Lopez v. Real Monarca Inc et al
| Eduardo Lopez |
| Real Monarca Inc and Guillermo Cuevas |
| 2:2017cv00442 |
| August 2, 2017 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Lee |
| Sheri Polster Chappell |
| Carol Mirando |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
75
ORDER adopting 73 REPORT AND RECOMMENDATIONS re 72 Joint MOTION for Settlement Agreement Approval (Renewed) filed by Eduardo Lopez. 1. The Report and Recommendation 73 is ACCEPTED and ADOPTED and incorporated into this Order. a . The parties' Renewed Joint Motion for Approval of Settlement Agreement and Entry of an Order of Dismissal with Prejudice 72 is GRANTED. b. The Settlement Agreement (Doc. [72-1]) is APPROVED as a fair and reasonable resolution of the parties& #039; bona fide dispute. 2. The action is DISMISSED with prejudice. 3. The Clerk is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 3/28/2019. (LMF)
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Filing
73
REPORT AND RECOMMENDATION recommending 72 the renewed Joint Motion for Approval of Settlement Agreement and Entry of an Order of Dismissal with Prejudice and Incorporated Memorandum of Law be granted. Signed by Magistrate Judge Douglas N. Frazier on 3/26/2019. (APH)
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Filing
55
OPINION AND ORDER re: 54 MOTION for miscellaneous relief. 1. The parties' Joint Stipulation regarding Motion for Order to Facilitate Notice to Potential Class Members 54 is GRANTED in part. 2. The Court conditionally certifies a collec tive of All servers and bartenders who worked for Defendants at the Monarca's Authentic Mexican Cuisine Bar & Grille location, from August 2, 2014, through the present, who worked over forty hours in one or more workweeks, but were not paid for his or her overtime hours, or who were not provided notice of Defendants' intention to claim the tip credit. 3. The Parties will have up to and until June 15, 2018 to submit amended notice and consent forms that reflect the definitions and deadl ines laid out in this Order. 4. Defendants will have up to and until June 27, 2018, to post the amended notice and consent forms at Real Monarca. The documents must be posted in a conspicuous location where they are likely to be seen by all potenti al plaintiffs and it must remain there until the deadline to submit consent forms has passed. 5. Defendants will have up to and until June 27, 2018, to produce to Lopez's Counsel a list of names, last known addresses, telephone numbers, the las t four digits of social security numbers, and email addresses of all individuals that worked as servers or bartenders at Real Monarca from August 2, 2014 through the present. 6. Plaintiff is AUTHORIZED to distribute the amended notice and consent for ms to all putative members of the collective until July 11, 2018 via first class U.S. mail and electronic mail. 7. To be valid, consent forms returned to Lopez's counsel must be post-marked, or delivered to a commercial carrier who provides a re ceipt, within sixty (60) days of the date they were originally mailed. 8. During the allowed period for response to this initial mailing, should the initial notice mailed to any individual be returned as un-deliverable, the parties shall promptly co operate and exchange such additional information in their custody or control, or in the custody or control of their agents, as may reasonably be available to identify a better address for each such individual, to assist in the search for better addre sses. To the extent it is feasible, but in no event later than the end of the allowed period for response to the initial mailing, plaintiffs' counsel shall, at the sole cost and expense of plaintiffs, re-mail one notice to each such individual. For each re-mailed notice it shall be in the form set forth above; shall be re-dated with the date of re-mailing, and shall give the individual up to the same deadline allowed for response to the initial mailing to return a consent. 9. Individuals w ho timely opt-in to this collective action under this Court's supervised notice procedure shall be deemed joined as opt-in plaintiffs for all purposes under the Federal Rules of Civil Procedure and under the orders of this Court through trial an d appeal, if any, subject to any motion for decertification or representative discovery, and may be represented at any settlement, mediation or trial by the named plaintiffs at the time, pending further orders of the Court. Signed by Judge Sheri Polster Chappell on 6/13/2018. (LMF)
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Filing
41
ORDER denying 26 Defendants' Real Monarca Inc. and Guillermo Cuevas Motion to Dismiss and Motion for an Evidentiary Hearing. Defendants shall file an answer to the Amended Complaint on or before March 14, 2018. Signed by Judge Sheri Polster Chappell on 3/2/2018. (LMF)
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