Ware v. Mainstream IP Solutions, Inc. et al
| Leonard Ware |
| Steven Brown, MCS of Tampa, Inc. and Mainstream IP Solutions, Inc. |
| Mark A. Hanley |
| 8:2020cv00953 |
| April 27, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 19, 2020. A more recent docket listing may be available from PACER.
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Filing 20
ENDORSED ORDER: Ware has filed a notice of settlement, indicating that a settlement has been reached in this case. (Doc. #19). The Court notes that, in the Eleventh Circuit, any settlement reached between the parties in an FLSA action 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). Accordingly, the parties shall file their motion for Court approval of the settlement agreement by July 2, 2020. The parties should include information concerning the amount to be paid to Ware (including liquidated damages), the payment of Ware's attorney's fees, and whether the issue of attorney's fees was negotiated separately from the amount to be paid to Ware for alleged FLSA violations. The Court advises the parties that a stipulation of dismissal or notice of voluntary dismissal will be insufficient--they must file a motion for approval of the settlement. 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."). Signed by Judge Virginia M. Hernandez Covington on 6/19/2020. (DMD)
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| Filing 19 NOTICE of settlement by Leonard Ware (Florin, Wolfgang) |
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Filing 18
ORDER regarding mediation. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 6/18/2020. (TWL)
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Filing 17
ENDORSED ORDER: On May 21, 2020, the Court extended the deadline for Defendants to file their response to the complaint to June 9, 2020. (Doc. # 13). Defendants failed to file their response by that deadline. Rather, a day after the deadline, Defendants now have moved for a second extension of time to file their response. (Doc. #16). However, this motion fails to comply with Local Rule 3.01(g). Accordingly, the motion is denied without prejudice for failure to comply with Local Rule 3.01(g). Furthermore, the Court reminds the parties that they must comply with the Court's deadlines. Signed by Judge Virginia M. Hernandez Covington on 6/10/2020. (DMD)
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| Filing 16 MOTION for Extension of Time to File Answer re #1 Complaint by All Defendants. (Skipper, Jesse) |
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Filing 15
ORDER appointing Mark Hanley as mediator in this action. The mediation conference is scheduled for July 8, 2020, at 1:00 PM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 6/3/2020. (DMD)
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| Filing 14 NOTICE of mediation conference/hearing to be held on July 8, 2020 at 1:00 p.m. before Mark A. Hanley. (Florin, Wolfgang) |
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Filing 13
ENDORSED ORDER granting the joint motion for extension of time. (Doc. #12). All Defendants' responses to the complaint now due June 9, 2020. Signed by Judge Virginia M. Hernandez Covington on 5/21/2020. (DMD)
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| Filing 12 Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint by All Defendants. (Skipper, Jesse) |
| Filing 11 NOTICE of Appearance by Jesse L. Skipper on behalf of Steven Brown, MCS of Tampa, Inc., Mainstream IP Solutions, Inc. (Skipper, Jesse) |
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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 July 20, 2020. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by June 3, 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 4/29/2020. (SKP)
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| Filing 9 RETURN of service executed on April 29, 2020 by Leonard Ware as to MCS of Tampa, Inc.. (Florin, Wolfgang) |
| Filing 8 RETURN of service executed on April 29, 2020 by Leonard Ware as to Mainstream IP Solutions, Inc.. (Florin, Wolfgang) |
| Filing 7 RETURN of service executed on April 29, 2020 by Leonard Ware as to Steven Brown. (Florin, Wolfgang) |
| Filing 6 NOTICE of pendency of related cases per Local Rule 1.04(d) by Leonard Ware. Related case(s): no (Florin, Wolfgang) |
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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 4/28/2020. (SKP)
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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 4/28/2020. (SKP)
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| Filing 3 SUMMONS issued as to Steven Brown, MCS of Tampa, Inc., Mainstream IP Solutions, Inc. (MCB) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-953-T-33JSS. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-16747617) filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Proposed Summons)(Florin, Wolfgang) |
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