Perez v. Escalante
Plaintiff: Danielle Perez
Defendant: Manuel Soto Escalante
Case Number: 2:2017cv01574
Filed: May 23, 2017
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: David K Duncan
Referring Judge: Deborah M Fine
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 31, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2018 Filing 30 CLERK'S JUDGMENT - Pursuant to Rule 55(b)(1) of the Federal Rules of Civil Procedure and upon instruction by the Court, default judgment is hereby entered in favor of Plaintiff Danielle Perez and against Defendant Manuel Soto Escalante for damages in the sum of $47,430.00, for attorneys' fees in the amount of $2,212.00, and for costs in the amount of $684.70 plus post-judgment interest on the amounts at a rate of 2.07% per annum. (DXD)
July 31, 2018 Opinion or Order Filing 29 ORDER ADOPTING REPORT AND RECOMMENDATION - The Court accepts the original Report and Recommendation as augmented by the addendum (Doc. #20 ). Plaintiff's Motion for Default Judgment (Doc. 24) is granted, terminating this case. The Clerk shall enter default judgment in favor of Plaintiff Danielle Perez and against Defendant Manuel Soto Escalante for: damages in the sum of $47,430.00, attorneys' fees in the amount of $2,212.00, costs in the amount of $684.70, and for post-judgment interest on the amounts at the rate of 2.07% per annum. Signed by Senior Judge Stephen M McNamee on 7/30/18. (DXD)
June 25, 2018 Filing 28 ADDENDUM TO THE REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that the District Judge accept the original Report and Recommendation as augmented by this addendum and enter judgment accordingly. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections to the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. See document for further details. Signed by Magistrate Judge David K Duncan on 6/22/2018. (REK)
June 25, 2018 Filing 27 MINUTE ORDER: This case is directly reassigned to Magistrate Judge Deborah M Fine. All future filings shall reflect the following case number: CV-17-1574-PHX-DMF. All deadlines and hearings are AFFIRMED unless reset by separate order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF)
June 19, 2018 Filing 26 MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Motion Hearing re: #24 Motion for Default Judgment held on 6/19/2018. Based on the testimony set forth on the record, the Court is satisfied Plaintiff has laid an evidentiary foundation to show by a preponderance of the evidence that the amount of damages claimed in Plaintiff's Affidavit supporting the Motion for Default Judgment is the damage that has been suffered and Plaintiff has proved her case. The Court will enter an order affirming its previous finding and Recommending that the District Judge enter judgment accordingly. (Recorded by COURTSMART.) Hearing held 2:54 PM to 3:14 PM. (ATD)
June 18, 2018 Filing 25 MINUTE ORDER: Setting Motion Hearing regarding Plaintiff's MOTION for Default Judgment #24 for 6/19/2018 at 3:00 PM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K. Duncan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DKD/ah)
June 5, 2018 Filing 24 MOTION for Default Judgment as to Manuel Soto Escalante by Danielle Perez. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit A to Exhibit 3)(Davis, Sean)
May 24, 2018 Opinion or Order Filing 23 ORDER - IT IS HEREBY ORDERED granting Plaintiff's Motion to Extend Deadline to File Motion for Default Judgment (Doc. #22 ). Plaintiff shall have until June 8, 2018, to file a Motion for Default Judgment which is consistent with the Court's Order dated May 11, 2018. Signed by Magistrate Judge David K Duncan on 5/24/18. (SLQ)
May 24, 2018 Filing 22 *MOTION for Extension of Time to File Motion for Default Judgment by Danielle Perez. (Attachments: #1 Text of Proposed Order)(Davis, Sean) *Modified to correct event; attorney noticed on 5/24/2018 (SLQ).
May 11, 2018 Opinion or Order Filing 21 ORDER rejecting the Report and Recommendation of Magistrate Judge David K. Duncan #20 . IT IS FURTHER ORDERED denying without prejudice Plaintiff's Motion for Default Judgment #16 . Plaintiff shall have until Friday, May 25, 2018, to file a new motion for default judgment consistent with this order. IT IS FURTHER ORDERED referring this matter back to Magistrate Judge Duncan for further proceedings consistent with this Order. (See attached Order for additional information.) Signed by Senior Judge Stephen M. McNamee on 5/11/2018. (RMW)
April 12, 2018 Opinion or Order Filing 20 REPORT AND RECOMMENDATION - IT IS RECOMMENDED that a District Judge for the PhoenixDivision grant Plaintiff's Motion for Default Judgment (Doc. #16 ). IT IS FURTHER RECOMMENDED that the Court enter default judgment infavor of Plaintiff Danielle Perez and against Defendant Manuel Soto Escalante as stated in this order. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. (See document for complete details). Signed by Magistrate Judge David K Duncan on 4/12/18. (SLQ)
March 30, 2018 Filing 19 NOTICE re: of Compliance with the Court's Order dated March 12, 2018 by Danielle Perez re: 18 Reset Cal Conflict - Hearing . (Davis, Sean)
March 12, 2018 Opinion or Order Filing 18 On March 2, 2018, Plaintiff filed a Motion for Entry of Default which appears to be meritorious. Prior to taking steps to grant this Motion the Court shall require, because service was by publication, Plaintiff to mail a copy of the Motion for Default and a copy of this Text Only Order to Defendant in care of every address that may be associated with this Defendant including each address at which Plaintiffs process server attempted to complete service. Plaintiff shall provide notice to the Court that this task has been accomplished within 21 days of this Text Only Order. Ordered by Magistrate Judge David K Duncan. (DKD)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
March 2, 2018 Filing 17 Additional Attachments to Main Document re: #16 MOTION for Default Judgment as to Defendant Manuel Soto Escalante Proposed Default Judgment by Plaintiff Danielle Perez. (Davis, Sean)
March 2, 2018 Filing 16 MOTION for Default Judgment as to Defendant Manuel Soto Escalante by Danielle Perez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A to Exhibit 2)(Davis, Sean)
March 2, 2018 Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re: #14 Order by Plaintiff Danielle Perez. (Davis, Sean)
February 9, 2018 Opinion or Order Filing 14 ORDER - Within 21 days from the date of this Order Plaintiff shall show good cause why this matter should not be dismissed for failure to prosecute pursuant to Fed.R.Civ.P. 41(b). Signed by Magistrate Judge David K Duncan on 02/09/2018. (KAS)
December 7, 2017 Opinion or Order Filing 13 IT IS ORDERED the Rule 16 Case Management Conference presently set for 12/08/2017 at 9:30 AM before Judge Duncan is VACATED. Ordered by Magistrate Judge David K. Duncan. (DKD/ah)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
December 5, 2017 Filing 12 Clerk's ENTRY OF DEFAULT - Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure and upon application by the Plaintiff, default is hereby entered against Defendant Manuel Soto Escalante. (LAD)
December 4, 2017 Filing 11 APPLICATION for Entry of Default by Plaintiff Danielle Perez against Manuel Soto Escalante. (Attachments: #1 Exhibit A - Declaration in Support of Application for Default)(Davis, Sean)
October 19, 2017 Opinion or Order Filing 10 ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE - Scheduling (Case Management) Conference set for 12/8/2017 at 09:30 AM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K Duncan. (See document for further details). Signed by Magistrate Judge David K Duncan on 10/19/17. (LAD)
October 10, 2017 Filing 9 * SERVICE EXECUTED filed by Danielle Perez: Service by Publication. Last publication date 9/20/2017 . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Davis, Sean) * Modified to indicate personal service was unexecuted (see exhibits 1 and 2) on 10/11/2017 (LAD).
August 14, 2017 Opinion or Order Filing 8 ORDER - IT IS HEREBY ORDERED granting Plaintiff's Motion to Extend the Service of Process Deadline as to Defendant Manuel Soto Escalante and Motion for Alternative Service of Process (Doc. #7 ). The service of process deadline is extended from August 21, 2017 until October 20, 2017. IT IS FURTHER ORDERED that Plaintiff may serve Defendant by publication, pursuant to Federal Rule of Civil Procedure 4(e)(1) and Arizona Rule of Civil Procedure Rule 4.1(l). Signed by Magistrate Judge David K Duncan on 8/14/17. (LAD)
August 14, 2017 Filing 7 First MOTION for Extension of Time for Service of Process; and Motion for Alternative Service of Process by Danielle Perez. (Attachments: #1 Text of Proposed Order)(Davis, Sean)
June 5, 2017 Filing 6 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
May 23, 2017 Filing 5 Summons Issued as to Manuel Soto Escalante. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
May 23, 2017 Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (REK)
May 23, 2017 Filing 3 Filing fee paid, receipt number 0970-14255749. This case has been assigned to the Honorable David K. Duncan. All future pleadings or documents should bear the correct case number: CV-17-01574-PHX-DKD. Magistrate Election form attached. (Attachments: #1 Magistrate Consent Form) (REK)
May 23, 2017 Filing 2 SUMMONS Submitted by Danielle Perez. (submitted by Sean Davis) (REK)
May 23, 2017 Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-14255749 filed by Danielle Perez. (submitted by Sean Davis) (Attachments: #1 Civil Cover Sheet) (REK)

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Plaintiff: Danielle Perez
Represented By: Preston K Flood
Represented By: Sean Christopher Davis
Represented By: Trey A R Dayes, III
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Defendant: Manuel Soto Escalante
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