Gonzalez v. Turner Construction Company et al
| JORGE A. GONZALEZ |
| TURNER CONSTRUCTION COMPANY, KIEWIT INFRASTRUCTURE SOUTH CO. doing business as TURNER - KIEWIT JOINT VENTURE and Eric' Sons, Inc. |
| 6:2020cv01897 |
| October 14, 2020 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Gregory J Kelly |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 19, 2021. 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 Settlement Approval filed by Jorge A. Gonzalez. This case is DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to close the file. Signed by Judge Roy B. Dalton, Jr. on 5/19/2021. (BIA) (ctp)
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Filing 69
REPORT AND RECOMMENDATIONS re #68 JOINT MOTION FOR ENTRY OF ORDER APPROVING SETTLEMENT AND DISMISSING CASE WITH PREJUDICE. It is RECOMMENDED that the Court enter an order GRANTING the Motion (Doc. No. 68) and that Plaintiff's FLSA claim be DISMISSED with prejudice. Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal. If the parties have no objection to this Report and Recommendation, they may promptly file a joint notice of no objection in order to expedite the final disposition of this case. Signed by Magistrate Judge Gregory J. Kelly on 5/3/2021. (HMK)
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| Filing 68 Joint MOTION for Settlement Approval by Jorge A. Gonzalez. (Attachments: #1 Exhibit A - Settlement Agreement)(Palma, Zandro) |
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Filing 67
ORDER: The parties are directed to file a motion to approve the settlement agreement on or before Wednesday, May 5, 2021. Signed by Judge Roy B. Dalton, Jr. on 4/14/2021. (BIA)
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| Filing 66 Remark: Doc. #65 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 3/15/21. (EBU) |
| Filing 65 CERTIFICATE of interested persons and corporate disclosure statement re #63 Order directing compliance by Eric' Sons, Inc.. (Rooney, Arthur) |
| Filing 64 NOTICE of settlement by Jorge A. Gonzalez (Palma, Zandro) |
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Filing 63
ORDER directing compliance to #5 Interested Persons Order. Responses due by 3/11/2021. Signed by Judge Roy B. Dalton, Jr. on 2/26/2021. (BIA)
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Filing 62
ORDER denying #39 Motion to Dismiss; denying #45 Motion to Dismiss for Failure to State a Claim; denying #58 Motion to Dismiss. Signed by Judge Roy B. Dalton, Jr. on 2/25/2021. (BIA)
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| Filing 61 NOTICE of supplemental authority re #39 MOTION to Dismiss First Amended Complaint and Memorandum in Support by Turner Construction Company. (Sales, Erin) |
| Filing 60 RESPONSE to Motion re #58 MOTION to Dismiss First Amended Complaint and Memorandum in Support filed by Jorge A. Gonzalez. (Palma, Zandro) |
| Filing 59 RESPONSE to Motion re #45 MOTION to Dismiss for Failure to State a Claim filed by Jorge A. Gonzalez. (Palma, Zandro) |
| Filing 58 MOTION to Dismiss First Amended Complaint and Memorandum in Support by Eric' Sons, Inc.. (Rooney, Arthur) |
| Filing 57 RESPONSE to Motion re #39 MOTION to Dismiss First Amended Complaint and Memorandum in Support filed by Jorge A. Gonzalez. (Palma, Zandro) |
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Filing 56
ENDORSED ORDER granting #55 UNOPPOSED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE. Arthur J. Rooney is admitted pro hac vice. Counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Gregory J. Kelly on 2/8/2021. (HMK)
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| Filing 55 Unopposed MOTION for Arthur J. Rooney to appear pro hac vice by Eric' Sons, Inc., Kiewit Infrastructure South Co.. (Rooney, Arthur) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 54
ENDORSED ORDER granting #52 UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE PLAINTIFF'S RESPONSE TO DEFENDANT'S KIEWIT INFRASTRUCTURE SOUTH CO. d/b/a TURNER - KIEWIT JOINT VENTURE MOTION TO DISMISS [DE# 45]. Plaintiff shall file a response to the Motion to Dismiss on or before February 16, 2021. Signed by Magistrate Judge Gregory J. Kelly on 2/3/2021. (HMK)
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Filing 53
ORDER denying #51 UNOPPOSED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE. Signed by Magistrate Judge Gregory J. Kelly on 2/3/2021. (HMK)
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| Filing 52 Unopposed MOTION for Extension of Time until 2/16/21 to File Response/Reply as to #45 MOTION to Dismiss for Failure to State a Claim by Jorge A. Gonzalez. (Palma, Zandro) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 2/2/2021 (LDJ). |
| Filing 51 Unopposed MOTION for Arthur J. Rooney to appear pro hac vice by Eric' Sons, Inc., Kiewit Infrastructure South Co. (Rooney, Arthur) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 2/2/2021 (LDJ). |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. 113A-17830910 for $150 paid. Special Admission for Non-Resident Attorney Arthur J. Rooney. (Rooney, Arthur) |
| . Special Admission for Non-Resident Attorney Arthur J. Rooney. (Rooney, Arthur) |
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Filing 50
ENDORSED ORDER granting #49 UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE PLAINTIFF'S RESPONSE TO DEFENDANT'S TURNER CONSTRUCTION COMPANY MOTION TO DISMISS [DE# 39]. Plaintiff shall file a response to the Motion to Dismiss on or before February 8, 2021. Signed by Magistrate Judge Gregory J. Kelly on 1/26/2021. (HMK)
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| Reset deadline as to #39 MOTION to Dismiss First Amended Complaint and Memorandum in Support. Responses due by 2/8/2021 (LDJ) |
| Filing 49 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss First Amended Complaint and Memorandum in Support by Jorge A. Gonzalez. (Palma, Zandro) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 48
ORDER granting #47 UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT KIEWIT INFRASTRUCTURE SOUTH CO. Attorney Benjamin Cody Davis terminated. Signed by Magistrate Judge Gregory J. Kelly on 1/22/2021. (HMK)
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| Filing 47 Unopposed MOTION for Benjamin C. Davis to Withdraw as Attorney by Kiewit Infrastructure South Co. (Davis, Benjamin) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 1/22/2021 (LDJ). |
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Filing 46
ORDER denying #44 STIPULATION FOR SUBSTITUTION OF COUNSEL. Signed by Magistrate Judge Gregory J. Kelly on 1/21/2021. (HMK)
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| Filing 45 MOTION to Dismiss for Failure to State a Claim by Kiewit Infrastructure South Co.. (Burruezo, Carlos) |
| Filing 44 MOTION to Substitute Attorney Benjamin Davis by Kiewit Infrastructure South Co.. (Burruezo, Carlos) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 43 NOTICE to counsel Arthur Rooney of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (ARJ) |
| Set deadlines as to Kiewit Infrastructure South Co. Responses due by 1/18/2021 (ARJ) |
| Filing 42 WAIVER of service returned executed on 1/11/2021 by Jorge A. Gonzalez as to Eric' Sons, Inc.. (Palma, Zandro) |
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Filing 41
ENDORSED ORDER granting #40 DEFENDANT KIEWIT INFRANSTRUCTURE SOUTH CO.'SUNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT. Defendant shall file its response to Plaintiff's First Amended Complaint on or before January 18, 2021. Signed by Magistrate Judge Gregory J. Kelly on 1/12/2021. (HMK)
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| Filing 40 Unopposed MOTION for Extension of Time until 1/18/21 to File Response/Reply as to #34 Amended Complaint by Kiewit Infrastructure South Co. (Davis, Benjamin) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 1/12/2021 (LDJ). |
| Filing 39 MOTION to Dismiss First Amended Complaint and Memorandum in Support by Turner Construction Company. (Sales, Erin) |
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Filing 38
ENDORSED ORDER granting #37 DEFENDANT KIEWIT INFRANSTRUCTURE SOUTH CO.'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT. The response is due by 1/11/2021. Signed by Magistrate Judge Gregory J. Kelly on 12/28/2020. (MB)
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| Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply as to #34 Amended Complaint by Kiewit Infrastructure South Co.. (Davis, Benjamin) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Reset deadline for Turner Construction Company. Answer due by 1/11/2021. (LDJ) |
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Filing 36
ENDORSED ORDER granting #35 DEFENDANT TURNER CONSTRUCTION COMPANY'S CONSENT MOTION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT. Defendant shall file a response to the First Amended Complaint on or before January 11, 2021. Signed by Magistrate Judge Gregory J. Kelly on 12/22/2020. (HMK)
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| Filing 35 Consent MOTION for Extension of Time to File Response/Reply as to #34 Amended Complaint by Turner Construction Company. (Sales, Erin) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 34 FIRST AMENDED COMPLAINT against Eric' Sons, Inc., Kiewit Infrastructure South Co., Turner Construction Company with Jury Demand. filed by Jorge A. Gonzalez.(LDJ) |
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Filing 33
ORDER: The Clerk is DIRECTED to docket Plaintiff's First Amended Complaint (Doc. 32-1) as a separate docket entry. Signed by Judge Roy B. Dalton, Jr. on 12/11/2020. (BIA)(ctp)
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Filing 32
STIPULATION and Order Allowing Plaintiff to File First Amended Complaint re #25 Amended Complaint by Jorge A. Gonzalez. (Attachments: #1 Exhibit A - First Amended Complaint)(Palma, Zandro) Modified text on 12/11/2020 (LDJ).
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| Filing 31 Remark: Doc. #30 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 12/9/2020.(EJV) |
| Filing 30 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Kiewit Infrastructure South Co. identifying Corporate Parent Peter Kiewit Sons', Inc., Corporate Parent Kiewit Infrastructure Group, Inc., Corporate Parent Kiewit Corporation, Other Affiliate Kiewit Infrastructure South Co. for Kiewit Infrastructure South Co... (Davis, Benjamin) |
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Filing 29
ENDORSED ORDER granting #28 DEFENDANT TURNER CONSTRUCTION COMPANY'S CONSENT MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT. Defendant shall file a response to the Amended Complaint within fourteen days of filing of the Amended Complaint. Signed by Magistrate Judge Gregory J. Kelly on 12/8/2020. (HMK)
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| Filing 28 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Turner Construction Company. (Sales, Erin) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 27
ORDER to strike re: #25 Amended Complaint filed by Jorge A. Gonzalez Signed by Judge Roy B. Dalton, Jr. on 12/7/2020. (BIA) (ctp)
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| Filing 26 SUMMONS issued as to Eric' Sons, Inc. (LDJ) |
| Filing 25 (STRICKEN per Order #27) AMENDED COMPLAINT against Kiewit Infrastructure South Co., Turner Construction Company, ERIC' SONS, INC. with Jury Demand. filed by Jorge A. Gonzalez. (Attachments: #1 Proposed Summons)(Palma, Zandro) Modified text on 12/7/2020 (LDJ). |
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Filing 24
ENDORSED ORDER granting #23 DEFENDANT KIEWIT INFRANSTRUCTURE SOUTH CO.'SUNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT. Defendant shall file a response to Plaintiff's Complaint on or before December 4, 2020. Signed by Magistrate Judge Gregory J. Kelly on 11/20/2020. (HMK)
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| Reset deadline for Kiewit Infrastructure South Co. Answer due by 12/4/2020. (LDJ) |
| Filing 23 Unopposed MOTION for Extension of Time until 12/4/20 to File Response/Reply as to #1 Complaint by Kiewit Infrastructure South Co. (Davis, Benjamin) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 11/20/2020 (LDJ). |
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Filing 22
ENDORSED ORDER granting #21 DEFENDANT TURNER CONSTRUCTION COMPANY'S CONSENT MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT. Defendant shall file a response to the Complaint on or before December 7, 2020. Signed by Magistrate Judge Gregory J. Kelly on 11/19/2020. (HMK)
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| Reset deadline: for Turner Construction Company. Answer due by 12/7/2020. (LDJ) |
| Filing 21 Consent MOTION for Extension of Time until 12/7/20 to File Response/Reply as to #1 Complaint, Set/reset deadlines/hearings-PUBLIC by Turner Construction Company. (Sales, Erin) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 11/19/2020 (LDJ). |
| Filing 20 Remark: Doc. #14 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 11/9/20. (EBU) |
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Filing 19
ENDORSED ORDER granting #17 DEFENDANT KIEWIT INFRANSTRUCTURE [sic] SOUTH CO.'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT. Defendant shall file a response to Plaintiff's Complaint on or before November 20, 2020. Signed by Magistrate Judge Gregory J. Kelly on 11/9/2020. (HMK)
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| Set deadline for Turner Construction Company. Answer due by 11/23/2020. (LDJ) |
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Filing 18
ENDORSED ORDER granting #15 DEFENDANT TURNER CONSTRUCTION COMPANY'S CONSENT MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT. Defendant shall file a response to the Complaint on or before November 23, 2020. Signed by Magistrate Judge Gregory J. Kelly on 11/6/2020. (HMK)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Kiewit Infrastructure South Co.. (Davis, Benjamin) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 16 NOTICE of Attorney Appearance by Benjamin Cody Davis on behalf of Kiewit Infrastructure South Co. (Davis, Benjamin) |
| Filing 15 Consent MOTION for Extension of Time until 11/23/20 to File Response/Reply as to #1 Complaint by Turner Construction Company. (Sales, Erin) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 11/6/2020 (LDJ). |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Turner Construction Company identifying Corporate Parent ACS Actividades de Construccion y Servicios, S.A., Corporate Parent Hochtief, USA, Inc., Corporate Parent Hochtief Americas, GmbH, Corporate Parent Hochtief, AG for Turner Construction Company.. (Sales, Erin) |
| Filing 13 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Turner Construction Company. Related case(s): no (Sales, Erin) |
| Filing 12 NOTICE of Appearance by Erin Michelle Sales on behalf of Turner Construction Company (Sales, Erin) |
| Filing 11 NOTICE of Appearance by Kevin W. Shaughnessy on behalf of Turner Construction Company (Shaughnessy, Kevin) |
| Filing 10 RETURN of service executed on 10/16/2020 by Jorge A. Gonzalez as to Turner Construction Company. (Palma, Zandro) |
| Filing 9 RETURN of service executed on 10/16/2020 by Jorge A. Gonzalez as to Kiewit Infrastructure South Co.. (Palma, Zandro) |
| Filing 8 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Jorge A. Gonzalez. Related case(s): yes (Palma, Zandro) |
| Filing 7 Remark: Doc. #6 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 10/29/2020. (EJV) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Jorge A. Gonzalez. (Palma, Zandro) |
| Filing 5 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/30/2020. Signed by Deputy Clerk on 10/16/2020. (BIA) (ctp) |
| Filing 4 RELATED CASE ORDER. Notice of pendency of other actions due by 10/30/2020. Signed by Deputy Clerk on 10/16/2020. (BIA)(ctp) |
| Filing 3 SUMMONS issued as to Kiewit Infrastructure South Co., Turner Construction Company. (LDJ) |
| Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Gregory J. Kelly. New case number: 6:20-cv-1897-Orl-37GJK. (SJB) |
| Filing 1 COMPLAINT against Kiewit Infrastructure South Co., Turner Construction Company with Jury Demand (Filing fee $ 400 receipt number 113A-17424895) filed by Jorge A. Gonzalez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Palma, Zandro) Modified text on 10/15/2020 (LDJ). |
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