Camper v. Eldante HVAC Services LLC
| Cedrick Camper |
| Eldante HVAC Services LLC |
| 8:2026cv01238 |
| April 28, 2026 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 23, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 NOTICE of settlement by Cedrick Camper (Heystek, Amanda) |
Filing 25
ENDORSED ORDER: The mediation report indicates that the parties completely settled at mediation. (Doc. #24). 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 July 6, 2026. The parties should include information concerning the amount to be paid to Plaintiff (including liquidated damages), the payment 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 6/23/2026. (DMD)
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| Filing 24 MEDIATION report Hearing held on June 22, 2026. Hearing outcome: Settled. (Burruezo, Carlos) Modified on 6/23/2026 to edit text. (JVC) |
| Filing 23 NOTICE of Filing Verified Summary Pursuant to Paragraph 3 of FLSA Scheduling Order by Eldante HVAC Services LLC re #16 Case Management Scheduling Order (Attachments: #1 Exhibit A - Verified Summary)(Levy, Chad) Modified text on 6/10/2026 (ABM). |
| Filing 22 ANSWER to court interrogatories by Cedrick Camper. (Heystek, Amanda) |
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Filing 21
ORDER appointing Carlos Burruezo as mediator in this action. The mediation conference is scheduled for June 22, 2026, at 1:30 P.M. 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 5/19/2026. (DMD)
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| Filing 20 NOTICE of mediation conference/hearing to be held on June 22, 2026 at 1:30pm before Carlos J. Burruezo. (Heystek, Amanda) |
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Filing 19
ENDORSED ORDER denying the joint motion for virtual mediation. (Doc. #18). The Court firmly believes that in-person mediations are more productive than video mediations. In-person mediations are appropriate absent truly exigent circumstances, such as serious health concerns. No such concerns are present here. All parties, counsel, and claims representatives must appear in person at the mediation. Signed by Judge Virginia M. Hernandez Covington on 5/13/2026. (DMD)
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| Filing 18 Joint MOTION for Chad E. Levy and Amanda Heystek to appear by video for Mediation by Eldante HVAC Services LLC. (Levy, Chad) Modified on 5/14/2026 to edit docket text. (WLB). |
| Filing 17 Defendant's ANSWER and affirmative defenses to Complaint by Eldante HVAC Services LLC.(Levy, Chad) |
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Filing 16
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Carlos J. Burruezo for mediation. The parties must mediate no later than July 6, 2026. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by May 19, 2026. 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 5/6/2026. (GSO)
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| Filing 15 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Cedrick Camper. (Heystek, Amanda) |
| Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Cedrick Camper. Related case(s): Yes (Heystek, Amanda) |
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Filing 13
ORDER: Count I of the complaint, the FWCA retaliation claim, is severed and remanded to state court for lack of subject-matter jurisdiction. But Count II, the FLSA claim, will remain in this Court and the case remains open as to this claim. The Clerk is directed to remand the FWCA claim accordingly. Signed by Judge Virginia M. Hernandez Covington on 5/6/2026. (DMD)
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| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re 3 Order filed by Eldante HVAC Services LLC. (Levy, Chad) |
| Filing 11 NOTICE of Lead Counsel Designation by Chad E. Levy on behalf of Eldante HVAC Services LLC. Lead Counsel: Chad E. Levy, Esq.. (Levy, Chad) |
| Filing 10 NOTICE of Lead Counsel Designation by Amanda E. Heystek on behalf of Cedrick Camper. Lead Counsel: Amanda Heystek. (Heystek, Amanda) |
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Filing 9
ENDORSED ORDER granting Defendant's unopposed motion for extension of time to respond to the complaint. (Doc. #8). Response to the complaint now due May 11, 2026. This extension does not alter the deadline to respond to the Court's show cause order. (Doc. # 3). Signed by Judge Virginia M. Hernandez Covington on 5/4/2026. (DMD)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal Complaint by Eldante HVAC Services LLC. (Levy, Chad) |
| Filing 7 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Eldante HVAC Services LLC identifying Other Affiliate Chad Levy for Eldante HVAC Services LLC. (Levy, Chad) Modified text on 5/5/2026 (EGP). |
| Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Eldante HVAC Services LLC. Related case(s): Yes (Levy, Chad) |
| Filing 5 NOTICE of Local Rule 1.07(c) and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (GSO) |
| Filing 4 NOTICE of Lead Counsel Designation by Amanda E. Heystek on behalf of Cedrick Camper. Lead Counsel: Amanda Heystek. (Heystek, Amanda) |
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Filing 3
ENDORSED ORDER: "Federal law prohibits the removal of certain types of actions by designating them as non-removable." Avery v. Wawa, Inc., No. 8:18-cv-403-VMC-TGW, 2018 WL 1008443, at *1 (M.D. Fla. Feb. 22, 2018)(citing 28 U.S.C. 1445). In particular, civil actions brought in state court "arising under the workmen's compensation laws of such State may not be removed to any district court of the United States." 28 U.S.C. 1445(c). "The Eleventh Circuit has held that retaliation claims brought under Chapter 440.205 of Florida's Workers' Compensation laws fall within the ambit of 28 U.S.C. 1445(c) and that such removed claims must be remanded for lack of subject matter jurisdiction." Avery, 2018 WL 1008443, at *1; see also Reed v. Heil Co., 206 F.3d 1055, 1061 (11th Cir. 2000)(remanding Alabama workers' compensation retaliation claim for lack of subject matter jurisdiction pursuant to 28 U.S.C. 1445(c)); Alansari v. Tropic Star Seafood, Inc., 388 Fed. Appx. 902, 905 (11th Cir. 2010)("[B]ecause the district court lacked subject-matter jurisdiction over Alansari's [Florida] state workers' compensation retaliation claim, we conclude that it erred in refusing to remand the claim to state court."). The complaint here contains a Florida Workers' Compensation Act ("FWCA") retaliation claim that is non-removable, along with an otherwise removable FLSA claim. (Doc. # 1-1). Yet, Defendant has removed the case. (Doc. #1). Accordingly, Defendant is directed to show cause by May 6, 2026, why this case--or at least the retaliation claim-- should not be remanded to state court. Defendant must address whether the entire case should be remanded or whether the retaliation claim should be severed and remanded alone. Signed by Judge Virginia M. Hernandez Covington on 4/29/2026. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:26-cv-1238-VMC-CPT. (RLD) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Tenth Judicial Circuit, case number 53-2026-CA-001469A000BA filed in State Court on 03/24/2026. Filing fee $405, receipt number AFLMDC-24860878 filed by Eldante HVAC Services LLC. (Attachments: #1 State Court COMPLAINT , #2 State Court Docket Sheet, #3 State Court Other Documents , #4 Civil Cover Sheet)(Levy, Chad) Modified on 4/29/2026 to edit the docket text (MLB). |
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| Plaintiff: Cedrick Camper | |
| Represented By: | Kaitlin R. Frerich |
| Represented By: | Amanda E. Heystek |
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| Defendant: Eldante HVAC Services LLC | |
| Represented By: | Chad E. Levy |
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