Carmona v. Milati, Inc. et al
| Yasmiany Carmona |
| Adolfo Aguirre and Milati, Inc. |
| Mark Hanley |
| 8:2020cv01550 |
| July 8, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 10, 2020. A more recent docket listing may be available from PACER.
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Filing 16
ORDER: The Joint Motion to Approve Settlement and to Dismiss with Prejudice (Doc. #15) 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 8/10/2020. (DMD)
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| Filing 15 Joint MOTION for Settlement Approval by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit)(Roush, Alfred) |
| Filing 14 NOTICE of Appearance by Alfred M. Roush on behalf of Adolfo Aguirre, Milati, Inc. (Roush, Alfred) |
| Filing 13 ***TERMINATED, counsel refiled with correct event.***Notice of Appearance ANSWER to Complaint Defendants Attorney Alfred Roush by Adolfo Aguirre, Milati, Inc.(Roush, Alfred) Modified text on 8/7/2020 (LNR). |
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Filing 12
ENDORSED ORDER: The parties have filed a notice of settlement. (Doc. #11). 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 August 7, 2020. The parties should include information concerning the amount to be paid to Plaintiff (including liquidated damages), the payment of Plaintiff's attorney's fees, and whether the issue of attorney's fees was negotiated separately from the amount to be paid to Plaintiff 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 7/28/2020. (DMD)
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| Filing 11 NOTICE of settlement by Yasmiany Carmona. (Gonzalez, Cynthia) |
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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 October 9, 2020. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by August 4, 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 7/27/2020. (TWL)
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| Filing 9 RETURN of service executed on 7/17/2020 by Yasmiany Carmona as to Milati, Inc. (Gonzalez, Cynthia) |
| Filing 8 RETURN of service executed on 7/18/2020 by Yasmiany Carmona as to Adolfo Aguirre. (Gonzalez, Cynthia) |
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Filing 7
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 7/13/2020. (TWL)
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 7/13/2020. (TWL)
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| Filing 5 SUMMONS issued as to Adolfo Aguirre, Milati, Inc. (CRH) |
| Filing 4 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:20-cv-1550-T-33TGW. (SJB) |
| Filing 3 NOTICE of pendency of related cases per Local Rule 1.04(d) by Yasmiany Carmona. Related case(s): no (Gonzalez, Cynthia) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Yasmiany Carmona. (Gonzalez, Cynthia) |
| Filing 1 COMPLAINT against Adolfo Aguirre, Milati, Inc. with Jury Demand (Filing Fee $400 receipt number 113A-17032898) filed by Yasmiany Carmona. (Attachments: #1 Civil Cover Sheet , #2 Proposed Summons Milati, Inc., #3 Proposed Summons A. Aguirre)(Gonzalez, Cynthia) Modified on 7/10/2020 (CRH). |
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