Sims v. Rock N Massage, Inc.
Petitioner: Faith Sims
Respondent: Rock N Massage, Inc.
Not Classified By Court: Karen Evans
Case Number: 8:2020cv01727
Filed: July 27, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: James S Moody
Referring Judge: Julie S Sneed
Nature of Suit: Labor: Other
Cause of Action: 42:1981
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2020 Opinion or Order Filing 37 60-DAY ORDER OF DISMISSAL re #36 Report of Mediation. All pending motions, if any, are DENIED as moot. The Clerk is directed to close the file. Signed by Judge James S. Moody, Jr. on 8/3/2020. (SMB)
August 3, 2020 Filing 36 MEDIATION report Hearing held on 07/29/2020. Hearing outcome: Settled. (Evans, Karen)
July 27, 2020 Filing 35 NOTICE to counsel Valerie Barton Barnhart of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (AG)
July 27, 2020 Filing 34 TRANSFER IN from the Southern District of Florida. Case assigned to District Judge James S. Moody, Jr. and Magistrate Judge Julie S. Sneed. New Case Number: 8:20-cv-1727-T-30JSS. (AG)
July 27, 2020 Filing 33 Case transferred in from District of Florida Southern; Case Number 0:19-cv-62884. File received electronically
July 24, 2020 Opinion or Order Filing 32 ORDER TRANSFERRING VENUE TO THE MIDDLE DISTRICT OF FLORIDA denying without prejudice #24 Motion for Extension of Time of Discovery Cutoff Deadline ; granting in part and denying in part #27 Motion for Summary Judgment. Closing Case. Motions Terminated: #24 Plaintiff's MOTION for Extension of Time of Discovery Cutoff Deadline to conduct the deposition of non-party witnesses filed by Faith Sims, #27 Defendant's MOTION for Summary Judgment filed by Rock N Massage, Inc. Signed by Judge Raag Singhal on 7/24/2020. See attached document for full details. (drz) [Transferred from flsd on 7/27/2020.] Modified text on 7/27/2020 (AG).
July 16, 2020 Opinion or Order Filing 31 PAPERLESS ORDER REGARDING TRIAL SETTING. This matter is before the Court sua sponte upon the entry of Administrative Order 2020-41 Coronavirus Public Emergency - Fifth Order Concerning Jury Trials and Other Proceedings. Jury trials in the Southern District of Florida are postponed until October 13, 2020 due to the Coronavirus Public Emergency. Non-jury trials may proceed at the discretion of the District Judge. If the parties agree to try this case before the Court (non-jury trial), the parties shall file a Stipulation to Waive Jury Trial by the earlier of fourteen days of this Order or three days prior to the scheduled calendar call. If the parties do not file a Stipulation to Waive Jury Trial by the applicable deadline, the trial will be moved to a later calendar. All other pre-trial deadlines remain in effect. Signed by Judge Raag Singhal on 7/16/2020. (eca) [Transferred from flsd on 7/27/2020.]
July 3, 2020 Filing 30 Defendant's REPLY to #28 Response in Opposition to Motion, #27 Defendant's MOTION for Summary Judgment by Rock N Massage, Inc. (Goldstein, Mark) [Transferred from flsd on 7/27/2020.] Modified text on 7/27/2020 (AG).
June 29, 2020 Filing 29 Statement of: OF FACTS IN OPPOSITION TO DEFENDANT'S STATEMENT OF FACTS AND PLAINTIFF'S STATEMENT OF UNDISPUTED FACTS by Faith Sims re #28 Response in Opposition to Motion (Attachments: #1 Affidavit, #2 Affidavit)(Shulman, Brody) [Transferred from flsd on 7/27/2020.]
June 29, 2020 Filing 28 RESPONSE in Opposition re #27 Defendant's MOTION for Summary Judgment filed by Faith Sims. Replies due by 7/6/2020. (Shulman, Brody) [Transferred from flsd on 7/27/2020.]
June 15, 2020 Filing 27 Defendant's MOTION for Summary Judgment by Rock N Massage, Inc.. Responses due by 6/29/2020 (Attachments: #1 Exhibit)(Goldstein, Mark) [Transferred from flsd on 7/27/2020.]
June 11, 2020 Filing 26 REPLY to Response to Motion re #24 Plaintiff's MOTION for Extension of Time of Discovery Cutoff Deadline TO CONDUCT THE DEPOSITION OF NON-PARTY WITNESS filed by Faith Sims. (Shulman, Brody) [Transferred from flsd on 7/27/2020.]
June 5, 2020 Filing 25 RESPONSE in Opposition re #24 Plaintiff's MOTION for Extension of Time of Discovery Cutoff Deadline TO CONDUCT THE DEPOSITION OF NON-PARTY WITNESS filed by Rock N Massage, Inc.. Replies due by 6/12/2020. (Goldstein, Mark)[Transferred from flsd on 7/27/2020.]
June 5, 2020 Filing 24 Plaintiff's MOTION for Extension of Time of Discovery Cutoff Deadline TO CONDUCT THE DEPOSITION OF NON-PARTY WITNESS by Faith Sims. (Attachments: #1 Text of Proposed Order)(Shulman, Brody) [Transferred from flsd on 7/27/2020.]
May 26, 2020 Opinion or Order Filing 23 ORDER Scheduling Mediation before Karen Evans, Esq. Mediation Hearing set for 7/29/2020 10:00 AM. Signed by Judge Raag Singhal on 5/26/2020. See attached document for full details. (drz) [Transferred from flsd on 7/27/2020.]
May 20, 2020 Filing 22 Plaintiff's NOTICE of Mediation Hearing. Mediation Hearing set for 7/29/2020 at 10:00 am. (Attachments: #1 Text of Proposed Order)(Shulman, Brody) [Transferred from flsd on 7/27/2020.]
April 8, 2020 Opinion or Order Filing 21 PAPERLESS ORDER GRANTING IN PART #18 Plaintiff's Motion to Compel and related relief (the "Motion"). Due to the COVID-19 pandemic, Defendant has until May 8, 2020 to produce the responsive documents at issue in the Motion. All other deadlines remain unchanged. See ECF No. #12 (Trial Order). Any request for extension of the current court deadlines, see ECF No. #20 (Defendant's response), must be filed by separate motion for consideration by the District Judge. Additionally, Plaintiff's request for attorney's fees and costs related to the Motion is denied as Defendant's position is substantially justified. See Fed. R. Civ. P. 37(a)(5)(A)(ii). Signed by Magistrate Judge Alicia O. Valle on 4/8/2020. (sd01) [Transferred from flsd on 7/27/2020.]
April 3, 2020 Filing 20 RESPONSE in Opposition re #18 Plaintiff's MOTION to Compel RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND PRODUCE DOCUMENTS filed by Rock N Massage, Inc.. Replies due by 4/10/2020. (Goldstein, Mark) [Transferred from flsd on 7/27/2020.]
March 27, 2020 Filing 19 NOTICE OF DISCOVERY PROCEDURES. Judge Valle's discovery procedures are set forth at http://www.flsd.uscourts.gov/content/judge-alicia-o-valle. Specifically, discovery motions are handled on an expedited briefing schedule and with a shortened page limitation. The parties shall file responses to discovery motions no later than seven (7) days after a motion is filed. These deadlines are inclusive of the mailing days allotted by the Federal and Local Rules. Contrary deadlines that may appear on the Court's docket or on reports generated by CM/ECF cannot modify these procedures. Any discovery motion and response, including the incorporated memorandum of law, shall not exceed ten (10) double-spaced pages, using 12-point font. Reply memoranda, if permitted by the Court, shall not exceed five (5) double-spaced pages. Accordingly, Defendant's response to #18 Plaintiff's Motion to Compel Defendant's Responses to Plaintiff's First Set of Interrogatories and to Produce Responsive Documents is due by April 3, 2020. Signed by Magistrate Judge Alicia O. Valle on 3/27/2020. (sr00) [Transferred from flsd on 7/27/2020.]
March 27, 2020 Filing 18 Plaintiff's MOTION to Compel RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND PRODUCE DOCUMENTS by Faith Sims. Responses due by 4/10/2020 (Attachments: #1 Text of Proposed Order)(Shulman, Brody) [Transferred from flsd on 7/27/2020.]
January 28, 2020 Opinion or Order Filing 17 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE: ( Jury Trial set for 9/28/2020 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Calendar Call set for 9/25/2020 10:00 AM in Fort Lauderdale Division before Judge Raag Singhal.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Magistrate Judge Barry S. Seltzer no longer assigned as presider/referral judge(s) in case. Signed by Judge Raag Singhal on 1/28/2020. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from flsd on 7/27/2020.]
January 8, 2020 Opinion or Order Filing 16 ORDER OF REASSIGNMENT to Judge Raag Singhal for all further proceedings, Judge Cecilia M. Altonaga no longer assigned to case. Signed by Judge Cecilia M. Altonaga on 1/7/2020. See attached document for full details. (yar) [Transferred from flsd on 7/27/2020.]
December 17, 2019 Opinion or Order Filing 15 ORDER Scheduling Mediation before Karven Evans, Esq. Mediation Hearing set for 3/31/2020 10:00 AM. Signed by Judge Cecilia M. Altonaga on 12/17/2019. See attached document for full details. (drz) [Transferred from flsd on 7/27/2020.]
December 16, 2019 Filing 14 Plaintiff's NOTICE of Mediation Hearing. Selected/Added Karen Evans as Mediator. Mediation Hearing set for 3/31/2020 at 10:00 am. (Attachments: #1 Text of Proposed Order)(Shulman, Brody) [Transferred from flsd on 7/27/2020.]
November 27, 2019 Opinion or Order Filing 13 PAPERLESS ORDER SETTING DISCOVERY PROCEDURES. No discovery motions shall be filed with the Court unless specifically authorized by Order. In the event a discovery dispute does arise, counsel are instructed to meet and confer in a good faith attempt to resolve the dispute. If, after conferring, the parties cannot resolve their discovery dispute, the movant must seek relief whin 14 days after the grounds for relief occur by contacting Chambers (954-769-5450) and scheduling a discovery hearing. The movant shall have first conferred with opposing counsel and obtained three alternative dates and times that both counsel are available for a hearing. The attorney or other person with knowledge who telephones the Court shall have the following information: (a) the nature of the discovery dispute; (b) the efforts made to confer with opposing counsel; and (c) three agreed upon dates for a hearing. The Court will then set the matter for hearing and order the parties to submit a joint status report on the issues. Where there has been a complete failure to respond to discovery, and where good faith efforts have been made (without success) to obtain that discovery, counsel need not obtain agreed upon dates, but shall so inform the Court telephonically of the issue, and the Court will set the matter for hearing. Finally, when the parties have stipulated to the entry of an order, such as stipulated confidentiality order, the parties shall not file a motion for entry of the stipulated order. Instead, counsel shall email to Chambers (seltzer@flsd.uscourts.gov) a copy of the proposed stipulated order in Word or WordPerfect format, with a statement that the parties have agreed to entry of the proposed order. Signed by Judge Cecilia M. Altonaga on 11/27/2019. (pb00) [Transferred from flsd on 7/27/2020.]
November 27, 2019 Opinion or Order Filing 12 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE: ( Jury Trial set for 9/28/2020 before Judge Cecilia M. Altonaga., Calendar Call set for 9/22/2020 09:00 AM before Judge Cecilia M. Altonaga.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 6/8/2020.)and ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 11/27/2019. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from flsd on 7/27/2020.]
November 27, 2019 Filing 11 Defendant's Corporate Disclosure Statement by Rock N Massage, Inc. (Goldstein, Mark) [Transferred from flsd on 7/27/2020.]
November 27, 2019 Filing 10 STATUS REPORT Removal Status Report by Rock N Massage, Inc. (Goldstein, Mark) [Transferred from flsd on 7/27/2020.]
November 26, 2019 Filing 9 Joint SCHEDULING REPORT - Rule 16.1 by Faith Sims (Shulman, Brody) [Transferred from flsd on 7/27/2020.]
November 26, 2019 Filing 8 Plaintiff's Certificate of Other Affiliates by Faith Sims (Shulman, Brody) [Transferred from flsd on 7/27/2020.]
November 21, 2019 Filing 7 NOTICE OF COURT PRACTICE IN REMOVAL CASES. Removal Status Report due by 12/3/2019. Signed by Judge Cecilia M. Altonaga on 11/21/2019. See attached document for full details. (wc) [Transferred from flsd on 7/27/2020.]
November 21, 2019 Opinion or Order Filing 6 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 12/3/2019. Signed by Judge Cecilia M. Altonaga on 11/21/2019. See attached document for full details. (wc) [Transferred from flsd on 7/27/2020.]
November 21, 2019 Filing 5 Defendant's ANSWER and Affirmative Defenses to Complaint by Rock N Massage, Inc.. (Goldstein, Mark) [Transferred from flsd on 7/27/2020.]
November 21, 2019 Filing 4 Clerks Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the State Court Documents. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (drz) [Transferred from flsd on 7/27/2020.]
November 21, 2019 Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) [Transferred from flsd on 7/27/2020.]
November 21, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) [Transferred from flsd on 7/27/2020.]
November 21, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-12166601, filed by Rock N Massage, Inc.. (Attachments: #1 Civil Cover Sheet)(Goldstein, Mark) (Main Document 1 replaced on 11/21/2019) (drz). (Additional attachment(s) added on 11/21/2019: #2 State Court Documents) (drz). [Transferred from flsd on 7/27/2020.]

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Petitioner: Faith Sims
Represented By: Jorge Freddy Perera
Represented By: Brody Max Shulman
Represented By: Bayardo E. Aleman
Represented By: Valerie Barton Barnhart
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Respondent: Rock N Massage, Inc.
Represented By: Mark Alexander Goldstein
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Not classified by court: Karen Evans
Represented By: Karen Amster Evans
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