Dalton v. Physicians Stat Lab, inc. et al
| Amy Dalton |
| Nathan Hawkins, Lifestyle Medical Network, Inc., Christopher L. Smith, Physicians Stat Lab, inc. and Christopher Smith |
| 6:2017cv02125 |
| December 12, 2017 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Orange |
| Anne C Conway |
| Karla R Spaulding |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
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Filing 37
ORDER adopting #35 Report and Recommendations.; granting #34 Motion for Settlement. The Court finds that the Settlement Agreement and Release of FLSA Claims is a fair and reasonable resolution of a bona fide dispute under the FLSA. Plaintiff's counsel is prohibited from withholding any of the $2,050.00 settlement payment due to Plaintiff pursuant to a contingency fee agreement or otherwise. Plaintiff's FLSA claim (Count I) is hereby DISMISSED with prejudice. Plaintiff's breach of contract claim (Count II) is hereby DISMISSED without prejudice. Pursuant to 28 U.S.C. 1367(d), the limitations period for the claim asserted is tolled for a period of 30 days after the date of this Order. The Clerk is directed to CLOSE the file. Signed by Judge Anne C. Conway on 2/6/2019. (RMF)
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| Filing 36 JOINT NOTICE of Non-Objection by Amy Dalton, Physicians Stat Lab, Inc., and Nathan Hawkins re #35 REPORT AND RECOMMENDATIONS re #34 Joint MOTION for Settlement Approval filed by Physicians Stat Lab, inc., Nathan Hawkins, Amy Dalton. Non-Objection to Report and Recommendation (jointly filed) (Leach, Carlos) Modified on 2/1/2019 (RMF). |
| Filing 35 REPORT AND RECOMMENDATIONS re #34 Joint MOTION for Settlement Approval filed by Physicians Stat Lab, inc., Nathan Hawkins, Amy Dalton. Signed by Magistrate Judge Karla R. Spaulding on 1/22/2019. (DMA) |
| Filing 34 Joint MOTION for Settlement Approval by Amy Dalton, Physicians Stat Lab, Inc., and Nathan Hawkins. (Attachments: #1 Exhibit A - Settlement Agreement and Release of FLSA Claims)(Leach, Carlos) Modified on 1/10/2019 (RMF). |
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Filing 33
ORDER Adopting #31 Report and Recommendations. Granting in part #30 Renewed Joint Motion for Approval of FLSA Settlement. Plaintiff's FLSA claim (Count 1 of the Complaint) against the LMN Defendants is dismissed with prejudice. The Court declines to reserve jurisdiction to enforce the Agreement. Pursuant to the stipulation of dismissal #32, Plaintiff's breach of contract claim (Count II of the Complaint) against the LMN Defendants is dismissed with prejudice. The Clerk is directed to terminate Lifestyle Medical Network, Inc. and Christopher Smith as parties to this action. See PDF for details. Signed by Judge Anne C. Conway on 1/3/2019. (RMF)
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| Filing 32 STIPULATION of Dismissal (Joint) with Prejudice of Count II of the Complaint as to the LMN Defendants by Lifestyle Medical Network, Inc., Christopher Smith, and Amy Dalton. (Lopez-Campillo, Juan) Modified on 1/3/2019 (RMF). |
| Filing 31 REPORT AND RECOMMENDATIONS re #30 Renewed Joint MOTION for miscellaneous relief, specifically to Approve FLSA Settlement. A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1. Signed by Magistrate Judge Karla R. Spaulding on 12/13/2018. (DMA) |
| Filing 30 Joint MOTION for miscellaneous relief, specifically to Approve FLSA Settlement (renewed) by Lifestyle Medical Network, Inc., Christopher Smith, and Amy Dalton. (Lopez-Campillo, Juan) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 11/14/2018 (RMF). |
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Filing 29
ORDER denying without prejudice #27 Joint Motion for Approval of FLSA Settlement. A renewed motion to approve the settlement must be filed on or before December 7, 2018. Signed by Magistrate Judge Karla R. Spaulding on 11/8/2018. (ECJ)
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| Filing 28 NOTICE of settlement by Lifestyle Medical Network, Inc., Christopher Smith (Lopez-Campillo, Juan) |
| Filing 27 Joint MOTION for miscellaneous relief, specifically to Approve FLSA Settlement by Lifestyle Medical Network, Inc., Christopher Smith, and Amy Dalton. (Attachments: #1 Exhibit FLSA Settlement Agreement)(Lopez-Campillo, Juan) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 10/30/2018 (RMF). |
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Filing 26
ORDER denying without prejudice #25 Motion to Withdraw as Attorney. Signed by Magistrate Judge Karla R. Spaulding on 8/29/2018. (DMA)
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| Filing 25 Unopposed MOTION for Juan C. Lopez-Campillo/CMNSG&Z to withdraw as attorney for LMN/Smith by Lifestyle Medical Network, Inc., Christopher Smith. (Lopez-Campillo, Juan) Motions referred to Magistrate Judge Karla R. Spaulding. |
| Filing 24 NOTICE of mediation conference/hearing to be held on 1-15-19 11:00 am before Kimberly Sands, Esq.. (Leach, Carlos) |
| Filing 23 CASE REFERRED to Mediation. Copies emailed to mediator. (BIA) |
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Filing 22
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/16/2018, Joinder of Parties due by 4/16/2018, Discovery due by 1/7/2019, Dispositive motions due by 4/1/2019, Pretrial statement due by 8/23/2019, All other motions due by 6/3/2019, Plaintiff disclosure of expert report due by 8/3/2018, Defendant disclosure of expert report due by 10/1/2018, Jury Trial set for 11/1/2019 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway., Conduct mediation hearing by 2/15/2019. Lead counsel to coordinate dates. Signed by Judge Anne C. Conway on 3/21/2018. (RMF)
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| Filing 21 CASE MANAGEMENT REPORT. (Leach, Carlos) |
| Filing 20 SETTLEMENT/TRIAL report by Amy Dalton. (Leach, Carlos) |
| Filing 19 ANSWER to court interrogatories re: #18 FLSA scheduling order with deadlines by Amy Dalton. (Leach, Carlos) |
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Filing 18
FLSA SCHEDULING ORDER. By 3/5/2018 parties shall serve copies upon each other as stated in the order; By 4/23/2018 parties are to meet and confer; Answer to court interrogatories due by 3/26/2018, Settlement Report due by 5/14/2018. Signed by Magistrate Judge Karla R. Spaulding on 2/13/2018. (ECJ)
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Filing 17
ORDER REFERRING CASE to Magistrate Judge for Report and Recommendations. This case is hereby referred to the Magistrate Judge for case management, ruling on all non-dispositive motions, and the issuance of Report and Recommendations on dispositive motions. Signed by Judge Anne C. Conway on 2/12/2018. (RMF)
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| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #11 Related case/interested persons/ECF, #7 Related case/interested persons/ECF by Lifestyle Medical Network, Inc., Christopher Smith identifying Corporate Parent Lifestyle Medical Network, Inc. for Lifestyle Medical Network, Inc... (Lopez-Campillo, Juan) |
| Filing 15 NOTICE of pendency of related cases re #11 Related case/interested persons/ECF, #7 Related case/interested persons/ECF per Local Rule 1.04(d) by Lifestyle Medical Network, Inc., Christopher Smith. Related case(s): no (Lopez-Campillo, Juan) |
| Filing 14 ANSWER and affirmative defenses to #1 Complaint by Lifestyle Medical Network, Inc., Christopher Smith.(Lopez-Campillo, Juan) |
| Filing 13 NOTICE of pendency of related cases re #11 Related case/interested persons/ECF per Local Rule 1.04(d) by Nathan Hawkins, Physicians Stat Lab, inc.. Related case(s): n (Neilsen, Eric) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #11 Related case/interested persons/ECF by Nathan Hawkins, Physicians Stat Lab, inc.. (Neilsen, Eric) |
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Filing 11
RELATED CASE ORDER,INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing.(DEFENDANT). Notice of pendency of other actions due by 2/2/2018, Certificate of interested persons and corporate disclosure statement due by 2/2/2018. Signed by Judge Anne C. Conway on 1/19/2018. (RMF)
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| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #7 Related case/interested persons/ECF by Amy Dalton. (Leach, Carlos) |
| Filing 9 NOTICE of pendency of related cases re #7 Related case/interested persons/ECF per Local Rule 1.04(d) by Amy Dalton. Related case(s): no (Leach, Carlos) |
| Filing 8 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Nathan Hawkins, Physicians Stat Lab, inc..(Neilsen, Eric) |
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Filing 7
RELATED CASE ORDER,INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing. Notice of pendency of other actions due by 1/24/2018, Certificate of interested persons and corporate disclosure statement due by 1/24/2018. Signed by Judge Anne C. Conway on 1/10/2018. (RMF)
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| Filing 6 NOTICE of Appearance by Eric William Neilsen on behalf of Nathan Hawkins, Physicians Stat Lab, inc. (Neilsen, Eric) |
| Filing 5 SUMMONS issued as to Christopher Smith. (JLC) |
| Filing 4 SUMMONS issued as to Lifestyle Medical Network, Inc. (JLC) |
| Filing 3 SUMMONS issued as to Physicians Stat Lab, Inc.. (JLC) |
| Filing 2 SUMMONS issued as to Nathan Hawkins. (JLC) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 69371) filed by Amy Dalton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(JLC) |
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