Garza v. Waste Connections of Florida, Inc.
Plaintiff: Timothy Garza
Defendant: Waste Connections of Florida, Inc.
Case Number: 2:2021cv00054
Filed: January 21, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Nicholas P Mizell
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2021 Filing 27 JUDGMENT ( Signed by Deputy Clerk) and CASE CLOSED per #26 order (JK)
July 28, 2021 Opinion or Order Filing 26 ORDER accepting and adopting the Report and Recommendation (Doc. #25) and incorporating the findings herein. The Joint Motion for Approval of Settlement Agreement (Doc. #23) is GRANTED to the extent the parties seek approval of their FLSA Settlement Agreement (Doc. [23-1]) and dismissal of this case. This action is DISMISSED with prejudice. The Clerk is DIRECTED to enter judgment, terminate any pending motions or deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 7/28/2021. (CMC)
July 12, 2021 Filing 25 REPORT AND RECOMMENDATIONS recommending #23 Joint Motion for Approval of Settlement Agreement be granted and the Clerk of Court be directed to dismiss this action with prejudice, terminate all pending motions, and close the file. See report for details. Signed by Magistrate Judge Nicholas P. Mizell on 7/12/2021. (SM)
June 23, 2021 Opinion or Order Filing 24 ENDORSED ORDER directing the Clerk of Court to vacate the Endorsed Order dated June 22, 2021 (Doc. 22) and to reopen this action for the Court to consider the parties' Joint Motion for Approval of Settlement Agreement (Doc. #23). Signed by Judge Sheri Polster Chappell on 6/23/2021. (CMC)
June 22, 2021 Filing 23 Joint MOTION for Miscellaneous Relief, specifically for Approval of Settlement Agreement by Waste Connections of Florida, Inc.. (Attachments: #1 Exhibit A - FLSA Settlement Agreement)(Schachter, Ashley) Motions referred to Magistrate Judge Nicholas P. Mizell.
June 22, 2021 Opinion or Order Filing 22 ENDORSED ORDER. Before the Court is Plaintiff's Notice of Settlement (Doc. #21). As the parties have settled this action, the Court will administratively close the case and dismiss this action without prejudice. See M.D. Fla. R. 3.09(b). Accordingly, it is ORDERED that this action is DISMISSED without prejudice subject to the right of a party to move to reopen the case for entry of a stipulated final order or a judgment or for further proceedings on or before July 22, 2021. See M.D. Fla. R. 3.09(b). If no party files an appropriate paper by that deadline, then the Clerk is DIRECTED to dismiss the action with prejudice and without further order. The Clerk is now DIRECTED to deny all pending motions as moot, terminate any deadlines, and administratively close the case. Signed by Judge Sheri Polster Chappell on 6/22/2021. (CMC) VACATED pursuant to 24 Order Modified on 6/23/2021 (LYB).
June 18, 2021 Filing 21 NOTICE of settlement by Timothy Garza (Yormak, Benjamin)
June 17, 2021 Opinion or Order Filing 20 ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. On June 9, 2021, the parties attended mediation. (Doc. #17). But they have not told the Court its outcome. Accordingly, the Court ORDERS the parties to jointly tell it, in writing, about the status of mediation on or before June 21, 2021. Signed by Judge Sheri Polster Chappell on 6/17/2021. (CMC)
June 3, 2021 Filing 18 Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 6/3/2021. (DIGITAL) (WRW)
May 25, 2021 Filing 17 NOTICE of mediation conference/hearing to be held on June 9, 2021 at 9:00 A.M. before Ms. Carolyn K. Alvarez, Esq.. (Yormak, Benjamin)
May 7, 2021 Filing 16 ANSWER to court interrogatories re: #10 Case Management / FLSA / ADA / Social Security / Scheduling Order by Timothy Garza. (Yormak, Benjamin)
April 16, 2021 Filing 15 NOTICE to counsel Ashley M. Schachter of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (LYB)
April 9, 2021 Filing 14 ANSWER and affirmative defenses to #1 Complaint, by Waste Connections of Florida, Inc..(Ackerbaum Cox, Joyce)
April 8, 2021 Filing 13 NOTICE of compliance re #10 Case Management / FLSA / ADA / Social Security / Scheduling Order, by Waste Connections of Florida, Inc. (Ackerbaum Cox, Joyce)
April 8, 2021 Filing 12 NOTICE of compliance re #10 Case Management / FLSA / ADA / Social Security / Scheduling Order, by Timothy Garza (Yormak, Benjamin)
March 10, 2021 Filing 11 NOTICE of hearing: Status Conference set for 6/3/2021 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 21054. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW)
March 9, 2021 Opinion or Order Filing 10 FLSA SCHEDULING ORDER: By 4/8/2021 parties shall serve copies upon each other as stated in the order; Answer to court interrogatories due by 5/8/2021. See order for additional Court deadlines and directives. Signed by Judge Sheri Polster Chappell on 3/9/2021. (AEH)
March 8, 2021 Opinion or Order Filing 9 ENDORSED ORDER granting #7 Defendant's Unopposed Motion for Extension of Time to Respond to the Plaintiff's Complaint. By April 9, 2021, Defendant will respond to the Complaint. Also, counsel is reminded new Local Rule 3.01(g) requires a separate "Local Rule 3.01(g) Certification" section at the end of a motion. Signed by Magistrate Judge Nicholas P. Mizell on 3/8/2021. (SM)
March 8, 2021 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Waste Connections of Florida, Inc.. (Ackerbaum Cox, Joyce)
March 8, 2021 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Waste Connections of Florida, Inc.. (Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Nicholas P. Mizell.
February 24, 2021 Filing 6 RETURN of service executed on 2/17/2021 by Timothy Garza as to Waste Connections of Florida, Inc.. (Yormak, Benjamin)
February 3, 2021 Filing 5 NOTICE TO COUNSEL of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (AEH)
February 3, 2021 Opinion or Order Filing 4 CIVIL ACTION ORDER. See order for Court deadlines and directives. Signed by Judge Sheri Polster Chappell, Judge John Badalamenti, Judge John E. Steele, Judge Mac R. McCoy and Judge Nicholas P. Mizell on 2/3/2021.(AEH)
January 22, 2021 Filing 3 SUMMONS issued as to Waste Connections of Florida, Inc.. (drn)
January 21, 2021 Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:21-cv-0054-FtM-38NPM. (SJB)
January 21, 2021 Filing 1 COMPLAINT against Waste Connections of Florida, Inc. with Jury Demand (Filing fee $ 402 receipt number 113A-17795788) filed by Timothy Garza. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Yormak, Benjamin)

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Defendant: Waste Connections of Florida, Inc.
Represented By: Joyce Ackerbaum Cox
Represented By: Ashley Marissa Schachter
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Plaintiff: Timothy Garza
Represented By: Benjamin H. Yormak
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