Fechner v. Pharmatech LLC et al
| Fechner and Tamara Fechner |
| Pharmatech LLC and Raidel Figueroa |
| 0:2016cv62746 |
| November 18, 2016 |
| U.S. District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| Broward (Office: Ft Lauderdale) |
| Chris M McAliley |
| K Michael Moore |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 Fair Labor Standards Act |
| Defendant |
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Filing 26
PAPERLESS ORDER APPROVING SETTLEMENT. THIS CAUSE came before the Court upon the Parties' Joint Motion for Settlement Approval & Dismissal #22 . UPON CONSIDERATION of the Settlement Agreement, Statement of Claim #15 , Defendants' Answer #19 , pertinent portions of the record, and being otherwise fully advised in the premises, the Court finds that the settlement is fair and reasonable. Accordingly, it is ORDERED AND ADJUDGED that the settlement is APPROVED. Plaintiff's Complaint #1 is hereby DISMISSED WITH PREJUDICE. This case remains CLOSED. The Court retains jurisdiction for a period of sixty (60) days to enforce the terms of the settlement agreement. Signed by Chief Judge K. Michael Moore on 2/6/2017. (mll) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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| Filing 25 Clerks Notice to Filer re #22 Joint MOTION for Settlement Approval & Dismissal. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (mc) |
| Filing 24 Clerks Notice to Filer re 23 Sealed Document. Document Not Captioned; In the future when filing a Sealed Document the Filer must File a Notice of Filing with the attached Exhibit. It is not necessary the refile this document. (nc) |
| Filing 22 Joint MOTION for Settlement Approval & Dismissal by Tamara Fechner. Responses due by 2/17/2017 (Attachments: #1 Text of Proposed Order)(Kodsi, Neil). Added MOTION to Dismiss Case with prejudice on 2/6/2017 (mc). |
| SYSTEM ENTRY - Docket Entry 23 [misc] restricted/sealed until further notice. (983998) |
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Filing 21
PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the Joint Notice of Settlement and Request for Cancellation of Settlement Conference #20 . THE PARTIES are hereby directed to file a copy of the settlement agreement with the Court no later than ten (10) days from the date of this order. Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), claims for back wages arising under the FLSA may be settled only with approval of the Court or the Secretary of Labor. The Parties are reminded that FLSA requires judicial review of the reasonableness of counsels legal fees to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under a settlement agreement. Silva v. Miller, 307 F. Appx 349, 351 (11th Cir. 2009). Thus, if the settlement agreement itself does not disclose the amount paid to the Plaintiff and counsel's attorney fees, they should be separately indicated. The Parties should also include in their filing any information that they believe is relevant to determining the fairness of the fee. If the Parties intend to keep the settlement agreement confidential, they may file the settlement agreement as a sealed document. If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. The Clerk of Court is instructed to CLOSE this case for administrative purposes. All pending motions are DENIED AS MOOT. The settlement conference is hereby CANCELED. Signed by Chief Judge K. Michael Moore on 1/24/2017. (mll)
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| Filing 20 NOTICE of Settlement by Tamara Fechner. Attorney Richard Allen McEachin added to party Tamara Fechner(pty:pla). (McEachin, Richard) |
| Filing 19 Defendants' ANSWER and Affirmative Defenses to Complaint with Jury Demand by Raidel Figueroa, Pharmatech LLC. (Avalos, Catalina) |
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Filing 18
ORDER Resetting Settlement Conference for 1/25/2017 at 9:30 AM in Miami Division before Magistrate Judge Chris M. McAliley. Signed by Magistrate Judge Chris M. McAliley on 1/13/2017. (rms)
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Filing 17
ORDER Setting Settlement Conference for 1/18/2017 09:30 AM in Miami Division before Magistrate Judge Chris M. McAliley. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Chris M. McAliley on 1/4/2017. (rms)
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| Filing 16 Defendant's RESPONSE to #15 Statement of Claim by Raidel Figueroa, Pharmatech LLC. (Avalos, Catalina) |
| Filing 15 Statement of: Claim by Tamara Fechner re 5 Pretrial Order,,,,,,,,,,,,,,,,,,, (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Kodsi, Neil) |
| Filing 14 Clerks Notice to Filer re #12 Certificate of Service. Wrong Event Selected - Document is a Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Interested Parties/Corporate Disclosure Statement event and ensure all applicable parties are added. (mc) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Raidel Figueroa, Pharmatech LLC. Raidel Figueroa waiver sent on 12/14/2016, answer due 2/13/2017; Pharmatech LLC waiver sent on 12/14/2016, answer due 2/13/2017. (Avalos, Catalina) |
| Filing 12 CERTIFICATE OF SERVICE by Raidel Figueroa, Pharmatech LLC (Avalos, Catalina) |
| Filing 11 NOTICE of Attorney Appearance by Catalina M. Avalos on behalf of Raidel Figueroa, Pharmatech LLC. Attorney Catalina M. Avalos added to party Raidel Figueroa(pty:dft), Attorney Catalina M. Avalos added to party Pharmatech LLC(pty:dft). (Avalos, Catalina) |
| Filing 10 Summons Issued as to Pharmatech LLC. (cbr) |
| Filing 9 Summons Issued as to Raidel Figueroa. (cbr) |
| Filing 8 NOTICE of Filing Proposed Summons(es) by Tamara Fechner (Kodsi, Neil) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by Tamara Fechner (Kodsi, Neil) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Chris M. McAliley to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Chris M. McAlileys discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 11/28/2016. (mll)
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Filing 5
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorneys fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendants defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Chris M. McAliley within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge McAliley on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge McAliley. Absent an extension from Magistrate Judge McAliley, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. 7. Non-compliance with Order. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Chief Judge K. Michael Moore on 11/28/2016. (mll)
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| Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. Incorrect answer deadlines. (pes) |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (pes) |
| Filing 2 Judge Assignment to Chief Judge K. Michael Moore (pes) |
| Filing 1 COMPLAINT AND DEMAND FOR JURY TRIAL against All Defendants. Filing fees $ 400.00 receipt number 113C-9267328, filed by Tamara Fechner. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons for Pharmatech LLC, #3 Summon(s) Summons for Raidel Figueroa)(Kodsi, Neil) |
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