Topol v. HCL America, Inc. et al
| Topol and Jeffrey Topol |
| HCL America, Inc, Artech Information Systems, LLC, IT Staffing, Inc., Donald J. Ross and Walt Disney Parks and Resorts U.S., Inc. |
| HCL America, Inc. |
| 6:2017cv00091 |
| January 20, 2017 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Polk |
| Paul G Byron |
| Roy B Dalton |
| Thomas B Smith |
| Karla R Spaulding |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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This docket was last retrieved on September 14, 2017. A more recent docket listing may be available from PACER.
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Filing 70
ORDER adopting #69 REPORT AND RECOMMENDATIONS re #68 Joint MOTION for miscellaneous relief, specifically approval of Settlement Agreement (Renewed) filed by HCL America, Inc. The Renewed Joint Motion by Plaintiff and Defendants for Approval of Settlement Agreement and Dismissal of Plaintiff's Action (Doc. 68) is GRANTED IN PART. The Court FINDS that the parties' Settlement Agreement (Doc. 68-1) is a fair and reasonable resolution of a bona fide dispute under the FLSA. The Court DECLINES to reserve jurisdiction to enforce the settlement agreement. The Complaint is DISMISSED with prejudice. The Court DECLINES to exercise supplemental jurisdiction over the Third-Party Complaint and DISMISSES that pleading. The Clerk is DIRECTED to close the file. Signed by Judge Paul G. Byron on 9/14/2017. (MMW)
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| Filing 69 REPORT AND RECOMMENDATIONS re #68 Joint MOTION for miscellaneous relief, specifically approval of Settlement Agreement filed by HCL America, Inc.. Signed by Magistrate Judge Karla R. Spaulding on 8/29/2017. (RDO) |
| Filing 68 Joint MOTION for miscellaneous relief, specifically approval of Settlement Agreement (Renewed) by HCL America, Inc.. (Attachments: #1 Exhibit A - Settlement Agreement)(Muldowney, Patrick) |
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Filing 67
ORDER granting #66 Unopposed Motion for Extension of Time for Plaintiff and Defendants to Submit Amended Settlement Agreement. The parties shall have up to and including August 22, 2017 to file their joint motion for settlement approval. Signed by Magistrate Judge Karla R. Spaulding on 8/16/2017. (ECJ)
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| Filing 66 Unopposed MOTION to extend time through and including August 22, 2017 to submit Amended Settlement Agreement by HCL America, Inc.. (Muldowney, Patrick) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 8/16/2017 (DMA). |
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Filing 65
ORDER denying without prejudice #64 Joint Motion for Approval of Settlement Agreement and Dismissal of Plaintiff's Action. On or before August 15, 2017, the parties shall either (1) file an amended settlement agreement and a renewed motion for settlement approval; or (2) comply with the FLSA Scheduling Order by filing a Case Management Report. Signed by Magistrate Judge Karla R. Spaulding on 8/3/2017. (ECJ)
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| Filing 64 Joint MOTION for miscellaneous relief, specifically Approval of Settlement Agreement and Dismissal of Plaintiff's Action by HCL America, Inc.. (Attachments: #1 Exhibit A - Settlement Agreement)(Muldowney, Patrick) |
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Filing 63
ENDORSED ORDER granting #62 Motion to extend time. New deadline: July 21, 2017. Signed by Magistrate Judge Karla R. Spaulding on 7/17/2017. (Spaulding, Karla)
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| Filing 62 MOTION to extend time to Finalize Settlement Documents and File Joint Dismissal with Prejudice by Jeffrey Topol. (Hill, Brandon) Motions referred to Magistrate Judge Karla R. Spaulding. |
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Filing 61
ORDER granting #60 Motion for Extension of Time to Finalize Settlement Documents and File Joint Dismissal with Prejudice. The deadline for the parties to file a motion for approval of their settlement is extended up to and including July 14, 2017. Signed by Magistrate Judge Karla R. Spaulding on 6/29/2017. (ECJ)
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| Filing 60 Unopposed MOTION for Extension of Time to July 7, 2017 to File motion seeking approval of the Parties' FLSA settlement agreement by Jeffrey Topol. (Hill, Brandon) Modified on 6/28/2017 (DMA). |
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Filing 59
ORDER re #58 Notice of Settlement filed by Jeffrey Topol. It is ORDERED that, on or before June 30, 2017, the parties shall file a motion for settlement approval under Lynn's Food Stores, Inc. v. United States, 679 F.2d 1360 (11th Cir. 1982). Signed by Magistrate Judge Karla R. Spaulding on 6/9/2017. (ECJ)
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| Filing 58 NOTICE of settlement by Jeffrey Topol (Hill, Brandon) |
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Filing 57
ENDORSED ORDER granting #56 Motion to extend time. New deadline: June 9, 2017.. Signed by Magistrate Judge Karla R. Spaulding on 5/30/2017. (Spaulding, Karla)
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| Filing 56 Unopposed MOTION to extend time to meet pursuant to the Court's Scheduling Order by HCL America, Inc.. (Muldowney, Patrick) Motions referred to Magistrate Judge Karla R. Spaulding. |
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Filing 55
ORDER granting #54 Motion to Appear Telephonically. Signed by Magistrate Judge Karla R. Spaulding on 5/23/2017. (RDO) Modified on 5/24/2017 (RDO).
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| Filing 54 Unopposed MOTION to Appear Telephonically at Settlement Conference by Jeffrey Topol. (Hill, Brandon) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 53 CERTIFICATE of interested persons and corporate disclosure statement re #48 Interested persons order by Artech Information Systems, LLC. (Spalter, David) |
| Filing 52 ANSWER to court interrogatories by Jeffrey Topol. (Hill, Brandon) |
| Filing 51 RESPONSE in Opposition re #45 MOTION to dismiss count II of #35 third party complaint for failure to state a claim filed by HCL America, Inc.. (Muldowney, Patrick) |
| Filing 50 RESPONSE in Opposition re #47 MOTION to Dismiss Third Party Complaint filed by HCL America, Inc.. (Muldowney, Patrick) |
| Filing 49 CERTIFICATE of interested persons and corporate disclosure statement re #48 Interested persons order by IT Staffing, Inc.. (Gonzalez, Daniel) |
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Filing 48
INTERESTED PERSONS ORDER. Defendants Artech Information Systems, LLC and IT Staffing, Inc. shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/19/2017. (GNB) copies e-mailed
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| Filing 47 MOTION to Dismiss Third Party Complaint by Artech Information Systems, LLC. (Spalter, David) |
| Filing 46 NOTICE of Attorney Appearance by Daniel Eric Gonzalez on behalf of IT Staffing, Inc. (Gonzalez, Daniel) |
| Filing 45 MOTION to dismiss count II of #35 third party complaint for failure to state a claim by IT Staffing, Inc.. (Henry, Frank) Modified on 4/19/2017 (DMA). |
| Filing 44 RETURN of service executed on March 31, 2017 by HCL America, Inc. as to Artech Information Systems, LLC. (Muldowney, Patrick) |
| Filing 43 RETURN of service executed on March 29, 2017 by HCL America, Inc. as to IT Staffing, Inc.. (Muldowney, Patrick) |
| Filing 42 NOTICE of compliance re #34 FLSA scheduling order with deadlines by HCL America, Inc. (Muldowney, Patrick) |
| Filing 41 (WRONG CODE USED. ATTORNEY CALLED AND WILL REFILE) PROOF of service by HCL America, Inc. (Muldowney, Patrick) Modified on 4/11/2017 (RDO). |
| Filing 40 RESPONSE TO ORDER TO SHOW CAUSE re #38 Order to show cause filed by HCL America, Inc.. (Muldowney, Patrick) |
| Filing 39 PROOF of service by HCL America, Inc. (Muldowney, Patrick) |
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Filing 38
ORDER to show cause why the case should not be dismissed for lack of subject matter jurisdiction as to HCL America, Inc. Show Cause Response due by 4/7/2017. Signed by Magistrate Judge Karla R. Spaulding on 3/29/2017. (ECJ)
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| Filing 37 SUMMONS issued as to IT Staffing, Inc.. (RDO) |
| Filing 36 SUMMONS issued as to Artech Information Systems, LLC. (RDO) |
| Filing 35 THIRD PARTY COMPLAINT against Artech Information Systems, LLC, IT Staffing, Inc. filed by HCL America, Inc.. (Attachments: #1 Exhibit A - Professional Services Agreement, #2 Summons directed to Artech Information Systems, LLCng, #3 Summons directed to IT Staffing, Inc.)(Muldowney, Patrick) |
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Filing 34
FLSA SCHEDULING ORDER. By 4/10/2017 parties shall serve copies upon each other as stated in the order; By 5/30/2017 parties are to meet and confer; Answer to court interrogatories due by 5/1/2017, Settlement Report due by 6/20/2017. Signed by Magistrate Judge Karla R. Spaulding on 3/20/2017. (ECJ)
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Filing 33
ORDER referring this matter to the Magistrate Judge for ruling, or if necessary, issuance of a Report and Recommendation. Signed by Judge Paul G. Byron on 3/20/2017. (MMW)
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| Filing 32 CASE MANAGEMENT REPORT. (Hill, Brandon) |
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Filing 31
ORDER (And Direction to the Clerk) granting #29 Consent Motion for Substitution of Defendant and to Correct Defendant's Name in Complaint. Signed by Magistrate Judge Karla R. Spaulding on 3/13/2017. (ECJ)
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| Filing 30 ANSWER and affirmative defenses to #1 Complaint by Donald J. Ross, Walt Disney Parks and Resorts Worldwide, Inc..(Houston, Mary) |
| Filing 29 Consent MOTION for miscellaneous relief, specifically for Substitution of Defendant and to Correct Defendant's Name in Complaint by Walt Disney Parks and Resorts Worldwide, Inc.. (Houston, Mary) |
| Filing 28 ANSWER and affirmative defenses to #1 Complaint by HCL America, Inc..(Muldowney, Patrick) |
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Filing 27
ORDER granting #22 Unopposed Motion to Allow Counsel for All Parties to Appear Telephonically at Case Management Conference. Signed by Magistrate Judge Karla R. Spaulding on 3/9/2017. (ECJ)
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| Filing 26 Case Reassigned to Judge Paul G. Byron and Magistrate Judge Karla R. Spaulding. New case number: 6:17-cv-91-ORL-40-KRS. Judge Roy B. Dalton, Jr., Magistrate Judge Thomas B. Smith no longer assigned to the case. (LMM) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 25 Remark: Doc. #21 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 3/8/2017. (SN) |
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Filing 24
ORDER to transfer magistrate judge assignment. Signed by Magistrate Judge Thomas B. Smith on 3/8/2017. (EC)
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Filing 23
ORDER reassigning this case to the Honorable Paul G. Byron for all further proceedings pursuant to Local Rule 1.04(b). Signed by Judge Roy B. Dalton, Jr. on 3/8/2017. (VMF)
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| Filing 22 Unopposed MOTION to allow counsel for all parties to Appear Telephonically at Case Management Conference by Jeffrey Topol. (Hill, Brandon) Motions referred to Magistrate Judge Karla R. Spaulding Modified on 3/9/2017 (LMM). |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Donald J. Ross, Walt Disney Parks and Resorts Worldwide, Inc.. (Houston, Mary) |
| Filing 20 NOTICE of pendency of related cases re #5 Related Case Order per Local Rule 1.04(d) by Donald J. Ross, Walt Disney Parks and Resorts Worldwide, Inc. Related case(s): yes (Houston, Mary) Modified on 3/8/2017 (LMM). |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by HCL America, Inc. identifying Corporate Parent HCL Bermuda Ltd., Corporate Parent Axon Group Ltd., Corporate Parent HCL Technologies Limited for HCL America, Inc... (Muldowney, Patrick) |
| Filing 18 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by HCL America, Inc.. Related case(s): yes (Muldowney, Patrick) |
| Filing 17 NOTICE of Appearance by Glennys Ortega Rubin on behalf of Donald J. Ross, Walt Disney Parks and Resorts Worldwide, Inc. (Rubin, Glennys) |
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Filing 16
ORDER granting #15 Motion to Substitute Attorneys for Defendants Walt Disney Parks and Resorts Worldwide, Inc., and Donald J. Ross. Signed by Magistrate Judge Thomas B. Smith on 2/27/2017. (Smith, Thomas)
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| Filing 15 Unopposed MOTION to Substitute Attorney and to Withdraw as Counsel for Defendants and Memorandum of Law by Donald J. Ross, Walt Disney Parks and Resorts Worldwide, Inc.. (Houston, Mary) Motions referred to Magistrate Judge Thomas B. Smith. |
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Filing 14
ORDER granting #12 Motion for Extension of Time to File Response/Reply. Defendants' Responses to complaint due by 3/10/2017. Signed by Magistrate Judge Thomas B. Smith on 2/10/2017. (Smith, Thomas)
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| Filing 13 Remark: Doc. #8 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 2/9/2017. (ZRR) |
| Set/reset deadlines/hearings: for HCL America, Inc., Donald J. Ross, Walt Disney Parks and Resorts Worldwide, Inc.. Answer due by 3/10/2017. (LMM) |
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by HCL America, Inc., Donald J. Ross, Walt Disney Parks and Resorts Worldwide, Inc.. (Muldowney, Patrick) Motions referred to Magistrate Judge Thomas B. Smith. |
| Filing 11 RETURN of service executed on 1/27/2017 by Jeffrey Topol as to Walt Disney Parks and Resorts Worldwide, Inc.. (Hill, Brandon) |
| Filing 10 RETURN of service executed on 1/27/2017 by Jeffrey Topol as to Donald J. Ross. (Hill, Brandon) |
| Filing 9 RETURN of service executed on 1/25/2017 by Jeffrey Topol as to HCL America, Inc.. (Hill, Brandon) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and track 2 notice by Jeffrey Topol. (Hill, Brandon) |
| Filing 7 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Jeffrey Topol. Related case(s): n (Hill, Brandon) |
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Filing 6
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 2/10/2017. Signed by Judge Roy B. Dalton, Jr. on 1/27/2017. (VMF) (ctp)
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| Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/10/2017. Signed by Deputy Clerk on 1/27/2017. (Attachments: #1, #2, #3 )(VMF) (ctp) |
| Filing 4 SUMMONS issued as to Walt Disney Parks and Resorts Worldwide, Inc.(JP) |
| Filing 3 SUMMONS issued as to HCL America, Inc. (JP) |
| Filing 2 SUMMONS issued as to Donald J. Ross. (JP) |
| Filing 1 COMPLAINT against HCL America, Inc., Donald J. Ross, Walt Disney Parks and Resorts Worldwide, Inc. with Jury Demand (Filing fee $ 400 receipt number ORL60177) filed by Jeffrey Topol. (Attachments: #1 Civil Cover Sheet)(JP) |
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