Lenhart v. El Charro Restaurant Incorporated et al
| Patricia Lenhart |
| El Charro Restaurant Incorporated, Eva Orta and Mario Orta |
| 2:2022cv01320 |
| August 8, 2022 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 3, 2022. A more recent docket listing may be available from PACER.
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Filing 15
ORDER: The Court has reviewed the parties' stipulation of dismissal. (Doc. #14 .) Because this is an FLSA action (Doc. 1), it is unclear whether the Court can simply grant the stipulation without more information as to the nature of any settlement. See generally Seminiano v. Xyris Enterprise, Inc., 602 F. App'x 682, 683 (9th Cir. 2015) ("FLSA claims may not be settled without approval of either the Secretary of Labor or a district court."); Lopez v. Ariz. Public Serv. Co., 2010 WL 1403873, *1 (D. Ariz. 2010) ("Normally, the Court does not rule on a private settlement negotiated between parties. However, because Plaintiffs filed a FLSA action against Defendant, the parties must seek approval of their stipulated settlement in order to ensure the enforceability of the Settlement Agreement. The Court may approve the settlement if it reflects a 'reasonable compromise over issues.'") (citation omitted). Accordingly, within 14 days of the issuance of this order, the parties may file a joint statement, not to exceed five pages, addressing the Court's authority to grant the stipulation on the current record. Alternatively, the parties may file a joint motion for approval of their settlement agreement. Any such motion should identify and address the relevant factors bearing on the approval decision. Ordered by Judge Dominic W Lanza on 10/3/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 14 STIPULATION of Dismissal by Patricia Lenhart. (Attachments: #1 Proposed Order Proposed Order)(Bendau, Clifford) |
| Filing 13 NOTICE of Settlement by Patricia Lenhart. (Bendau, Clifford) |
| Filing 12 Corporate Disclosure Statement by El Charro Restaurant Incorporated. (Gardner, Bradley) |
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Filing 11
ORDER: Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the Court will issue a scheduling order after receiving the parties' Rule 26(f) report. After reviewing the Rule 26(f) report, the Court will set a case management conference if meeting with the parties appears necessary or helpful. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26(f) Joint Case Management Report, which must be filed no later than September 30, 2022 [see attached Order for details]. Signed by Judge Dominic W Lanza on 9/2/22. (MAW)
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| Filing 10 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to El Charro Restaurant Incorporated. (MAW) |
| Filing 9 ANSWER to #1 Complaint by El Charro Restaurant Incorporated, Eva Orta, Mario Orta.(Gardner, Bradley) |
| Filing 8 SERVICE EXECUTED filed by Patricia Lenhart: Proof of Service re: Complaint and Summons upon Mario Orta on 8/15/2022. (Bendau, Clifford) |
| Filing 7 SERVICE EXECUTED filed by Patricia Lenhart: Proof of Service re: Complaint and Summons upon Eva Orta on 8/15/2022. (Bendau, Clifford) |
| Filing 6 SERVICE EXECUTED filed by Patricia Lenhart: Proof of Service re: Complaint and Summons upon El Charro Restaurant Inc. on 8/12/2022. (Bendau, Clifford) |
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Filing 5
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on November 8, 2022, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/16/22. (MAW)
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| Filing 4 Summons Issued as to El Charro Restaurant Incorporated, Eva Orta, Mario Orta. (Attachments: #1 Summons, #2 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number AAZDC-20964082. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-22-1320-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) |
| Filing 2 SUMMONS Submitted by Patricia Lenhart. (Bendau, Clifford) (Attachments: #1 Summons, #2 Summons)(ARC) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-20964082 filed by Patricia Lenhart. (Bendau, Clifford) (Attachments: #1 Civil Cover Sheet)(ARC) |
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