Garcia-Celestino et al v. Ruiz Harvesting, Inc. et al
| Gaudencio Garcia-Celestino, Raymundo Cruz-Vicencio, Raul Ismael Estrada-Gabriel, Daniel Ferro-Nieves, Jose Manuel Ferro-Nieves, Felipe Angeles Gallardo, Simon Guzman-Romero and Francisco Mata-Cruz |
| Ruiz Harvesting, Inc., Basiliso Ruiz and Consolidated Citrus Limited Partnership |
| 2:2010cv00542 |
| September 1, 2010 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| XX Outside US |
| Charlene E. Honeywell |
| Douglas N. Frazier |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
239
ORDER re 238 Notice (Other) filed by Esiquio Garcia-Martinez, Leopoldo Trejo-Carrillo, Francisco Mata-Cruz, Porfirio Aguilar-Fabian, Ramon Ruiz-Landeros, Juvenal Gonzalez-Juarez, Miguel Aguilar-Guerrero, Procoro Martinez-Aguilar, Urba no Sanchez-Rodriguez, Martin Ruiz-Olanderos, Raymundo Cruz-Vicencio, Espiridion Gonzalez-Martinez, Jose Jesus Romero Rojas, Roberto Vasquez-Escobar, Rodolfo Caballero-Palacio, Jose Manuel Ferro-Nieves, Israel Ugalde-Eguia, Reynaldo Camacho-Ga rcia, Palemon Sanchez-Huerta, Antonio Martinez, Emanuel Camacho-Linares, Simon Guzman-Romero, Daniel Ferro-Nieves, Ernesto Aguilar-Bocanegra, Alfredo Mora-Martinez, Porfirio Camacho-Garcia, Felipe Angeles Gallardo, Pascual Guerrero-Fabian, R aul Ismael Estrada-Gabriel, J. Carmen Gonzalez-Caballero, Alvares Juaquin Resendiz-Alvares, Luis Vega-Camacho, Eduardo Flores-Aguilar, Jesus Rojas Maldonado, Gaudencio Garcia-Celestino, Consolidated Citrus Limited Partnership, Miguel Sanchez-Mo rales, Reynaldo Sanchez-Ibarra. In lieu of the evidentiary hearing, we hereby schedule a hearing on the intended stipulations and partial motion to dismiss. The parties shall present their stipulations and Plaintiffs' partial motion for volunta ry dismissal in open court on January 11, 2016 at 10 a.m. The parties shall also file any additional motions as to procedural issues at that time, if they are not filed beforehand. Signed by Senior Judge Marvin E. Aspen on 12/4/2015. (LMF)
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Filing
237
ORDER re 236 Plaintiff's Notice (Other). SEE ORDER FOR DETAILS. Signed by Senior Judge Marvin E. Aspen on 11/19/2015. (LMF)
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Filing
222
MEMORANDUM OPINION AND ORDER. For the reasons set forth, we conclude that CCLP was Plaintiffs' joint employer and is liable to them for AEWR violations. Final judgment shall issue at a later date. Plaintiffs shall file their supplemental brie f on the outstanding FLSA questions by July 31, 2015. CCLP may file a response on or by August 31, 2015, and Plaintiffs may file a reply on or by September 14, 2015. In addition, the parties shall begin supplemental discovery into the gate deduction claims, with discovery to close on October 31, 2015. An evidentiary hearing on these claims is scheduled for January 11, 2016. On or by November 13, 2015, the parties shall inform the court if they plan to present witnesses at the evidentiary hearing and how long they anticipate the hearing should last. Signed by Senior Judge Marvin E. Aspen on 5/28/2015. (LMF)
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Filing
191
MEMORANDUM OPINION AND ORDER denying 185 Motion in Limine; bifurcating the bench trial with respect to the gate deduction damages claims only. See Order for details. Signed by Senior Judge Marvin E. Aspen on 2/4/2014. (RKR)
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Filing
183
ORDER. The Clerk of Court is directed to re-assign the case to The Hon. Marvin E. Aspen for trial purposes. The final pre-trial conference before the undersigned scheduled for January 23, 2014, is hereby CANCELLED. Responses to any motions in limin e shall be filed on or by January 28, 2014. The parties shall also file a joint statement, no later than January 28, 2014, informing the Court of the general history and status of any settlement negotiations. Proposed findings of fact and conclusions of law shall be filed on or by February 4, 2014. The final pretrial conference will be held before the Honorable Marvin E. Aspen on February 12, 2014, at 9:30am in Courtroom D, United States Courthouse and Federal Building, 2110 First Street Fort My ers, FL 33901. The bench trial in this matter will begin immediately following the final pretrial conference on February 12, 2014 unless otherwise directed. Counsel is encouraged to contact Leslie Friedmann, Courtroom Deputy, at 239-461-2068 to arrange for a tutorial on the courtroom technology for use during trial. Signed by Judge Sheri Polster Chappell on 1/16/2014. (LMF)
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Filing
182
ORDER denying 172 the Defendant, Consolidated Citrus Limited Partnership's Motion for Judgment as a Matter of Law.The Parties shall file any Motions In Limine on or before January 18, 2014. The final pretrial conference shall proceed as scheduled on January 23, 2014, at 1:30pm in Fort Myers, Florida Courtroom 5D before the undersigned. The case will proceed to trial during the February 2014 trial term as scheduled. Signed by Judge Sheri Polster Chappell on 1/10/2014. (LMF)
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Filing
178
ORDER re Status Conference. The Motion in Limine deadline shall be extended to five (5) days after the entry of an Order by the Court addressing the pending liability issues. The deadline to file the Joint Final Pretrial Statement shall be extended to JANUARY 6, 2014. The Final Pretrial Conference set for January 6, 2014 is CANCELLED. The Final Pretrial Conference is rescheduled for JANUARY 23, 2013 at 1:30 P.M.Signed by Judge Sheri Polster Chappell on 12/17/2013. (LMF)
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Filing
162
ORDER granting in part and denying in part 98 Consolidated Citrus L.P's Case Dispositive Motion for Summary Judgment, Statement of Undisputed Facts and Supporting Memorandum of Law; denying 101 Plaintiffs' Motion for Summary Judgment and Supporting Memorandum of Law Against Consolidated Citrus Limited Partnership. As to Count VI, the Motion is GRANTED and Count VI is dismissed. As to the remaining Counts, the Motion is DENIED.Signed by Judge Sheri Polster Chappell on 7/22/2013. (LMF)
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Filing
144
ORDER adopting 141 Report and Recommendation of the Magistrate Judge. The Joint Motion for Approval of Settlement Agreement 30 is GRANTED. The Settlement Agreement, Full and Final Release and Covenant Not to Sue (Doc. 130, Ex. A) is APPROVED, as it constitutes a fair and reasonable resolution of a bona fide dispute. Plaintiff Francisco Suarez-Galan's claims against Defendants Ruiz Harvesting, Inc., Basiliso Ruiz, and Consolidated Citrus Limited Partnership are DISMISSED, with prejudice. The Clerk is directed to terminate Plaintiff Suarez-Galan from this case. Signed by Judge Unassigned Judge on 10/4/2012. (BGS)
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Filing
116
ORDER adopting 113 Report and Recommendation of the Magistrate Judge. Plaintiffs' and Defendants' Ruiz Harvesting, Inc., and Basiliso Ruiz First Motion to Approve Settlement of all Plaintffs' claims 96 is DENIED. Signed by Judge Charlene Edwards Honeywell on 6/14/2012. (BGS)
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Filing
81
ORDER: Plaintiffs' Motion for Declaration of a Class Action 55 is GRANTED. With respect to the claims set forth in Counts V and VI of the amended complaint, the Court certifies a class of: All temporary foreign workers ("H-2A workers") who were employed pursuant to temporary labor certifications issued to Ruiz Harvesting, Inc. for work during the 2007-08, 2008-09 and/or 2009-10 Florida citrus harvests. Signed by Judge James S. Moody, Jr on 2/24/2012. (LN)
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Filing
78
ORDER adopting 76 Report and Recommendation of the Magistrate Judge. The 69 Joint Motion for Approval of Settlement Agreement is GRANTED. The Settlement Agreement, Full and Final Release and Covenant Not to Sue 75 is APPROVED, as it constitu tes a fair and reasonable resolution of a bona fide dispute. The claims by Plaintiffs Urbano Sanchez-Rodriguez, Leopoldo Trejo-Carillo, Robert Vasquez Escobar, and Israel Ugalde Eguia against Defendants are DISMISSED, with prejudice. The Clerk is directed to enter judgment accordingly and terminate these Plaintiffs from this case. Signed by Judge Charlene E. Honeywell on 1/6/2012. (BGS)
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