Rummage v. Jimmy John's of Estero, Inc. et al
| Anne Rummage |
| Jimmy John's of Estero, Inc. and Zachary Eaton |
| 2:2022cv00759 |
| November 30, 2022 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| 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 May 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 MOTION for Default Judgment against Zachary Eaton, Jimmy John's of Estero, Inc. and Incorporated Memorandum of Law by Anne Rummage. (Attachments: #1 Exhibit A - Email Thread Regarding Peter Fisher's Motion to Withdrawal, #2 Exhibit B - Plaintiff's Sworn Answers to the Court's Interrogatories [D.E.17-1])(Murthy, Angeli) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 32 Clerk's ENTRY OF DEFAULT as to Zachary Eaton (JK) |
| Filing 31 Clerk's ENTRY OF DEFAULT as to Jimmy John's of Estero, Inc. (JK) |
Filing 30
TEXT ORDER: The court ordered defendants to show cause by April 19, 2023, why default should not be entered against them. The defendants failed to do so. Accordingly, the clerk is directed to enter clerk's default against defendants Zachary Eaton and Jimmy John's. Signed by Magistrate Judge Nicholas P. Mizell on 4/20/2023. (BB)
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Filing 29
TEXT ORDER TO SHOW CAUSE: On March 29, 2023, the court set a hearing on the motion to withdraw. The court reminded defendant Jimmy John's--a corporation--that it must appear through counsel. And the court required defendant Eaton to attend the hearing. Eaton failed to attend the hearing, and Jimmy John's did not appear through substitute counsel. By April 19, 2023, defendants must show cause why default should not be entered against them for failing to defend and failing to appear as ordered. Fed. R. Civ. P. 16(f)(1), 55(a). Signed by Magistrate Judge Nicholas P. Mizell on 4/5/2023. (BB)
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Filing 28
ENDORSED ORDER granting #18 motion to withdraw as counsel for defendants. Attorney Peter M. Fisher shall have no further responsibility in this case. The clerk is directed to discontinue sending attorney Fisher electronic notifications and to add the contact information provided in Doc. 18 for Eaton and Jimmy John's to the docket. Signed by Magistrate Judge Nicholas P. Mizell on 4/5/2023. (BB)
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| Filing 26 Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: denying 24 ORAL Motion to postpone mediation; granting 25 ORAL Motion to Stay FLSA Scheduling Order; MOTION HEARING held on 4/5/2023. (Digital) (CGW) |
| Filing 25 ORAL MOTION to Stay FLSA Scheduling Order by Anne Rummage. (CGW) |
| Filing 24 Defendants' ORAL MOTION for Extension of Time to postpone mediation by Zachary Eaton, Jimmy John's of Estero, Inc. (CGW) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 23 DOCKETED IN ERROR--Defendants' ORAL MOTION for Extension of Time to obtain new counsel by Zachary Eaton, Jimmy John's of Estero, Inc. (CGW) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 4/5/2023 (CGW). |
| Filing 22 NOTICE Confirming Delivery of Hearing Notice by Zachary Eaton, Jimmy John's of Estero, Inc. re #18 Unopposed MOTION for Peter M Fisher to Withdraw as Attorney (Fisher, Peter) Modified text on 3/30/2023 (JK). |
| Filing 21 NOTICE OF RESCHEDULING HEARING: The Motion Hearing scheduled for 4/4/2023 is rescheduled to 4/5/2023 at 10:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell. Defendant Eaton and Attorney Fisher must appear in person. By March 28, 2023, Attorney Fisher must file a Notice confirming he has delivered this hearing notice to defendant Eaton and conferred with him about the requirement that he attend. The defendants are reminded that a corporation may only appear through counsel. M.D. Fla. R. 2.02(b)(2). The court will cancel the hearing if the defendants notify the court they have resolved their differences with Attorney Fisher or new counsel appears on behalf of defendants.(WRW) |
| Filing 20 NOTICE of hearing on motion re #18 Unopposed MOTION for Peter M Fisher to Withdraw as Attorney for Defendants. Motion Hearing set for 4/4/2023 at 10:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell. Defendant Eaton and Attorney Fisher must appear in person. By March 28, 2023, Attorney Fisher must file a Notice confirming he has delivered this hearing notice to defendant Eaton and conferred with him about the requirement that he attend. The defendants are reminded that a corporation may only appear through counsel. M.D. Fla. R. 2.02(b)(2). The court will cancel the hearing if the defendants notify the court they have resolved their differences with Attorney Fisher or new counsel appears on behalf of defendants.(WRW) |
| Filing 19 NOTICE of mediation conference/hearing to be held on 04/10/2023 at 10:00 a.m. before Scott E. Atwood.(Murthy, Angeli) |
| Filing 18 Unopposed MOTION for Peter M Fisher to Withdraw as Attorney for Defendants by All Defendants. (Fisher, Peter) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 17 ANSWER to court interrogatories by Anne Rummage. (Attachments: #1 Exhibit 1 - Plaintiff's Answers to Court's Interrogatories)(Murthy, Angeli) |
| Filing 16 ANSWER and affirmative defenses to #1 Complaint, by Zachary Eaton, Jimmy John's of Estero, Inc. (Fisher, Peter) Modified text on 3/10/2023 (JK). |
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Filing 15
TEXT ORDER: The court granted defendants' (second) unopposed motion for more time to respond to the complaint and set a March 1, 2023, deadline. (Doc. 14). A response has not been filed. If the defendants do not respond by March 15, the court will direct the clerk to enter defaults. Signed by Magistrate Judge Nicholas P. Mizell on 3/9/2023. (BB) Modified on 3/9/2023 (BB).
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Filing 14
ENDORSED ORDER granting #13 defendants' unopposed motion for more time to respond. By March 1, 2023, defendants must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 2/10/2023. (BB)
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| Filing 13 Second MOTION for Extension of Time to File Answer by All Defendants. (Fisher, Peter) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 12
ENDORSED ORDER granting #10 defendants' unopposed motion for more time to respond. By February 9, 2023, defendants must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 1/12/2023. (BB)
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Filing 11
FLSA FAST TRACK SCHEDULING ORDER. See order for Court deadlines and directives. Signed by Judge Sheri Polster Chappell on 1/12/2023. (AEH)
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| Filing 10 Unopposed MOTION for Extension of Time to File Answer by All Defendants. (Fisher, Peter) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 9 RETURN of service executed on 12/19/2022 by Anne Rummage as to Zachary Eaton. (Murthy, Angeli) |
| Filing 8 RETURN of service executed on 12/19/2022 by Anne Rummage as to Jimmy John's of Estero, Inc. (Murthy, Angeli) |
| Filing 7 SUMMONS issued as to Zachary Eaton. (JK) |
| Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Anne Rummage. Related case(s): Yes (Murthy, Angeli) |
| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Anne Rummage. (Murthy, Angeli) |
| Filing 4 SUMMONS issued as to Jimmy John's of Estero, Inc. (JK) Modified docket text on 12/5/2022 (JK). |
| Filing 3 CIVIL Action Order Signed by All Divisional Judges on 12/1/2022. (JK) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0759-SPC-NPM. (SJB) |
| Filing 1 COMPLAINT against Zachary Eaton, Jimmy John's of Estero, Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-20252019) filed by Anne Rummage. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons - Jimmy John's of Estero, Inc., #3 Proposed Summons -Zachary Eaton)(Murthy, Angeli) |
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