Cooper v. Hungry Howie's Distributing, Inc.
| Heather Cooper |
| Charlie and Ali's Pizza Company, LLC |
| Carlos J. Burruezo |
| 8:2025cv00296 |
| February 5, 2025 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 (a) Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 12, 2025. A more recent docket listing may be available from PACER.
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Filing 19
ENDORSED ORDER: The Court denies the motion for reconsideration. (Doc # 17). Must means must. Local Rule 1.10 gives a specific time frame and provides that a plaintiff must apply for default judgment within that time frame. That did not occur here. Regardless of the reason why: a mistake or a calendaring error, the filing must occur within that time frame. Because that did not occur, the case must be dismissed without prejudice. Signed by Judge Virginia M. Hernandez Covington on 6/12/2025. (Covington, Virginia)
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| Filing 18 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JDR) |
| Filing 17 MOTION for Reconsideration re 16 Order by Heather Cooper. (Lee, Kyle) |
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Filing 16
ENDORSED ORDER: Under Local Rule 1.10(c), a plaintiff must apply for default judgment within 35 days after the entry of a default. Here, pursuant to Plaintiff Heather Cooper's motion for entry of default (Doc. #13), the Clerk entered a default against Defendant Charlie and Ali's Pizza Company, LLC on May 6, 2025. (Doc. #14). Plaintiff's deadline to move for default judgment was thus June 10, 2025. Yet, no such motion has been filed. Accordingly, the Court dismisses this action without prejudice pursuant to Local Rule 1.10(d). The Clerk is directed to terminate any pending deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 6/11/2025. (MG)
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| Filing 15 RESPONSE re #5 Case Management Scheduling Order #11 Case Management Scheduling Order . Answers to Court's Interrogatories by Heather Cooper. (Lee, Kyle) |
| Filing 14 Clerk's ENTRY OF DEFAULT as to Charlie and Ali's Pizza Company, LLC (AMS) |
| Filing 13 MOTION for Clerk's Entry of Default against Charlie and Ali's Pizza Company, LLC by Heather Cooper. (Lee, Kyle) Motions referred to Magistrate Judge Christopher P. Tuite. |
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Filing 12
ENDORSED ORDER: In light of the Amended Scheduling Order (Doc. #11), Plaintiff's Motion to Extend Time to Answer Court's Interrogatories to Plaintiff (Doc. #10) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 4/4/2025. (MG)
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Filing 11
AMENDED 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 June 23, 2025. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by May 7, 2025. 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 4/4/2025. (MEJ)
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| Filing 10 MOTION for Extension of Time to File Response/Reply Court's Interrogatories to Plaintiff by Heather Cooper. (Lee, Kyle) |
| Filing 9 RETURN of service executed on 4/2/2025 by Heather Cooper as to Charlie and Ali's Pizza Company, LLC. (Lee, Kyle) Modified text on 4/3/2025 (MCB). |
| Filing 8 SUMMONS issued as to Charlie and Ali's Pizza Company, LLC. (JOS) |
| Filing 7 Entered in error. (MG) |
| Filing 6 AMENDED COMPLAINT against Charlie and Ali's Pizza Company, LLC with Jury Demand. filed by Heather Cooper. (Attachments: #1 Proposed Summons)(Lee, Kyle) Modified docket text on 4/1/2025 (JOS). |
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Filing 5
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 May 2, 2025. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by March 17, 2025. 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 2/14/2025. (GSO) Modified on 2/19/2025 to correct mediator(MEJ).
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| Filing 4 RETURN of service executed on February 11, 2025 by Heather Cooper as to Hungry Howie's Distributing, Inc. (Lee, Kyle) Modified text on 2/14/2025 (JK). |
| Filing 3 SUMMONS issued as to Hungry Howie's Distributing, Inc. (MGB) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:25-cv-296-VMC-CPT. (ARL) |
| Filing 1 COMPLAINT against Hungry Howie's Distributing, Inc. with Jury Demand (Filing fee $405 receipt number AFLMDC-22989834) filed by Heather Cooper. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Lee, Kyle) |
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