Zarr v. Leading Edge Connections LLC
| Michele Zarr |
| Leading Edge Connections, LLC |
| Carlos J. Burruezo |
| 8:2023cv02642 |
| November 17, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| None |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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Filing 26
ORDER: The Joint Motion for Approval of Settlement Agreement (Doc. #24) is GRANTED. The parties' settlement is approved. This case is DISMISSED WITH PREJUDICE. The Court does not retain jurisdiction to enforce the settlement agreement. The Clerk is directed to CLOSE THE CASE. Signed by Judge Virginia M. Hernandez Covington on 12/19/2023. (DMD)
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Filing 25
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Thomas Leon Brown, Jr. and Jennifer Rachel Yee are not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why their appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel have until January 2, 2024, to comply with this Order. Failure to do so will result in counsels' appearances being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by January 2, 2024. Signed by Judge Virginia M. Hernandez Covington on 12/19/2023. (MEJ)
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| Filing 24 Joint MOTION for Settlement Approval by Leading Edge Connections, LLC. (Attachments: #1 Exhibit Exhibit 1 Fully Executed Settlement Agreement)(Cronin, Sean) |
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Filing 23
ENDORSED ORDER: The parties have filed a notice of settlement. (Doc. #22). 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 December 18, 2023. The parties should include information concerning the amount to be paid to Plaintiff (including liquidated damages), the amount 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-RBD-GJK, 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-VMC-AEP, 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 12/8/2023. (DMD)
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| Filing 22 NOTICE of settlement by Leading Edge Connections, LLC (Cronin, Sean) |
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Filing 21
ENDORSED ORDER: Under the fast-track Scheduling Order (Doc. #17 at 3), Plaintiff was directed to file the notice of mediation, setting the date, time, and location of the in-person mediation conference, by December 1, 2023. That date has passed, but no notice of mediation has been filed. Accordingly, Plaintiff is directed to file the notice of mediation by December 7, 2023. Signed by Judge Virginia M. Hernandez Covington on 12/4/2023. (DMD)
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Filing 20
ENDORSED ORDER denying without prejudice Defendant's #19 Motion to Withdraw as Counsel. It appears that counsel has not complied with Local Rule 3.01(g). Signed by Magistrate Judge Christopher P. Tuite on 12/4/2023. (ACL)
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| Filing 19 MOTION for Jennifer R. Yee to Withdraw as Attorney by Leading Edge Connections, LLC. (AA) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 18 NOTICE of Appearance by Sean P. Cronin on behalf of Leading Edge Connections, LLC (Cronin, Sean) |
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Filing 17
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Carlos Burruezo, Esq., for mediation. The parties must mediate no later than January 16, 2024. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by December 1, 2023. 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 11/20/2023. (MEJ)
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| Filing 16 NOTICE TO COUNSEL Thomas Leon Brown, Jr., Jennifer Rachel Yee Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details. (Signed by Deputy Clerk). (AG) |
| Filing 15 TRANSFER IN from the District of Arizona. Case assigned to District Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New Case Number: 8:23-cv-2642-VMC-CPT. (AG) |
| Filing 14 Case transferred in from District of Arizona; Case Number 3:23-cv-08530. File received electronically |
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Filing 13
ORDER that Defendant's motion to transfer venue #12 is granted. IT IS FURTHER ORDERED that the Clerk shall transfer this action to the United States District Court for the Middle District of Florida Tampa Division and then close this case. See document for complete details. Signed by Judge Dominic W Lanza on 11/17/2023. (KLG) [Transferred from azd on 11/17/2023.]
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| Filing 12 MOTION to Transfer Venue by Leading Edge Connections LLC. (Attachments: #1 Exhibit Contractor Agreement, #2 Exhibit Affidavit of Eric K. Sims, #3 Proposed Order Proposed Order)(Yee, Jennifer) [Transferred from azd on 11/17/2023.] |
| Remark: Pro hac vice motion(s) granted for Sean Patrick Cronin on behalf of Defendant Leading Edge Connections LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 11/17/2023.] |
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Filing 11
ORDER - IT IS ORDERED that Plaintiff's unopposed motion (Doc. #10) is granted. The deadline for Defendant to file a response to the complaint is extended to October 18, 2023. Ordered by Judge Dominic W Lanza.(SLQ)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from azd on 11/17/2023.]
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| Filing 10 *Second MOTION for Extension of Time for Defendants to Respond to Plaintiff's Complaint by Michele Zarr. (Attachments: #1 Proposed Order Order)(Brown, Thomas) *Modified to correct event on 9/28/2023 (SLQ). [Transferred from azd on 11/17/2023.] |
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Filing 9
ORDER - IT IS ORDERED that Plaintiff's unopposed motion (Doc. #8) is granted. The deadline for Defendant to file a response to the complaint is extended to September 25, 2023. Ordered by Judge Dominic W Lanza.(SLQ)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from azd on 11/17/2023.]
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| Filing 8 * MOTION for Extension of Time by Michele Zarr. (Attachments: #1 Proposed Order Granting Extension of Time)(Brown, Thomas) *Modified to correct event on 9/6/2023 (SLQ). [Transferred from azd on 11/17/2023.] |
| Filing 7 *SERVICE EXECUTED filed by Michele Zarr: Return of Service re: Summons, Complaint, and Order upon Eric K. Sims c/o Leading Edge Connections, LLC on August 17, 2023. (Brown, Thomas) *Modified on 8/28/2023 to reflect documents served (REK). [Transferred from azd on 11/17/2023.] |
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Filing 6
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on November 8, 2023, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/10/23. (MAW) [Transferred from azd on 11/17/2023.]
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| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Michele Zarr. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) [Transferred from azd on 11/17/2023.] |
| Filing 4 Summons Issued as to Leading Edge Connections LLC. (BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from azd on 11/17/2023.] |
| Filing 3 Filing fee paid, receipt number AAZDC-22187139. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-23-08530-PCT-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) [Transferred from azd on 11/17/2023.] |
| Filing 2 SUMMONS Submitted by Michele Zarr. (Brown, Thomas) (BAC) [Transferred from azd on 11/17/2023.] |
| Filing 1 COMPLAINT. Filing fee received: $402.00, receipt number AAZDC-22187139 filed by Michele Zarr. (Brown, Thomas) (Attachments: #1 Civil Cover Sheet)(BAC) [Transferred from azd on 11/17/2023.] |
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