Lopez v. FreightCenter, Inc
| Joel Lopez |
| FreightCenter, Inc. |
| 8:2019cv02277 |
| September 12, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Civil Rights: Other |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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This docket was last retrieved on January 9, 2020. A more recent docket listing may be available from PACER.
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Filing 20
ENDORSED ORDER: On the basis of the Court's Orders dated October 3, 2019, and January 7, 2020, this case has been dismissed with prejudice. Accordingly, Defendant's Motion for an Order to Show Cause (Doc. #18) is denied as moot. The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 1/9/2020. (SGM)
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Filing 19
ENDORSED ORDER: On October 3, 2019, pursuant to a Notice of Settlement, the Court dismissed this action without prejudice for 60 days, such that the parties could request an extension of time or move to reopen the action, upon good cause being shown. (Doc. # 12). The Court warned that after that 60-day period, however, the dismissal would be deemed with prejudice. (Id.). On December 2, 2019, the 60th day following that Order, Plaintiff Joel Lopez filed a Motion to Reopen Case (Doc. #13). At that time, Lopez had not signed the written settlement agreement. (Id. at 1). The Court extended the 60-day period pending its ruling on the Motion to Reopen the case. (Doc. # 14). Then, on December 26, 2019, Defendant FreightCenter, Inc. filed a Motion for an Order to Show Cause (Doc. #18), explaining that Lopez had since executed the settlement agreement. Indeed, FreightCenter attached a copy of the fully executed settlement agreement to its Motion, which Lopez signed on December 10, 2019. (Doc. # 18-1). "Good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement because such failure to perform should be addressed in a separate breach of contract action. Because Lopez has signed the settlement agreement, good cause does not exist to reopen this case. Lopez's Motion to Reopen Case (Doc. #13) is therefore DENIED. With this Order, the 60-day period is no longer tolled and the 60-day period enunciated in the Court's October 3, 2019, Order therefore ends today. After today, the dismissal of this case shall be deemed with prejudice. Signed by Judge Virginia M. Hernandez Covington on 1/7/2020. (SGM)
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| Filing 18 MOTION for miscellaneous relief, specifically an order directing plaintiff to comply witih terms of settlement agreement, for plaintiff to execute stipulation of dismissal, and for attorneys' fees by FreightCenter, Inc.. (Attachments: #1 Exhibit A: E-mail from former counsel's firm with executed settlement agreement, #2 Exhibit B: E-mail exchange between counsel and Plaintiff, #3 Exhibit C: Draft stipulation of dismissal sent to Plaintiff)(Stearns, Jason) |
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Filing 17
ORDER granting #15 Unopposed Motion to Withdraw as Attorney of Record for Plaintiff Joel Lopez. The Clerk is directed to terminate Luis A. Cabassa as the Plaintiff's counsel of record. See Order for further details. Signed by Magistrate Judge Christopher P. Tuite on 12/10/2019. (AMM)
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| Filing 16 RESPONSE in Opposition re #13 MOTION to Reopen Case filed by FreightCenter, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Stearns, Jason) |
| Filing 15 Unopposed MOTION for Luis A. Cabassa to withdraw as attorney of Record for Plaintiff Joel Lopez by Joel Lopez. (Cabassa, Luis) Motions referred to Magistrate Judge Christopher P. Tuite. |
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Filing 14
ENDORSED ORDER: In Plaintiff's Motion to Reopen Action (Doc. #13), Plaintiff represents that Defendant opposes reopening the case. Accordingly, Defendant is directed to file its response in opposition to Plaintiff's Motion on or before December 9, 2019. The 60-day period enunciated in the Court's October 3, 2019, Order (Doc. # 12) is extended pending this Court's ruling on Plaintiff's Motion to Reopen Action. Signed by Judge Virginia M. Hernandez Covington on 12/2/2019. (SGM)
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| Filing 13 MOTION to Reopen Case by Joel Lopez. (Cabassa, Luis) |
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Filing 12
ENDORSED ORDER: On the basis of the Notice of Settlement, this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 10/3/2019. (SGM)
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| Filing 11 NOTICE of settlement by Joel Lopez (Cabassa, Luis) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by FreightCenter, Inc. (Stearns, Jason) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Joel Lopez. (Cabassa, Luis) |
| Filing 8 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Joel Lopez. Related case(s): yes (Cabassa, Luis) |
| Filing 7 ANSWER and affirmative defenses to Complaint with Jury Demand , COUNTERCLAIM against Joel Lopez by FreightCenter, Inc.(Prindle, Hoyt) |
| Filing 6 NOTICE by FreightCenter, Inc. re #1 Notice of Removal, 4 Notice to counsel of Local Rule Filing of Civil Cover Sheet (Stearns, Jason) |
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 9/13/2019. (TWL)
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| Filing 4 NOTICE to counsel of Local Rule 1.05(e), which states - The Clerk is authorized and directed to require a complete and executed AO Form JS44, Civil Cover Sheet, which shall accompany each civil case as a condition to the filing thereof. State and federal prisoners, and other persons filing civil cases pro se are exempt from the requirements of this subsection. File a completed Civil Cover Sheet using the event Notice (Other) (Signed by Deputy Clerk). (BES) |
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 3, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 9/12/2019. (SGM)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:19-cv-2277-T-33CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court, Sixth Judicial Circuit, case number 19-005049-CI filed in State Court on 07/24/2019. Filing fee $ 400, receipt number 113A-15912179 filed by FreightCenter, Inc.. (Attachments: #1 Exhibit 1A: Complaint, #2 Exhibit 1B: Amended Complaint, #3 Exhibit 1C; Docket Sheet, #4 Exhibit 1D: Pending Motions, #5 Exhibit 1E: Civil Cover Sheet, #6 Exhibit 2: All remainint state court documents)(Stearns, Jason) |
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| Defendant: FreightCenter, Inc. | |
| Represented By: | Jason Paul Stearns |
| Represented By: | Hoyt L. Prindle, III |
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| Plaintiff: Joel Lopez | |
| Represented By: | Luis A. Cabassa |
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