Dix v. RCSH Operations, LLC
| Robert Dix and Michael Palombo |
| RCSH Operations, LLC |
| 2:2020cv00098 |
| February 12, 2020 |
| US District Court for the Middle District of Florida |
| Mac R McCoy |
| John E Steele |
| Labor: Fair Standards |
| 29 U.S.C. § 206 |
| Both |
Docket Report
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This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.
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Filing 52
ORDER directing the Clerk to close the case pursuant to the parties' #50 Stipulation of Dismissal. Signed by Judge John E. Steele on 12/8/2020. (RKR)
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| Filing 51 MEDIATION report Hearing held on December 4, 2020. Hearing outcome: Settled.. (Evans, Karen) |
| Filing 50 STIPULATION of Dismissal JOINT by Robert Dix, Michael Palombo. (Richards, Jordan) |
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Filing 49
ORDER denying #22 Motion for Conditional Certification of Collective Action Under the FLSA and Class Action Under Rule 23 and Facilitation of Court-Authorized Opt-In Notice. Signed by Judge John E. Steele on 11/24/2020. (FWH)
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| Filing 48 Joint STATUS report by Robert Dix, Michael Palombo. (Richards, Jordan). |
| Filing 47 FIRST AMENDED ANSWER and affirmative defenses to RE #6 Amended Complaint with Jury Demand by RCSH Operations, LLC.(MLS) |
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Filing 46
ENDORSED ORDER granting #45 Defendant's Unopposed Motion for Leave to File First Amended Answer and Affirmative Defenses to Amended Class/Collective Action Complaint for Damages and Demand for Jury Trial. Because Plaintiff does not oppose Defendant's requested relief, the Court finds good cause to grant Defendant's Motion. See Fed. R. Civ. P. 15(a)(2). The Clerk of Court is directed to file Defendant's First Amended Answer and Affirmative Defenses as a separate docket entry. (Doc. 45-1). Signed by Magistrate Judge Mac R. McCoy on 10/1/2020. (NM)
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| Filing 45 Unopposed MOTION to Amend #42 Answer to amended complaint by RCSH Operations, LLC. (Attachments: #1 Exhibit 1 - First Amended Answer)(Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 44
ENDORSED ORDER granting #43 Unopposed Motion to Attend Parties' Settlement Conference Virtually. The parties may conduct their settlement conference via telephone or Zoom videoconference. Signed by Magistrate Judge Mac R. McCoy on 9/25/2020. (NM)
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| Filing 43 Unopposed MOTION for Miscellaneous Relief, specifically to Attend Parties' Settlement Conference Virtually by Robert Dix, Michael Palombo. (Richards, Jordan) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 42 ANSWER and affirmative defenses to #6 Amended Complaint by RCSH Operations, LLC.(Ackerbaum Cox, Joyce) |
| Filing 41 ANSWER to court interrogatories re: #38 FLSA scheduling order by Michael Palombo. (Attachments: #1 Exhibit A - Michael Palombo's Sworn Answers to Court's Interrogatories)(Scott, Melissa) |
| Filing 40 ANSWER to court interrogatories re: #38 FLSA scheduling order by Robert Dix. (Attachments: #1 Exhibit A - Robert Dix's Sworn Answers to Court Interrogatories)(Richards, Jordan) |
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Filing 39
ORDER denying #26 Motion to Dismiss for Failure to State a Claim. Signed by Judge John E. Steele on 8/28/2020. (FWH)
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Filing 38
FLSA SCHEDULING ORDER. See order for Court directives and deadlines. Signed by Judge John E. Steele on 8/6/2020. (MLJ)
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| Filing 37 Amended RESPONSE in Opposition re #26 Motion to Dismiss for failure to state a claim re #6 Amended Class/Collective Action Complaint to Dismiss for Failure to State a Claim filed by Robert Dix, Michael Palombo. (Richards, Jordan) |
| Filing 36 NOTICE of withdrawal of #31 Response in Opposition to #26 Motion to Dismiss by Robert Dix, Michael Palombo (Richards, Jordan) |
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Filing 35
ENDORSED ORDER granting #34 Plaintiffs' Unopposed Motion for Leave to File Amended Response to D.E. to Comply with Local Rule 3.01(b). Plaintiffs must file their amended response to Defendant's Motion to Dismiss (Doc. #26) on or before 7/10/2020. Signed by Magistrate Judge Mac R. McCoy on 7/2/2020. (NM)
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| Filing 34 Unopposed MOTION for Miscellaneous Relief, specifically for Leave to File Amended Response to #26 Motion to Dismiss, to Comply with Local Rule 3.01(b) by Robert Dix, Michael Palombo. (Richards, Jordan) |
| Filing 33 NOTICE of Appearance by Mary Caroline Cravatta on behalf of RCSH Operations, LLC (Cravatta, Mary) |
| Filing 32 REPLY to #27 Response in Opposition re #22 Motion for conditional certification of collective action under the FLSA and Class Action under Rule 23 and facilitation of court-authorized opt-in notice filed by Robert Dix, Michael Palombo. (Attachments: #1 Exhibit A - Katie Gralton's LinkedIn Page, #2 Exhibit B - Nationwide Job Postings, #3 Exhibit C - Florida Job Postings)(Richards, Jordan) |
| Filing 31 RESPONSE in Opposition to #26 Motion to Dismiss for failure to state a claim re #6 Amended Class/Collective Action Complaint filed by Robert Dix, Michael Palombo. (Richards, Jordan) |
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Filing 30
ENDORSED ORDER granting #28 Plaintiff's Motion for Leave to File Ten (10) Page Reply in Support of D.E. 22. The Court finds that a reply may narrow the issues related to Plaintiff's motion for conditional certification (Doc. #22). Accordingly, Plaintiff may file a reply of no more than ten (10) pages, excluding the case caption and signature block, on or before 6/29/2020. Signed by Magistrate Judge Mac R. McCoy on 6/17/2020. (NM)
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| Filing 29 RESPONSE in Opposition re #28 Motion for Leave to File Reply in support of motion for conditional certification and class certification filed by RCSH Operations, LLC. (Ackerbaum Cox, Joyce) |
| Filing 28 MOTION for Leave to File Ten (10) Page Reply in Support re #22 Motion for conditional certification of collective action under the FLSA and Class Action under Rule 23 and facilitation of court-authorized opt-in notice by Robert Dix. (Attachments: #1 Text of Proposed Order)(Richards, Jordan) |
| Filing 27 RESPONSE in Opposition re #22 Motion for conditional certification of collective action under the FLSA and Class Action under Rule 23 and facilitation of court-authorized opt-in notice filed by RCSH Operations, LLC. (Attachments: #1 Exhibit 1 - Declaration of Katie Gralton)(Ackerbaum Cox, Joyce) |
| Filing 26 MOTION to Dismiss for failure to state a claim re #6 Amended Class/Collective Action Complaint by RCSH Operations, LLC. (Attachments: #1 Exhibit A - Field Operations Handbook, 30c12(f), #2 Exhibit B - Opinion Letter FLSA2008-4, #3 Exhibit C - Opinion Letter WH-466, #4 Exhibit D - Field Operations Handbook, 30d00(e), #5 Exhibit E - Opinion Letter FLSA2009-23, #6 Exhibit F - Withdrawal of Opinion Letter FLSA2009-23, #7 Exhibit G - Opinion Letter FLSA2018-27, #8 Exhibit H - Field Assistance Bulletin 2019-2, #9 Exhibit I - Field Operations Handbook, 30d00(f), #10 Exhibit J - Notice of Proposed Rulemaking, #11 Exhibit K - O*NET Summary Report)(Ackerbaum Cox, Joyce) |
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Filing 25
TEXT ORDER granting in part and denying without prejudice in part #23 Defendant's Motion to Stay or Alternatively, Unopposed Motion to Extend Deadline to Respond to Plaintiff's Motion for Conditional Certification. The Court finds that based on the procedural posture of this case, a stay is unwarranted at this time. Instead, the Court will grant the parties' agreed-upon extension of time to allow Defendant to respond to the pending Motion for Conditional Certification (Doc. #22). Accordingly, Defendant must respond to Plaintiff's Motion for Conditional Certification (Doc. #22) on or before 6/15/2020. Signed by Magistrate Judge Mac R. McCoy on 5/7/2020. (NM)
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| Filing 24 RESPONSE to #23 Motion for Extension of Time to File Response re #22 Motion for conditional certification of collective action under the FLSA and Class Action under Rule 23 and facilitation of court-authorized opt-in notice filed by Robert Dix, Michael Palombo. (Richards, Jordan) |
| Filing 23 MOTION for Extension of Time to File Response re #22 Motion for conditional certification of collective action under the FLSA and Class Action under Rule 23 and facilitation of court-authorized opt-in notice by RCSH Operations, LLC. (Godzinski, Amanda) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 22 MOTION for conditional certification of collective action under the FLSA and Class Action under Rule 23 and facilitation of court-authorized opt-in notice by Robert Dix. (Attachments: #1 Exhibit A - Declaration of Robert Dix, #2 Exhibit B - Declaration of Michael Palombo, #3 Exhibit C - Composite of Job Postings Across Country, #4 Exhibit D - Composite of Job Postings Across Florida, #5 Exhibit E - Proposed Notice of Collective Action and Opportunity to Join, #6 Text of Proposed Order)(Richards, Jordan) |
| Filing 21 NOTICE of consent to join by Michael Palombo . (Attachments: #1 Exhibit A - Michael Palombo's Consent to Join Collective Action)(Richards, Jordan) |
| Filing 20 NOTICE of consent to join by Robert Dix . (Attachments: #1 Exhibit A - Robert Dix's Consent to Join Collective Action)(Richards, Jordan) |
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Filing 19
ENDORSED ORDER granting #18 Defendant's Motion for Extension of Time to Respond to Plaintiff's Amended Complaint in Light of COVID-19 Issues. Defendant must respond to Plaintiff's Amended Complaint (Doc. #6) on or before 6/15/2020. Signed by Magistrate Judge Mac R. McCoy on 4/3/2020. (NM)
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| Filing 18 MOTION for Extension of Time to File Answer re #6 Amended Complaint in light of COVID-19 Issues by RCSH Operations, LLC. (Godzinski, Amanda) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 17 NOTICE of compliance by Amanda Godzinski re #11 Order on Motion to Appear Pro Hac Vice, 16 Notice by RCSH Operations, LLC. (Godzinski, Amanda) |
| Filing 16 NOTICE to counsel Amanda L. Godzinski of Local Rule 2.01(d), which states, each attorney must register with the Clerk of the Court and maintain an email address for electronic service by the Clerk. Maintain your e-mail address by logging into CM/ECF or register for a CM/ECF Account at www.flmd.uscourts.gov The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB) |
| Filing 15 NOTICE of filing correction of notice of appearance re #13, #14 by Robert Dix. (Scott, Melissa) |
| Filing 14 NOTICE of Appearance of Atty. Melissa Scott by Robert Dix. (Scott, Melissa) |
| Filing 13 NOTICE of Appearance of Atty. Melissa Scott by Melissa Jane Scott on behalf of Robert Dix. (Scott, Melissa) *Note: pdf attached filed in incorrect case - counsel to refile, Modified on 3/19/2020 (MLJ). |
| ***PRO HAC VICE FEES paid by attorney Amanda Godzinski, appearing on behalf of RCSH Operations, LLC (Filing fee $150 receipt number FTM014491.) Related document: #9 Unopposed MOTION for Amanda L. Godzinski to appear pro hac vice . (SPB) |
| Filing 12 NOTICE of Appearance by Jake Blumstein on behalf of Robert Dix (Blumstein, Jake) |
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Filing 11
ORDER granting #9 Unopposed Motion for Admission Pro Hac Vice and Written Designation and Consent to Act. The Clerk is directed to add Amanda L. Godzinski to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Amanda L. Godzinski must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Amanda L. Godzinski must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 3/10/2020. (NM)
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Filing 10
ENDORSED ORDER granting #7 Defendant's Unopposed Motion for Brief Extension of Time to Respond to Plaintiff's Amended Complaint. Defendant must respond to the Amended Complaint (Doc. #6) on or before 4/16/2020. Signed by Magistrate Judge Mac R. McCoy on 3/10/2020. (NM)
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| Filing 9 Unopposed MOTION for Amanda L. Godzinski to appear pro hac vice by RCSH Operations, LLC. (Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and notice by RCSH Operations, LLC identifying Corporate Parent Ruth's Hospitality Group, Inc. for RCSH Operations, LLC. (Ackerbaum Cox, Joyce) |
| Filing 7 Unopposed MOTION for Extension of Time to File Response re #6 Amended Complaint by RCSH Operations, LLC. (Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 6 AMENDED Class/Collective Action COMPLAINT for damages against RCSH Operations, LLC with Jury Demand. filed by Robert Dix.(Richards, Jordan) |
| Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/5/2020. Signed by All Divisional Judges on 2/20/2020. (jmc) |
| Filing 4 RETURN of service executed on 02/13/2020 by Robert Dix as to RCSH Operations, LLC. (Richards, Jordan) |
| Filing 3 SUMMONS issued as to RCSH Operations, LLC. (MLJ) |
| Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Mac R. McCoy. New case number: 2:20-cv-98-FtM-29MRM. (SJB) |
| Filing 1 COMPLAINT COLLECTIVE ACTION COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL against RCSH Operations, LLC with Jury Demand (Filing fee $ 400 receipt number 113A-16470766) filed by Robert Dix. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons RCSH Operations, LLC)(Richards, Jordan) |
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