Nangle v. Bay Area Site Works, LLC et al
| Musa Nangle |
| Bay Area Site Works, LLC, Robert A Zambito and Robert A. Zambito |
| 8:2023cv00882 |
| April 21, 2023 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
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Filing 16
ENDORSED ORDER: No later than June 27, 2023, the Plaintiff must explain in a brief no longer than ten pages, why service via the Florida Secretary of State is appropriate in this action. The Plaintiff must demonstrate "due diligence" to effectuate personal service before the Plaintiff may effectuate service via the Secretary of State. Fla. Stat. 48.161(3); 48.181(6). Due diligence requires exhaustion of all "obvious and available leads." Coastal Cap. Venture, LLC v. Integrity Staffing Sols., Inc., 153 So. 3d 283, 285 (Fla. 2d DCA 2014) (quotation omitted). This standard is a high bar. Compare Knabb v. Morris, 492 So. 2d 839, 841 (Fla. 5th DCA 1986) (holding that the Plaintiff failed to demonstrate due diligence after attempting personal service at three different addresses) with Baxter v. Miscavige, No. 8:22-CV-986-TPB-JSS, 2023 WL 1993969, at *5-6 (M.D. Fla. Feb. 14, 2023) (Barber, J.) (holding that the Plaintiffs proved due diligence after "Plaintiffs attempted to serve Miscavige a total of 27 times at five different locations in Florida and five different locations in California before filing their Motion"); Delancy v. Tobias, 26 So.3d 77, 79 (Fla. 3d DCA 2010) (holding that the Plaintiffs demonstrated due diligence because they attempted service twenty-two times at the correct address). Signed by Judge Kathryn Kimball Mizelle on 6/13/2023. (JMP)
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| Filing 15 RETURN of service executed on june 6, 2023 by Musa Nangle as to Bay Area Site Works, LLC. (Lee, Kyle) |
| Filing 14 RETURN of service executed on June 6, 2023 by Musa Nangle as to Robert A. Zambito. (Lee, Kyle) |
| Filing 13 SUMMONS issued as to Bay Area Site Works, LLC, Robert A. Zambito. (SET) |
| Filing 12 PROPOSED summons to be issued by Musa Nangle. (Attachments: #1 Proposed Summons)(Lee, Kyle) |
| Filing 11 AMENDED COMPLAINT against Bay Area Site Works, LLC, Robert A. Zambito with Jury Demand filed by Musa Nangle. (Attachments: #1 Proposed Summons, #2 Exhibit A)(Lee, Kyle) Modified text on 5/25/2023 (SET). |
| Filing 10 SUMMONS returned unexecuted by Musa Nangle as to Bay Area Site Works, LLC, Robert A. Zambito. (Lee, Kyle) |
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Filing 9
ENDORSED ORDER: The Plaintiff submitted an #8 affidavit of service but the affidavit fails to prove service as to any of the Defendants in this action. The Plaintiff's affidavit of service relates to another action pending before this Court. Accordingly, the Clerk is directed to STRIKE the #8 affidavit of service. The Plaintiff may prove service as to the Defendants in this action no later than July 20, 2023. See Fed. R. Civ. P. 4(m). Signed by Judge Kathryn Kimball Mizelle on 5/17/2023. (JMP)
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| Filing 8 ***STRICKEN pursuant to Doc 9 Endorsed Order*** RETURN of service executed on May 2, 2023 by Musa Nangle as to Bay Area Site Works, LLC, Robert A. Zambito. (Lee, Kyle) Modified text on 5/18/2023 (SET). |
| Filing 7 SUMMONS issued as to Bay Area Site Works, LLC, Robert A. Zambito. (AG) |
| Filing 6 PROPOSED summons to be issued by Musa Nangle. (Attachments: #1 Proposed Summons)(Lee, Kyle) |
| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement re #3 Standing Order, by Musa Nangle. (Lee, Kyle) |
| Filing 4 NOTICE of a related action per Local Rule 1.07(c) by Musa Nangle. Related case(s): No (Lee, Kyle) |
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Filing 3
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template on the undersigned's website under the "forms" tab within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 4/24/2023. (JMP)
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| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-882-KKM-SPF. (BCB) |
| Filing 1 COMPLAINT against Bay Area Site Works, LLC Robert A. Zambito with Jury Demand (Filing fee $402 receipt number AFLMDC-20752201) filed by Musa Nangle. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Lee, Kyle) Modified text on 4/25/2023 (AG). Modified text on 5/18/2023 (SET). |
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