Allen et al v. Big Buildings Direct, LLC et al
| Angela Allen, Devin Cunningham, Nalicia Mohamed and Reliable Platinum Buildings, LLC |
| Big Buildings Direct, LLC and Anthony Panapinto |
| Gregory P. Holder |
| 8:2021cv02047 |
| August 24, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 50
ENDORSED ORDER granting the joint motion to approve FLSA settlement and dismiss with prejudice. (Doc. #49). Any settlement of an FLSA overtime claim reached between the parties is subject to judicial scrutiny. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982). Here, Plaintiff Allen is not receiving any compensation for her FLSA overtime claim; instead, any compensation she or the other Plaintiffs receive is being attributed to their non-FLSA claims, as settled by a confidential settlement agreement. The Court does not condone attempts to evade judicial scrutiny of FLSA settlements by attributing all settlement funds to non-FLSA claims and by keeping settlement agreements for non-FLSA claims confidential. However, given the unusual facts of this case, the Court does not believe that the lack of compensation for Allen's FLSA claim is an attempt to thwart the required judicial review. Rather, as noted in the joint motion and as Defendants have argued throughout this case, Allen's FLSA claim was likely judicially estopped because it is undisputed that she did not assert it as an asset in her bankruptcy case, which she filed before this case was initiated. See Ortega v. Bel Fuse, Inc., 546 B.R. 468, 470 (S.D. Fla. 2016)("A debtor who fails to disclose a legal claim that is the property of the bankruptcy estate may be equitably or judicially estopped from later asserting that claim."). Thus, the decision to settle the FLSA claim without monetary compensation is reasonable in this particular situation. The Court approves the settlement of the FLSA claim and dismisses this case with prejudice. The Court does not retain jurisdiction to enforce the settlement. The Clerk is directed to close the case. Signed by Judge Virginia M. Hernandez Covington on 4/24/2022. (DMD)
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| Filing 49 Joint MOTION for Miscellaneous Relief, specifically to Approve Settlement of FLSA Claim and to Dismiss Case with Prejudice by All Plaintiffs. (Attachments: #1 Exhibit A - Composite)(Prater, Christopher) |
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Filing 48
ENDORSED ORDER denying the motion for leave to file motion for partial summary judgment. (Doc. #47). "Absent the Court's permission, a party may not file multiple motions for summary judgment." (Doc. #19 at 1). And the Court only permits multiple summary judgment motions in exceptional circumstances. Defendants' motion does not present any exceptional circumstances and would not substantially increase the efficient litigation of this action. Defendants may raise any arguments regarding Allen's bankruptcy in the same motion for summary judgment they intend to file as to all other claims and arguments. Signed by Judge Virginia M. Hernandez Covington on 1/26/2022. (DMD)
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| Filing 47 Unopposed MOTION for Leave to File Other Document :Unopposed Motion for Leave to File Motion for Summary Judgment by All Defendants. (Adams, David) |
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Filing 46
ORDER denying without prejudice #34 Defendant/Counter-Claimant's Motion for Order Preserving Evidence. Signed by Magistrate Judge Thomas G. Wilson on 12/30/2021. (DMS)
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| Filing 45 Minute Entry. In-person proceedings held before Magistrate Judge Thomas G. Wilson: MOTION HEARING held on 12/30/2021 re #34 MOTION for Miscellaneous Relief, specifically Preserving Evidence filed by Big Buildings Direct, LLC, Anthony Panapinto. (DIGITAL) (DMS) |
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Filing 44
ORDER denying #43 Plaintiffs/Counter-Defendants' Time Sensitive Unopposed Motion to Appear Remotely. Signed by Magistrate Judge Thomas G. Wilson on 12/28/2021. (DMS)
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| Filing 43 Unopposed MOTION for Jonathan Pollard to appear telephonically (Time Sensitive) by Angela Allen(an individual), Devin Cunningham, Nalicia Mohamed(an individual), Reliable Platinum Buildings, LLC(a Florida limited liability company). (Pollard, Jonathan) |
| Filing 42 AMENDED ANSWER and affirmative defenses to #1 Complaint with Demand for Jury Trial by Big Buildings Direct, LLC(a Florida limited liability company), Anthony Panapinto. (Adams, David) Modified text on 12/10/2021 (LNR). |
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Filing 41
ENDORSED ORDER granting the unopposed motion for leave to amend affirmative defenses. (Doc. #36). Amended answer and affirmative defenses to be filed as a separate docket entry by December 10, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/9/2021. (DMD)
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| Filing 40 RESPONSE to Motion re #36 MOTION For Leave to Amend Affirmative Defenses - No Opposition - filed by Angela Allen, Devin Cunningham, Nalicia Mohamed, Reliable Platinum Buildings, LLC. (Prater, Christopher) |
| Filing 39 NOTICE of in-person hearing on Motion for Miscellaneous Relief, specifically Preserving Evidence (Doc. 34). Motion Hearing set for 12/30/2021 at 02:30 PM in Tampa Courtroom 12 A before Magistrate Judge Thomas G. Wilson. Belated submissions are disfavored. Any materials submitted after 4:00 p.m. on the day before the hearing will be disregarded.(KAJ) |
| Filing 38 RESPONSE in Opposition re #34 MOTION for Miscellaneous Relief, specifically Preserving Evidence filed by Angela Allen, Devin Cunningham, Nalicia Mohamed, Reliable Platinum Buildings, LLC. (Prater, Christopher) |
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Filing 37
ENDORSED ORDER referring the motion for order preserving evidence (Doc. #34) to the Honorable Thomas G. Wilson, United States Magistrate Judge, for disposition pursuant to 28 U.S.C. 636(b)(1)(A). Signed by Judge Virginia M. Hernandez Covington on 12/1/2021. (DMD) Motions referred to Magistrate Judge Thomas G. Wilson.
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| Filing 36 MOTION For Leave to Amend Affirmative Defenses by All Defendants. (Attachments: #1 Exhibit A)(Adams, David) |
| Filing 35 NOTICE of Filing Declaration by Big Buildings Direct, LLC(a Florida limited liability company), Anthony Panapinto re #34 MOTION for Miscellaneous Relief, specifically Preserving Evidence. (Attachments: #1 Declaration of John Clingerman in Support of Defendants Motion For/To Preserve Evidence)(Adams, David) |
| Filing 34 MOTION for Miscellaneous Relief, specifically Preserving Evidence by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B)(Adams, David) |
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Filing 33
ORDER appointing Gregory Holder as mediator in this action. The mediation conference is scheduled for April 22, 2022. 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. Signed by Judge Virginia M. Hernandez Covington on 10/29/2021. (DMD)
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| Filing 32 NOTICE of mediation conference/hearing to be held on before Gregory Holder. (Pollard, Jonathan) |
| Filing 31 REPLY to #13 Counterclaim , Affirmative Defenses, and Demand for a Jury Trial by Reliable Platinum Buildings, LLC. Related document: #13 Answer to ComplaintCounterclaim filed by Anthony Panapinto.(Prater, Christopher) |
| Filing 30 REPLY to #23 Counterclaim , Affirmative Defenses, and Demand for a Jury Trial by Reliable Platinum Buildings, LLC. Related document: #23 Counterclaim filed by Big Buildings Direct, LLC.(Prater, Christopher) |
| Filing 29 REPLY to #13 Counterclaim , Affirmative Defenses, and Demand for a Jury Trial by Nalicia Mohamed. Related document: #13 Answer to ComplaintCounterclaim filed by Anthony Panapinto.(Prater, Christopher) |
| Filing 28 REPLY to #23 Counterclaim , Affirmative Defenses, and Demand for a Jury Trial by Nalicia Mohamed. Related document: #23 Counterclaim filed by Big Buildings Direct, LLC.(Prater, Christopher) |
| Filing 27 REPLY to #13 Counterclaim , Affirmative Defenses, and Demand for a Jury Trial by Devin Cunningham. Related document: #13 Answer to ComplaintCounterclaim filed by Anthony Panapinto.(Prater, Christopher) |
| Filing 26 REPLY to #23 Counterclaim , Affirmative Defenses, and Demand for a Jury Trial by Devin Cunningham. Related document: #23 Counterclaim filed by Big Buildings Direct, LLC.(Prater, Christopher) |
| Filing 25 REPLY to #13 Counterclaim , Affirmative Defenses, and Demand for a Jury Trial by Angela Allen. Related document: #13 Answer to ComplaintCounterclaim filed by Anthony Panapinto.(Prater, Christopher) |
| Filing 24 REPLY to #23 Counterclaim , Affirmative Defenses, and Demand for a Jury Trial by Angela Allen. Related document: #23 Counterclaim filed by Big Buildings Direct, LLC.(Prater, Christopher) |
| Filing 23 Amended COUNTERCLAIM against Angela Allen(an individual), Devin Cunningham(an individual), Nalicia Mohamed(an individual), Reliable Platinum Buildings, LLC(a Florida limited liability company) filed by Big Buildings Direct, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Glaser, Zachary) |
| Filing 22 NOTICE of Appearance by Zachary J. Glaser on behalf of Big Buildings Direct, LLC, Anthony Panapinto (Glaser, Zachary) |
| Filing 21 NOTICE of Attorney Zachary Glaser Appearance by David W. Adams on behalf of Big Buildings Direct, LLC, Anthony Panapinto (Adams, David) |
| Filing 20 ***TERMINATED; contacted counsel to refile using proper event.***AMENDED document by Big Buildings Direct, LLC. Defendant's Amended Counterclaim. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Composite Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Composite Exhibit Q, #18 Exhibit R)(Adams, David) Modified text on 10/8/2021 (LNR). |
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Filing 19
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/7/2021. (TWL)
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Filing 18
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #17), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 10/7/2021. (TWL)
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Filing 17
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 12/8/2022 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington Jury Trial set for the January 2023 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 7/8/2022. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 10/7/2021. (TWL)
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| Filing 16 CASE MANAGEMENT REPORT. (Prater, Christopher) |
| Filing 15 CORPORATE Disclosure Statement by Big Buildings Direct, LLC, Anthony Panapinto. (Adams, David) |
| Filing 14 NOTICE of Appearance by David W. Adams on behalf of Big Buildings Direct, LLC, Anthony Panapinto (Adams, David) |
| Filing 13 ANSWER and affirmative defenses to #1 Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Anthony Panapinto.(Adams, David) |
| Filing 12 CORPORATE Disclosure Statement by Angela Allen, Devin Cunningham, Nalicia Mohamed, Reliable Platinum Buildings, LLC. (Prater, Christopher) |
| Filing 11 STATUS report regarding service of process on Defendant Panapinto by Angela Allen, Devin Cunningham, Nalicia Mohamed, Reliable Platinum Buildings, LLC. (Prater, Christopher) |
| Filing 10 RETURN of service executed on 9/1/2021 by Nalicia Mohamed, Devin Cunningham, Angela Allen, Reliable Platinum Buildings, LLC as to Big Buildings Direct, LLC. (Prater, Christopher) |
| Filing 9 RETURN of service executed on 9/9/2021 by Nalicia Mohamed, Devin Cunningham, Angela Allen, Reliable Platinum Buildings, LLC as to Anthony Panapinto. (Prater, Christopher) |
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Filing 8
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 1, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 9/17/2021. (DMD)
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Filing 7
ENDORSED ORDER: Plaintiffs are directed to file a status report on their efforts to perfect service of process on Defendant Anthony Panapinto by September 23, 2021. Signed by Judge Virginia M. Hernandez Covington on 9/17/2021. (DMD)
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| Filing 6 ANSWER and affirmative defenses with Jury Demand to #1 Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Big Buildings Direct, LLC.(Adams, David) Modified text on 10/1/2021 (AG). |
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Filing 5
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS)
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| Filing 4 NOTICE to Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (LNR) |
| Filing 3 SUMMONS issued as to Big Buildings Direct, LLC, Anthony Panapinto. (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:21-cv-2047-VMC-TGW. (SJB) |
| Filing 1 COMPLAINT - Declaratory Relief Requested - against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18628760) filed by All Plaintiffs. (Attachments: #1 Exhibit A - Allen's ICA, #2 Exhibit B - Composite - Facebook Posts, #3 Exhibit C - Client Email, #4 Exhibit D - Composite - False Leads, #5 Exhibit E - Allen Text, #6 Civil Cover Sheet, #7 Proposed Summons - Big Buildings Direct, LLC and Panapinto)(Prater, Christopher) |
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