Lopez v. Elfaki, M.D., P.A.
Lopez and Yvette Lopez |
Elfaki, M.D., P.A. and Salma Elfaki, M.D., P.A. |
6:2016cv01665 |
September 23, 2016 |
US District Court for the Middle District of Florida |
Orlando Office |
Orange |
David A Baker |
Roy B Dalton |
Daniel C Irick |
Labor: Fair Standards |
29 U.S.C. § 201 Fair Labor Standards Act |
Plaintiff |
Docket Report
This docket was last retrieved on March 12, 2018. A more recent docket listing may be available from PACER.
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Filing 89 ORDER granting in part and denying in part #88 Motion for Settlement/To Dismiss. The case is DISMISSED with prejudice. The Clerk is DIRECTED to close the case. See Order for details.Signed by Magistrate Judge Daniel C. Irick on 3/12/2018. (RN) |
Filing 88 Joint MOTION for Settlement Approval, Joint MOTION to Dismiss Complaint With Prejudice by Yvette Lopez and Salma Elfaki, M.D., P.A. (Attachments: #1 Fully Executed Lopez-Elfaki Settlement Agreement)(Stern, Keith) Modified on 3/13/2018 (JET). |
Filing 87 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference previously scheduled for 4/2/18 is rescheduled. New scheduling date and time: Final Pretrial Conference set for 3/27/2018 at 10:00 AM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick.(RN) |
Filing 86 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Joint Final Pretrial statement due by 3/19/2018, A single In Limine Motion and any other motions due by 2/28/2018, Final Pretrial Conference set for 4/2/2018 at 10:00 AM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. Trial materials due 4/16/2018. Jury Trial set for 4/23/2018 before Magistrate Judge Daniel C. Irick Signed by Magistrate Judge Daniel C. Irick on 11/21/2017. (RN) |
Filing 85 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: TELEPHONIC STATUS CONFERENCE held on 11/20/2017. (Digital) (RN) |
Filing 84 NOTICE of Telephonic Hearing: Telephonic Status Conference set for 11/20/2017 at 02:00 PM before Magistrate Judge Daniel C. Irick. The parties shall arrange a conference call on their own and jointly call the courtroom at 407-835-3834 at least five minutes before the hearing is scheduled to begin.(RN) |
Filing 83 ENDORSED ORDER granting in part and denying in part #82 Motion to Continue Hearing. The hearing will be rest by separate notice as a telephonic hearing for the same time and date. Signed by Magistrate Judge Daniel C. Irick on 11/16/2017. (Irick, Daniel) |
Filing 82 MOTION to Continue 11-20-17 Status Conference by Yvette Lopez. (Stern, Keith) |
Filing 81 Case Reassigned to Magistrate Judge Daniel C. Irick as presider. New case number: 6:16-cv-1665-ORL-DCI. Judge Roy B. Dalton, Jr. no longer assigned to the case. (LMM) |
Filing 80 ORDER denying #57 Motion for summary judgment. See Order for details. Signed by Magistrate Judge Daniel C. Irick on 11/14/2017. (RN) |
Filing 79 NOTICE of Hearing: In-person Status Conference set for 11/20/2017 at 02:00 PM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. (RN) |
Filing 78 ENDORSED ORDER Vacating #73 REPORT AND RECOMMENDATION re #57 Motion for summary judgment filed by Salma Elfaki, M.D., P.A. An Order addressing the Motion will follow. Signed by Magistrate Judge Daniel C. Irick on 11/14/2017. (Irick, Daniel) |
Filing 77 ORDER approving consent to jurisdiction by US Magistrate Judge. Signed by Judge Roy B. Dalton, Jr. on 11/14/2017. (VMF) |
Filing 76 CONSENT to trial by U.S. Magistrate Judge by Yvette Lopez. (Stern, Keith) |
Filing 75 Minute Entry. Proceedings held before Magistrate Judge Karla R. Spaulding: TELEPHONIC SETTLEMENT CONFERENCE held on 11/13/2017. (DIGITAL) (ECJ) |
Magistrate Judge Karla R. Spaulding no longer assigned to case. (ECJ) |
Filing 74 ENDORSED ORDER granting #72 Motion to Continue. The settlement conference is rescheduled to November 13, 2017 at 10:30 a.m. All other instructions in the original notice of settlement conference remain in effect. Signed by Magistrate Judge Karla R. Spaulding on 11/3/2017. (Spaulding, Karla) |
Set/reset hearings: Telephonic Settlement Conference set for 11/13/2017 at 10:30 AM in Orlando Courtroom 5 D before Magistrate Judge Karla R. Spaulding. (ECJ) |
Filing 73 **VACATED PER 78 ORDER** REPORT AND RECOMMENDATION re #57 MOTION for summary judgment filed by Salma Elfaki, M.D., P.A.. It is RECOMMENDED that the Motion be DENIED. See Order for details. Signed by Magistrate Judge Daniel C. Irick on 11/2/2017. (RN) Modified on 11/15/2017 (LMM). |
Filing 72 Unopposed MOTION to Continue November 6, 2017 Settlement Conference by Yvette Lopez. (Stern, Keith) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 11/3/2017 (LMM). |
Filing 71 NOTICE TO COUNSEL regarding the Telephonic Settlement Conference scheduled for 11/6/2017 at 10:30 AM. Counsel shall call five minutes before the scheduled hearing time: 1-888-684-8852; Access Code: 7105584; Security Code: 110617 (ECJ) |
Filing 70 ORDER AND NOTICE OF TELEPHONIC SETTLEMENT CONFERENCE: Telephonic Settlement Conference set for 11/6/2017 at 10:30 AM in Orlando Courtroom 5 D before Magistrate Judge Karla R. Spaulding Signed by Magistrate Judge Karla R. Spaulding on 10/31/2017. (ECJ) |
Filing 69 ENDORSED ORDER granting in part and denying in part #68 Motion for settlement conference. The parties are REFERRED to a settlement conference. The Clerk is DIRECTED to randomly assign a magistrate judge, other than U.S. Magistrate Judge Daniel C. Irick, to preside over the settlement conference. (ZRR) |
Magistrate Judge Karla R. Spaulding added as settlement judge. (MAA) |
Filing 68 Unopposed MOTION for settlement conference referral before a United States Magistrate Judge by Yvette Lopez. (Solis Rojas, Hazel) . Modified on 10/27/2017 (LMM). |
Filing 67 REPLY to Response to Motion re #57 MOTION for summary judgment filed by Salma Elfaki, M.D., P.A.. (Spalter, David) |
Set/reset deadlines as to #57 MOTION for summary judgment . Replies due by 9/7/2017. (LMM) |
Filing 66 ENDORSED ORDER granting #65 Defendant's Renewed Unopposed Motion for Enlargement of Time to File Reply to Plaintiff's Response in Opposition to Motion for Summary Judgment. Defendant shall file its reply on or before September 7, 2017. Signed by Magistrate Judge Daniel C. Irick on 8/25/2017. (Irick, Daniel) |
Filing 65 Renewed Unopposed MOTION to extend time to File Reply to Plaintiff's Response in Opposition to Motion for Summary Judgment by Salma Elfaki, M.D., P.A. (Spalter, David) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 8/28/2017 (LMM). |
Filing 64 ENDORSED ORDER denying without prejudice #63 Defendant's Motion for Enlargement of Time to File Reply to Plaintiff's Response in Opposition to Motion for Summary Judgment, for failure to comply with Local Rule 3.01(g). Signed by Magistrate Judge Daniel C. Irick on 8/24/2017. (Irick, Daniel) |
Filing 63 MOTION to extend time to File Reply to Plaintiff's Response in Opposition to Motion for Summary Judgment by Salma Elfaki, M.D., P.A.. (Spalter, David) Motions referred to Magistrate Judge Daniel C. Irick. |
Filing 62 RESPONSE in Opposition re #57 MOTION for summary judgment filed by Yvette Lopez. (Attachments: #1 Exhibit Deposition of Salma Elfaki,M.D. Transcript, #2 Exhibit Declaration of Mirella Gonzalez, #3 Exhibit Declaration of Yvette Lopez)(Solis Rojas, Hazel) |
Filing 61 ENDORSED ORDER granting #60 Plaintiff's Motion for Enlargement of Page Limit of Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment. Plaintiff's response to Defendant's Motion for Summary Judgment (Doc. 57) shall not exceed 25 pages in length. (Irick, Daniel) |
Filing 60 MOTION for Leave to File Excess Pages by Yvette Lopez. (Solis Rojas, Hazel) Motions referred to Magistrate Judge Daniel C. Irick. |
Filing 59 NOTICE of supplemental authority re #57 MOTION for summary judgment by Salma Elfaki, M.D., P.A.. (Attachments: #1 Exhibit A - Ana Garcia v. ALS Education, Inc.)(Spalter, David) |
Filing 58 ORDER REFERRING case in its entirety to U.S Magistrate Judge Daniel C. Irick for the preparation of a Report and Recommendation regarding an appropriate resolution of the case. Signed by Judge Roy B. Dalton, Jr. on 7/27/2017. (Attachments: #1 )(VMF) |
Filing 57 MOTION for summary judgment by Salma Elfaki, M.D., P.A.. (Attachments: #1 Exhibit A - Resume, #2 Exhibit B - Resume, #3 Exhibit C - LinkedIn Page, #4 Exhibit D - Transcript of Yvette Lopez Deposition, #5 Exhibit E - Text Message, #6 Exhibit F - Contract)(Spalter, David) |
Filing 56 ENDORSED ORDER denying #55 Joint Motion To Extend Discovery And Dispositive Motion Deadlines. The reference to Fed. R. Civ. P. 6(b)(2) is puzzling. Motions to extend discovery filed after the expiration of the discovery period are especially disfavored. The parties failure to undertake discovery initiatives in an expeditious way does not constitute good cause to warrant enlargement of the more than ample time periods established in the case management scheduling order. The Court takes judicial notice of the fact that Mirella Merizalde was pregnant for at least approximately 9 months before the delivery of the child cited as grounds for the requested extension. Signed by Judge Roy B. Dalton, Jr. on 7/13/2017. (Dalton, Jr., Roy) |
Filing 55 Joint MOTION to extend Discovery and Dispositive Motions Deadlines by Salma Elfaki, M.D., P.A.. (Spalter, David) Motions no longer referred to Magistrate Judge Daniel C. Irick. Modified on 7/12/2017 (LMM). |
Filing 54 ENDORSED ORDER denying without prejudice #53 Defendant's Motion for Enlargement of Time to Take Deposition, for a failure comply with Local Rule 3.01(g). See also Doc. 47 at 6. Signed by Magistrate Judge Daniel C. Irick on 7/3/2017. (Irick, Daniel) |
Filing 53 MOTION for Extension of Time to take deposition by Salma Elfaki, M.D., P.A.. (Spalter, David) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 7/3/2017 (LMM). |
Filing 52 MEDIATION report Hearing held on June 6, 2017. Hearing outcome: Impasse.. (Burruezo, Carlos) |
Filing 51 NOTICE of Appearance by Hazel Solis Rojas on behalf of Yvette Lopez (Solis Rojas, Hazel) |
Filing 50 NOTICE of mediation conference/hearing to be held on June 6, 2017 @ 10:00 a.m. before Carlos Burruezo.(Stern, Keith) |
Filing 49 CASE REFERRED to Mediation. (LMM) |
Filing 48 ORDER -- the parties are directed to confer, and then advise the Court, on the selection of a mediator no later than March 27, 2017. Signed by Judge Roy B. Dalton, Jr. on 3/14/2017. (VMF) |
Filing 47 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 6/30/2017, Dispositive motions due by 7/14/2017, Pretrial statement due by 12/14/2017, All other motions due by 11/30/2017, Final Pretrial Conference set for 12/21/2017 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Jury Trial set for the trial term commencing 1/2/2018 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Conduct mediation hearing by 7/12/2017. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 3/14/2017. (VMF) |
Filing 46 Remark: Docs. #42 and #44 have been reviewed. Signed by Judge Roy B. Dalton, Jr. on 3/6/2017. (ZRR) |
Filing 45 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Yvette Lopez. Related case(s): no (Stern, Keith) |
Filing 44 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Yvette Lopez. (Stern, Keith) |
Filing 43 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Salma Elfaki, M.D., P.A.. Related case(s): no (Spalter, David) |
Filing 42 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case order and track 2 notice by Salma Elfaki, M.D., P.A.. (Spalter, David) |
Filing 41 CASE MANAGEMENT REPORT. (Stern, Keith) |
Filing 40 SETTLEMENT/TRIAL report by Yvette Lopez. (Stern, Keith) |
Filing 39 ENDORSED ORDER granting #37 Motion to extend time to conduct in-person settlement conference. The parties shall conduct the conference on or before February 17, 2017. Signed by Magistrate Judge Daniel C. Irick on 2/3/2017. (Irick, Daniel) |
Filing 38 NOTICE to counsel of Local Rule 2.01, copies mailed to Hazel Rojas(signed by deputy clerk). (JP) Modified on 2/3/2017 (JET). Notice filed in error. This attorney has been admitted and is in good standing. |
Filing 37 Unopposed MOTION to extend time to Complete Attorneys In Person Conference on Settlement by Yvette Lopez. (Stern, Keith) Motions referred to Magistrate Judge Daniel C. Irick. |
Filing 36 NOTICE of Appearance by Keith M. Stern on behalf of Yvette Lopez (Stern, Keith) |
Filing 35 ORDER granting #34 Richard Celler Legal P.A.'s Unopposed Motion to Withdraw as Counsel for Plaintiff. (Attorney Richard Bernard Celler and Noah E. Storch terminated.) Signed by Magistrate Judge Daniel C. Irick on 1/4/2017. (SWT) |
Filing 34 Unopposed MOTION for Richard Celler and Richard Celler Legal, P.A. to withdraw as attorney by Yvette Lopez. (Celler, Richard) Motions referred to Magistrate Judge Daniel C. Irick. |
Filing 33 ENDORSED ORDER granting #32 Motion for Extension of Time. The parties shall meet and confer in a good faith effort to settle all pending issues in this case on or before January 12, 2017. Defendant represents that Plaintiff's counsel recently advised him of their intent to file a motion to withdraw from representation in this matter. If Plaintiff's counsel intends to withdraw, then they shall file their motion to withdraw on or before January 6, 2017. Signed by Magistrate Judge Daniel C. Irick on 12/29/2016. (Irick, Daniel) |
Filing 32 Unopposed MOTION to extend time (10 days) to Meet and Confer by Salma Elfaki, M.D., P.A. (Spalter, David) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 12/30/2016 (SWT). |
Filing 31 ORDER denying without prejudice #12 Motion to Disqualify Plaintiff's Counsel. Signed by Magistrate Judge Daniel C. Irick on 12/28/2016. (SWT) |
Filing 30 ORDER discharging #22 Order to Show cause. Signed by Magistrate Judge Daniel C. Irick on 12/28/2016. (SWT) |
Filing 29 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: MOTION HEARING held on 12/21/2016 re #12 MOTION to Disqualify Counsel filed by Salma Elfaki, M.D., P.A. (digital) (RN) |
Filing 28 Supplemental DEFENDANT'S BRIEF re #21 Order pdf filed by Salma Elfaki, M.D., P.A. (Spalter, David) Modified on 12/20/2016 (EJS). |
Filing 27 Supplemental PLAINTIFF'S BRIEF re #21 Order pdf filed by Yvette Lopez. (Celler, Richard) Modified on 12/20/2016 (EJS). |
Filing 26 ENDORSED ORDER denying #24 Motion to Appear Telephonically. (Irick, Daniel) |
Filing 25 RESPONSE in Opposition re #24 MOTION to Appear Telephonically filed by Salma Elfaki, M.D., P.A. (Attachments: #1 Exhibit A - E-mail from Sheila Niebles dated 12/16/16)(Spalter, David) |
Filing 24 MOTION to Appear Telephonically by Yvette Lopez. (Celler, Richard) Motions referred to Magistrate Judge Daniel C. Irick. |
Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re #22 Order to show cause filed by Yvette Lopez. (Attachments: #1 Exhibit A- Declaration of Sheila Niebles)(Celler, Richard) |
Filing 22 ORDER to Show Cause as to Plaintiff's Counsel. On or before December 16, 2016, Plaintiff's counsel shall show cause in writing why sanctions, including, but not limited to, monetary sanctions, such as payment of Defendant's costs or a fine, should not be imposed for failing to appear at the hearing. Failure to respond to this Order in the time provided will result in a report recommending the Court impose sanctions, including, but not limited to those identified above, on Plaintiff's counsel. Show Cause Response due by 12/16/2016. Signed by Magistrate Judge Daniel C. Irick on 12/13/2016. (EJS) |
Filing 21 ORDERED that the parties shall each file a supplement brief no more than 10 pages addressing the issues to be heard at the December 21, 2016 hearing, on or before December 19, 2016 at 5:00 p.m. Signed by Magistrate Judge Daniel C. Irick on 12/13/2016. (EJS) |
Filing 20 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: MOTION HEARING held on 12/13/2016 re #12 MOTION to Disqualify Counsel filed by Salma Elfaki, M.D., P.A. No appearance by Plaintiff. Hearing to be reset. (digital) (RN) |
Filing 19 NOTICE OF HEARING ON MOTION re #12 MOTION to Disqualify Counsel . Motion Hearing set for 12/21/2016 at 11:00 AM in Orlando Courtroom 6 D before Magistrate Judge Daniel C. Irick. (RN) |
Filing 18 NOTICE of Filing Answers to Court Interrogatories by Yvette Lopez re #11 FLSA scheduling order (Attachment: #1 Exhibit A- Court Interrogatories)(Storch, Noah) Modified on 12/6/2016 (EJS). |
Filing 17 NOTICE of hearing on motion re #12 MOTION to Disqualify Counsel . Motion Hearing set for 12/13/2016 at 02:00 PM in Orlando Courtroom 6 D before Magistrate Judge Daniel C. Irick. (RN) |
Set deadlines as to #12 MOTION to Disqualify Counsel . Defendant Reply due by 11/25/2016. (EJS) |
Filing 16 REPLY to Response to Motion re #12 MOTION to Disqualify Counsel filed by Salma Elfaki, M.D., P.A. (Attachments: #1 Exhibit A - Retainer, #2 Exhibit B - October 10 Letter, #3 Exhibit C - October 25 Letter)(Spalter, David) |
Filing 15 ENDORSED ORDER granting #14 Motion for Leave to File Reply. Defendant may file a reply of no more than five pages, on or before November 25, 2016. Signed by Magistrate Judge Daniel C. Irick on 11/18/2016. (Irick, Daniel) |
Filing 14 MOTION for leave to file Reply to Plaintiff's Response to Defendants Motion to Disqualify Plaintiff's Counsel by Salma Elfaki, M.D., P.A. (Spalter, David) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 11/18/2016 (EJS). |
Filing 13 RESPONSE to Motion re #12 MOTION to Disqualify Counsel filed by Yvette Lopez. (Celler, Richard) |
Filing 12 MOTION to Disqualify Counsel by Salma Elfaki, M.D., P.A. (Attachments: #1 Exhibit A - May 11, 2016 Letter, #2 Exhibit B - November 19, 2015 Letter)(Spalter, David) Motions referred to Magistrate Judge Daniel C. Irick. |
Filing 11 FLSA SCHEDULING ORDER. Signed by Judge Roy B. Dalton, Jr. on 10/24/2016. (VMF) |
Filing 10 ANSWER and affirmative defenses to #1 Complaint by Salma Elfaki, M.D., P.A.(Spalter, David) |
Filing 9 Remark: Doc. #8 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 10/13/2016. (ZRR) |
Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Yvette Lopez. (Storch, Noah) |
Filing 7 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Yvette Lopez. Related case(s): no (Storch, Noah) |
Filing 6 (ATTORNEY TO REFILE USING THE EVENT SUMMONS RETURNED EXECUTED) AFFIDAVIT of SERVICE by Yvette Lopez. (Celler, Richard) Modified on 10/5/2016 (EJS). |
Filing 5 Case reassigned to Magistrate Judge Daniel C. Irick. New case number: 6:16-cv-1665-37-DCI. Magistrate Judge David A. Baker no longer assigned to the case. (LAK) |
Filing 4 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/7/2016. Signed by Judge Roy B. Dalton, Jr. on 9/23/2016. (VMF) (ctp) |
Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/7/2016. Signed by Deputy Clerk on 9/23/2016. (Attachments: #1, #2, #3 )(VMF) (ctp) |
Filing 2 SUMMONS issued as to Salma Elfaki, M.D., P.A. (SWT) |
Filing 1 COMPLAINT against Salma Elfaki, M.D., P.A. with Jury Demand (Filing fee $ 400 receipt number ORL-56980) filed by Yvette Lopez. (Attachments: #1 Civil Cover Sheet)(SWT) |
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