Wood v. Pal Petroleum LLC et al
| Ashley Wood |
| Pal Petroleum LLC d/b/a Circle K, Mohamed Pal, Sultan, Mohamed Sultan Pal and Pal Petroleum LLC |
| Mark Hanley |
| 8:2020cv00433 |
| February 25, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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Filing 14
ORDER: The Motion to Approve FLSA Settlement Agreement (Doc. #13) is GRANTED. The parties' settlement is approved. This case is DISMISSED WITH PREJUDICE. The Clerk is directed to CLOSE THE CASE. Signed by Judge Virginia M. Hernandez Covington on 4/10/2020. (DMD)
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| Filing 13 MOTION for Settlement Approval of FLSA Settlement Agreement and Incorporated Memorandum of Law by Ashley Wood. (Attachments: #1 Exhibit A- Settlement Agreement)(Naso, Ryan) |
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Filing 12
ENDORSED ORDER: Wood initiated this FLSA and Florida minimum wage action on February 25, 2020. (Doc. #1). She served the two Defendants, whose answers were due on April 6, 2020. No answers have been filed and instead, on April 8, 2020, Wood filed a notice of voluntary dismissal without prejudice that does not provide the reasons for Wood's dismissal of the case. (Doc. #11). Because this is an FLSA action, any settlement reached between the parties is subject to judicial scrutiny of the terms of the settlement agreement. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982). Therefore, if a settlement of some kind has been reached, the parties must file a motion for settlement approval, rather than a stipulation of dismissal or notice of voluntary dismissal with or without prejudice. See Farias v. Trade Secrets, LLC, No. 6:14-CV-880-ORL-37, 2014 WL 8771497, at *1 (M.D. Fla. Sept. 18, 2014) ("Rule 41(a)(1)(a)(ii) does not authorize parties to voluntarily dismiss an employee's FLSA claims with prejudice unless they first obtain the requisite approval."); Seliem v. Islamic Soc'y of Tampa Bay Area, Inc., No. 8:18-cv-1590-T-33AEP, 2018 WL 4925687, at *2 (M.D. Fla. Oct. 2, 2018)("The Court agrees that judicial review of the circumstances surrounding Seliem's decision to dismiss his FLSA claims - either with or without prejudice - is required to effectuate the policy concerns articulated in Lynn's Food Stores."). Accordingly, Wood is directed to file a notice by April 13, 2020, informing the Court of whether a settlement was reached in this case and, if no settlement was reached, the reason for her filing the notice of voluntary dismissal. Signed by Judge Virginia M. Hernandez Covington on 4/9/2020. (DMD)
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| Filing 11 NOTICE of voluntary dismissal by Ashley Wood. (Naso, Ryan) |
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Filing 10
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Mark A. Hanley, Esq., for mediation. The parties must mediate no later than June 5, 2020. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by April 20, 2020. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lead Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the hearing by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 3/20/2020. (SKP)
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| Filing 9 RETURN of service executed on 3/14/2020 by Ashley Wood as to Mohamed Sultan Pal. (Naso, Ryan) |
| Filing 8 RETURN of service executed on 3/14/2020 by Ashley Wood as to Pal Petroleum LLC. (Naso, Ryan) |
| Filing 7 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Ashley Wood. Related case(s): no (Naso, Ryan) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #4 Related case order and track 2 notice by Ashley Wood. (Naso, Ryan) |
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Filing 5
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 3/9/2020. (TWL)
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 3/9/2020. (TWL)
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| Filing 3 SUMMONS issued as to Mohamed Sultan Pal, Pal Petroleum LLC. (MCB) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-433-T-33SPF. (SJB) |
| Filing 1 COMPLAINT and Demand for Jury Trial against Pal Petroleum LLC d/b/a Circle K, Mohamed Pal, Sultan with Jury Demand (Filing fee $ 400 receipt number 113A-16518421) filed by Ashley Wood. (Attachments: #1 Exhibit A to Complaint, #2 Exhibit B to Complaint, #3 Civil Cover Sheet, #4 Proposed Summons Summons to Corp., #5 Proposed Summons Summons to Individual)(Naso, Ryan) |
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