Defendant 4CF816C son all appeared at the Settlement Conference that had been set by the undersigned. However, Defendant 4CF816C failed to appear at the settlement conference. The undersigned therefore held a hearing to determine whether the Settlement Conference should proceed. The Defendant's son represented to the Court that the Defendant's flight from Mexico, which was scheduled to arrive early on the morning of the settlement conference, had been cancelled and that his father was attempting to obtain another flight. The Defendant's son stated that he is the President of one of the corporate defendants, but has no interest in or working relationship with the second corporate defendant, and he has no familiarity with the Plaintiff in this case other than what his father told him in a telephone conversation. The Defendant's son stated that, due to the flight cancellation, his father had requested him to appear at the settlement conference and represent him there. He believed that his father had given him the authority to bind all Defendants to a settlement agreement, but this authorization was only verbal. Based upon those statements, Plaintiff's Counsel requested that the Settlement Conference be continued until such time that 4CF816C, who is named as an individual Defendant and is the corporate representative for both of the Corporate Defendants, could be present. Accordingly, the Settlement Conference is hereby reset until Thursday, May 3, 2018 at 9:00 a.m. The Parties shall adhere to the dictates set forth in the Order Setting Settlement Conference, ECF No. 19 . Signed by Ch. Magistrate Judge Andrea M. Simonton on 4/23/2018. (par)
DOCKET ENTRY ORDER Continuing Settlement Conference. Due to a scheduling conflict, the Settlement Conference currently set for March 20, 2018, is continued until Monday, April 23, 2018 at 10:00 AM before Ch. Magistrate Judge Andrea M. Simonton. The Parties shall adhere to all of the requirements set forth in the undersigned's January 16, 2018 Order Scheduling Settlement Conference, ECF No. 19 . To that end, on or before April 13, 2018, the Defendant shall file a Notice of Compliance which states that all documents supporting the Defendant's claims or defenses, e.g., time records, have been produced to the Plaintiff. Signed by Ch. Magistrate Judge Andrea M. Simonton on 3/19/2018. (par)
RESPONSE in Opposition re 23 MOTION for Extension of Time to File Response/Reply/Answer as to 9 Amended Complaint nunc pro tunc filed by 7CCBD8A. Replies due by 3/1/2018. (Jaff, Rivkah)
REPLY to Response to Motion re 22 Plaintiff's MOTION for Default Judgment Final Against Defendants, Jointly and Severally, by the Court and Entitlement to Attorneys' Fees and Costs, Including Future Fees and Costs In Collection of Final Default filed by 7CCBD8A. (Jaff, Rivkah)
RESPONSE in Opposition re 22 Plaintiff's MOTION for Default Judgment Final Against Defendants, Jointly and Severally, by the Court and Entitlement to Attorneys' Fees and Costs, Including Future Fees and Costs In Collection of Final Default filed by 4CF816C, 4CF816C Drywall Corp, 4CF816C Interior Partitions, Inc.. Replies due by 3/1/2018. (Sheskin, Joshua)
MOTION for Extension of Time to File Response/Reply/Answer as to 9 Amended Complaint nunc pro tunc by 4CF816C, 4CF816C Drywall Corp, 4CF816C Interior Partitions, Inc.. (Attachments: # 1 Exhibit A)(Sheskin, Joshua)
Plaintiff's MOTION for Default Judgment Final Against Defendants, Jointly and Severally, by the Court and Entitlement to Attorneys' Fees and Costs, Including Future Fees and Costs In Collection of Final Default by 7CCBD8A. (Jaff, Rivkah)
ORDER Setting Settlement Conference for March 20, 2018 at 9:00 AM before Ch. Magistrate Judge Andrea M. Simonton. (See Order for Details). Signed by Ch. Magistrate Judge Andrea M. Simonton on 1/16/2017. (par) Modified on 1/16/2018 to correct typographical error regarding the date of the settlement conference; the underlying Order is correct.(AMS).
NOTICE of Attorney Appearance by Joshua Howard Sheskin on behalf of 4CF816C, 4CF816C Drywall Corp, 4CF816C Interior Partitions, Inc.. Attorney Joshua Howard Sheskin added to party 4CF816C(pty:dft), Attorney Joshua Howard Sheskin added to party 4CF816C Drywall Corp(pty:dft), Attorney Joshua Howard Sheskin added to party 4CF816C Interior Partitions, Inc.(pty:dft). (Sheskin, Joshua)
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion 13 for Extension of Time to Respond to the Complaint. UPON CONSIDERATION of the Motion 13 , the pertinent portions of the record, and being otherwise fully advised in the premises, the Motion 13 is hereby GRANTED nunc pro tunc. Defendant shall file a Response on or before January 12, 2018. Signed by Chief Judge K. Michael Moore on 12/20/2017. (cce)
Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 9 Amended Complaint by 4CF816C, 4CF816C Drywall Corp, 4CF816C Interior Partitions, Inc.. (Attachments: # 1 Text of Proposed Order)(Amit, Adi)
NOTICE of Attorney Appearance by Adi Amit on behalf of 4CF816C, 4CF816C Drywall Corp, 4CF816C Interior Partitions, Inc.. Attorney Adi Amit added to party 4CF816C(pty:dft), Attorney Adi Amit added to party 4CF816C Drywall Corp(pty:dft), Attorney Adi Amit added to party 4CF816C Interior Partitions, Inc.(pty:dft). (Amit, Adi)
SUMMONS (Affidavit) Returned Executed on 9 Amended Complaint with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by 7CCBD8A. All Defendants. (Zidell, Jamie)
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. Simontons 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 11/14/2017. (cce)
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 11/14/2017. (cce)
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. (vjk)
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